[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 245 Engrossed in Senate (ES)]

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115th CONGRESS
  1st Session
                                 S. 245

_______________________________________________________________________

                                 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.

            Passed the Senate November 29, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                 S. 245

_______________________________________________________________________

                                 AN ACT

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