[Congressional Record Volume 157, Number 152 (Wednesday, October 12, 2011)]
[Senate]
[Page S6463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BARRASSO (for himself, Mr. Akaka, Mr. McCain, and Mr. 
        Hoeven):
  S. 1684. A bill to amend the Indian Tribal Energy Development and 
Self-Determination Act of 2005, and for other purposes; to the 
Committee on Indian Affairs.
  Mr. BARRASSO. Mr. President, I rise today to introduce the Indian 
Tribal Energy Development and Self-Determination Act Amendments of 
2011. For far too long, bureaucratic red tape has prevented Indian 
tribes from pursuing economic development opportunities on tribal trust 
lands, including energy development. For years, Indian tribes have 
expressed concerns about how Federal laws and regulations governing the 
management of trust resources, including energy resources, create 
significant delays and uncertainty in development proposals.
  This bill represents an effort to deal with some of those concerns, 
and for the Record I would like to highlight some of its provisions. 
The Energy Policy Act of 2005 included an Indian Energy title--Title 
V--that, in significant part, attempts to deal with these delays and 
uncertainties that are inherent in the Bureau of Indian Affairs' energy 
leasing process, by providing Indian tribes with an alternative way to 
develop their energy resources. However, more than 6 years after the 
enactment of that act, it appears that no tribe has yet availed itself 
of the new energy development process authorized in the 2005 Act.
  This bill includes a number of amendments to the alternative process 
established back in 2005, all of which are intended to facilitate the 
use of that section--to make the process easier for Indian tribes to 
follow and more predictable--be clearing away some of the red tape and 
other impediments.
  Another amendment to this process would provide the Indian tribes 
with some funding to implement the processes authorized under the 2005 
Energy Policy Act, in a way that should not increase the cost of the 
program. What this amendment would do is require the Secretary to 
provide funding to the tribe for its energy development activities in 
an amount equal any savings that the United States might realize as a 
result of the Indian tribe pursing this process, since the Indian tribe 
would be performing many functions itself rather than the Bureau of 
Indian Affairs. The bill requires the Secretary to identify the savings 
to the United States and make that amount available to the Indian tribe 
in a separate funding agreement.
  The ultimate goal of these amendments is to facilitate economic 
development, provide Indian people with an opportunity to make a good 
living, and give the tribes greater control over the management and 
development of their own trust resources.
  There are other energy-related issues addressed in this bill as well. 
There is an amendment to section 201 of the Federal Power Act that 
would put Indian tribes on a similar footing with States and 
municipalities for preferences when preliminary permits or original 
licenses, where no preliminary permit has been issued, for 
hydroelectric projects. However, this provision does not affect any 
preliminary permit or original license issued before the bill's 
enactment date or any application for an original license where no 
preliminary permit has been issued that was complete before the date of 
enactment of the bill.
  The bill would also authorize a ``biomass demonstration project'' for 
biomass energy production from Indian forest lands, rangelands and 
other Federal lands in accordance with program requirements developed 
by the Secretaries of Interior and Agriculture after consultation with 
Indian tribes. This amendment would promote the development of tribal 
biomass projects by providing them with more reliable and potentially 
long-term supplies of woody biomass materials.
  There are many other provisions of the Indian Tribal Energy 
Development and Self-Determination Act of 2011, but the foregoing items 
are among the more important. Before I conclude, I would like to thank 
Senator Akaka, the Chairman of the Committee on Indian Affairs, for his 
leadership on this issue and for agreeing to cosponsor this bill with 
me as well as the other Senators who have agreed to join as cosponsors.
  In closing, I urge my colleagues to help us expand economic 
opportunity on tribal trust lands by moving this act expeditiously.
  Mr. AKAKA. Mr. President, today I rise in support of the Indian 
Tribal Energy Development and Self-Determination Act Amendments of 
2011. I am proud to co-sponsor this bill introduced by my friend, 
colleague, and Vice Chairman of the Committee on Indian Affairs, 
Senator John Barrasso. I applaud his leadership and am proud to call 
him my full partner in our work on behalf of the Native peoples of the 
United States. Introduction of the Indian Tribal Energy Development and 
Self-Determination Act Amendments of 2011 is an important first step. I 
look forward to hearings on this measure and working with all of my 
colleagues to increase the ability of Native communities to develop 
energy resources on their lands and enhance self-determination.
  Indian lands hold great potential for traditional and renewable 
domestic energy production. Responsible development could help decrease 
our Nation's dependence on foreign energy sources and create much 
needed jobs in some of the most impoverished areas of the Nation. 
Today, Indian reservations make up approximately 5 percent of the 
United States land base, and it is estimated that those reservations 
contain about 10 percent of the country's energy resources. A number of 
Indian tribes are already working in the areas of traditional and 
renewable energy production, energy transmission, and energy planning. 
Yet, successfully tapping into the vast energy reserves in our Nation's 
Indian communities remains a difficult and complex task.
  It remains challenging for Indian tribes to develop adequate 
information about their energy resources, to obtain interconnection to 
the electric transmission grid, and to partner with private entities to 
engage in energy projects. Congress recognized the potential of tribes 
to develop energy sources on their lands by enacting tribal provisions 
in the Energy Policy Act of 2005. However, many of the programs and 
policies authorized by Title V of the act intended to benefit tribes 
have not been implemented or have only been partially implemented.
  The Committee on Indian Affairs has held a listening session, and we 
have solicited comments from stakeholders across the spectrum on the 
issue. Tribes have made it clear they wish to chart their own economic 
destinies, but that in order to do so modifications are needed to the 
Energy Policy Act of 2005. The legislation introduced today will 
address tribal concerns as well as private sector concerns and will 
help unlock the huge potential of Indian tribal energy development to 
create jobs, promote tribal self-determination, and decrease our 
dependence on foreign energy sources.
  This bill will set clear deadlines for Secretarial approval and 
streamline administrative processes related to tribal energy 
development which will help tribes and the United States ``win the 
future'' by enabling development of renewable energy sources from 
tribal lands.
  I encourage all of my colleagues to stand with me and Senator 
Barrasso in support of this legislative initiative.
                                 ______