[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 245 Enrolled Bill (ENR)]

        S.245

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 An Act


 
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 2017''.
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.
Sec. 104. Technical assistance for Indian tribal governments.
Sec. 105. Conforming amendments.
Sec. 106. Report.

                   TITLE II--MISCELLANEOUS AMENDMENTS

Sec. 201. Issuance of preliminary permits or licenses.
Sec. 202. Tribal biomass demonstration project.
Sec. 203. Weatherization program.
Sec. 204. Appraisals.
Sec. 205. Leases of restricted lands for Navajo Nation.
Sec. 206. Extension of tribal lease period for the Crow Tribe of 
          Montana.
Sec. 207. Trust status of lease payments.

 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 2017, 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, or, if appropriate, lessee, 
        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 (including regulations), 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 for which the Indian tribe has 
            obtained a certification pursuant to subsection (h); 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;
        ``(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 for which the Indian tribe has obtained a 
        certification pursuant to subsection (h); 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) by striking paragraph (1) and inserting the following:
        ``(1) In general.--
            ``(A) Authorization.--On or after the date of enactment of 
        the Indian Tribal Energy Development and Self-Determination Act 
        Amendments of 2017, a qualified Indian tribe may submit to the 
        Secretary a tribal energy resource agreement governing leases, 
        business agreements, and rights-of-way under this section.
            ``(B) Notice of complete proposed agreement.--Not later 
        than 60 days after the date on which the tribal energy resource 
        agreement is submitted under subparagraph (A), the Secretary 
        shall--
                ``(i) notify the Indian tribe as to whether the 
            agreement is complete or incomplete;
                ``(ii) if the agreement is incomplete, notify the 
            Indian tribe of what information or documentation is needed 
            to complete the submission; and
                ``(iii) identify and notify the Indian tribe of the 
            financial assistance, if any, to be provided by the 
            Secretary to the Indian tribe to assist in the 
            implementation of the tribal energy resource agreement, 
            including the environmental review of individual projects.
            ``(C) Effect.--Nothing in this paragraph precludes the 
        Secretary from providing any financial assistance at any time 
        to the Indian tribe to assist in the implementation of the 
        tribal energy resource agreement.'';
            (B) 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 a qualified 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 a qualified 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 clause (ii) 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--
                ``(i) a provision of the tribal energy resource 
            agreement violates applicable Federal law (including 
            regulations) or a treaty applicable to the Indian tribe;
                ``(ii) the tribal energy resource agreement does not 
            include one or more provisions required under subparagraph 
            (D); or''; and

                    (II) in clause (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--'';
                        (bb) by striking subclauses (I), (II), (V), 
                    (VIII), and (XV);
                        (cc) by redesignating clauses (III), (IV), 
                    (VI), (VII), (IX) through (XIV), and (XVI) as 
                    clauses (I), (II), (III), (IV), (V) through (X), 
                    and (XI), respectively;
                        (dd) in item (bb) of subclause (XI) (as 
                    redesignated by item (cc))--
                            (AA) by striking ``or tribal''; and
                            (BB) by striking the period at the end and 
                        inserting a semicolon; and
                        (ee) by adding at the end the following:

                    ``(XII) include a certification by the Indian tribe 
                that the Indian tribe has--

                        ``(aa) carried out a contract or compact under 
                    title I or IV of the Indian Self-Determination and 
                    Education Assistance Act (25 U.S.C. 5301 et seq.) 
                    for a period of not less than 3 consecutive years 
                    ending on the date on which the Indian tribe 
                    submits the application without material audit 
                    exception (or without any material audit exceptions 
                    that were not corrected within the 3-year period) 
                    relating to the management of tribal land or 
                    natural resources; or
                        ``(bb) substantial experience in the 
                    administration, review, or evaluation of energy 
                    resource leases or agreements or has otherwise 
                    substantially participated in the administration, 
                    management, or development of energy resources 
                    located on the tribal land of the Indian tribe; and

                    ``(XIII) at the option of the Indian tribe, 
                identify which functions, if any, authorizing any 
                operational or development activities pursuant to a 
                lease, right-of-way, or business agreement approved by 
                the Indian tribe, that the Indian tribe intends to 
                conduct.'';

                (iii) in subparagraph (C)--

                    (I) by striking clauses (i) and (ii);
                    (II) by redesignating clauses (iii) through (v) as 
                clauses (ii) through (iv), respectively; and
                    (III) by inserting before clause (ii) (as 
                redesignated by subclause (II)) the following:

                ``(i) a process for ensuring that--

                    ``(I) the public is informed of, and has reasonable 
                opportunity to comment on, any significant 
                environmental impacts of the proposed action; and
                    ``(II) the Indian tribe provides responses to 
                relevant and substantive public comments on any impacts 
                described in subclause (I) before the Indian tribe 
                approves the lease, business agreement, or right-of-
                way;'';

                (iv) in subparagraph (D)(ii), by striking 
            ``subparagraph (B)(iii)(XVI)'' and inserting ``subparagraph 
            (B)(iv)(XI)''; and
                (v) by adding at the end the following:
            ``(F) Effective period.--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).'';
            (C) 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.'';
            (D) 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.'';

            (E) 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.'';
            (F) in paragraph (8)--
                (i) by striking subparagraph (A);
                (ii) by redesignating subparagraphs (B) through (D) as 
            subparagraphs (A) through (C), respectively; and
                (iii) in subparagraph (A) (as redesignated by clause 
            (ii))--

                    (I) in clause (i), by striking ``and'' at the end;
                    (II) in clause (ii), by adding ``and'' after the 
                semicolon; and
                    (III) by adding at the end the following:

                ``(iii) amend an approved tribal energy resource 
            agreement to assume authority for approving leases, 
            business agreements, or rights-of-way for development of 
            another energy resource that is not included in an approved 
            tribal energy resource agreement without being required to 
            apply for a new tribal energy resource agreement;'' and
            (G) by adding at the end the following:
        ``(9) Effect.--Nothing in this section authorizes the Secretary 
    to deny a tribal energy resource agreement or any amendment to a 
    tribal energy resource agreement, or to limit the effect or 
    implementation of this section, due to lack of promulgated 
    regulations.'';
        (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 2017.
            ``(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 2017;
                ``(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 2017, 
    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. 5301 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;
            ``(ii)(I) the majority of the interest in the tribal energy 
        development organization is owned and controlled by the Indian 
        tribe (or the Indian tribe and one or more other Indian tribes) 
        the tribal land of which is being developed; and
            ``(II) the organizing document of the tribal energy 
        development organization requires that the Indian tribe with 
        jurisdiction over the land maintain at all times the 
        controlling interest in the tribal energy development 
        organization;
            ``(iii) the organizing document of the tribal energy 
        development organization requires that the Indian tribe (or the 
        Indian tribe and one or more other Indian tribes) the tribal 
        land of which is being developed own and control at all times a 
        majority of the interest in the tribal energy development 
        organization; and
            ``(iv) the organizing document of the tribal energy 
        development organization includes a statement that the 
        organization shall be subject to the jurisdiction, laws, and 
        authority of the Indian tribe.
        ``(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, laws, 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 one or more other 
            Indian tribes) the tribal land of which is being developed;
                ``(iii) the organizing document of the tribal energy 
            development organization requires that the Indian tribe 
            with jurisdiction over the land maintain at all times the 
            controlling interest in the tribal energy development 
            organization;
                ``(iv) the organizing document of the tribal energy 
            development organization requires that the Indian tribe (or 
            the Indian tribe and one or more other Indian tribes the 
            tribal land of which is being developed) own and control at 
            all times a majority of the interest in the tribal energy 
            development organization; and
                ``(v) 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 2017, the Secretary shall promulgate or update any 
regulations that are necessary to implement this section, including 
provisions to implement--
        (1) section 2604(e)(8) of the Energy Policy Act of 1992 (25 
    U.S.C. 3504(e)(8)), including the process to be followed by an 
    Indian tribe amending an existing tribal energy resource agreement 
    to assume authority for approving leases, business agreements, or 
    rights-of-way for development of an energy resource that is not 
    included in the tribal energy resource agreement;
        (2) 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
        (3) 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.
    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. 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--
        (1) by redesignating paragraphs (9) through (12) as paragraphs 
    (10) through (13), respectively;
        (2) by inserting after paragraph (8) the following:
        ``(9) The term `qualified Indian tribe' means an Indian tribe 
    that has--
            ``(A) carried out a contract or compact under title I or IV 
        of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 5301 et seq.) for a period of not less than 3 
        consecutive years ending on the date on which the Indian tribe 
        submits the application without material audit exception (or 
        without any material audit exceptions that were not corrected 
        within the 3-year period) relating to the management of tribal 
        land or natural resources; or
            ``(B) substantial experience in the administration, review, 
        or evaluation of energy resource leases or agreements or has 
        otherwise substantially participated in the administration, 
        management, or development of energy resources located on the 
        tribal land of the Indian tribe.''; and
        (3) by striking paragraph (12) (as redesignated by paragraph 
    (1)) and inserting the following:
        ``(12) 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 Act of June 18, 1934 (25 U.S.C. 5124) 
        (commonly known as the ``Indian Reorganization Act'') or 
        section 3 of the Act of June 26, 1936 (49 Stat. 1967, chapter 
        831) (commonly known as the `Oklahoma Indian Welfare Act')); 
        and
            ``(B) any organization of two or more entities, at least 
        one 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 the term 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 (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'';
        (2) in paragraph (4), by striking ``(4) If the Secretary'' and 
    inserting the following:
        ``(4) Action in case of disapproval.--If the Secretary'';
        (3) 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'';
        (4) 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
        (5) 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)''.

    SEC. 106. REPORT.
    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of the Interior shall submit to 
the Committee on Indian Affairs of the Senate and the Committee on 
Natural Resources of the House of Representatives a report that details 
with respect to activities for energy development on Indian land, how 
the Department of the Interior--
        (1) processes and completes the reviews of energy-related 
    documents in a timely and transparent manner;
        (2) monitors the timeliness of agency review for all energy-
    related documents;
        (3) maintains databases to track and monitor the review and 
    approval process for energy-related documents associated with 
    conventional and renewable Indian energy resources that require 
    Secretarial approval prior to development, including--
            (A) any seismic exploration permits;
            (B) permission to survey;
            (C) archeological and cultural surveys;
            (D) access permits;
            (E) environmental assessments;
            (F) oil and gas leases;
            (G) surface leases;
            (H) rights-of-way agreements; and
            (I) communitization agreements;
        (4) identifies in the databases--
            (A) the date lease applications and permits are received by 
        the agency;
            (B) the status of the review;
            (C) the date the application or permit is considered 
        complete and ready for review;
            (D) the date of approval; and
            (E) the start and end dates for any significant delays in 
        the review process;
        (5) tracks in the databases, for all energy-related leases, 
    agreements, applications, and permits that involve multiple agency 
    review--
            (A) the dates documents are transferred between agencies;
            (B) the status of the review;
            (C) the date the required reviews are completed; and
            (D) the date interim or final decisions are issued.
    (b) Inclusions.--The report under subsection (a) shall include--
        (1) a description of any intermediate and final deadlines for 
    agency action on any Secretarial review and approval required for 
    Indian conventional and renewable energy exploration and 
    development activities;
        (2) a description of the existing geographic database 
    established by the Bureau of Indian Affairs, explaining--
            (A) how the database identifies--
                (i) the location and ownership of all Indian oil and 
            gas resources held in trust;
                (ii) resources available for lease; and
                (iii) the location of--

                    (I) any lease of land held in trust or restricted 
                fee on behalf of any Indian tribe or individual Indian; 
                and
                    (II) any rights-of-way on that land in effect;

            (B) how the information from the database is made available 
        to--
                (i) the officials of the Bureau of Indian Affairs with 
            responsibility over the management and development of 
            Indian resources; and
                (ii) resource owners; and
            (C) any barriers to identifying the information described 
        in subparagraphs (A) and (B) or any deficiencies in that 
        information; and
        (3) an evaluation of--
            (A) the ability of each applicable agency to track and 
        monitor the review and approval process of the agency for 
        Indian energy development; and
            (B) the extent to which each applicable agency complies 
        with any intermediate and final deadlines.

                   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 2017; 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 
    2017.
    (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. 5304).
    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 (25 U.S.C. 3115a et seq.) 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 2017 through 2021, 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, 2019, 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 Biomass Demonstration Project.--
        (1) Definitions.--In this subsection:
            (A) Federal land.--The term ``Federal land'' means--
                (i) land of the National Forest System (as defined in 
            section 11(a) of the Forest and Rangeland Renewable 
            Resources Planning Act of 1974 (16 U.S.C. 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 and 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.
            (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. 5304).
            (C) 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.
            (D) Tribal organization.--The term ``tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
        (2) Agreements.--For each of fiscal years 2017 through 2021, 
    the Secretary shall enter into an agreement or contract with an 
    Indian tribe or a tribal organization to carry out a demonstration 
    project to promote biomass energy production (including biofuel, 
    heat, and electricity generation) 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 Indian tribe or 
    tribal organization shall submit to the Secretary an application--
            (A) containing such information as the Secretary may 
        require; and
            (B) that includes a description of the demonstration 
        project proposed to be carried out by the Indian tribe or 
        tribal organization.
        (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 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 non-Federal land;
                (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 Indian 
        tribes and appropriate tribal organizations likely to be 
        affected in developing the application and otherwise carrying 
        out this subsection.
        (7) Report.--Not later than September 20, 2019, 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.
            ``(C) Presumption.--If the tribal organization requesting 
        the grant is a tribally designated housing entity (as defined 
        in section 4 of the Native American Housing Assistance and 
        Self-Determination Act of 1996 (25 U.S.C. 4103)) that has 
        operated without material audit exceptions (or without any 
        material audit exceptions that were not corrected within a 3-
        year period), the Secretary shall presume that the low-income 
        members of the applicable Indian tribe would be equally or 
        better served by making a grant directly to the tribal 
        organization than by a grant made to the State in which the 
        low-income members reside.'';
        (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).
    SEC. 206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE CROW TRIBE OF 
      MONTANA.
    Subsection (a) of the first section of the Act of August 9, 1955 
(25 U.S.C. 415(a)), is amended in the second sentence by inserting ``, 
land held in trust for the Crow Tribe of Montana'' after ``Devils Lake 
Sioux Reservation''.
    SEC. 207. TRUST STATUS OF LEASE PAYMENTS.
    (a) Definition of Secretary.--In this section, the term 
``Secretary'' means the Secretary of the Interior.
    (b) Treatment of Lease Payments.--
        (1) In general.--Except as provided in paragraph (2) and at the 
    request of the Indian tribe or individual Indian, any advance 
    payments, bid deposits, or other earnest money received by the 
    Secretary in connection with the review and Secretarial approval 
    under any other Federal law (including regulations) of a sale, 
    lease, permit, or any other conveyance of any interest in any trust 
    or restricted land of any Indian tribe or individual Indian shall, 
    upon receipt and prior to Secretarial approval of the contract or 
    conveyance instrument, be held in the trust fund system for the 
    benefit of the Indian tribe and individual Indian from whose land 
    the funds were generated.
        (2) Restriction.--If the advance payment, bid deposit, or other 
    earnest money received by the Secretary results from competitive 
    bidding, upon selection of the successful bidder, only the funds 
    paid by the successful bidder shall be held in the trust fund 
    system.
    (c) Use of Funds.--
        (1) In general.--On the approval of the Secretary of a contract 
    or other instrument for a sale, lease, permit, or any other 
    conveyance described in subsection (b)(1), the funds held in the 
    trust fund system and described in subsection (b), along with all 
    income generated from the investment of those funds, shall be 
    disbursed to the Indian tribe or individual Indian landowners.
        (2) Administration.--If a contract or other instrument for a 
    sale, lease, permit, or any other conveyance described in 
    subsection (b)(1) is not approved by the Secretary, the funds held 
    in the trust fund system and described in subsection (b), along 
    with all income generated from the investment of those funds, shall 
    be paid to the party identified in, and in such amount and on such 
    terms as set out in, the applicable regulations, advertisement, or 
    other notice governing the proposed conveyance of the interest in 
    the land at issue.
    (d) Applicability.--This section shall apply to any advance 
payment, bid deposit, or other earnest money received by the Secretary 
in connection with the review and Secretarial approval under any other 
Federal law (including regulations) of a sale, lease, permit, or any 
other conveyance of any interest in any trust or restricted land of any 
Indian tribe or individual Indian on or after the date of enactment of 
this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.