[Congressional Record Volume 149, Number 35 (Wednesday, March 5, 2003)]
[Senate]
[Pages S3172-S3175]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Domenici):
  S. 522. A bill to amend the Energy Policy Act of 1992 to assist 
Indian tribes in developing energy resources, and for other purposes; 
to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to introduce the 
Native American Energy Development and Self-Determination Act of 2003.
  Our Nation is about to be embroiled in war in the Middle East and the 
markets are anxious about the military action. As a result, world oil 
prices are soaring and now are nearly $40 per barrel.
  The economic repercussions to everyday Americans of high oil prices 
cannot be overlooked. Industries reliant on cheap energy will contract 
and people will lose their jobs.
  The single working mom who commutes and delivers her child to daycare 
will be paying much higher prices at the pump. Shoes for her kids and 
payments into the college fund will have to wait.
  The family-owned construction firm will be forced to let people go. 
Families will be disrupted.
  One obvious answer to our energy future is in more vigorous domestic 
production.
  For far too long Indian-owned energy resources have been overlooked 
and untapped.
  There are nearly 90 tribes that own significant energy resources--
both renewable and nonrenewable--and with rare exception these tribes 
want to develop them.
  The Interior Department estimates that 25 percent of oil and less 
than 20 percent of natural gas reserves on Indian land have been 
developed.
  The bill I am introducing will provide financial assistance, 
technical expertise, and regulatory relief to the tribes in their 
efforts to manage and market their resources.
  I urge my colleagues to join me in supporting this bill.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 522

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. INDIAN ENERGY.

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

                      ``TITLE XXVI--INDIAN ENERGY

     ``SEC. 2601. FINDINGS; PURPOSES.

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

     ``SEC. 2602. DEFINITIONS.

       ``In this title:
       ``(1) Commission.--The term `Commission' means the Indian 
     Energy Resource Commission established by section 2606(a).
       ``(2) Director--The term `Director' means the Director of 
     the Office of Indian Energy Policy and Programs.
       ``(3) Indian.--The term `Indian' means an individual member 
     of an Indian tribe who owns land or an interest in land, the 
     title to which land--
       ``(A) is held in trust by the United States; or
       ``(B) is subject to a restriction against alienation 
     imposed by the United States.
       ``(4) Indian land.--The term `Indian land' means--
       ``(A) any land located within the boundaries of an Indian 
     reservation, pueblo, or rancheria;
       ``(B) any land not located within the boundaries of an 
     Indian reservation, pueblo, or rancheria, the title to which 
     is held--

[[Page S3173]]

       ``(i) in trust by the United States for the benefit of an 
     Indian tribe;
       ``(ii) by an Indian tribe, subject to restriction by the 
     United States against alienation; or
       ``(iii) by a dependent Indian community; and
       ``(C) land conveyed to a Native Corporation under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
       ``(5) Indian reservation.--The term `Indian reservation' 
     includes--
       ``(A) an Indian reservation in existence as of the date of 
     enactment of this paragraph;
       ``(B) a public domain Indian allotment;
       ``(C) a former reservation in the State of Oklahoma;
       ``(D) a parcel of land owned by a Native Corporation under 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.); and
       ``(E) a dependent Indian community located within the 
     borders of the United States, regardless of whether the 
     community is located--
       ``(i) on original or acquired territory of the community; 
     or
       ``(ii) within or outside the boundaries of any particular 
     State.
       ``(6) Indian tribe.--The term `Indian tribe' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       ``(7) Native corporation.--The term `Native Corporation' 
     has the meaning given the term in section 3 of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1602).
       ``(8) Program.--The term `Program' means the Indian energy 
     resource development program established under section 
     2603(a).
       ``(9) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(10) Tribal consortium.--The term `tribal consortium' 
     means an organization that consists of at least 3 entities, 1 
     of which is an Indian tribe.
       ``(11) Vertical integration of energy resources.--The term 
     `vertical integration of energy resources' means--
       ``(A) the discovery and development of renewable and 
     nonrenewable energy resources;
       ``(B) electricity transmission; and
       ``(C) any other activity that is carried out to achieve the 
     purposes of this title, as determined by the Secretary.

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

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

     ``SEC. 2604. INDIAN TRIBAL RESOURCE REGULATION.

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

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

       ``(a) In General.--Notwithstanding any other provision of 
     law--
       ``(1) an Indian or Indian tribe may enter into a lease or 
     business agreement for the purpose of energy development, 
     including a lease or business agreement for--
       ``(A) exploration for, extraction of, processing of, or 
     other development of energy resources; and
       ``(B) construction or operation of--
       ``(i) an electric generation, transmission, or distribution 
     facility located on tribal land; or
       ``(ii) a facility to process or refine energy resources 
     developed on tribal land; and
       ``(2) a lease or business agreement described in paragraph 
     (1) shall not require the approval of the Secretary if--
       ``(A) the lease or business agreement is executed under 
     tribal regulations approved by the Secretary under subsection 
     (e); and
       ``(B) the term of the lease or business agreement does not 
     exceed 30 years.
       ``(b) Rights-of-Way for Pipelines or Electric Transmission 
     or Distribution Lines.--An Indian tribe may grant a right-of-
     way over the tribal land of the Indian tribe for a pipeline 
     or an electric transmission or distribution line without 
     specific approval by the Secretary if--
       ``(1) the right-of-way is executed under and complies with 
     tribal regulations approved by the Secretary under subsection 
     (e);
       ``(2) the term of the right-of-way does not exceed 30 
     years; and
       ``(3) the pipeline or electric transmission or distribution 
     line serves--
       ``(A) an electric generation, transmission, or distribution 
     facility located on tribal land; or
       ``(B) a facility located on tribal land that processes or 
     refines renewable or nonrenewable energy resources developed 
     on tribal land.
       ``(c) Renewals.--A lease or business agreement entered into 
     or a right-of-way granted by an Indian tribe under this 
     section may be renewed at the discretion of the Indian tribe 
     in accordance with this section.
       ``(d) Validity.--No lease, business agreement, or right-of-
     way under this section shall be valid unless the lease, 
     business agreement, or right-of-way is authorized in 
     accordance with tribal regulations approved by the Secretary 
     under subsection (e).
       ``(e) Tribal Regulatory Requirements.--
       ``(1) In general.--An Indian tribe may submit to the 
     Secretary for approval tribal regulations governing leases, 
     business agreements, and rights-of-way under this section.
       ``(2) Approval or disapproval.--
       ``(A) In general.--Not later than 120 days after the date 
     on which the Secretary receives tribal regulations submitted 
     by an Indian tribe under paragraph (1) (or such later date as 
     may be agreed to by the Secretary and the Indian tribe), the 
     Secretary shall approve or disapprove the regulations.
       ``(B) Conditions for approval.--The Secretary shall approve 
     tribal regulations submitted under paragraph (1) only if the 
     regulations include provisions that, with respect to a lease, 
     business agreement, or right-of-way under this section--
       ``(i) ensure the acquisition of necessary information from 
     the applicant for the lease, business agreement, or right-of-
     way;
       ``(ii) address the term of the lease or business agreement 
     or the term of conveyance of the right-of-way;
       ``(iii) address amendments and renewals;
       ``(iv) address consideration for the lease, business 
     agreement, or right-of-way;
       ``(v) address technical or other relevant requirements;
       ``(vi) establish requirements for environmental review in 
     accordance with subparagraph (C);
       ``(vii) ensure compliance with all applicable environmental 
     laws;
       ``(viii) identify final approval authority;
       ``(ix) provide for public notification of final approvals; 
     and
       ``(x) establish a process for consultation with any 
     affected States concerning potential off-reservation impacts 
     associated with the lease, business agreement, or right-of-
     way.
       ``(C) Environmental review process.--Tribal regulations 
     submitted under paragraph (1) shall establish, and include 
     provisions to ensure compliance with, an environmental review 
     process that, with respect to a lease, business agreement, or 
     right-of-way under this section, provides for--
       ``(i) the identification and evaluation of all significant 
     environmental impacts (as compared with a no-action 
     alternative);
       ``(ii) the identification of proposed mitigation;
       ``(iii) a process for ensuring that the public is informed 
     of and has an opportunity to comment on any proposed lease, 
     business agreement, or right-of-way before tribal approval of 
     the lease, business agreement, or right-of-way (or any 
     amendment to or renewal of a lease, business agreement, or 
     right-of-way); and
       ``(iv) sufficient administrative support and technical 
     capability to carry out the environmental review process.
       ``(3) Public participation.--The Secretary may provide 
     notice and opportunity for public comment on tribal 
     regulations submitted under paragraph (1).
       ``(4) Disapproval.--If the Secretary disapproves tribal 
     regulations submitted by an Indian tribe under paragraph (1), 
     the Secretary shall--
       ``(A) notify the Indian tribe in writing of the basis for 
     the disapproval;
       ``(B) identify what changes or other actions are required 
     to address the concerns of the Secretary; and
       ``(C) provide the Indian tribe with an opportunity to 
     revise and resubmit the regulations.
       ``(5) Execution of lease or business agreement or granting 
     of right-of-way.--

[[Page S3174]]

     If an Indian tribe executes a lease or business agreement or 
     grants a right-of-way in accordance with tribal regulations 
     approved under this subsection, the Indian tribe shall 
     provide to the Secretary--
       ``(A) a copy of the lease, business agreement, or right-of-
     way document (including all amendments to and renewals of the 
     document); and
       ``(B) in the case of tribal regulations or a lease, 
     business agreement, or right-of-way that permits payment to 
     be made directly to the Indian tribe, documentation of those 
     payments sufficient to enable the Secretary to discharge the 
     trust responsibility of the United States as appropriate 
     under applicable law.
       ``(6) Liability.--The United States shall not be liable for 
     any loss or injury sustained by any party (including an 
     Indian tribe or any member of an Indian tribe) to a lease, 
     business agreement, or right-of-way executed in accordance 
     with tribal regulations approved under this subsection.
       ``(7) Compliance review.--
       ``(A) In general.--After exhaustion of tribal remedies, any 
     person may submit to the Secretary, in a timely manner, a 
     petition to review compliance of an Indian tribe with tribal 
     regulations of the Indian tribe approved under this 
     subsection.
       ``(B) Action by secretary.--The Secretary shall--
       ``(i) not later than 60 days after the date on which the 
     Secretary receives a petition under subparagraph (A), review 
     compliance of an Indian tribe described in subparagraph (A); 
     and
       ``(ii) on completion of the review, if the Secretary 
     determines that an Indian tribe is not in compliance with 
     tribal regulations approved under this subsection, take such 
     action as is necessary to compel compliance, including--

       ``(I)(aa) rescinding a lease, business agreement, or right-
     of-way under this section; or
       ``(bb) suspending a lease, business agreement, or right-of-
     way under this section until an Indian tribe is in compliance 
     with tribal regulations; and
       ``(II) rescinding approval of the tribal regulations and 
     reassuming the responsibility for approval of leases, 
     business agreements, or rights-of-way associated with an 
     energy pipeline or distribution line described in subsection 
     (b).

       ``(C) Compliance.--If the Secretary seeks to compel 
     compliance of an Indian tribe with tribal regulations under 
     subparagraph (B)(ii), the Secretary shall--
       ``(i) make a written determination that describes the 
     manner in which the tribal regulations have been violated;
       ``(ii) provide the Indian tribe with a written notice of 
     the violation together with the written determination; and
       ``(iii) before taking any action described in subparagraph 
     (B)(ii) or seeking any other remedy, provide the Indian tribe 
     with a hearing and a reasonable opportunity to attain 
     compliance with the tribal regulations.
       ``(D) Appeal.--An Indian tribe described in subparagraph 
     (C) shall retain all rights to appeal as provided in 
     regulations promulgated by the Secretary.
       ``(f) Agreements.--
       ``(1) In general.--Any agreement by an Indian tribe that 
     relates to the development of an electric generation, 
     transmission, or distribution facility, or a facility to 
     process or refine renewable or nonrenewable energy resources 
     developed on tribal land, shall not require the specific 
     approval of the Secretary under section 2103 of the Revised 
     Statutes (25 U.S.C. 81) if the activity that is the subject 
     of the agreement is carried out in accordance with this 
     section.
       ``(2) Liability.--The United States shall not be liable for 
     any loss or injury sustained by any person (including an 
     Indian tribe or any member of an Indian tribe) resulting from 
     an action taken in performance of an agreement entered into 
     under this subsection.
       ``(g) No Effect on Other Law.--Nothing in this section 
     affects the application of any provision of--
       ``(1) the Act of May 11, 1938 (commonly known as the 
     `Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et 
     seq.);
       ``(2) the Indian Mineral Development Act of 1982 (25 U.S.C. 
     2101 et seq.);
       ``(3) the Surface Mining Control and Reclamation Act of 
     1977 (30 U.S.C. 1201 et seq.); or
       ``(4) any Federal environmental law.

     ``SEC. 2606. INDIAN ENERGY RESOURCE COMMISSION.

       ``(a) Establishment.--There is established a commission to 
     be known as the `Indian Energy Resource Commission'.
       ``(b) Members.--The Commission shall consist of--
       ``(1) 8 members appointed by the Secretary of Interior, 
     based on recommendations submitted by Indian tribes with 
     developable energy resources, at least 4 of whom shall be 
     elected tribal leaders;
       ``(2) 3 members appointed by the Secretary of Interior, 
     based on recommendations submitted by the Governors of States 
     in which are located--
       ``(A) 1 or more Indian reservations; or
       ``(B) Indian land with developable energy resources;
       ``(3) 2 members appointed by the Secretary of Interior from 
     among individuals in the private sector with expertise in 
     tribal and State taxation of energy resources;
       ``(4) 2 members appointed by the Secretary of Interior from 
     among individuals with expertise in oil and gas royalty 
     management administration, including auditing and accounting;
       ``(5) 2 members appointed by the Secretary of Interior from 
     among individuals in the private sector with expertise in 
     energy development;
       ``(6) 1 member appointed by the Secretary of Interior, 
     based on recommendations submitted by national environmental 
     organizations;
       ``(7) the Secretary of the Interior; and
       ``(8) the Secretary.
       ``(c) Appointments.--Members of the Commission shall be 
     appointed not later than 120 days after the date of enactment 
     of the Native American Energy Development and Self-
     Determination Act of 2003.
       ``(d) Vacancies.--A vacancy in the Commission--
       ``(1) shall be filled in the same manner as the original 
     appointment was made; and
       ``(2) shall not affect the powers of the Commission.
       ``(e) Chairperson.--The members of the Commission shall 
     elect a Chairperson from among the members of the Commission.
       ``(f) Quorum.--Eleven members of the Commission shall 
     constitute a quorum, but a lesser number may hold hearings 
     and convene meetings.
       ``(g) Organizational Meeting.--Not later than 30 days after 
     the date on which at least 11 members have been appointed to 
     the Commission, the Commission shall hold an organizational 
     meeting to establish the rules and procedures of the 
     Commission.
       ``(h) Compensation of Members.--
       ``(1) Non-federal employees.--A member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       ``(2) Federal employees.--A member of the Commission who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       ``(i) Travel Expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       ``(j) Staff.--
       ``(1) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws (including 
     regulations), appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Commission to perform the duties of the Commission.
       ``(2) Confirmation of executive director.--The employment 
     of an executive director shall be subject to confirmation by 
     the Commission.
       ``(3) Compensation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Chairperson of the Commission may fix the compensation of 
     the executive director and other personnel without regard to 
     the provisions of chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       ``(B) Maximum rate of pay.--The rate of pay for the 
     executive director and other personnel shall not exceed the 
     rate payable for level IV of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       ``(4) Experts and consultants.--With the approval of the 
     Commission, the executive director may retain and fix the 
     compensation of experts and consultants as the executive 
     director considered necessary to carry out the duties of the 
     Commission.
       ``(5) Detail of federal government employees.--
       ``(A) In general.--An employee of the Federal Government 
     may be detailed to the Commission without reimbursement.
       ``(B) Civil service status.--The detail of the employee 
     shall be without interruption or loss of civil service status 
     or privilege.
       ``(k) Duties of Commission.--The Commission shall--
       ``(1) develop proposals to address dual taxation by Indian 
     tribes and States of the extraction of energy minerals on 
     Indian land;
       ``(2) make recommendations to improve the management, 
     administration, accounting, and auditing of royalties 
     associated with the production of energy minerals on Indian 
     land;
       ``(3) develop alternatives for the collection and 
     distribution of royalties associated with the production of 
     energy minerals on Indian land;
       ``(4) develop proposals for incentives to foster the 
     development of energy resources on Indian land;
       ``(5) identify barriers or obstacles to the development of 
     energy resources on Indian land, and make recommendations 
     designed to foster the development of energy resources on 
     Indian land, in order to promote economic development;
       ``(6) develop proposals for the promotion of vertical 
     integration of energy resources on Indian land; and

[[Page S3175]]

       ``(7) develop proposals on taxation incentives to foster 
     the development of energy resources on Indian land, including 
     investment tax credits and enterprise zone credits.
       ``(l) Powers of Commission.--The Commission or, at the 
     direction of the Commission, any subcommittee or member of 
     the Commission, may, for the purpose of carrying out this 
     title--
       ``(1) hold such hearings, meet and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths;
       ``(2) secure directly from any Federal agency such 
     information; and
       ``(3) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials;
     as the Commission, subcommittee, or member considers 
     advisable.
       ``(m) Commission Report.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Native American Energy Development and Self-
     Determination Act of 2003, the Commission shall submit to the 
     President, the Committee on Resources of the House of 
     Representatives, and the Committee on Indian Affairs and the 
     Committee on Energy and Natural Resources of the Senate, a 
     report that describes the proposals, recommendations, and 
     alternatives described in subsection (k).
       ``(2) Review and comment.--Before submission of the report 
     required under this subsection, the Chairperson of the 
     Commission shall provide to each interested Indian tribe and 
     each State in which is located 1 or more Indian reservations 
     or Indian land with developable energy resources, a draft of 
     the report for review and comment.
       ``(n) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Commission such sums as 
     are necessary to carry out this section, to remain available 
     until expended.
       ``(o) Termination.--The Commission shall terminate 30 days 
     after the date of submission of the report under subsection 
     (m)(1).

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

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

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

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

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

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

     ``SEC. 2610. CONSULTATION WITH INDIAN TRIBES.

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