[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1684 Reported in Senate (RS)]

                                                       Calendar No. 575
112th CONGRESS
  2d Session
                                S. 1684

                          [Report No. 112-263]

 To amend the Indian Tribal Energy Development and Self-Determination 
                  Act of 2005, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 12, 2011

   Mr. Barrasso (for himself, Mr. Akaka, Mr. McCain, Mr. Hoeven, Mr. 
  Thune, and Mr. Enzi) introduced the following bill; which was read 
         twice and referred to the Committee on Indian Affairs

                           December 21, 2012

                 Reported by Mr. Akaka, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Indian Tribal Energy Development and Self-Determination 
                  Act of 2005, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Tribal Energy Development and 
Self-Determination Act Amendments of <DELETED>2011</DELETED> 2012''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
 TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT 
                               AMENDMENTS

Sec. 101. Indian tribal energy resource development.
Sec. 102. Indian tribal energy resource regulation.
Sec. 103. Tribal energy resource agreements.
<DELETED>Sec. 104. Conforming amendments.
</DELETED>Sec. 104. Technical assistance for Indian tribal governments.
Sec. 105. Indian energy efficiency.
Sec. 106. Conforming amendments.
                   TITLE II--MISCELLANEOUS AMENDMENTS

Sec. 201. Issuance of preliminary permits or licenses.
<DELETED>Sec. 202. Tribal biomass demonstration project.
</DELETED>Sec. 202. Tribal biomass demonstration project.
Sec. 203. Weatherization program.
Sec. 204. Appraisals.
Sec. 205. Leases of restricted lands for Navajo Nation.

 TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT 
                               AMENDMENTS

SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

    (a) In General.--Section 2602(a) of the Energy Policy Act of 1992 
(25 U.S.C. 3502(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (C), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) consult with each applicable Indian tribe 
                before adopting or approving a well spacing program or 
                plan applicable to the energy resources of that Indian 
                tribe or the members of that Indian tribe.''; and
            (2) 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 technical 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.''.
    (b) Department of Energy Indian Energy Education Planning and 
Management Assistance Program.--Section 2602(b)(2) of the Energy Policy 
Act of 1992 (25 U.S.C. 3502(b)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``, intertribal organization,'' after ``Indian tribe'';
            (2) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) activities to increase the capacity of Indian 
                tribes to manage energy development and energy 
                efficiency programs;''.
    (c) Department of 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), by inserting ``or a tribal energy 
        development organization'' after ``Indian tribe'';
            (2) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``guarantee'' and inserting ``guaranteed'';
                    (B) in subparagraph (A), by striking ``or'';
                    (C) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(C) a tribal energy development organization, 
                from funds of the tribal energy development 
                organization.''; and
            (3) in paragraph (5), by striking ``The Secretary of Energy 
        may'' and inserting ``Not later than 1 year after the date of 
        enactment of the Indian Tribal Energy Development and Self-
        Determination Act Amendments of <DELETED>2011</DELETED> 2012, 
        the Secretary of Energy shall''.

SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

    Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C. 
3503(c)) is amended--
            (1) in paragraph (1), by striking ``on the request of an 
        Indian tribe, the Indian tribe'' and inserting ``on the request 
        of an Indian tribe or a tribal energy development organization, 
        the Indian tribe or tribal energy development organization''; 
        and
            (2) in paragraph (2)(B), by inserting ``or tribal energy 
        development organization'' after ``Indian tribe''.

SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS.

    (a) Amendment.--Section 2604 of the Energy Policy Act of 1992 (25 
U.S.C. 3504) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``or'' 
                        after the semicolon at the end;
                            (ii) in subparagraph (B)--
                                    (I) by striking clause (i) and 
                                inserting the following:
                            ``(i) an electric production, generation, 
                        transmission, or distribution facility 
                        (including a facility that produces electricity 
                        from renewable energy resources) located on 
                        tribal land; or''; and
                                    (II) in clause (ii)--
                                            (aa) by inserting ``, at 
                                        least a portion of which have 
                                        been'' after ``energy 
                                        resources'';
                                            (bb) by inserting ``or 
                                        produced from'' after 
                                        ``developed on''; and
                                            (cc) by striking ``and'' 
                                        after the semicolon at the end 
                                        and inserting ``or''; and
                            (iii) by adding at the end the following:
                    ``(C) pooling, unitization, or communitization of 
                the energy mineral resources of the Indian tribe 
                located on tribal land with any other energy mineral 
                resource (including energy mineral resources owned by 
                the Indian tribe or an individual Indian in fee, trust, 
                or restricted status or by any other persons or 
                entities) if the owner of the resources has consented 
                or consents to the pooling, unitization, or 
                communitization of the other resources under any lease 
                or agreement; and''; 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 the lease or business 
        agreement--
                    ``(A) was executed--
                            ``(i) in accordance with the requirements 
                        of a tribal energy resource agreement in effect 
                        under 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)); or
                            ``(ii) by the Indian tribe and a tribal 
                        energy development organization--
                                    ``(I) for which the Indian tribe 
                                has obtained certification pursuant to 
                                subsection (h); and
                                    ``(II) the majority of the interest 
                                in which is, and continues to be 
                                throughout the full term or renewal 
                                term (if any) of the lease or business 
                                agreement, owned and controlled by the 
                                Indian tribe (or the Indian tribe and 1 
                                or more other Indian tribes); and
                    ``(B) has a term that does not exceed--
                            ``(i) 30 years; or
                            ``(ii) in the case of a lease for the 
                        production of oil resources, gas resources, or 
                        both, 10 years and as long thereafter as oil or 
                        gas is produced in paying quantities.'';
            (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 the right-
of-way--
            ``(1) 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 facilitates in carrying out 
                the purposes, of any lease or agreement entered into 
                for energy resource development on tribal land; and
            ``(2) was executed--
                    ``(A) in accordance with the requirements of a 
                tribal energy resource agreement in effect under 
                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)); or
                    ``(B) by the Indian tribe and a tribal energy 
                development organization--
                            ``(i) for which the Indian tribe has 
                        obtained certification pursuant to subsection 
                        (h); and
                            ``(ii) the majority of the interest in 
                        which is, and continues to be throughout the 
                        full term or renewal term (if any) of the 
                        right-of-way, owned and controlled by the 
                        Indian tribe (or the Indian tribe and 1 or more 
                        other Indian tribes); and
            ``(3) has a term that does not exceed 30 years.'';
            (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 (2)--
                            (i) by striking ``(2)(A)'' and all that 
                        follows through the end of subparagraph (A) and 
                        inserting the following:
            ``(2) Procedure.--
                    ``(A) Effective date.--
                            ``(i) In general.--On the date that is 271 
                        days after the date on which the Secretary 
                        receives a tribal energy resource agreement 
                        from an Indian tribe under paragraph (1), the 
                        tribal energy resource agreement shall take 
                        effect, unless the Secretary disapproves the 
                        tribal energy resource agreement under 
                        subparagraph (B).
                            ``(ii) Revised tribal energy resource 
                        agreement.--On the date that is 91 days after 
                        the date on which the Secretary receives a 
                        revised tribal energy resource agreement from 
                        an Indian tribe under paragraph (4)(B), the 
                        revised tribal energy resource agreement shall 
                        take effect, unless the Secretary disapproves 
                        the revised tribal energy resource agreement 
                        under subparagraph (B).'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(B)'' and all 
                                that follows through ``if--'' and 
                                inserting the following:
                    ``(B) Disapproval.--The Secretary shall disapprove 
                a tribal energy resource agreement submitted pursuant 
                to 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 identified for 
                        development under 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 applicable 
                        Federal law (including regulations) or 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))--
                                            (aa) 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
                                            (bb) in subclause 
                                        (XVI)(bb), by striking ``or 
                                        tribal'';
                            (iii) in subparagraph (C)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``the approval of'' 
                                after ``with respect to'';
                                    (II) by striking clause (ii) and 
                                inserting the following:
                            ``(ii) the identification of mitigation 
                        measures, if any, that, in the discretion of 
                        the Indian tribe, the Indian tribe might 
                        propose for incorporation into the lease, 
                        business agreement, or right-of-way;'';
                                    (III) in clause (iii)(I), by 
                                striking ``proposed action'' and 
                                inserting ``approval of the lease, 
                                business agreement, or right-of-way'';
                                    (IV) in clause (iv), by striking 
                                ``and'' at the end;
                                    (V) in clause (v), by striking the 
                                period at the end and inserting ``; 
                                and''; and
                                    (VI) 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)(XV)''; and
                            (v) by adding at the end the following:
                    ``(F) A tribal energy resource agreement that takes 
                effect pursuant to this subsection shall remain in 
                effect to the extent any provision of the tribal energy 
                resource agreement is consistent with applicable 
                Federal law (including regulations), unless the tribal 
                energy resource agreement is--
                            ``(i) rescinded by the Secretary pursuant 
                        to paragraph (7)(D)(iii)(II); or
                            ``(ii) voluntarily rescinded by the Indian 
                        tribe pursuant to the regulations promulgated 
                        under paragraph (8)(B) (or successor 
                        regulations).
                    ``(G)(i) The Secretary shall make a capacity 
                determination under subparagraph (B)(i) not later than 
                120 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 time period 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.
                    ``(H) 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 identified 
                for development under the tribal energy resource 
                agreement submitted by the Indian tribe pursuant to 
                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.); and
                                    ``(II) for a period of not less 
                                than 3 consecutive years ending on the 
                                date on which the Indian tribe submits 
                                the tribal energy resource agreement of 
                                the Indian tribe pursuant to paragraph 
                                (1) or (4)(B), the contract or 
                                compact--
                                            ``(aa) has been carried out 
                                        by the Indian tribe without 
                                        material audit exceptions (or 
                                        without any material audit 
                                        exceptions that were not 
                                        corrected within the 3-year 
                                        period); and
                                            ``(bb) has included 
                                        programs or activities relating 
                                        to the management of tribal 
                                        land; or
                            ``(ii) the Secretary fails to make the 
                        determination within the time allowed under 
                        subparagraph (G)(i) (including any extension of 
                        time agreed to under that subparagraph).'';
                    (B) in paragraph (4), 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.'';
                    (C) in paragraph (6)--
                            (i) in subparagraph (B)--
                                    (I) by striking ``(B) Subject to'' 
                                and inserting the following:
                    ``(B) Subject only to''; and
                                    (II) by striking ``subparagraph 
                                (D)'' and inserting ``subparagraphs (C) 
                                and (D)'';
                            (ii) 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
                            (iii) in subparagraph (D), by adding at the 
                        end the following:
                            ``(iii) Nothing in this section absolves, 
                        limits, or otherwise affects the liability, if 
                        any, of the United States for any--
                                    ``(I) term of any lease, business 
                                agreement, or right-of-way under this 
                                section that is not a negotiated term; 
                                or
                                    ``(II) losses that are not the 
                                result of a negotiated term, including 
                                losses resulting from the failure of 
                                the Secretary to perform an obligation 
                                of the Secretary under this section.''; 
                                and
                    (D) in paragraph (7)--
                            (i) in subparagraph (A), by striking ``has 
                        demonstrated'' and inserting ``the Secretary 
                        determines has demonstrated with substantial 
                        evidence'';
                            (ii) in subparagraph (B), by striking ``any 
                        tribal remedy'' and inserting ``all remedies 
                        (if any) provided under the laws of the Indian 
                        tribe'';
                            (iii) in subparagraph (D)--
                                    (I) in clause (i), by striking 
                                ``determine'' and all that follows 
                                through the end of the clause and 
                                inserting the following: ``determine--
                                            ``(I) whether the 
                                        petitioner is an interested 
                                        party; and
                                            ``(II) if the petitioner is 
                                        an interested party, whether 
                                        the Indian tribe is not in 
                                        compliance with the tribal 
                                        energy resource agreement as 
                                        alleged in the petition.'';
                                    (II) in clause (ii), by striking 
                                ``determination'' and inserting 
                                ``determinations''; and
                                    (III) in clause (iii), in the 
                                matter preceding subclause (I) by 
                                striking ``agreement'' the first place 
                                it appears and all that follows through 
                                ``, including'' and inserting 
                                ``agreement pursuant to clause (i), the 
                                Secretary shall only take such action 
                                as the Secretary determines necessary 
                                to address the claims of noncompliance 
                                made in the petition, including'';
                            (iv) in subparagraph (E)(i), by striking 
                        ``the manner in which'' and inserting ``, with 
                        respect to each claim made in the petition, 
                        how''; and
                            (v) 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 with the 
                Indian tribe to a resolution of the claims presented in 
                the petition of that party.'';
            (5) by redesignating subsection (g) as subsection (j); and
            (6) by inserting after subsection (f) the following:
    ``(g) Financial Assistance in Lieu of Activities by the 
Secretary.--
            ``(1) In general.--Any amounts that the Secretary would 
        otherwise expend to operate or carry out any program, function, 
        service, or activity (or any portion of a program, function, 
        service, or activity) of the Department that, as a result of an 
        Indian tribe carrying out activities under a tribal energy 
        resource agreement, the Secretary does not expend, the 
        Secretary shall, at the request of the Indian tribe, make 
        available to the Indian tribe in accordance with this 
        subsection.
            ``(2) Annual funding agreements.--The Secretary shall make 
        the amounts described in paragraph (1) available to an Indian 
        tribe through an annual written funding agreement that is 
        negotiated and entered into with the Indian tribe that is 
        separate from the tribal energy resource agreement.
            ``(3) Effect of appropriations.--Notwithstanding paragraph 
        (1)--
                    ``(A) the provision of amounts to an Indian tribe 
                under this subsection is subject to the availability of 
                appropriations; and
                    ``(B) the Secretary shall not be required to reduce 
                amounts for programs, functions, services, or 
                activities that serve any other Indian tribe to make 
                amounts available to an Indian tribe under this 
                subsection.
            ``(4) Determination.--
                    ``(A) In general.--The Secretary shall calculate 
                the amounts under paragraph (1) in accordance with the 
                regulations adopted under section 103(b) of the Indian 
                Tribal Energy Development and Self-Determination Act 
                Amendments of <DELETED>2011</DELETED> 2012.
                    ``(B) Applicability.--The effective date or 
                implementation of a tribal energy resource agreement 
                under this section shall not be delayed or otherwise 
                affected by--
                            ``(i) a delay in the promulgation of 
                        regulations under section 103(b) of the Indian 
                        Tribal Energy Development and Self-
                        Determination Act Amendments of <DELETED>2011</DELETED> 
                        2012;
                            ``(ii) the period of time needed by the 
                        Secretary to make the calculation required 
                        under paragraph (1); or
                            ``(iii) the adoption of a funding agreement 
                        under paragraph (2).
    ``(h) Certification of Tribal Energy Development Organization.--
            ``(1) In general.--Not later than 90 days after the date on 
        which an Indian tribe submits an application for certification 
        of a tribal energy development organization in accordance with 
        regulations promulgated under section 103(b) of the Indian 
        Tribal Energy Development and Self-Determination Act Amendments 
        of <DELETED>2011</DELETED> 2012, the Secretary shall approve or 
        disapprove the application.
            ``(2) Requirements.--The Secretary shall approve an 
        application for certification if--
                    ``(A)(i) the Indian tribe has carried out a 
                contract or compact under title I or IV of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450 et seq.); and
                    ``(ii) for a period of not less than 3 consecutive 
                years ending on the date on which the Indian tribe 
                submits the application, the contract or compact--
                            ``(I) has been carried out by the Indian 
                        tribe without material audit exceptions (or 
                        without any material audit exceptions that were 
                        not corrected within the 3-year period); and
                            ``(II) has included programs or activities 
                        relating to the management of tribal land; and
                    ``(B)(i) the tribal energy development organization 
                is organized under the laws of the Indian tribe and 
                subject to the jurisdiction and authority of the Indian 
                tribe;
                    ``(ii) the majority of the interest in the tribal 
                energy development organization is owned and controlled 
                by the Indian tribe (or the Indian tribe and 1 or more 
                other Indian tribes); and
                    ``(iii) the organizing document of the tribal 
                energy development organization requires that the 
                Indian tribe (or the Indian tribe and 1 or more other 
                Indian tribes) own and control at all times a majority 
                of the interest in the tribal energy development 
                organization.
            ``(3) Action by secretary.--If the Secretary approves an 
        application for certification pursuant to paragraph (2), the 
        Secretary shall, not more than 10 days after making the 
        determination--
                    ``(A) issue a certification stating that--
                            ``(i) the tribal energy development 
                        organization is organized under the laws of the 
                        Indian tribe and subject to the jurisdiction 
                        and authority of the Indian tribe;
                            ``(ii) the majority of the interest in the 
                        tribal energy development organization is owned 
                        and controlled by the Indian tribe (or the 
                        Indian tribe and 1 or more other Indian 
                        tribes);
                            ``(iii) the organizing document of the 
                        tribal energy development organization requires 
                        that the Indian tribe (or the Indian tribe and 
                        1 or more other Indian tribes) own and control 
                        at all times a majority of the interest in the 
                        tribal energy development organization; and
                            ``(iv) the certification is issued pursuant 
                        this subsection;
                    ``(B) deliver a copy of the certification to the 
                Indian tribe; and
                    ``(C) publish the certification in the Federal 
                Register.
    ``(i) Sovereign Immunity.--Nothing in this section waives the 
sovereign immunity of an Indian tribe.''.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of the Indian Tribal Energy Development and Self-Determination Act 
Amendments of <DELETED>2011</DELETED> 2012, the Secretary shall 
promulgate or update any regulations that are necessary to implement 
this section, including provisions to implement--
            (1) section 2604(g) of the Energy Policy Act of 1992 (25 
        U.S.C. 3504(g)) including the manner in which the Secretary, at 
        the request of an Indian tribe, shall--
                    (A) identify the programs, functions, services, and 
                activities (or any portions of programs, functions, 
                services, or activities) that the Secretary will not 
                have to operate or carry out as a result of the Indian 
                tribe carrying out activities under a tribal energy 
                resource agreement;
                    (B) identify the amounts that the Secretary would 
                have otherwise expended to operate or carry out each 
                program, function, service, and activity (or any 
                portion of a program, function, service, or activity) 
                identified pursuant to subparagraph (A); and
                    (C) provide to the Indian tribe a list of the 
                programs, functions, services, and activities (or any 
                portions of programs, functions, services, or 
                activities) identified pursuant subparagraph (A) and 
                the amounts associated with each program, function, 
                service, and activity (or any portion of a program, 
                function, service, or activity) identified pursuant to 
                subparagraph (B); and
            (2) section 2604(h) of the Energy Policy Act of 1992 (25 
        U.S.C. 3504(h)), including the process to be followed by, and 
        any applicable criteria and documentation required for, an 
        Indian tribe to request and obtain the certification described 
        in that section.

<DELETED>SEC. 104. CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Definition of Tribal Energy Development 
Organization.--Section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 
3501) is amended by striking paragraph (11) and inserting the 
following:</DELETED>
        <DELETED>    ``(11) Tribal energy dev elopment organization.--
        The term `tribal energy development organization' means--
        </DELETED>
        <DELETED>    ``(11) The term `tribal energy development 
        organization' means--</DELETED>
                <DELETED>    ``(A) any enterprise, partnership, 
                consortium, corporation, or other type of business 
                organization that is engaged in the development of 
                energy resources and is wholly owned by an Indian tribe 
                (including an organization incorporated pursuant to 
                section 17 of the Indian Reorganization Act of 1934 (25 
                U.S.C. 477) or section 3 of the Act of June 26, 1936 
                (25 U.S.C. 503) (commonly known as the `Oklahoma Indian 
                Welfare Act')); or</DELETED>
                <DELETED>    ``(B) any organization of 2 or more 
                entities, at least 1 of which is an Indian tribe, that 
                has the written consent of the governing bodies of all 
                Indian tribes participating in the organization to 
                apply for a grant, loan, or other assistance under 
                section 2602 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)(A)(ii) or 
                (b)(2)(B) of section 2604.''.</DELETED>
<DELETED>    (b) Indian Tribal Energy Resource Development.--Section 
2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``tribal 
                energy resource development organizations'' and 
                inserting ``tribal energy development organizations''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``tribal 
                energy resource development organizations'' each place 
                it appears and inserting ``tribal energy development 
                organizations''; and</DELETED>
        <DELETED>    (2) in subsection (b)(2), by striking ``tribal 
        energy resource development organization'' and inserting 
        ``tribal energy development organization''.</DELETED>
<DELETED>    (c) Wind and Hydropower Feasibility Study.--Section 
2606(c)(3) of the Energy Policy Act of 1992 (25 U.S.C. 3506(c)(3)) is 
amended by striking ``energy resource development'' and inserting 
``energy development''.</DELETED>
<DELETED>    (d) Conforming Amendments.--Section 2604(e) of the Energy 
Policy Act of 1992 (25 U.S.C. 3504(e)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by striking ``(1) On the date'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--On the date''; and</DELETED>
                <DELETED>    (B) by striking ``for 
                approval'';</DELETED>
        <DELETED>    (2) in paragraph (2)(B)(iv) (as redesignated by 
        section 4(a)(4)(A)(ii)(III))--</DELETED>
                <DELETED>    (A) in subclause (XIV), by inserting 
                ``and'' after the semicolon at the end;</DELETED>
                <DELETED>    (B) by striking subclause (XV); 
                and</DELETED>
                <DELETED>    (C) by redesignating subclause (XVI) as 
                subclause (XV);</DELETED>
        <DELETED>    (3) in paragraph (3)--</DELETED>
                <DELETED>    (A) by striking ``(3) The Secretary'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(3) Notice and comment; secretarial review.--The 
        Secretary''; and</DELETED>
                <DELETED>    (B) by striking ``for 
                approval'';</DELETED>
        <DELETED>    (4) in paragraph (4), by striking ``(4) If the 
        Secretary'' and inserting the following:</DELETED>
        <DELETED>    ``(4) Action in case of disapproval.--If the 
        Secretary'';</DELETED>
        <DELETED>    (5) in paragraph (5)--</DELETED>
                <DELETED>    (A) by striking ``(5) If an Indian tribe'' 
                and inserting the following:</DELETED>
        <DELETED>    ``(5) Provision of documents to secretary.--If an 
        Indian tribe''; and</DELETED>
                <DELETED>    (B) in the matter preceding subparagraph 
                (A), by striking ``approved'' and inserting ``in 
                effect'';</DELETED>
        <DELETED>    (6) in paragraph (6)--</DELETED>
                <DELETED>    (A) by striking ``(6)(A) In carrying out'' 
                and inserting the following:</DELETED>
        <DELETED>    ``(6) Secretarial obligations and effect of 
        section.--</DELETED>
                <DELETED>    ``(A) In carrying out'';</DELETED>
                <DELETED>    (B) in subparagraph (A), by indenting 
                clauses (i) and (ii) appropriately;</DELETED>
                <DELETED>    (C) in subparagraph (B), by striking 
                ``approved'' and inserting ``in effect''; and</DELETED>
                <DELETED>    (D) in subparagraph (D)--</DELETED>
                        <DELETED>    (i) in clause (i), by striking 
                        ``an approved tribal energy resource 
                        agreement'' and inserting ``a tribal energy 
                        resource agreement in effect under this 
                        section''; and</DELETED>
                        <DELETED>    (ii) in clause (ii), by striking 
                        ``approved by the Secretary'' and inserting 
                        ``in effect''; and</DELETED>
        <DELETED>    (7) in paragraph (7)--</DELETED>
                <DELETED>    (A) by striking ``(7)(A) In this 
                paragraph'' and inserting the following:</DELETED>
        <DELETED>    ``(7) Petitions by interested parties.--</DELETED>
                <DELETED>    ``(A) In this paragraph'';</DELETED>
                <DELETED>    (B) in subparagraph (A), by striking 
                ``approved by the Secretary'' and inserting ``in 
                effect'';</DELETED>
                <DELETED>    (C) in subparagraph (B), by striking 
                ``approved by the Secretary'' and inserting ``in 
                effect''; and</DELETED>
                <DELETED>    (D) in subparagraph (D)(iii)--</DELETED>
                        <DELETED>    (i) in subclause (I), by striking 
                        ``approved''; and</DELETED>
                        <DELETED>    (ii) in subclause (II)--</DELETED>
                                <DELETED>    (I) by striking ``approval 
                                of'' in the first place it appears; 
                                and</DELETED>
                                <DELETED>    (II) by striking 
                                ``subsection (a) or (b)'' and inserting 
                                ``subsection (a)(2)(A)(i) or 
                                (b)(2)(A)''.</DELETED>

SEC. 104. 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. 105. 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 2.5 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. 106. CONFORMING AMENDMENTS.

    (a) Definition of Tribal Energy Development Organization.--Section 
2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) is amended by 
striking paragraph (11) and inserting the following:
            ``(11) The term `tribal energy development organization' 
        means--
                    ``(A) any enterprise, partnership, consortium, 
                corporation, or other type of business organization 
                that is engaged in the development of energy resources 
                and is wholly owned by an Indian tribe (including an 
                organization incorporated pursuant to section 17 of the 
                Indian Reorganization Act of 1934 (25 U.S.C. 477) or 
                section 3 of the Act of June 26, 1936 (25 U.S.C. 503) 
                (commonly known as the `Oklahoma Indian Welfare Act')); 
                or
                    ``(B) any organization of 2 or more entities, at 
                least 1 of which is an Indian tribe, that has the 
                written consent of the governing bodies of all Indian 
                tribes participating in the organization to apply for a 
                grant, loan, or other assistance under section 2602 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)(A)(ii) or (b)(2)(B) of section 
                2604.''.
    (b) Indian Tribal Energy Resource Development.--Section 2602 of the 
Energy Policy Act of 1992 (25 U.S.C. 3502) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``tribal energy 
                resource development organizations'' and inserting 
                ``tribal energy development organizations''; and
                    (B) in paragraph (2), by striking ``tribal energy 
                resource development organizations'' each place it 
                appears and inserting ``tribal energy development 
                organizations''; and
            (2) in subsection (b)(2), by striking ``tribal energy 
        resource development organization'' and inserting ``tribal 
        energy development organization''.
    (c) Wind and Hydropower Feasibility Study.--Section 2606(c)(3) of 
the Energy Policy Act of 1992 (25 U.S.C. 3506(c)(3)) is amended by 
striking ``energy resource development'' and inserting ``energy 
development''.
    (d) Conforming Amendments.--Section 2604(e) of the Energy Policy 
Act of 1992 (25 U.S.C. 3504(e)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(1) On the date'' and inserting 
                the following:
            ``(1) In general.--On the date''; and
                    (B) by striking ``for approval'';
            (2) in paragraph (2)(B)(iv) (as redesignated by section 
        4(a)(4)(A)(ii)(III))--
                    (A) in subclause (XIV), by inserting ``and'' after 
                the semicolon at the end;
                    (B) by striking subclause (XV); and
                    (C) by redesignating subclause (XVI) as subclause 
                (XV);
            (3) in paragraph (3)--
                    (A) by striking ``(3) The Secretary'' and inserting 
                the following:
            ``(3) Notice and comment; secretarial review.--The 
        Secretary''; and
                    (B) by striking ``for approval'';
            (4) in paragraph (4), by striking ``(4) If the Secretary'' 
        and inserting the following:
            ``(4) Action in case of disapproval.--If the Secretary'';
            (5) in paragraph (5)--
                    (A) by striking ``(5) If an Indian tribe'' and 
                inserting the following:
            ``(5) Provision of documents to secretary.--If an Indian 
        tribe''; and
                    (B) in the matter preceding subparagraph (A), by 
                striking ``approved'' and inserting ``in effect'';
            (6) in paragraph (6)--
                    (A) by striking ``(6)(A) In carrying out'' and 
                inserting the following:
            ``(6) Secretarial obligations and effect of section.--
                    ``(A) In carrying out'';
                    (B) in subparagraph (A), by indenting clauses (i) 
                and (ii) appropriately;
                    (C) in subparagraph (B), by striking ``approved'' 
                and inserting ``in effect''; and
                    (D) in subparagraph (D)--
                            (i) in clause (i), by striking ``an 
                        approved tribal energy resource agreement'' and 
                        inserting ``a tribal energy resource agreement 
                        in effect under this section''; and
                            (ii) in clause (ii), by striking ``approved 
                        by the Secretary'' and inserting ``in effect''; 
                        and
            (7) in paragraph (7)--
                    (A) by striking ``(7)(A) In this paragraph'' and 
                inserting the following:
            ``(7) Petitions by interested parties.--
                    ``(A) In this paragraph'';
                    (B) in subparagraph (A), by striking ``approved by 
                the Secretary'' and inserting ``in effect'';
                    (C) in subparagraph (B), by striking ``approved by 
                the Secretary'' and inserting ``in effect''; and
                    (D) in subparagraph (D)(iii)--
                            (i) in subclause (I), by striking 
                        ``approved''; and
                            (ii) in subclause (II)--
                                    (I) by striking ``approval of'' in 
                                the first place it appears; and
                                    (II) by striking ``subsection (a) 
                                or (b)'' and inserting ``subsection 
                                (a)(2)(A)(i) or (b)(2)(A)''.

                   TITLE II--MISCELLANEOUS AMENDMENTS

SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES.

    (a) In General.--Section 7(a) of the Federal Power Act (16 U.S.C. 
800(a)) is amended by striking ``States and municipalities'' and 
inserting ``States, Indian tribes, and municipalities''.
    (b) Applicability.--The amendment made by subsection (a) shall not 
affect--
            (1) any preliminary permit or original license issued 
        before the date of enactment of the Indian Tribal Energy 
        Development and Self-Determination Act Amendments of 
        <DELETED>2011</DELETED> 2012; or
            (2) an application for an original license, if the 
        Commission has issued a notice accepting that application for 
        filing pursuant to section 4.32(d) of title 18, Code of Federal 
        Regulations (or successor regulations), before the date of 
        enactment of the Indian Tribal Energy Development and Self-
        Determination Act Amendments of <DELETED>2011</DELETED> 2012.
    (c) Definition of Indian Tribe.--For purposes of section 7(a) of 
the Federal Power Act (16 U.S.C. 800(a)) (as amended by subsection 
(a)), 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).

<DELETED>SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT.</DELETED>

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

<DELETED>``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.</DELETED>

<DELETED>    ``(a) In General.--For each of fiscal years 2013 through 
2017, the Secretary shall enter into stewardship contracts or similar 
agreements (excluding direct service contracts) 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.</DELETED>
<DELETED>    ``(b) Demonstration Projects.--In each fiscal year for 
which projects are authorized, at least 4 new demonstration projects 
that meet the eligibility criteria described in subsection (c) shall be 
carried out under contracts or agreements described in subsection 
(a).</DELETED>
<DELETED>    ``(c) Eligibility Criteria.--To be eligible to enter into 
a contract or agreement under this subsection, an Indian tribe shall 
submit to the Secretary an application--</DELETED>
        <DELETED>    ``(1) containing such information as the Secretary 
        may require; and</DELETED>
        <DELETED>    ``(2) that includes a description of--</DELETED>
                <DELETED>    ``(A) the Indian forest land or rangeland 
                under the jurisdiction of the Indian tribe; 
                and</DELETED>
                <DELETED>    ``(B) the demonstration project proposed 
                to be carried out by the Indian tribe.</DELETED>
<DELETED>    ``(d) Selection.--In evaluating the applications submitted 
under subsection (c), the Secretary shall--</DELETED>
        <DELETED>    ``(1) take into consideration--</DELETED>
                <DELETED>    ``(A) the factors set forth in paragraphs 
                (1) and (2) of section 2(e); and</DELETED>
                <DELETED>    ``(B) whether a proposed project would--
                </DELETED>
                        <DELETED>    ``(i) increase the availability or 
                        reliability of local or regional 
                        energy;</DELETED>
                        <DELETED>    ``(ii) enhance the economic 
                        development of the Indian tribe;</DELETED>
                        <DELETED>    ``(iii) result in or improve the 
                        connection of electric power transmission 
                        facilities serving the Indian tribe with other 
                        electric transmission facilities;</DELETED>
                        <DELETED>    ``(iv) improve the forest health 
                        or watersheds of Federal land or Indian forest 
                        land or rangeland;</DELETED>
                        <DELETED>    ``(v) demonstrate new investments 
                        in infrastructure; or</DELETED>
                        <DELETED>    ``(vi) otherwise promote the use 
                        of woody biomass; and</DELETED>
        <DELETED>    ``(2) exclude from consideration any merchantable 
        logs that have been identified by the Secretary for commercial 
        sale.</DELETED>
<DELETED>    ``(e) Implementation.--The Secretary shall--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Report.--Not later than September 20, 2015, the 
Secretary shall submit to Congress a report that describes, with 
respect to the reporting period--</DELETED>
        <DELETED>    ``(1) each individual tribal application received 
        under this section; and</DELETED>
        <DELETED>    ``(2) each contract and agreement entered into 
        pursuant to this section.</DELETED>
<DELETED>    ``(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 into the contract 
or agreement, to the 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.</DELETED>
<DELETED>    ``(h) Term.--A contract or agreement entered into under 
this section--</DELETED>
        <DELETED>    ``(1) shall be for a term of not more than 20 
        years; and</DELETED>
        <DELETED>    ``(2) may be renewed in accordance with this 
        section for not more than an additional 10 years.''.</DELETED>

SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT.

    (a) Purpose.--The purpose of this section is to establish a biomass 
demonstration project for federally recognized Indian tribes and Alaska 
Native corporations to promote biomass energy production.
    (b) Tribal Biomass Demonstration Project.--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) Stewardship Contracts or Similar Agreements.--For each of 
fiscal years 2013 through 2017, the Secretary shall enter into 
stewardship contracts or similar agreements (excluding direct service 
contracts) 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 
projects are authorized, at least 4 new demonstration projects that 
meet the eligibility criteria described in subsection (c) shall be 
carried out under contracts or agreements described in subsection (a).
    ``(c) Eligibility Criteria.--To be eligible to enter into a 
contract or agreement under this section, 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--
            ``(1) take into consideration--
                    ``(A) the factors set forth in paragraphs (1) and 
                (2) of section 2(e); and
                    ``(B) whether a proposed project would--
                            ``(i) increase the availability or 
                        reliability of local or regional energy;
                            ``(ii) enhance the economic development of 
                        the Indian tribe;
                            ``(iii) result in or improve the connection 
                        of electric power transmission facilities 
                        serving the Indian tribe with other electric 
                        transmission facilities;
                            ``(iv) improve the forest health or 
                        watersheds of Federal land or Indian forest 
                        land or rangeland;
                            ``(v) demonstrate new investments in 
                        infrastructure; or
                            ``(vi) otherwise promote the use of woody 
                        biomass; and
            ``(2) exclude from consideration any merchantable logs that 
        have been identified by the Secretary for commercial sale.
    ``(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 into the contract or 
agreement, 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.''.
    (c) Alaska Native Corporation Biomass Demonstration Project.--
            (1) Definitions.--In this subsection:
                    (A) Alaska native corporation.--The term ``Alaska 
                Native corporation'' has the meaning given the term 
                ``Native Corporation'' in section 3 of the Alaska 
                Native Claims Settlement Act (43 U.S.C. 1602).
                    (B) Federal land.--The term ``Federal land'' 
                means--
                            (i) land of the National Forest System (as 
                        defined in section 11(a) of the Forest and 
                        Rangeland Renewable Resources Planning Act of 
                        1974 (16 U.S.C. 1609(a)) administered by the 
                        Secretary of Agriculture, acting through the 
                        Chief of the Forest Service; and
                            (ii) public lands (as defined in section 
                        103 of the Federal Land Policy Management Act 
                        of 1976 (43 U.S.C. 1702)), the surface of which 
                        is administered by the Secretary of the 
                        Interior, acting through the Director of the 
                        Bureau of Land Management.
                    (C) Forest land.--The term ``forest land'' means 
                land that--
                            (i) is conveyed to an Alaska Native 
                        corporation pursuant to the Alaska Native 
                        Claims Settlement Act (43 U.S.C. 1601 et seq.); 
                        and
                            (ii)(I) is considered chiefly valuable for 
                        the production of forest products or to 
                        maintain watershed or other land values 
                        enhanced by a forest cover (including 
                        commercial and noncommercial timberland and 
                        woodland), regardless of whether a formal 
                        inspection and land classification action has 
                        been taken; or
                            (II) formerly had a forest or vegetative 
                        cover that is capable of restoration.
                    (D) Secretary.--The term ``Secretary'' means--
                            (i) the Secretary of Agriculture, with 
                        respect to land under the jurisdiction of the 
                        Forest Service; and
                            (ii) the Secretary of the Interior, with 
                        respect to land under the jurisdiction of the 
                        Bureau of Land Management.
            (2) Agreements.--For each of fiscal years 2013 through 
        2017, the Secretary shall enter into a stewardship contract or 
        similar agreement (excluding a direct service contract) with 1 
        or more Alaska Native corporations to carry out a demonstration 
        project to promote biomass energy production (including 
        biofuel, heat, and electricity generation) on forest land of 
        the Alaska Native corporations and in nearby communities by 
        providing reliable supplies of woody biomass from Federal land.
            (3) Demonstration projects.--In each fiscal year for which 
        projects are authorized, at least 1 new demonstration project 
        that meets the eligibility criteria described in paragraph (4) 
        shall be carried out under contracts or agreements described in 
        paragraph (2).
            (4) Eligibility criteria.--To be eligible to enter into a 
        contract or agreement under this subsection, an Alaska Native 
        corporation shall submit to the Secretary an application--
                    (A) containing such information as the Secretary 
                may require; and
                    (B) that includes a description of--
                            (i) the forest land or rangeland under the 
                        jurisdiction of the Alaska Native corporation; 
                        and
                            (ii) the demonstration project proposed to 
                        be carried out by the Alaska Native 
                        corporation.
            (5) Selection.--In evaluating the applications submitted 
        under paragraph (4), the Secretary shall--
                    (A) take into consideration whether a proposed 
                project would--
                            (i) increase the availability or 
                        reliability of local or regional energy;
                            (ii) enhance the economic development of 
                        the Alaska Native corporation;
                            (iii) result in or improve the connection 
                        of electric power transmission facilities 
                        serving the Alaska Native corporation with 
                        other electric transmission facilities;
                            (iv) improve the forest health or 
                        watersheds of Federal land or Alaska Native 
                        corporation forest land or rangeland;
                            (v) demonstrate new investments in 
                        infrastructure; or
                            (vi) otherwise promote the use of woody 
                        biomass; and
                    (B) exclude from consideration any merchantable 
                logs that have been identified by the Secretary for 
                commercial sale.
            (6) Implementation.--The Secretary shall--
                    (A) ensure that the criteria described in paragraph 
                (4) are publicly available by not later than 120 days 
                after the date of enactment of this subsection; and
                    (B) to the maximum extent practicable, consult with 
                Alaska Native corporations and appropriate Alaska 
                Native organizations likely to be affected in 
                developing the application and otherwise carrying out 
                this subsection.
            (7) Report.--Not later than September 20, 2015, the 
        Secretary shall submit to Congress a report that describes, 
        with respect to the reporting period--
                    (A) each individual application received under this 
                subsection; and
                    (B) each contract and agreement entered into 
                pursuant to this subsection.
            (8) Term.--A contract or agreement entered into under this 
        subsection--
                    (A) shall be for a term of not more than 20 years; 
                and
                    (B) may be renewed in accordance with this 
                subsection for not more than an additional 10 years.

SEC. 203. WEATHERIZATION PROGRAM.

    Section 413(d) of the Energy Conservation and Production Act (42 
U.S.C. 6863(d)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Reservation of amounts.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                notwithstanding any other provision of this part, the 
                Secretary shall reserve from amounts that would 
                otherwise be allocated to a State under this part not 
                less than 100 percent, but not more than 150 percent, 
                of an amount which bears the same proportion to the 
                allocation of that State for the applicable fiscal year 
                as the population of all low-income members of an 
                Indian tribe in that State bears to the population of 
                all low-income individuals in that State.
                    ``(B) Restrictions.--Subparagraph (A) shall apply 
                only if--
                            ``(i) the tribal organization serving the 
                        low-income members of the applicable Indian 
                        tribe requests that the Secretary make a grant 
                        directly; and
                            ``(ii) the Secretary determines that the 
                        low-income members of the applicable Indian 
                        tribe would be equally or better served by 
                        making a grant directly than a grant made to 
                        the State in which the low-income members 
                        reside.'';
            (2) in paragraph (2)--
                    (A) by striking ``The sums'' and inserting 
                ``Administration.--The amounts'';
                    (B) by striking ``on the basis of his 
                determination'';
                    (C) by striking ``individuals for whom such a 
                determination has been made'' and inserting ``low-
                income members of the Indian tribe''; and
                    (D) by striking ``he'' and inserting ``the 
                Secretary''; and
            (3) in paragraph (3), by striking ``In order'' and 
        inserting ``Application.--In order''.

SEC. 204. 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. 2607. APPRAISALS.

    ``(a) In General.--For any transaction that requires approval of 
the Secretary and involves mineral or energy resources held in trust by 
the United States for the benefit of an Indian tribe or by an Indian 
tribe subject to Federal restrictions against alienation, any appraisal 
relating to fair market value of those resources required to be 
prepared under applicable law may be prepared 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 45 days 
after the date on which the Secretary receives an appraisal prepared by 
or for an Indian tribe under paragraph (2) or (3) of subsection (a), 
the Secretary shall--
            ``(1) review the appraisal; and
            ``(2) approve the appraisal unless the Secretary determines 
        that the appraisal fails to meet the standards set forth in 
        regulations promulgated under subsection (d).
    ``(c) Notice of Disapproval.--If the Secretary determines that an 
appraisal submitted for approval under subsection (b) should be 
disapproved, the Secretary shall give written notice of the disapproval 
to the Indian tribe and a description of--
            ``(1) each reason for the disapproval; and
            ``(2) how the appraisal should be corrected or otherwise 
        cured to meet the applicable standards set forth in the 
        regulations promulgated under subsection (d).
    ``(d) Regulations.--The Secretary shall promulgate regulations to 
carry out this section, including standards the Secretary shall use for 
approving or disapproving the appraisal described in subsection (a).''.

SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION.

    (a) In General.--Subsection (e)(1) of the first section of the Act 
of August 9, 1955 (commonly known as the ``Long-Term Leasing Act'') (25 
U.S.C. 415(e)(1)), is amended--
            (1) by striking ``, except a lease for'' and inserting ``, 
        including a lease for'';
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) in the case of a business or agricultural 
                lease, 99 years;'';
            (3) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(C) in the case of a lease for the exploration, 
                development, or extraction of any mineral resource 
                (including geothermal resources), 25 years, except 
                that--
                            ``(i) any such lease may include an option 
                        to renew for 1 additional term of not to exceed 
                        25 years; and
                            ``(ii) any such lease for the exploration, 
                        development, or extraction of an oil or gas 
                        resource shall be for a term of not to exceed 
                        10 years, plus such additional period as the 
                        Navajo Nation determines to be appropriate in 
                        any case in which an oil or gas resource is 
                        produced in a paying quantity.''.
    (b) GAO Report.--Not later than 5 years after the date of enactment 
of this Act, the Comptroller General of the United States shall prepare 
and submit to Congress a report describing the progress made in 
carrying out the amendment made by subsection (a)(4).
                                                       Calendar No. 575

112th CONGRESS

  2d Session

                                S. 1684

                          [Report No. 112-263]

_______________________________________________________________________

                                 A BILL

 To amend the Indian Tribal Energy Development and Self-Determination 
                  Act of 2005, and for other purposes.

_______________________________________________________________________

                           December 21, 2012

                        Reported with amendments