[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3752 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3752

  To amend the Energy Policy Act of 1992 to streamline Indian energy 
 development, to enhance programs to support Indian energy development 
 and efficiency, to make technical corrections, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2010

Mr. Dorgan (for himself, Mr. Johnson, Mr. Thune, Mr. Tester, Mr. Udall 
 of New Mexico, and Mr. Franken) 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 streamline Indian energy 
 development, to enhance programs to support Indian energy development 
 and efficiency, to make technical corrections, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Indian Energy 
Parity Act of 2010''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
                        TITLE I--ENERGY PLANNING

Sec. 101. Indian energy integration demonstration projects.
Sec. 102. Indian land predevelopment feasibility activities.
Sec. 103. Indian energy planning.
Sec. 104. Department of Energy Indian energy education planning and 
                            management assistance program.
Sec. 105. Appraisals.
Sec. 106. Technical assistance for Indian tribal governments.
Sec. 107. Indian hydroelectric provisions.
Sec. 108. Study on inclusion of Indian tribes in national and regional 
                            electrical infrastructure planning.
Sec. 109. Treatment of certain activities and resources as sustainable 
                            management practices.
Sec. 110. Indian land consolidation.
                   TITLE II--INDIAN ENERGY FINANCING

Sec. 201. Indian Energy Loan Guarantee Program.
Sec. 202. Improving access to capital for Indian tribes.
       TITLE III--INDIAN ENERGY DEVELOPMENT AND ENERGY EFFICIENCY

Sec. 301. Leases on Indian land.
Sec. 302. Oil and gas fees on Indian land.
Sec. 303. Indian distributed energy and community transmission 
                            demonstration projects.
Sec. 304. Indian energy efficiency.
Sec. 305. Weatherization assistance for Indian tribes.
Sec. 306. Tribal Biomass Demonstration Project Act of 2010.
Sec. 307. Tribal energy resource agreements.
           TITLE IV--AMENDMENTS TO INDIAN ENERGY POLICY LAWS

Sec. 401. Amendments to Indian energy policy laws.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) as of the date of enactment of this Act, recently 
        enacted Federal laws have begun to support Indian tribal energy 
        development by encouraging Indian tribes to play an active role 
        in developing tribal energy resources;
            (2) the laws described in paragraph (1)--
                    (A) are being implemented slowly; and
                    (B) require modification to overcome a century of 
                Federal policies that have created uncertainty and 
                inequality regarding tribal energy development; and
            (3) other Federal laws in effect on the date of enactment 
        of this Act--
                    (A) create disincentives for investment in Indian 
                country; and
                    (B) discourage Indian tribes from initiating energy 
                development efforts.
    (b) Purpose.--The purpose of this Act is to address problems 
relating to Indian energy development and efficiency, including--
            (1) outdated laws and cumbersome regulations relating to 
        tribal energy development;
            (2) lack of tribal access to the transmission grid; and
            (3) difficulty in obtaining financing and investment for 
        energy projects.

SEC. 3. DEFINITIONS.

    Except as otherwise provided in this Act, in this Act:
            (1) Department.--The term ``Department'' means the 
        Department of the Interior.
            (2) Indian land.--The term ``Indian land'' has the meaning 
        given the term in section 2601 of the Energy Policy Act of 1992 
        (25 U.S.C. 3501).
            (3) 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).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

                        TITLE I--ENERGY PLANNING

SEC. 101. INDIAN ENERGY INTEGRATION DEMONSTRATION PROJECTS.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (2) Agency leader.--The term ``Agency leader'' means 1 or 
        more of the following:
                    (A) The Secretary of Agriculture.
                    (B) The Secretary of Commerce.
                    (C) The Secretary of Energy.
                    (D) The Secretary of Housing and Urban Development.
                    (E) The Administrator of the Environmental 
                Protection Agency.
                    (F) The Secretary of the Interior.
                    (G) The Secretary of Labor.
                    (H) The Secretary of Transportation.
            (3) Tribal energy development organization.--The term 
        ``tribal energy development organization'' has the meaning 
        given the term in section 2601 of the Energy Policy Act of 1992 
        (25 U.S.C. 3501).
    (b) Single Integrated Program.--
            (1) In general.--An Indian tribe or tribal energy 
        development organization may submit to the Secretary, and to 
        applicable Agency leaders, a plan to fully integrate into a 
        single, coordinated, comprehensive program federally funded 
        energy-related activities and programs (including programs for 
        employment training, energy planning, financing, construction, 
        and related physical infrastructure and equipment).
            (2) No additional requirements.--The Agency leaders shall 
        not impose any additional requirement or condition, additional 
        budget, report, audit, or supplemental audit, or require 
        additional documentation from, an Indian tribe or tribal energy 
        development organization that has satisfied the plan criteria 
        described in subsection (c).
            (3) Procedure.--
                    (A) In general.--On receipt of a plan of an Indian 
                tribe or a tribal energy development organization 
                described in paragraph (1) that is in a form that the 
                Secretary determines to be acceptable, the Secretary 
                shall consult with the applicable Agency leaders to 
                determine whether the proposed use of programs and 
                services is in accordance with the eligibility rules 
                and guidelines on the use of agency funds.
                    (B) Integration.--If the Secretary and the 
                applicable Agency leaders make a favorable 
                determination pursuant to subparagraph (A), the 
                Secretary shall authorize the Indian tribe or tribal 
                energy development organization--
                            (i) to integrate and coordinate the 
                        programs and services described in paragraph 
                        (4) into a single, coordinated, and 
                        comprehensive program; and
                            (ii) to reduce administrative costs by 
                        consolidating administrative functions.
            (4) Description of activities.--The activities referred to 
        in paragraph (1) are federally funded energy-related activities 
        and programs (including programs for employment training, 
        energy planning, financing, construction, and related physical 
        infrastructure and equipment), including--
                    (A) any program under which an Indian tribe or 
                tribal energy development organization is eligible to 
                receive funds under a statutory or administrative 
                formula;
                    (B) activities carried out using any funds an 
                Indian tribe or members of the Indian tribe are 
                entitled to under Federal law; and
                    (C) activities carried out using any funds an 
                Indian tribe or a tribal energy development 
                organization may secure as a result of a competitive 
                process for the purpose of planning, designing, 
                constructing, operating, or managing a renewable or 
                nonrenewable energy project on Indian land.
            (5) Inventory of affected programs.--
                    (A) Reports.--Not later than 90 days after the date 
                of enactment of this Act, the Agency leaders shall--
                            (i) conduct a survey of the programs and 
                        services of the agency that are or may be 
                        included in the plan of an Indian tribe or 
                        tribal energy development organization under 
                        this subsection;
                            (ii) provide a description of the 
                        eligibility rules and guidelines on the manner 
                        in which the funds under the jurisdiction of 
                        the agency may be used; and
                            (iii) submit to the Secretary a report 
                        identifying those programs, services, rules, 
                        and guidelines.
                    (B) Publication.--Not later than 60 days after the 
                date of receipt of each report under subparagraph (A), 
                the Secretary shall publish in the Federal Register a 
                comprehensive list of the programs and services 
                identified in the reports.
    (c) Plan Requirements.--A plan submitted by an Indian tribe or 
tribal energy development organization under subsection (b) shall--
            (1) identify the activities to be integrated;
            (2) be consistent with the purposes of this section 
        regarding the integration of the activities in a demonstration 
        project;
            (3) describe--
                    (A) the manner in which services are to be 
                integrated and delivered; and
                    (B) the expected results of the plan;
            (4) identify the projected expenditures under the plan in a 
        single budget;
            (5) identify each agency of the Indian tribe to be involved 
        in the administration of activities or delivery of the services 
        integrated under the plan;
            (6) address any applicable requirements of the Agency 
        leaders for receiving funding from the federally funded energy-
        related activities and programs under the jurisdiction of the 
        Agency leaders, respectively;
            (7) identify any statutory provisions, regulations, 
        policies, or procedures that the Indian tribe recommends to be 
        waived to implement the plan, including any of the requirements 
        described in paragraph (6); and
            (8) be approved by the governing body of the affected 
        Indian tribe.
    (d) Approval Process.--
            (1) In general.--Not later than 90 days after the receipt 
        of a plan of an Indian tribe or tribal energy development 
        organization, the Secretary and applicable Agency leaders shall 
        coordinate a single response to inform the Indian tribe or 
        tribal energy development organization in writing of the 
        determination to approve or disapprove the plan, including any 
        request for a waiver that is made as part of the plan.
            (2) Plan disapproval.--Any issue preventing approval of a 
        plan under paragraph (1) shall be resolved in accordance with 
        subsection (e)(3).
    (e) Plan Review; Waiver Authority; Dispute Resolution.--
            (1) In general.--On receipt of a plan of an Indian tribe or 
        tribal energy development organization, the Secretary shall 
        consult regarding the plan with--
                    (A) the applicable Agency leaders; and
                    (B) the governing body of the applicable Indian 
                tribe.
            (2) Identification of waivers.--
                    (A) In general.--In carrying out the consultation 
                described in paragraph (1), the Secretary, the 
                applicable Agency leaders, and the governing body of 
                the applicable Indian tribe shall identify the 
                statutory, regulatory, and administrative requirements, 
                policies, and procedures that must be waived to enable 
                the Indian tribe or tribal energy development 
                organization to implement the plan.
                    (B) Waiver authority.--Notwithstanding any other 
                provision of law, the applicable Agency leaders may 
                waive any applicable regulation, administrative 
                requirement, policy, or procedure identified under 
                subparagraph (A) in accordance with the purposes of 
                this section.
                    (C) Tribal request to waive.--In consultation with 
                the Secretary and the applicable Agency leaders, an 
                Indian tribe may request the applicable Agency leaders 
                to waive a regulation, administrative requirement, 
                policy, or procedure identified under subparagraph (A).
                    (D) Declination of waiver request.--If the 
                applicable Agency leaders decline to grant a waiver 
                requested under subparagraph (C), the applicable Agency 
                leaders shall provide to the requesting Indian tribe 
                and the Secretary written notice of the declination, 
                including a description of the reasons for the 
                declination.
            (3) Dispute resolution.--
                    (A) In general.--The Secretary, in consultation 
                with the Agency leaders, shall develop dispute 
                resolution procedures to carry out this section.
                    (B) Procedures.--If the Secretary determines that a 
                declination is inconsistent with the purposes of this 
                section, or prevents the Department from fulfilling the 
                obligations under subsection (f), the Secretary shall 
                establish interagency dispute resolution procedures 
                involving--
                            (i) the participating Indian tribe or 
                        tribal energy development organization; and
                            (ii) the applicable Agency leaders.
            (4) Final decision.--In the event of a failure of the 
        dispute resolution procedures under paragraph (3), the 
        Secretary shall inform the applicable Indian tribe or tribal 
        energy development organization of the final determination not 
        later than 180 days after the date of receipt of the plan.
    (f) Responsibilities of Department.--
            (1) Memorandum of agreement.--Not later than 180 days after 
        the date of enactment of this Act, the Secretary and the Agency 
        leaders shall enter into an interdepartmental memorandum of 
        agreement that shall require and include--
                    (A) an annual meeting of participating Indian 
                tribes, tribal energy development organizations, and 
                Agency leaders, to be co-chaired by a representative of 
                the President and a representative of the participating 
                Indian tribes and tribal energy development 
                organizations;
                    (B) an annual review of the achievements made under 
                this section and statutory, regulatory, administrative, 
                and policy obstacles that prevent participating Indian 
                tribes and tribal energy development organizations from 
                fully carrying out the purposes of this section;
                    (C) a forum comprised of participating Indian 
                tribes, tribal energy development organizations, and 
                agencies to identify and resolve interagency or 
                Federal-tribal conflicts that occur in carrying out 
                this section; and
                    (D) the dispute resolution procedures required by 
                subsection (e)(3).
            (2) Department responsibilities.--The responsibilities of 
        the Department include--
                    (A) in accordance with paragraph (3), developing a 
                model single report for each approved plan of an Indian 
                tribe or tribal energy development organization 
                regarding the activities carried out and expenditures 
                made under the plan;
                    (B) providing, subject to the consent of an Indian 
                tribe or tribal energy development organization with an 
                approved plan under this section, technical assistance 
                either directly or pursuant to a contract;
                    (C) developing a single monitoring and oversight 
                system for the plans approved under this section;
                    (D) receiving and distributing all funds covered by 
                a plan approved under this section; and
                    (E) conducting any required investigation relating 
                to a waiver or an interagency dispute resolution under 
                this section.
            (3) Model single report.--The model single report described 
        in paragraph (2)(A) shall--
                    (A) be developed by the Secretary, in accordance 
                with the requirements of this section; and
                    (B) together with records maintained at the Indian 
                tribal level regarding the plan of the Indian tribe or 
                tribal resource development organization, contain such 
                information as would allow a determination that the 
                Indian tribe or tribal energy development 
                organization--
                            (i) has complied with the requirements 
                        incorporated in the applicable plan; and
                            (ii) will provide assurances to each 
                        applicable agency that the Indian tribe or 
                        tribal energy development organization has 
                        complied with all directly applicable statutory 
                        and regulatory requirements.
    (g) No Reduction, Denial, or Withholding of Funds.--No Federal 
funds may be reduced, denied, or withheld as a result of participation 
by an Indian tribe or tribal energy development organization in the 
program under this section.
    (h) Interagency Fund Transfers.--
            (1) In general.--If a plan submitted by an Indian tribe or 
        tribal energy development organization under this section is 
        approved, the Secretary and the applicable Agency leaders shall 
        take all necessary steps to effectuate interagency transfers of 
        funds to the Department for distribution to the Indian tribe or 
        tribal energy development organization.
            (2) Coordinated agency action.--As part of an interagency 
        transfer under paragraph (1), the applicable Agency leader 
        shall provide the Department a 1-time transfer of all required 
        funds by not later than October 1 of each applicable fiscal 
        year.
            (3) Agencies not authorized to withhold funds.--If a plan 
        is approved under this section, none of the applicable Agency 
        leaders may withhold funds for the plan.
    (i) Administration; Recordkeeping; Overage.--
            (1) Administration of funds.--
                    (A) In general.--The funds for a plan under this 
                section shall be administered in a manner that allows 
                for a determination that funds from a specific program 
                (or an amount equal to the amount attracted from each 
                program) shall be used for activities described in the 
                plan.
                    (B) Separate records not required.--Nothing in this 
                section requires an Indian tribe or tribal energy 
                development organization--
                            (i) to maintain separate records relating 
                        to any service or activity conducted under the 
                        applicable plan for the program under which the 
                        funds were authorized; or
                            (ii) to allocate expenditures among those 
                        programs.
            (2) Administrative expenses.--
                    (A) Commingling.--Administrative funds for 
                activities under a plan under this section may be 
                commingled.
                    (B) Entitlement.--An Indian tribe or tribal energy 
                development organization shall be entitled to the full 
                amount of administrative costs for the activities of a 
                plan under this section, in accordance with applicable 
                regulations.
                    (C) Overages.--No overage of administrative costs 
                for the activities of a plan under this section shall 
                be counted for Federal audit purposes, if the overage 
                is used for the purposes described in this section.
    (j) Single Audit Act.--Nothing in this section interferes with the 
ability of the Secretary to fulfill the responsibilities for the 
safeguarding of Federal funds pursuant to chapter 75 of title 31, 
United States Code (commonly known as the ``Single Audit Act'').
    (k) Training and Technical Assistance.--
            (1) In general.--The Department, with the participation and 
        assistance of the Agency leaders, shall conduct activities for 
        technical assistance and training relating to plans under this 
        section, including--
                    (A) orientation sessions for Indian tribal leaders;
                    (B) workshops on planning, operations, and 
                procedures for employees of Indian tribes;
                    (C) training relating to case management, client 
                assessment, education and training options, employer 
                involvement, and related topics; and
                    (D) the development and dissemination of training 
                and technical assistance materials in printed form and 
                over the Internet.
            (2) Administration.--To effectively administer the training 
        and technical assistance activities under this subsection, the 
        Department shall collaborate with an Indian tribe that has 
        experience with federally funded energy-related activities and 
        programs (including programs for employment training, energy 
        planning, financing, construction, and related physical 
        infrastructure and equipment).
            (3) Authorization of appropriations.--To carry out this 
        subsection, there is authorized to be appropriated to the 
        Department, $500,000 for each of fiscal years 2011 through 
        2016, to remain available until expended.

SEC. 102. INDIAN LAND PREDEVELOPMENT FEASIBILITY ACTIVITIES.

    (a) Definition of Renewable Energy.--In this section, the term 
``renewable energy'' means electric energy generated from--
            (1) solar energy;
            (2) wind energy;
            (3) marine and hydrokinetic renewable energy;
            (4) geothermal energy;
            (5) instream hydrokinetic energy or micro-hydroelectric 
        projects;
            (6) biomass; or
            (7) landfill gas.
    (b) Approval Requirement.--Notwithstanding any other provision of 
law, including section 2103 of the Revised Statutes (25 U.S.C. 81), 
United States Code, no agreement for activities on Indian land shall 
require the review or approval of the Secretary of the Interior if the 
agreement--
            (1) involves an activity for the purpose of conducting a 
        scientific, geological, environmental, energy, or other related 
        and necessary study or assessment;
            (2) involves the construction of a temporary facility that 
        will be fully removed or reclaimed after the activity described 
        in paragraph (1) is completed;
            (3) does not, as determined by the Indian tribe, threaten 
        the natural, cultural, or historic resources of the Indian 
        tribe;
            (4) applies for a period of less than 7 years; and
            (5) is executed to study the feasibility of, or in 
        preparation for, the development of a renewable energy project 
        on Indian land.

SEC. 103. INDIAN ENERGY PLANNING.

    Section 2602(a) of the Energy Policy Act of 1992 (25 U.S.C. 
3502(a)) is amended by adding at the end the following:
            ``(4) Planning.--
                    ``(A) In general.--In carrying out the program 
                established by paragraph (1), the Secretary shall 
                provide assistance to interested Indian tribes to 
                develop energy plans, including--
                            ``(i) plans for electrification;
                            ``(ii) plans for oil and gas permitting, 
                        renewable energy permitting, energy efficiency, 
                        electricity generation, transmission planning, 
                        water planning, and other planning relating to 
                        energy issues;
                            ``(iii) plans for the development of energy 
                        resources and to ensure the protection of 
                        natural, historic, and cultural resources; and
                            ``(iv) any other plans that would assist an 
                        Indian tribe in the development or use of 
                        energy resources.
                    ``(B) Cooperation.--In establishing the program 
                under paragraph (1), the Secretary shall work in 
                cooperation with the Office of Indian Energy Policy and 
                Programs of the Department of Energy.''.

SEC. 104. DEPARTMENT OF ENERGY INDIAN ENERGY EDUCATION PLANNING AND 
              MANAGEMENT ASSISTANCE PROGRAM.

    Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 
3502(b)) is amended--
            (1) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``, intertribal organization,'' after 
                ``Indian tribe'';
                    (B) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (D) and (E), respectively; and
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) activities to increase institutional support 
                of Indian tribes to manage energy development and 
                energy efficiency programs;''; and
            (2) in paragraph (4)(A), by striking ``may'' and inserting 
        ``shall''.

SEC. 105. APPRAISALS.

    (a) In General.--Title XXVI of the Energy Policy Act of 1992 (25 
U.S.C. 3501 et seq.) is amended by adding at the end the following:

``SEC. 2608. APPRAISALS.

    ``(a) Options for Conducting Appraisals.--With respect to a 
transaction involving tribal land or the trust assets of an Indian 
tribe that requires the approval of the Secretary, any appraisal 
relating to fair market value required to be conducted under applicable 
law may be conducted by--
            ``(1) the Secretary;
            ``(2) the affected Indian tribe; or
            ``(3) a certified, third-party appraiser pursuant to a 
        contract with the Indian tribe.
    ``(b) Secretarial Review and Approval.--Not later than 30 days 
after the date on which the Secretary receives an appraisal conducted 
by or for an Indian tribe pursuant to paragraphs (2) or (3) of 
subsection (a), the Secretary shall--
            ``(1) review the appraisal; and
            ``(2) provide to the Indian tribe a written notice of 
        approval or disapproval of the appraisal.
    ``(c) Regulations.--The Secretary shall develop regulations for 
implementing this section, including standards the Secretary shall use 
for approving or disapproving an appraisal.''.
    (b) Conforming Amendment.--The table of contents of the Energy 
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the 
end of the items relating to title XXVI the following:

``Sec. 2608. Appraisals.''.

SEC. 106. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL GOVERNMENTS.

    Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 
3502(b)) is amended--
            (1) by redesignating paragraphs (3) through (6) as 
        paragraphs (4) through (7), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) 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.''.

SEC. 107. INDIAN HYDROELECTRIC PROVISIONS.

    Section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) is 
amended--
            (1) by striking ``In issuing'' and inserting ``(1) In 
        general.--In issuing''; and
            (2) in paragraph (1) (as so designated)--
                    (A) by striking ``States and municipalities'' and 
                inserting ``States, Indian tribes, and 
                municipalities''; and
                    (B) by adding at the end the following:
            ``(2) Effect.--Nothing in this subsection shall affect--
                    ``(A) any preliminary permit or original license 
                issued before the date of enactment of the Indian 
                Energy Parity Act of 2010; or
                    ``(B) an application for an original license, if 
                the Commission has issued a notice accepting such 
                application for filing pursuant to section 4.32(d) of 
                title 18, Code of Federal Regulations (or successor 
                regulation) before the date of enactment of the Indian 
                Energy Parity Act of 2010.
            ``(3) Definition of indian tribe.--In this section, 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).''.

SEC. 108. STUDY ON INCLUSION OF INDIAN TRIBES IN NATIONAL AND REGIONAL 
              ELECTRICAL INFRASTRUCTURE PLANNING.

    (a) Study.--
            (1) In general.--The Secretary of Energy, in consultation 
        with Indian tribes, intertribal organizations, the Secretary of 
        the Interior, the Federal Energy Regulatory Commission, the 
        Federal power marketing administrations, regional transmission 
        operators, national, regional, and local electric transmission 
        providers, electric utilities, electric cooperatives, electric 
        utility organizations, and other interested stakeholders, shall 
        conduct a study to assess--
                    (A) the potential for electric generation on Indian 
                land and on the Outer Continental Shelf adjacent to 
                Indian land, from renewable energy resources; and
                    (B) the electrical transmission needs relating to 
                carrying that energy to the market.
            (2) Requirements.--The study under paragraph (1) shall--
                    (A) identify potential energy generation resources 
                on Indian land and on the Outer Continental Shelf 
                adjacent to Indian land, from renewable energy 
                resources;
                    (B) identify existing electrical transmission 
                infrastructure on, and available to provide service to, 
                Indian land;
                    (C) identify relevant potential electric 
                transmission routes and paths that can carry 
                electricity generated on Indian land to loads;
                    (D) assess the capacity and availability of 
                interconnection of existing electrical transmission 
                infrastructure;
                    (E) identify options to ensure tribal access to 
                electricity, if the development of transmission 
                infrastructure to reach tribal areas is determined to 
                be unfeasible;
                    (F) identify regulatory, structural, financial, or 
                other obstacles that Indian tribes encounter or would 
                encounter in attempting to develop energy transmission 
                infrastructure or connect with existing electrical 
                transmission infrastructure; and
                    (G) make recommendations for legislation to help 
                Indian tribes overcome the obstacles identified under 
                subparagraph (F).
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to Congress a report describing 
the results of the study under subsection (a).

SEC. 109. TREATMENT OF CERTAIN ACTIVITIES AND RESOURCES AS SUSTAINABLE 
              MANAGEMENT PRACTICES.

    (a) National Indian Forest Resources Management Act.--The National 
Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.) is 
amended by adding at the end the following:

``SEC. 322. TREATMENT OF CERTAIN ACTIVITIES AND RESOURCES AS 
              SUSTAINABLE MANAGEMENT PRACTICES.

    ``Unless otherwise specifically exempted by Federal law, any 
activity conducted, or resource harvested or produced, pursuant to a 
forest management plan, including a tribal integrated resource 
management plan, approved by the Secretary under this Act shall be 
considered a sustainable management practice for the purposes of any 
applicable Federal standard, benefit, or requirement that requires a 
demonstration of sustainability.''.
    (b) American Indian Agricultural Resource Management Act.--Section 
101 of the American Indian Agricultural Resource Management Act (25 
U.S.C. 3711) is amended by adding at the end the following:
    ``(c) Treatment of Certain Activities and Resources as Sustainable 
Management Practices.--Unless otherwise specifically exempted by 
Federal law, any activity conducted, or resource harvested or produced, 
pursuant to an agricultural resource management plan, including an 
integrated resource management plan, approved by the Secretary under 
this section shall be considered to be a sustainable management 
practice for the purposes of any applicable Federal standard, benefit, 
or requirement that requires a demonstration of sustainability.''.

SEC. 110. INDIAN LAND CONSOLIDATION.

    (a) Definitions.--Section 202(6) of the Indian Land Consolidation 
Act (25 U.S.C. 2201(6)) is amended--
            (1) in subparagraph (A), by striking ``50 or more but less 
        than 100'' and inserting ``not less than 20, but not more than 
        49,''; and
            (2) in subparagraph (B), by striking ``100'' and inserting 
        ``50''.
    (b) Purchase of Trust or Restricted or Controlled Lands at No Less 
Than Fair Market Value.--Section 205(c) of the Indian Land 
Consolidation Act (25 U.S.C. 2204(c)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)(B)'' and 
        inserting ``paragraph (2)(C)''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by redesignating clauses (i) and (ii) 
                        as subclauses (I) and (II), respectively, and 
                        indenting the subclauses appropriately;
                            (ii) in the matter preceding subclause (I) 
                        (as so redesignated), by striking ``Upon 
                        receipt of any payment or bond required under 
                        subparagraph (B), the'' and inserting the 
                        following:
                            ``(i) In general.--Subject to clause (ii), 
                        the'';
                            (iii) in subclause (I) (as so 
                        redesignated), by inserting ``on the date of 
                        submission of the application'' before the 
                        semicolon;
                            (iv) by striking subclause (II) (as so 
                        redesignated) and inserting the following:
                                    ``(II) any individual who--
                                            ``(aa) owns an undivided 
                                        trust or restricted interest in 
                                        the parcel of land on the date 
                                        of submission of the 
                                        application; and
                                            ``(bb) is a member, or is 
                                        eligible to be a member, of an 
                                        Indian tribe.''; and
                            (v) in the matter following subclause (II) 
                        (as so redesignated), by striking ``provided 
                        that no such application'' and inserting the 
                        following:
                            ``(ii) Date of receipt.--No application 
                        submitted under clause (i)'';
                    (B) in subparagraph (B)--
                            (i) in the first sentence, by striking 
                        ``The costs'' and inserting the following:
                            ``(i) In general.--Except as otherwise 
                        provided in this subparagraph, the Secretary 
                        may require that the costs'';
                            (ii) in the second sentence, by striking 
                        ``Upon receiving'' and inserting the following:
                            ``(ii) Action on receipt of notice.--On 
                        receipt of a''; and
                            (iii) by striking the third sentence and 
                        inserting the following:
                            ``(iii) Waiver.--The Secretary shall waive 
                        a payment or bond requirement under this 
                        subparagraph if the Secretary determines that--
                                    ``(I) the waiver will support the 
                                policies of this Act; or
                                    ``(II) partitioning the applicable 
                                parcel will result in avoidance of 
                                future costs and expenses of the United 
                                States in administering the parcel, in 
                                an amount that exceeds the estimated 
                                costs of serving and publishing 
                                notice.'';
                    (C) in subparagraph (D)--
                            (i) in clause (i)--
                                    (I) by striking the clause 
                                designation and heading and all that 
                                follows through ``(III) the owners'' 
                                and inserting the following:
                            ``(i) Consent.--
                                    ``(I) Parcels with valuable 
                                interests.--A parcel of land may be 
                                partitioned under this subsection only 
                                if the applicant obtains the written 
                                consent of the owners'';
                                    (II) by striking ``$1,500.'' and 
                                inserting ``$5,000.'';
                                    (III) in the second sentence, by 
                                striking ``Any consent'' and inserting 
                                the following:
                                    ``(III) Requirements.--Any 
                                consent''; and
                                    (IV) by inserting before subclause 
                                (III) (as so redesignated) the 
                                following:
                                    ``(II) Tribal interests and owner 
                                occupants.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), the 
                                        partition sale of a parcel of 
                                        highly fractionated Indian land 
                                        pursuant to this subsection 
                                        shall not include, and the 
                                        purchaser shall acquire the 
                                        parcel subject to, any trust or 
                                        restricted interest in the 
                                        parcel owned by--

                                                    ``(AA) the Indian 
                                                tribe with jurisdiction 
                                                over the parcel; or

                                                    ``(BB) an 
                                                individual who, for the 
                                                3-year period 
                                                immediately preceding 
                                                the date on which the 
                                                Secretary receives the 
                                                application for the 
                                                sale, has continuously 
                                                resided or operated a 
                                                bona fide farm, ranch, 
                                                or other business on 
                                                the parcel.

                                            ``(bb) Exception.--Item 
                                        (aa) shall not apply if the 
                                        Indian tribe or individual 
                                        described in subitem (AA) or 
                                        (BB), respectively, of item 
                                        (aa) consents to the sale of 
                                        the relevant trust or 
                                        restricted interest at the 
                                        partition sale.''; and
                            (ii) in clause (ii), by striking ``clause 
                        (i)(III)'' and inserting ``clause (i)(I)'';
                    (D) in subparagraph (F)(i), in the matter preceding 
                subclause (I), by striking ``stating'' and inserting 
                ``that provides to the owner information regarding'';
                    (E) in subparagraph (H)--
                            (i) in clause (iii), by striking 
                        ``paragraph (2)(D)'' and inserting 
                        ``subparagraph (D)(i)(I)'';
                            (ii) in clause (v), by striking subclause 
                        (I) and inserting the following:
                                    ``(I) the determination that the 
                                parcel of land meets the requirements 
                                of section 202(6); and''; and
                            (iii) in clause (vii), by striking ``$1,500 
                        pursuant to paragraph (2)(D)(iii)'' and 
                        inserting ``$5,000 pursuant to subparagraph 
                        (D)(i)(I)'';
                    (F) in subparagraph (I)--
                            (i) in clause (i), by striking ``paragraph 
                        (2)(D)'' and inserting ``subparagraph 
                        (D)(i)(I)''; and
                            (ii) in clause (iii)(II), by striking item 
                        (aa) and inserting the following:
                                            ``(aa) greater than the 
                                        total undivided interest held 
                                        by any other co-owner; and''; 
                                        and
                    (G) in subparagraph (K)--
                            (i) in clause (i), by striking ``may 
                        either--'' and all that follows through the end 
                        of subclause (I) and inserting the following: 
                        ``may--
                                    ``(I) purchase the land being sold, 
                                for the appraised fair market value of 
                                the land, on behalf of the Indian tribe 
                                with jurisdiction over the land, 
                                subject to the lien and procedures 
                                described in section 214(b); or''; and
                            (ii) in clause (ii)--
                                    (I) by striking ``any applicable 
                                consent'' and inserting ``the 
                                consent''; and
                                    (II) by striking ``subparagraph 
                                (D)'' and inserting ``subparagraph 
                                (D)(i)(I)''.
    (c) Application of Revenue From Acquired Interests to Land 
Consolidation Program.--Section 214(b) of the Indian Land Consolidation 
Act (25 U.S.C. 2213(b)) is amended by adding at the end the following:
            ``(6) Tribal authority to apply revenues against other 
        liens.--
                    ``(A) In general.--On receipt of a written request 
                of the governing body of an Indian tribe with 1 or more 
                beneficial interests in land received pursuant to 
                section 213(a)(3), the Secretary shall credit any 
                revenues derived from those beneficial interests 
                against any lien under paragraph (1) on revenues from 1 
                or more other beneficial interests of that Indian tribe 
                (regardless of whether such a beneficial interest is in 
                the same tract of land), as specified in the request.
                    ``(B) Amendment or revocation of request.--The 
                governing body of an Indian tribe may amend or revoke, 
                in writing, a request submitted under subparagraph (A) 
                if, as determined by the Secretary, the amendment or 
                revocation does not affect the application of revenues 
                made by the Secretary pursuant to that subparagraph 
                before the date on which the amendment or revocation is 
                received by the Secretary.''.
    (d) Owner-Managed Interests.--Section 221 of the Indian Land 
Consolidation Act (25 U.S.C. 2220) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``agricultural 
                purposes for a term not to exceed 10 years.'' and 
                inserting ``any purpose authorized by the first section 
                of the Act of August 9, 1959 (25 U.S.C. 415), or any 
                applicable law of the Indian tribe with jurisdiction 
                over the land, for a term of not more than 25 years, 
                which may be renewed for an additional period of not 
                more than 25 years.''; and
                    (B) by adding at the end the following:
            ``(3) Prohibited uses.--Notwithstanding paragraph (1), any 
        lease entered into under that paragraph shall include a 
        provision expressly prohibiting the use of the leased parcel 
        for storing or processing hazardous wastes or materials of any 
        kind.
            ``(4) Inclusion of necessary and reasonable access in 
        leases.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, any lease authorized by this section 
                may include provisions for 1 or more access routes to 
                serve, or assist in carrying out, the purposes of the 
                lease provided that the term or renewal term of any 
                access provisions does not exceed, respectively, the 
                term or renewal term of the lease.
                    ``(B) Compensation.--If provisions regarding 
                necessary and reasonable access are included in a lease 
                under subparagraph (A), compensation for the provisions 
                regarding access shall be included in the lease.
                    ``(C) Nonapplicability.--Any access provision in a 
                lease described in subparagraph (A) shall not--
                            ``(i) be considered a right-of-way; or
                            ``(ii) invoke any Federal law, regulation, 
                        or standard relating to rights-of-way, 
                        including provisions in the Act of February 5, 
                        1948 (25 U.S.C. 323 et seq.).'';
            (2) in subsection (d)--
                    (A) in paragraph (1), in the first sentence--
                            (i) by striking ``shall approve'' and 
                        inserting ``may disapprove''; and
                            (ii) by striking ``unless'' and inserting 
                        ``only if''; and
                    (B) in paragraph (2)--
                            (i) by striking ``Notwithstanding'' and 
                        inserting the following:
                    ``(A) In general.--Notwithstanding''; and
                            (ii) by adding at the end the following:
                    ``(B) Effective date.--The owner-managed status of 
                a trust or restricted interest in a parcel of land 
                under subparagraph (A) shall take effect on the date on 
                which all applications are approved by the Secretary 
                under that subparagraph.'';
            (3) in subsection (i)(1)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) subject to subparagraph (B)--
                            ``(i) an owner of a trust or restricted 
                        interest in a parcel of land; or'';
                    (B) in subparagraph (B), by striking ``(B) the 
                parent'' and inserting the following:
                            ``(ii) the parent''; and
                    (C) by adding at the end the following:
                    ``(B) The term `qualified applicant' does not 
                include an individual under the age of 18 or an 
                incompetent person.''; and
            (4) in subsection (j), by striking ``(including leases with 
        terms of a duration in excess of 10 years)'' and inserting 
        ``(including leases with terms or renewal terms the duration of 
        which exceed 25 years)''.

                   TITLE II--INDIAN ENERGY FINANCING

SEC. 201. INDIAN ENERGY LOAN GUARANTEE PROGRAM.

    Section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 
3502(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking the paragraph designation and all 
                that follows through ``may provide'' and inserting the 
                following:
            ``(1) Requirement.--Subject to paragraph (4), not later 
        than 1 year after the date of enactment of the Indian Energy 
        Parity Act of 2010, the Secretary of Energy shall provide''; 
        and
                    (B) by striking ``any loan made to an Indian tribe 
                for energy development'' and inserting ``such loans 
                made to Indian tribes or tribal energy development 
                organizations for energy development, energy 
                transmission projects, or the integration of energy 
                resources as the Secretary determines to be 
                appropriate'';
            (2) in paragraph (3), by striking the paragraph designation 
        and all that follows through ``made by--'' and inserting the 
        following:
            ``(3) Eligible providers of loans.--A loan for which a loan 
        guarantee is provided under this subsection shall be made by--
        '';
            (3) in paragraph (4)--
                    (A) by striking ``(4) The aggregate'' and inserting 
                the following:
            ``(4) Limitations.--
                    ``(A) Aggregate outstanding amount.--The 
                aggregate''; and
                    (B) by adding at the end the following:
                    ``(B) Specific appropriation or contribution.--No 
                loan guarantee may be provided under this subsection 
                unless--
                            ``(i) an appropriation for the cost of the 
                        guarantee has been made; or
                            ``(ii) the Secretary of Energy has--
                                    ``(I) received from the borrower a 
                                payment in full for the cost of the 
                                obligation; and
                                    ``(II) deposited the payment into 
                                the Treasury.'';
            (4) in paragraph (5), by striking the paragraph designation 
        and all that follows through ``may issue'' and inserting the 
        following:
            ``(5) Regulations.--The Secretary of Energy shall 
        promulgate''; and
            (5) in paragraph (7), by striking ``1 year after the date 
        of enactment of this section'' and inserting ``2 years after 
        the date of enactment of the Indian Energy Parity Act of 
        2010''.

SEC. 202. IMPROVING ACCESS TO CAPITAL FOR INDIAN TRIBES.

    Section 201 of the Indian Financing Act of 1974 (25 U.S.C. 1481) is 
amended by adding at the end the following:
    ``(c) Improving Access to Capital for Indian Tribes.--The Secretary 
shall consider more favorable equity terms or allow an increase in loan 
guarantees from 90 percent up to 95 percent of the unpaid principal and 
interest due on any loan made under this section for energy development 
or manufacturing carried out on Indian land or within a tribal service 
area recognized by the Bureau of Indian Affairs.''.

       TITLE III--INDIAN ENERGY DEVELOPMENT AND ENERGY EFFICIENCY

SEC. 301. LEASES ON INDIAN LAND.

    (a) Act of March 3, 1909.--The twelfth undesignated paragraph under 
the heading ``Commissioner'' of title I of the Act of March 3, 1909 (25 
U.S.C. 396), is amended--
            (1) by striking ``That all lands'' and inserting the 
        following:
    ``(a) Leases.--All land''; and
            (2) by adding at the end the following:
    ``(b) Access.--
            ``(1) In general.--To carry out this section, reasonable 
        and necessary access over allotted land may be granted in 
        accordance with paragraph (2).
            ``(2) Inclusion of necessary and reasonable access in 
        leases.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, a lease described in subsection (a) 
                may include provisions regarding access to the land or 
                minerals that are reasonable and necessary for mining 
                purposes on the leased land.
                    ``(B) Compensation.--If provisions regarding 
                necessary and reasonable access are included in a lease 
                under subparagraph (A), compensation for the provisions 
                shall be included in the lease.
                    ``(C) Nonapplicability.--Any access provision in a 
                lease described in subsection (a) shall not--
                            ``(i) be considered a right-of-way; or
                            ``(ii) invoke any Federal law, regulation, 
                        or standard relating to rights-of-way, 
                        including provisions in the Act of February 5, 
                        1948 (25 U.S.C. 323 et seq.).''.
    (b) Indian Mineral Leasing Act of 1938.--The first section of the 
Act of May 11, 1938 (25 U.S.C. 396a) (commonly known as the ``Indian 
Mineral Leasing Act of 1938''), is amended--
            (1) by striking ``That hereafter unallotted lands within'' 
        and inserting the following:
    ``(a) Leases.--Effective beginning on May 11, 1938, the unallotted 
land within''; and
            (2) by adding at the end the following:
    ``(b) Access.--
            ``(1) In general.--To carry out this Act, reasonable and 
        necessary access over the land described in subsection (a) may 
        be granted in accordance with paragraph (2).
            ``(2) Inclusion of necessary and reasonable access in 
        leases.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, a lease described in subsection (a) 
                may include provisions regarding access to the land or 
                minerals that are necessary and reasonable for mining 
                purposes on the leased land.
                    ``(B) Compensation.--If provisions regarding 
                necessary and reasonable access are included in a lease 
                under subparagraph (A), compensation for the provisions 
                regarding access shall be included in the lease.
                    ``(C) Nonapplicability.--Any access provision in a 
                lease described in subsection (a) shall not--
                            ``(i) be considered a right-of-way; or
                            ``(ii) invoke any Federal law, regulation, 
                        or standard relating to rights-of-way, 
                        including provisions in the Act of February 5, 
                        1948 (25 U.S.C. 323 et seq.).''.
    (c) Long-Term Leasing Act.--Subsection (a) of the first section of 
the Act of August 9, 1955 (25 U.S.C. 415(a)) (commonly known as the 
``Long-Term Leasing Act''), is amended--
            (1) by striking the subsection designation and all that 
        follows through ``Any restricted'' and inserting the following:
    ``(a) Authorized Purposes; Term; Approval by Secretary.--
            ``(1) Authorized purposes.--Any restricted'';
            (2) by striking the second sentence and inserting the 
        following:
            ``(2) Term.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term of a lease granted under 
                paragraph (1) shall be--
                            ``(i) for a lease of tribally owned 
                        restricted Indian land, not more than 99 years; 
                        and
                            ``(ii) for a lease of individually owned 
                        restricted Indian land, not more than 25 years.
                    ``(B) Exceptions.--
                            ``(i) In general.--The term of a lease of 
                        tribally owned or individually owned restricted 
                        Indian land under paragraph (1) for grazing 
                        purposes shall not exceed 10 years.
                            ``(ii) Land held in trust for the morongo 
                        band of mission indians.--The term of a lease 
                        of land held in trust for the Morongo Band of 
                        Mission Indians shall not exceed 50 years.
                            ``(iii) Renewals.--A lease of individually 
                        owned restricted land may be renewed for a term 
                        not to exceed 25 years, with the consent of 
                        both parties to the lease.'';
            (3) in the third sentence, by striking ``Leases for 
        public'' and all that follows through ``twenty-five years, and 
        all'' and inserting the following:
            ``(3) Approval by secretary.--
                    ``(A) In general.--All''; and
            (4) in the fourth sentence, by striking ``Prior to approval 
        of'' and inserting the following:
                    ``(B) Requirements for approval.--Before 
                approving''.
    (d) Approval of, and Regulations Related to, Tribal Leases.--The 
first section of the Act titled ``An Act to authorize the leasing of 
restricted Indian lands for public, religious, educational, 
recreational, residential, business, and other purposes requiring the 
grant of long-term leases'', approved August 9, 1955 (25 U.S.C. 415), 
is amended as follows:
            (1) In subsection (d)--
                    (A) in paragraph (4), by striking ``the Navajo 
                Nation'' and inserting ``an applicable Indian tribe'';
                    (B) in paragraph (6), by striking ``the Navajo 
                Nation'' and inserting ``an Indian tribe'';
                    (C) in paragraph (7), by striking ``and'' after the 
                semicolon at the end;
                    (D) in paragraph (8)--
                            (i) by striking ``the Navajo Nation'';
                            (ii) by striking ``with Navajo Nation law'' 
                        and inserting ``with applicable tribal law''; 
                        and
                            (iii) by striking the period at the end and 
                        inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(9) the term `Indian tribe' has the meaning given such 
        term in section 102 of the Federally Recognized Indian Tribe 
        List Act of 1994 (25 U.S.C. 479a); and
            ``(10) the term `individually owned allotted land' means a 
        parcel of land that--
                    ``(A)(i) is located within the jurisdiction of an 
                Indian tribe; or
                    ``(ii) is held in trust or restricted status by the 
                United States for the benefit of an Indian tribe or a 
                member of an Indian tribe; and
                    ``(B) is allotted to a member of an Indian 
                tribe.''.
            (2) By adding at the end the following:
    ``(h) Tribal Approval of Leases.--
            ``(1) In general.--At the discretion of any Indian tribe, 
        any lease by the Indian tribe for the purposes authorized under 
        subsection (a) (including any amendments to subsection (a)), 
        except a lease for the exploration, development, or extraction 
        of any mineral resources, shall not require the approval of the 
        Secretary, if the lease is executed under the tribal 
        regulations approved by the Secretary under this subsection and 
        the term of the lease does not exceed--
                    ``(A) in the case of a business or agricultural 
                lease, 25 years, except that any such lease may include 
                an option to renew for up to 2 additional terms, each 
                of which may not exceed 25 years; and
                    ``(B) in the case of a lease for public, religious, 
                educational, recreational, or residential purposes, 75 
                years, if such a term is provided for by the 
                regulations issued by the Indian tribe.
            ``(2) Allotted land.--Paragraph (1) shall not apply to any 
        lease of individually owned Indian allotted land.
            ``(3) Authority of secretary over tribal regulations.--
                    ``(A) In general.--The Secretary shall have the 
                authority to approve or disapprove any tribal 
                regulations issued in accordance with paragraph (1).
                    ``(B) Considerations for approval.--The Secretary 
                shall approve any tribal regulation issued in 
                accordance with paragraph (1), if the tribal 
                regulations--
                            ``(i) are consistent with any regulations 
                        issued by the Secretary under subsection (a) 
                        (including any amendments to the subsection or 
                        regulations); and
                            ``(ii) provide for an environmental review 
                        process that includes--
                                    ``(I) the identification and 
                                evaluation of any significant effects 
                                of the proposed action on the 
                                environment; and
                                    ``(II) a process for ensuring 
                                that--
                                            ``(aa) the public is 
                                        informed of, and has a 
                                        reasonable opportunity to 
                                        comment on, any significant 
                                        environmental impacts of the 
                                        proposed action identified by 
                                        the Indian tribe; and
                                            ``(bb) the Indian tribe 
                                        provides responses to relevant 
                                        and substantive public comments 
                                        on any such impacts before the 
                                        Indian tribe approves the 
                                        lease.
            ``(4) Review process.--
                    ``(A) In general.--Not later than 120 days after 
                the date on which the tribal regulations described in 
                paragraph (1) are submitted to the Secretary, the 
                Secretary shall review and approve or disapprove the 
                regulations.
                    ``(B) Written documentation.--If the Secretary 
                disapproves the tribal regulations described in 
                paragraph (1), the Secretary shall include written 
                documentation with the disapproval notification that 
                describes the basis for the disapproval.
                    ``(C) Extension.--The deadline described in 
                subparagraph (A) may be extended by the Secretary, 
                after consultation with the Indian tribe.
            ``(5) Federal environmental review.--Notwithstanding 
        paragraphs (3) and (4), if an Indian tribe carries out a 
        project or activity funded by a Federal agency, the Indian 
        tribe shall have the authority to rely on the environmental 
        review process of the applicable Federal agency rather than any 
        tribal environmental review process under this subsection.
            ``(6) Documentation.--If an Indian tribe executes a lease 
        pursuant to tribal regulations under paragraph (1), the Indian 
        tribe shall provide the Secretary with--
                    ``(A) a copy of the lease, including any amendments 
                or renewals to the lease; and
                    ``(B) in the case of tribal regulations or a lease 
                that allows for lease payments to be made directly to 
                the Indian tribe, documentation of the lease payments 
                that are sufficient to enable the Secretary to 
                discharge the trust responsibility of the United States 
                under paragraph (7).
            ``(7) Trust responsibility.--
                    ``(A) In general.--The United States shall not be 
                liable for losses sustained by any party to a lease 
                executed pursuant to tribal regulations under paragraph 
                (1).
                    ``(B) Authority of secretary.--Pursuant to the 
                authority of the Secretary to fulfill the trust 
                obligation of the United States to the applicable 
                Indian tribe under Federal law (including regulations), 
                the Secretary may, upon reasonable notice from the 
                applicable Indian tribe and at the discretion of the 
                Secretary, enforce the provisions of, or cancel, any 
                lease executed by the Indian tribe under paragraph (1).
            ``(8) Compliance.--
                    ``(A) In general.--An interested party, after 
                exhausting of any applicable tribal remedies, may 
                submit a petition to the Secretary, at such time and in 
                such form as the Secretary determines to be 
                appropriate, to review the compliance of the applicable 
                Indian tribe with any tribal regulations approved by 
                the Secretary under this subsection.
                    ``(B) Violations.--If, after carrying out a review 
                under subparagraph (A), the Secretary determines that 
                the tribal regulations were violated, the Secretary may 
                take any action the Secretary determines to be 
                necessary to remedy the violation, including rescinding 
                the approval of the tribal regulations and reassuming 
                responsibility for the approval of leases of tribal 
                trust lands.
                    ``(C) Documentation.--If the Secretary determines 
                that a violation of the tribal regulations has occurred 
                and a remedy is necessary, the Secretary shall--
                            ``(i) make a written determination with 
                        respect to the regulations that have been 
                        violated;
                            ``(ii) provide the applicable Indian tribe 
                        with a written notice of the alleged violation 
                        together with such written determination; and
                            ``(iii) prior to the exercise of any 
                        remedy, the rescission of the approval of the 
                        regulation involved, or the reassumption of 
                        lease approval responsibilities, provide the 
                        applicable Indian tribe with--
                                    ``(I) a hearing that is on the 
                                record; and
                                    ``(II) a reasonable opportunity to 
                                cure the alleged violation.
            ``(9) Savings clause.--Nothing in this subsection shall 
        affect subsection (e) or any tribal regulations issued under 
        that subsection.''.
    (e) Land Title Reports.--Not later than 180 days after funds are 
made available for this section, the Bureau of Indian Affairs shall 
prepare and submit to the Committees on Financial Services and Natural 
Resources in the House of Representatives and the Committees on 
Banking, Housing, and Urban Affairs and Indian Affairs in the Senate a 
report regarding the history and experience of Indian tribes that have 
chosen to assume responsibility for operating the Indian Land Title and 
Records Office (hereafter referred to as the ``LTRO'') functions from 
the Bureau of Indian Affairs. In conducting the review, the Bureau of 
Indian Affairs shall consult with the Department of Housing and Urban 
Development Office of Native American Programs and those Indian tribes 
that are managing LTRO functions (hereafter referred to as the 
``managing Indian tribes''). The review shall include an analysis of 
the following factors:
            (1) Whether and how tribal management of the LTRO functions 
        has expedited the processing and issuance of Indian land title 
        certifications as compared to when the Bureau of Indian Affairs 
        managed these programs.
            (2) Whether and how tribal management of the LTRO functions 
        has increased home ownership among the managing Indian tribe's 
        population.
            (3) What internal preparations and processes were required 
        of the managing Indian tribes prior to assuming management of 
        the LTRO functions.
            (4) Whether tribal management of the LTRO functions 
        resulting in a transfer of financial resources and manpower 
        from the Bureau of Indian Affairs to the managing Indian tribes 
        and, if so, what transfers were undertaken.
            (5) Whether, in appropriate circumstances and with the 
        approval of geographically proximate Indian tribes, the LTRO 
        functions may be performed by a single Indian tribe or a tribal 
        consortium in a cost effective manner.
    (f) Indian Reorganization Act.--Section 17 of the Act of June 18, 
1934 (25 U.S.C. 477) (commonly known as the ``Indian Reorganization 
Act'') is amended in the second sentence by striking ``twenty-five'' 
and inserting ``99''.

SEC. 302. OIL AND GAS FEES ON INDIAN LAND.

    (a) In General.--The second undesignated paragraph of the matter 
under the heading ``management of lands and resources (including 
rescission of funds)'' under the heading ``Bureau of Land Management'' 
of title I of division A of the Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2010 (Public Law 
111-88), is amended by striking ``, and in addition'' and inserting ``, 
subject to the condition that no such fee may be collected by the 
Bureau for any application for a permit to drill on Indian land (as 
defined in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 
3501)); and in addition''.
    (b) Restriction.--Notwithstanding any other provision of law, the 
Secretary shall not collect a fee for an application for a permit to 
drill on Indian land.
    (c) Oil and Gas Inspection Fees.--Notwithstanding any other 
provision of law, the Secretary shall not collect any fee to conduct 
any oil or gas inspection activity on Indian land.
    (d) Nonproducing Acreage Fees.--Notwithstanding any other provision 
of law, the Secretary shall not collect any fee on any oil or gas lease 
for nonproducing acreage on Indian land.

SEC. 303. INDIAN DISTRIBUTED ENERGY AND COMMUNITY TRANSMISSION 
              DEMONSTRATION PROJECTS.

    (a) Definition of Indian Area.--In this section, the term ``Indian 
area'' has the meaning given the term in section 4 of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4103).
    (b) Energy Demonstration Projects.--The Secretary of Energy shall 
conduct not less than 10 distributed energy demonstration projects to 
increase the energy resources available to Indian tribes for use in 
homes and community or government buildings.
    (c) Priority.--In carrying out this section, the Secretary of 
Energy shall give priority to projects in Indian areas that--
            (1) reduce or stabilize energy costs;
            (2) benefit populations living in poverty;
            (3) provide a new generation facility or distribution or 
        replacement system;
            (4) have populations whose energy needs could be completely 
        or substantially served by projects under this section; or
            (5) transmit electricity or heat to homes and buildings 
        that previously were not served or were underserved.
    (d) Eligible Projects.--A project under this section may include a 
project for--
            (1) distributed generation, local or community 
        distribution, or both;
            (2) biomass combined heat and power systems;
            (3) municipal solid waste generation;
            (4) instream hydrokinetic energy;
            (5) micro-hydroelectric projects;
            (6) wind-diesel hybrid high-penetration systems;
            (7) energy storage and smart grid technology improvements;
            (8) underground coal gasification systems;
            (9) solar thermal, distributed solar, geothermal, or wind 
        generation; or
            (10) any other project that meets the goals of this 
        section.
    (e) Incorporation Into Existing Infrastructure.--As necessary, the 
Director shall encourage local utilities and local governments to 
incorporate demonstration projects into existing transmission and 
distribution infrastructure.
    (f) Exemptions.--
            (1) In general.--A project carried out under this section 
        shall be exempt from all cost-sharing requirements of section 
        988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
            (2) Applications.--An application submitted to carry out a 
        project under this section shall not be subject--
                    (A) to any maximum generation requirements; or
                    (B) to any requirements for maximizing benefits in 
                relation to the population served.
    (g) Reports.--Not later than 2 years after the date on which funds 
are made available for a project under this section, and annually 
thereafter, the Secretary shall submit to Congress a report 
describing--
            (1) the activities carried out under the project, including 
        an evaluation of the activity; and
            (2) the number of applications received and funded under 
        this section.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000, to remain available 
until expended.

SEC. 304. INDIAN ENERGY EFFICIENCY.

    Part D of title III of the Energy Policy and Conservation Act (42 
U.S.C. 6321 et seq.) is amended by adding at the end the following:

``SEC. 367. INDIAN ENERGY EFFICIENCY PROGRAM.

    ``(a) Definition of Indian Tribe.--In this section, 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).
    ``(b) Purpose.--The purpose of the grants provided under subsection 
(d) shall be to assist Indian tribes in implementing strategies--
            ``(1) to reduce fossil fuel emissions created as a result 
        of activities within the jurisdictions of eligible entities in 
        a manner that--
                    ``(A) is environmentally sustainable; and
                    ``(B) to the maximum extent practicable, maximizes 
                benefits for Indian tribes and tribal members;
            ``(2) to increase the energy efficiency of Indian tribes 
        and tribal members; and
            ``(3) to improve energy efficiency in--
                    ``(A) the transportation sector;
                    ``(B) the building sector; and
                    ``(C) other appropriate sectors.
    ``(c) Tribal Allocation.--Of the amount of funds authorized to be 
appropriated for each fiscal year under section 365(f) to carry out 
this part, the Secretary shall allocate not less than 5 percent of the 
funds for each fiscal year to be distributed to Indian tribes in 
accordance with subsection (d).
    ``(d) Grants.--Of the amounts available for distribution under 
subsection (c), the Secretary shall establish a competitive process for 
providing grants under this section that gives priority to projects 
that--
            ``(1) increase energy efficiency and energy conservation 
        rather than new energy generation projects;
            ``(2) integrate cost-effective renewable energy with energy 
        efficiency;
            ``(3) move beyond the planning stage and are ready for 
        implementation;
            ``(4) clearly articulate and demonstrate the ability to 
        achieve measurable goals;
            ``(5) have the potential to make an impact in the 
        government buildings, infrastructure, communities, and land of 
        an Indian tribe; and
            ``(6) maximize the creation or retention of jobs on Indian 
        land.
    ``(e) Use of Funds.--An Indian tribe may use a grant received under 
this section to carry out activities to achieve the purposes described 
in subsection (b), including--
            ``(1) the development and implementation of energy 
        efficiency and conservation strategies;
            ``(2) the retention of technical consultant services to 
        assist the Indian tribe in the development of an energy 
        efficiency and conservation strategy, including--
                    ``(A) the formulation of energy efficiency, energy 
                conservation, and energy usage goals;
                    ``(B) the identification of strategies to achieve 
                the goals--
                            ``(i) through efforts to increase energy 
                        efficiency and reduce energy consumption; and
                            ``(ii) by encouraging behavioral changes 
                        among the population served by the Indian 
                        tribe;
                    ``(C) the development of methods to measure 
                progress in achieving the goals;
                    ``(D) the development and publication of annual 
                reports to the population served by the eligible entity 
                describing--
                            ``(i) the strategies and goals; and
                            ``(ii) the progress made in achieving the 
                        strategies and goals during the preceding 
                        calendar year; and
                    ``(E) other services to assist in the 
                implementation of the energy efficiency and 
                conservation strategy;
            ``(3) the implementation of residential and commercial 
        building energy audits;
            ``(4) the establishment of financial incentive programs for 
        energy efficiency improvements;
            ``(5) the provision of grants for the purpose of performing 
        energy efficiency retrofits;
            ``(6) the development and implementation of energy 
        efficiency and conservation programs for buildings and 
        facilities within the jurisdiction of the Indian tribe, 
        including--
                    ``(A) the design and operation of the programs;
                    ``(B) the identification of the most effective 
                methods of achieving maximum participation and 
                efficiency rates;
                    ``(C) the education of the members of an Indian 
                tribe;
                    ``(D) the measurement and verification protocols of 
                the programs; and
                    ``(E) the identification of energy efficient 
                technologies;
            ``(7) the development and implementation of programs to 
        conserve energy used in transportation, including--
                    ``(A) the use of--
                            ``(i) flextime by employers; or
                            ``(ii) satellite work centers;
                    ``(B) the development and promotion of zoning 
                guidelines or requirements that promote energy-
                efficient development;
                    ``(C) the development of infrastructure, including 
                bike lanes, pathways, and pedestrian walkways;
                    ``(D) the synchronization of traffic signals; and
                    ``(E) other measures that increase energy 
                efficiency and decrease energy consumption;
            ``(8) the development and implementation of building codes 
        and inspection services to promote building energy efficiency;
            ``(9) the application and implementation of energy 
        distribution technologies that significantly increase energy 
        efficiency, including--
                    ``(A) distributed resources; and
                    ``(B) district heating and cooling systems;
            ``(10) the implementation of activities to increase 
        participation and efficiency rates for material conservation 
        programs, including source reduction, recycling, and recycled 
        content procurement programs that lead to increases in energy 
        efficiency;
            ``(11) the purchase and implementation of technologies to 
        reduce, capture, and, to the maximum extent practicable, use 
        methane and other greenhouse gases generated by landfills or 
        similar sources;
            ``(12) the replacement of traffic signals and street 
        lighting with energy-efficient lighting technologies, 
        including--
                    ``(A) light-emitting diodes; and
                    ``(B) any other technology of equal or greater 
                energy efficiency;
            ``(13) the development, implementation, and installation on 
        or in any government building of the Indian tribe of onsite 
        renewable energy technology that generates electricity from 
        renewable resources, including--
                    ``(A) solar energy;
                    ``(B) wind energy;
                    ``(C) fuel cells; and
                    ``(D) biomass; and
            ``(14) any other appropriate activity, as determined by the 
        Secretary, in consultation with--
                    ``(A) the Secretary of the Interior;
                    ``(B) the Administrator of the Environmental 
                Protection Agency;
                    ``(C) the Secretary of Transportation;
                    ``(D) the Secretary of Housing and Urban 
                Development; and
                    ``(E) Indian tribes.
    ``(f) Grant Applications.--
            ``(1) In general.--
                    ``(A) Application.--To apply for a grant under this 
                section, an Indian tribe shall submit to the Secretary 
                a proposed energy efficiency and conservation strategy 
                in accordance with this paragraph.
                    ``(B) Contents.--A proposed strategy described in 
                subparagraph (A) shall include a description of--
                            ``(i) the goals of the Indian tribe for 
                        increased energy efficiency and conservation in 
                        the jurisdiction of the Indian tribe; and
                            ``(ii) the manner in which--
                                    ``(I) the proposed strategy 
                                complies with the restrictions 
                                described in subsection (e); and
                                    ``(II) a grant will allow the 
                                Indian tribe fulfill the goals of the 
                                proposed strategy.
            ``(2) Approval.--
                    ``(A) In general.--The Secretary shall approve or 
                disapprove a proposed strategy under paragraph (1) by 
                not later than 120 days after the date of submission of 
                the proposed strategy.
                    ``(B) Disapproval.--If the Secretary disapproves a 
                proposed strategy under paragraph (1)--
                            ``(i) the Secretary shall provide to the 
                        Indian tribe the reasons for the disapproval; 
                        and
                            ``(ii) the Indian tribe may revise and 
                        resubmit the proposed strategy as many times as 
                        necessary, until the Secretary approves a 
                        proposed strategy.
                    ``(C) Requirement.--The Secretary shall not provide 
                to an Indian tribe a grant under this section until a 
                proposed strategy is approved by the Secretary.
            ``(3) Limitations on use of funds.--Of the amounts provided 
        to an Indian tribe under this section, an Indian tribe may use 
        for administrative expenses, excluding the cost of the 
        reporting requirements of this section, an amount equal to the 
        greater of--
                    ``(A) 10 percent of the administrative expenses; or
                    ``(B) $75,000.
            ``(4) Annual report.--Not later than 2 years after the date 
        on which funds are initially provided to an Indian tribe under 
        this section, and annually thereafter, the Indian tribe shall 
        submit to the Secretary a report describing--
                    ``(A) the status of development and implementation 
                of the energy efficiency and conservation strategy; and
                    ``(B) to the maximum extent practicable, an 
                assessment of energy efficiency gains within the 
                jurisdiction of the Indian tribe.''.

SEC. 305. WEATHERIZATION ASSISTANCE FOR INDIAN TRIBES.

    Section 413 of the Energy Conservation and Production Act (42 
U.S.C. 6863) is amended by striking subsection (d) and inserting the 
following:
    ``(d) Direct Grants to Indian Tribes for Weatherization of Indian 
Homes.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Indian area.--The term `Indian area' has the 
                meaning given the term in section 4 of the Native 
                American Housing Assistance and Self-Determination Act 
                of 1996 (25 U.S.C. 4103).
                    ``(B) 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).
            ``(2) In general.--Of the amounts made available for each 
        fiscal year to carry out the Weatherization Assistance Program 
        for Low-Income Persons established under part A of title IV, 
        the Secretary shall allocate for Indian tribes not less than 10 
        percent.
            ``(3) Regulations.--
                    ``(A) Proposed regulations.--Not later than 90 days 
                after the date of enactment of the Indian Energy Parity 
                Act of 2010, the Secretary, after consulting with the 
                Secretary of the Interior, the Secretary of Housing and 
                Urban Development, the Secretary of Health and Human 
                Services, the Secretary of Labor, Indian tribes, and 
                intertribal organizations, shall publish in the Federal 
                Register proposed regulations to carry out this 
                subsection.
                    ``(B) Final regulations.--
                            ``(i) In general.--Not later than 120 days 
                        from the date of enactment of the Indian Energy 
                        Parity Act of 2010, the Secretary shall 
                        promulgate final regulations to carry out this 
                        subsection, taking into consideration the 
                        comments submitted in response to the 
                        publication of the proposed regulations 
                        described in subparagraph (A).
                            ``(ii) Criteria.--Final regulations 
                        promulgated by the Secretary to carry out this 
                        subsection shall--
                                    ``(I) provide a formula or process 
                                for ensuring that weatherization 
                                funding is available for any Indian 
                                tribe that submits a qualifying 
                                weatherization funding application 
                                under paragraph (4)(C);
                                    ``(II) promote efficiency in 
                                carrying out this subsection by the 
                                Secretary and Indian tribes; and
                                    ``(III) consider--
                                            ``(aa) the limited 
                                        resources of Indian tribes to 
                                        carry out this subsection;
                                            ``(bb) the unique 
                                        characteristics of housing in 
                                        Indian areas; and
                                            ``(cc) the remoteness of 
                                        Indian areas.
            ``(4) Allocation of funding.--
                    ``(A) In general.--The Secretary shall provide 
                financial assistance to an Indian tribe from the 
                amounts provided under paragraph (2), if the Indian 
                tribe submits to the Secretary a weatherization funding 
                application.
                    ``(B) Contents.--A weatherization funding 
                application described in subparagraph (A) shall--
                            ``(i) describe--
                                    ``(I) the estimated number and 
                                characteristics of the persons and 
                                dwelling units to be provided 
                                weatherization assistance; and
                                    ``(II) the criteria and methods to 
                                be used by the Indian tribe in 
                                providing the weatherization 
                                assistance; and
                            ``(ii) contain any other information 
                        (including information needed for evaluation 
                        purposes) and assurances that are required 
                        under regulations promulgated by the Secretary 
                        to carry out this section.
                    ``(C) Qualifying weatherization funding.--A 
                weatherization funding application that meets the 
                criteria under subparagraph (B) shall be considered a 
                qualifying weatherization funding application.
                    ``(D) Initial distribution of funding.--The 
                Secretary shall distribute funding under this 
                subsection to Indian tribes that submit qualifying 
                weatherization funding applications--
                            ``(i) on the basis of the relative need for 
                        weatherization assistance; and
                            ``(ii) taking into account--
                                    ``(I) the number of dwelling units 
                                to be weatherized;
                                    ``(II) the climatic conditions 
                                respecting energy conservation, 
                                including a consideration of annual 
                                degree days;
                                    ``(III) the type of weatherization 
                                work to be done;
                                    ``(IV) any data provided in the 
                                most recent version of the Bureau of 
                                Indian Affairs American Indian 
                                Population and Labor Force Report 
                                prepared pursuant to Public Law 102-477 
                                (106 Stat. 2302), or if not available, 
                                any similar publication; and
                                    ``(V) any other factors that the 
                                Secretary determines to be necessary, 
                                including the cost of heating and 
                                cooling, in order to carry out this 
                                section.
                    ``(E) Competitive grants.--For each fiscal year, if 
                any amounts remain available after the initial 
                distribution of funding described in subparagraph (D), 
                the Secretary shall solicit applications for grants 
                from Indian tribes--
                            ``(i) to carry out weatherization projects 
                        and weatherization training;
                            ``(ii) to supply weatherization equipment; 
                        and
                            ``(iii) to develop tribal governing 
                        capacity to carry out a weatherization program 
                        consistent with this subsection.
                    ``(F) Remaining funding.--For each fiscal year, if 
                any amounts remain available after distribution under 
                subparagraphs (D) and (E), the amounts shall remain 
                available to fulfill the purpose of this subsection in 
                subsequent fiscal years.
                    ``(G) Renewal of qualifying weatherization funding 
                applications.--
                            ``(i) In general.--To achieve maximum 
                        efficiency in the allocation of funding, an 
                        Indian tribe that submits a qualifying 
                        weatherization funding application may request 
                        that the weatherization funding application of 
                        the Indian tribe be renewed in subsequent 
                        fiscal years.
                            ``(ii) Contents.--A request to renew a 
                        qualifying weatherization funding application 
                        shall contain such information as the Secretary 
                        determines to be necessary to achieve 
                        efficiency in the allocation of funding under 
                        this subsection.
            ``(5) Use of funds.--
                    ``(A) In general.--An Indian tribe shall use funds 
                provided under paragraph (4) to carry out 
                weatherization and energy conservation activities that 
                benefit the members of an Indian tribe in Indian areas.
                    ``(B) Eligible activities.--The weatherization and 
                energy conservation activities described in 
                subparagraph (A) include--
                            ``(i) the provision of existing services 
                        under this section;
                            ``(ii) the acquisition and installation of 
                        energy-efficient windows and doors and heating 
                        and cooling equipment; or
                            ``(iii) the repair, replacement, or 
                        insulation of floors, walls, roofs, and 
                        ceilings.
                    ``(C) Applicability of requirements.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, the use of funds under 
                        this paragraph by an Indian tribe shall be 
                        subject only to--
                                    ``(I) the requirements of this 
                                subsection; and
                                    ``(II) implementing regulations of 
                                the Department of Energy.
                            ``(ii) Other requirements of act.--In 
                        accordance with the government-to-government 
                        and trust relationships between the United 
                        States and Indian tribes, the income, energy 
                        audit, grant limitation, and other 
                        administrative and eligibility requirements of 
                        this Act shall not apply to the use of funds 
                        under this paragraph by an Indian tribe.
            ``(6) Report.--Not later than 90 days after the closing 
        date of each applicable project year, each Indian tribe that 
        receives funds under this subsection shall submit to the 
        Secretary a simple outcome report that describes, for that 
        project year--
                    ``(A) each activity carried out by the Indian tribe 
                under this subsection, including the amounts used for 
                each such activity;
                    ``(B) the number of Indian households benefitted by 
                the activities of the Indian tribe under this 
                subsection; and
                    ``(C) the estimated savings in energy costs 
                realized in the communities served by the Indian tribe.
            ``(7) Training and technical assistance.--The Secretary 
        shall carry out technical assistance and training activities 
        relating to weatherization under this subsection, including--
                    ``(A) orientation sessions for Indian tribes;
                    ``(B) workshops on planning, operations, and 
                procedures for Indian tribes to use the funding 
                provided under this subsection;
                    ``(C) training relating to carrying out 
                weatherization projects; and
                    ``(D) the development and dissemination of training 
                and technical assistance materials in printed form and 
                over the Internet.''.

SEC. 306. TRIBAL BIOMASS DEMONSTRATION PROJECT ACT OF 2010.

    The Tribal Forest Protection Act of 2004 (Public Law 108-278; 118 
Stat. 868) is amended--
            (1) in section 2(a), by striking ``In this section'' and 
        inserting ``In this Act''; and
            (2) by adding at the end the following:

``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    ``(a) In General.--For each of fiscal years 2012 through 2016, the 
Secretary shall enter into contracts or other agreements with Indian 
tribes to carry out demonstration projects to promote biomass energy 
production (including biofuel, heat, and electricity generation) on 
Indian forest land and in nearby communities by providing reliable 
supplies of woody biomass from Federal land.
    ``(b) Demonstration Projects.--In each fiscal year for which 
amounts are authorized, the Secretary shall enter into contracts or 
other agreements described in subsection (a) to carry out at least 4 
new demonstration projects that meet the eligibility criteria described 
in subsection (c).
    ``(c) Eligibility Criteria.--To be eligible to enter into a 
contract or other agreement under this subsection, an Indian tribe 
shall submit to the Secretary an application--
            ``(1) containing such information as the Secretary may 
        require; and
            ``(2) that includes a description of--
                    ``(A) the Indian forest land or rangeland under the 
                jurisdiction of the Indian tribe; and
                    ``(B) the demonstration project proposed to be 
                carried out by the Indian tribe.
    ``(d) Selection.--In evaluating the applications submitted under 
subsection (c), the Secretary shall take into consideration--
            ``(1) the factors set forth in paragraphs (1) and (2) of 
        section 2(e); and
            ``(2) whether a proposed demonstration project would--
                    ``(A) increase the availability or reliability of 
                local or regional energy;
                    ``(B) enhance the economic development of the 
                Indian tribe;
                    ``(C) improve the connection of electric power 
                transmission facilities serving the Indian tribe with 
                other electric transmission facilities;
                    ``(D) improve the forest health of Federal land or 
                Indian forest land or rangeland; or
                    ``(E) otherwise promote the use of woody biomass.
    ``(e) Implementation.--The Secretary shall--
            ``(1) 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) 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.
    ``(f) Report.--Not later than September 20, 2015, the Secretary 
shall submit to Congress a report that describes, with respect to the 
reporting period--
            ``(1) each individual tribal application received under 
        this section; and
            ``(2) each contract and agreement entered into pursuant to 
        this section.
    ``(g) Incorporation of Management Plans.--In carrying out a 
contract or agreement under this section, on receipt of a request from 
an Indian tribe, the Secretary shall incorporate, to the maximum extent 
practicable, management plans (including forest management and 
integrated resource management plans) in effect on the Indian forest 
land or rangeland of the respective Indian tribe.
    ``(h) Term.--A contract or agreement entered into under this 
section--
            ``(1) shall be for a term of not more than 20 years; and
            ``(2) may be renewed in accordance with this section for 
        not more than an additional 10 years.''.

SEC. 307. TRIBAL ENERGY RESOURCE AGREEMENTS.

    Section 2604 of the Energy Policy Act of 1992 (25 U.S.C. 3504) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B)--
                            (i) in clause (i)--
                                    (I) by inserting ``production,'' 
                                after ``electric''; and
                                    (II) by inserting ``(including a 
                                facility that produces electricity from 
                                renewable energy resources)'' after 
                                ``facility''; and
                            (ii) in clause (ii), by inserting ``, at 
                        least a portion of which have been'' after 
                        ``energy resources''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) a lease or business agreement described in paragraph 
        (1) shall not require review by or the approval of the 
        Secretary under section 2103 of the Revised Statutes (25 U.S.C. 
        81), or any other provision of law, if--
                    ``(A) the lease or business agreement--
                            ``(i) was executed in accordance with the 
                        requirements of a tribal energy resource 
                        agreement that was approved by the Secretary 
                        pursuant to subsection (e) (including the 
                        periodic review and evaluation of the 
                        activities of the Indian tribe under the 
                        agreement, to be conducted pursuant to 
                        subparagraphs (D) and (E) of subsection 
                        (e)(2)); and
                            ``(ii) has a term that does not exceed--
                                    ``(I) 30 years; or
                                    ``(II) in the case of a lease for 
                                the production of oil or gas resources, 
                                or both, the sum of 10 years and the 
                                period of time thereafter during which 
                                oil or gas is produced in paying 
                                quantities; or
                    ``(B)(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. 450 et seq.) and, for a period of not less than 
                3 years ending on the date on which the Indian tribe 
                requests a certification pursuant to subsection (h), 
                the contract or compact--
                            ``(I) has been carried out the Indian tribe 
                        without material audit exceptions (or without 
                        any such exceptions that were not corrected 
                        within the 3-year period); and
                            ``(II) has included programs or activities 
                        relating to the management of tribal land; and
                    ``(ii) the other party to the lease or business 
                agreement is, and continues to be throughout the full 
                term or renewal term (if any) of the lease or business 
                agreement, a tribal energy development organization 
                that is majority owned and controlled by the Indian 
                tribe.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Rights-of-Way.--An Indian tribe may grant a right-of-way over 
tribal land without review or approval by the Secretary if--
            ``(1) the right-of-way serves--
                    ``(A) an electric production, generation, 
                transmission, or distribution facility (including a 
                facility that produces electricity from renewable 
                energy resources) located on tribal land;
                    ``(B) a facility located on tribal land that 
                extracts, produces, processes, or refines energy 
                resources; or
                    ``(C) the purposes, or assists in carrying out the 
                purposes, of any lease or business agreement; and
            ``(2)(A)(i) the right-of-way was executed in accordance 
        with the requirements of a tribal energy resource agreement 
        that was approved by the Secretary pursuant to subsection (e) 
        (including the periodic review and evaluation of the activities 
        of the Indian tribe under the agreement, to be conducted 
        pursuant to subparagraphs (D) and (E) of subsection (e)(2)); 
        and
                    ``(ii) has a term that does not exceed 30 years; or
                    ``(B)(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. 458aa et seq.) and, for a period of not less 
                than 3 years ending on the date on which the Indian 
                tribe requests a certification pursuant to subsection 
                (h), the contract or compact--
                            ``(I) has been carried out by the Indian 
                        tribe without material audit exceptions (or 
                        without any such exceptions that were not 
                        corrected within the 3-year period); and
                            ``(II) has included programs or activities 
                        relating to the management of tribal land; and
                    ``(ii) the grantee of the right-of-way is, and 
                continues to be throughout the full term or renewal 
                term (if any) of the right-of-way, a tribal energy 
                development organization that is majority owned and 
                controlled by the Indian tribe.'';
            (3) by striking subsection (d) and inserting the following:
    ``(d) Validity.--No lease or business agreement entered into, or 
right-of-way granted, pursuant to this section shall be valid unless 
the lease, business agreement, or right-of-way is authorized by 
subsection (a) or (b).'';
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking ``(1) On the 
                date'' and inserting the following:
            ``(1) In general.--On the date'';
                    (B) in paragraph (2)--
                            (i) by striking ``(2)(A)'' and all that 
                        follows through the end of subparagraph (A) and 
                        inserting the following:
            ``(2) Process for approval.--
                    ``(A)(i) The Secretary shall approve or 
                disapprove--
                            ``(I) a tribal energy resource agreement 
                        submitted under paragraph (1) not later than 
                        270 days after the date on which the Secretary 
                        receives the agreement; or
                            ``(II) a revised tribal energy resource 
                        agreement submitted under paragraph (4)(B) not 
                        later than 60 days after the date on which the 
                        Secretary receives the revised agreement.
                    ``(ii) A tribal energy resource agreement submitted 
                under paragraph (1) or (4)(B) shall take effect 
                beginning on the date on which the Secretary approves 
                the agreement.
                    ``(iii)(I) If the Secretary has not yet approved or 
                disapproved a tribal energy resource agreement 
                submitted under paragraph (1), the tribal energy 
                resource agreement shall take effect beginning on the 
                date that is 270 days after the date on which the 
                Secretary receives the agreement.
                            ``(II) If the Secretary has not yet 
                        approved or disapproved a revised tribal energy 
                        resource agreement submitted under paragraph 
                        (4)(B), the revised tribal energy resource 
                        agreement shall take effect beginning on the 
                        date that is 60 days after the date on which 
                        the Secretary receives the revised agreement.
                            ``(III) A tribal energy resource agreement 
                        that takes effect pursuant to subclause (I) or 
                        (II) shall be considered to have been approved 
                        by the Secretary for all purposes of this 
                        section.'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(B)'' and all 
                                that follows through ``if--'' and 
                                inserting the following:
                    ``(B) The Secretary may disapprove a tribal energy 
                resource agreement submitted under paragraph (1) or 
                (4)(B) only if--'';
                                    (II) by striking clause (i) and 
                                inserting the following:
                            ``(i) the Secretary determines that the 
                        Indian tribe has not demonstrated that the 
                        Indian tribe has sufficient capacity to 
                        regulate the development of the specific 1 or 
                        more energy resources that would be subject to 
                        the tribal energy resource agreement submitted 
                        by the Indian tribe.'';
                                    (III) by redesignating clause (iii) 
                                as clause (iv) and indenting 
                                appropriately;
                                    (IV) by striking clause (ii) and 
                                inserting the following:
                            ``(ii) a provision of the tribal energy 
                        resource agreement would violate a treaty 
                        applicable to the Indian tribe;
                            ``(iii) the tribal energy resource 
                        agreement does not include 1 or more provisions 
                        required under subparagraph (D); or''; and
                                    (V) in clause (iv) (as redesignated 
                                by subclause (III)), in the matter 
                                preceding subclause (I), by striking 
                                ``includes'' and all that follows 
                                through ``section--'' and inserting 
                                ``does not include provisions that, 
                                with respect to any lease, business 
                                agreement, or right-of-way to which the 
                                tribal energy resource agreement 
                                applies--''; and
                            (iii) in subparagraph (C)--
                                    (I) by striking clause (ii) and 
                                inserting the following:
                            ``(ii) the identification of mitigation 
                        measures, if any, that the Indian tribe in the 
                        discretion of the Indian tribe might propose 
                        and the incorporation of any such measures into 
                        the lease, business agreement, or right-of-
                        way;'';
                                    (II) in clause (iv), by striking 
                                ``and'' at the end;
                                    (III) in clause (v), by striking 
                                the period at the end and inserting ``; 
                                and''; and
                                    (IV) by adding at the end the 
                                following:
                            ``(vi) the identification of specific 
                        classes or categories of actions, if any, 
                        determined by the Indian tribe not to have 
                        significant environmental effects.'';
                            (iv) in subparagraph (D)(ii), by striking 
                        ``subparagraph (B)(iii)(XVI)'' and inserting 
                        ``subparagraph (B)(iv)(XVI)''; and
                            (v) by adding at the end the following:
                    ``(F)(i) The Secretary shall make a determination 
                under subparagraph (B)(i) not later than 90 days after 
                the date on which the Indian tribe submits to the 
                Secretary the tribal energy resource agreement of the 
                Indian tribe pursuant to paragraph (1), unless the 
                Secretary and the Indian tribe mutually agree to an 
                extension of the deadline for making the determination.
                    ``(ii) Any determination that the Indian tribe 
                lacks the requisite capacity shall be treated as a 
                disapproval under paragraph (4) and, not later than 10 
                days after the date of the determination, the Secretary 
                shall provide to the Indian tribe--
                            ``(I) a detailed, written explanation of 
                        each reason for the determination; and
                            ``(II) a description of the steps that the 
                        Indian tribe should take to demonstrate 
                        sufficient capacity.
                    ``(G) Notwithstanding any other provision of this 
                section, an Indian tribe shall be considered to have 
                demonstrated sufficient capacity under subparagraph 
                (B)(i) to regulate the development of the specific 1 or 
                more energy resources of the Indian tribe that would be 
                subject to the tribal energy resource agreement 
                submitted by the Indian tribe under paragraph (1) if--
                            ``(i) the Secretary determines that--
                                    ``(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. 
                                450 et seq.) without material audit 
                                exceptions for a period of not less 
                                than 3 years ending on the date on 
                                which the Indian tribe submits the 
                                tribal energy resource agreement of the 
                                Indian tribe under paragraph (1) (or 
                                without any such exceptions that were 
                                not corrected within the 3-year 
                                period); or
                                    ``(II) the Indian tribe meets the 
                                capacity criteria described in the 
                                regulations promulgated under paragraph 
                                (8)(A); or
                            ``(ii) the Secretary fails to make the 
                        determination within the time allowed under 
                        subparagraph (F) (including any agreed-to 
                        extension under that subparagraph).'';
                    (C) in paragraph (3), by striking ``(3) The 
                Secretary'' and inserting the following:
            ``(3) Notice and comment; secretarial review.--The 
        Secretary'';
                    (D) in paragraph (4)--
                            (i) by striking ``(4) If the Secretary'' 
                        and inserting the following:
            ``(4) Action in case of disapproval.--If the Secretary''; 
        and
                            (ii) by striking ``date of disapproval'' 
                        and all that follows through the end of 
                        subparagraph (C) and inserting the following: 
                        ``date of disapproval, provide the Indian tribe 
                        with--
                    ``(A) a detailed written explanation of--
                            ``(i) each reason for the disapproval; and
                            ``(ii) the revisions or changes to the 
                        tribal energy resource agreement necessary to 
                        address each reason; and
                    ``(B) an opportunity to revise and resubmit the 
                tribal energy resource agreement.'';
                    (E) in paragraph (5), by striking ``(5) If an 
                Indian tribe'' and inserting the following:
            ``(5) Provision of documentation to secretary.--If an 
        Indian tribe'';
                    (F) in paragraph (6)--
                            (i) by striking ``(6)(A) In carrying out'' 
                        and inserting the following:
            ``(6) Secretarial obligations and effect of section.--
                    ``(A) In carrying out'';
                            (ii) in subparagraph (A), by indenting 
                        clauses (i) and (ii) appropriately;
                            (iii) in subparagraph (B)--
                                    (I) by striking ``(B) Subject to 
                                the provisions of'' and inserting the 
                                following:
                    ``(B) Subject only to''; and
                                    (II) by striking ``the provisions 
                                of subparagraph (D)'' and inserting 
                                ``subparagraphs (C) and (D)'';
                            (iv) in subparagraph (C), in the matter 
                        preceding clause (i), by inserting ``to perform 
                        the obligations of the Secretary under this 
                        section and'' before ``to ensure''; and
                            (v) in subparagraph (D), by adding at the 
                        end the following:
                            ``(iii) Nothing in this subparagraph 
                        absolves, limits, or otherwise affects the 
                        liability of the United States, if any, for 
                        any--
                                    ``(I) terms that are not negotiated 
                                terms; or
                                    ``(II) losses that are not the 
                                result of negotiated terms, including 
                                the failure of the Secretary to perform 
                                an obligation of the Secretary under 
                                this section.''; and
                    (G) in paragraph (7)--
                            (i) by striking ``(7)(A) In this 
                        paragraph'' and inserting the following:
            ``(7) Petitions by interested parties.--
                    ``(A) In this paragraph''; and
                            (ii) by adding at the end the following:
                    ``(G) Notwithstanding any other provision of this 
                paragraph, the Secretary shall dismiss any petition 
                from an interested party that has agreed to a 
                resolution of the claims with the Indian tribe.'';
            (5) by redesignating subsection (g) as subsection (i); and
            (6) by inserting after subsection (f) the following:
    ``(g) Application of Indian Self-Determination and Education 
Assistance Act.--
            ``(1) In general.--Any activities proposed to be carried 
        out by the Indian tribe under a tribal energy resource 
        agreement that would otherwise have been performed by the 
        Secretary through the Bureau of Indian Affairs or the Office of 
        the Special Trustee for American Indians shall, at the request 
        of the Indian tribe, be subject to the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.).
            ``(2) Limitation.--The only activities described in 
        paragraph (1) that shall not be subject to the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.) are the specific activities required to be performed by 
        the Secretary under this section.
    ``(h) Certification.--
            ``(1) In general.--Not later than 90 days after the date on 
        which an Indian tribe submits a request in accordance with 
        regulations promulgated under paragraph (3), the Secretary 
        shall determine whether--
                    ``(A) the Indian tribe meets the requirements 
                described in subsections (a)(2)(B)(i) or (b)(2)(B)(i); 
                and
                    ``(B) the tribal energy development organization is 
                majority owned and controlled by the Indian tribe.
            ``(2) Action by secretary.--If the Secretary determines 
        that the Indian tribe meets the requirements described in 
        subsections (a)(2)(B)(i) or (b)(2)(B)(i) and the tribal energy 
        development organization is majority owned and controlled by 
        the Indian tribe, the Secretary shall, not more than 10 days 
        after making the determination--
                    ``(A) issue a certification stating that the Indian 
                tribe meets those requirements and that the tribal 
                energy development organization is majority owned and 
                controlled by the Indian tribe;
                    ``(B) deliver a copy of the certification to the 
                Indian tribe; and
                    ``(C) publish the certification in the Federal 
                Register.
            ``(3) Regulations.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall promulgate 
        regulations to implement subsections (a)(2)(B) and (b)(2)(B) 
        and this subsection, including the process to be followed by, 
        and any applicable criteria and documentation required for, an 
        Indian tribe to request and obtain the certification.''.

           TITLE IV--AMENDMENTS TO INDIAN ENERGY POLICY LAWS

SEC. 401. AMENDMENTS TO INDIAN ENERGY POLICY LAWS.

    (a) Definition of Sequestration.--Section 2601(10) of the Energy 
Policy Act of 1992 (25 U.S.C. 3501(10)) is amended by striking 
``reforestation or'' and inserting ``agricultural practices, 
reforestation, or''.
    (b) Definition of Tribal Energy Development Organization.--Section 
2601(11) of the Energy Policy Act of 1992 (25 U.S.C. 3501(11)) is 
amended--
            (1) by striking ``tribal energy resource development 
        organization'' and inserting ``tribal energy development 
        organization''; and
            (2) by inserting before the period at the end the 
        following: ``or to enter into a lease or business agreement 
        with, or acquire a right-of-way from, an Indian tribe pursuant 
        to subsection (a)(2)(B) or (b)(2) of section 2604''.
    (c) Indian Tribal Energy Resource Development.--Section 2602(a)(2) 
of the Energy Policy Act of 1992 (25 U.S.C. 3502(a)(2)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(E) establish Indian Energy Development Offices, 
                in accordance with paragraph (3); and
                    ``(F) provide grants and technical assistance to 1 
                or more intertribal organizations, as determined by the 
                Secretary, to establish and operate a program of 
                assistance to Indian tribes and tribal energy 
                development organizations to carry out evaluation, 
                planning, design, financing, production, 
                transportation, and transmission functions relating to 
                tribal energy resource development.''.
    (d) Provision of Assistance.--
            (1) Indian tribal energy resource regulation.--Section 
        2603(c)(2)(B) of the Energy Policy Act of 1992 (25 U.S.C. 
        3503(c)(2)(B)) is amended by inserting ``or tribal energy 
        development organization'' after ``Indian tribe''.
            (2) Federal power marketing administrations.--Section 2605 
        of the Energy Policy Act of 1992 (25 U.S.C. 3505) is amended in 
        subsection (d)(2)(B), by inserting ``or tribal energy 
        development organization'' after ``Indian tribe''.
    (e) Energy Efficiency in Federally Assisted Housing.--Section 
506(a) of the Energy Policy Act of 2005 (42 U.S.C. 16001) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``weatherization, energy efficiency, and'' after ``shall 
        promote''; and
            (2) in paragraph (1), by striking ``technologies'' and 
        inserting ``design, technologies,''.
    (f) Conforming Amendments.--
            (1) Section 2602 of the Energy Policy Act of 1992 (25 
        U.S.C. 3502) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``tribal 
                        energy resource development organizations'' and 
                        inserting ``tribal energy development 
                        organizations''; and
                            (ii) in paragraph (2), by striking ``tribal 
                        energy resource development organization'' each 
                        place it appears and inserting ``tribal energy 
                        development organization''; and
                    (B) in subsection (b)(2), by striking ``tribal 
                energy resource development organization'' and 
                inserting ``tribal energy development organization''.
            (2) Section 2606(c)(3) of the Energy Policy Act of 1992 (25 
        U.S.C. 3506) is amended by striking ``energy resource 
        development'' and inserting ``energy development''.
                                 <all>