[Congressional Record Volume 160, Number 42 (Thursday, March 13, 2014)]
[Senate]
[Pages S1657-S1658]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BARRASSO (for himself, Mr. Hoeven, Mr. McCain, Mr. Thune, 
        and Mr. Enzi):
  S. 2132. 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 S. 2132, the 
Indian Tribal Energy Development and Self-Determination Act Amendments 
of 2014.
  In recent years, the Committee on Indian Affairs has received 
concerns from Indian tribes and the energy industry that the Federal 
laws governing the development of tribal energy resources are complex 
and often lead to significant costs, delays, and uncertainty for all 
parties. These costs, delays, and uncertainties discourage development 
of tribal energy resources and drive investments away from tribal 
lands.
  According to the National Congress of American Indians, Indian tribes 
hold nearly a quarter of American onshore oil and gas reserves. Yet, 
existing tribal energy production represents less than 5 percent of the 
current national production. If we can remove the costs and delays of 
developing energy on Indian lands, we could potentially see the 
country's energy production, and thus energy independence, increase 
significantly.
  Over 8 years ago, Congress passed the Indian Tribal Energy 
Development and Self-Determination Act. This act created a new, 
alternative process for Indian tribes to take control of developing 
their energy resources on their own lands without the burdens of 
administrative review, approval, and oversight. This approach gives 
Indian tribes the option to enter into tribal energy resource 
agreements with the Secretary of the Interior. Once an Indian tribe 
enters into this agreement, it has the authority to enter into 
subsequent leases, business agreements, and rights-of-way affecting 
energy development, without further review and approval by the 
Secretary--a significant departure from the standard laws, and 
consequent bureaucracy, applicable to tribal contracts. That approach 
was a step in the right direction.
  However, the agreements and process authorized under the Indian 
Tribal Energy Development and Self-Determination Act have not been 
utilized to the extent that they could be, primarily because the 
implementation of the act has been made more complex than it should be. 
It is time we make key improvements to the law so that Indian tribes 
can take advantage of these agreements and significantly reduce 
bureaucratic burdens to energy development. Years of consultation and 
outreach to Indian tribes have produced targeted solutions to address 
the concerns about the process for entering these agreements.
  The bill that I am introducing today, S. 2132, would streamline the 
process for approving the tribal energy resource agreements and make it 
more predictable for Indian tribes.
  I would like to highlight some of the key provisions in this bill. 
This bill includes a number of amendments to improve the review and 
approval process for the tribal energy resource agreements. For 
example, the bill provides clarity regarding the specific information 
required for tribal applications for these agreements. In addition, the 
bill sets forth specific timeframes for Secretarial determinations on 
the agreement applications. Moreover, if an application is disapproved, 
this bill would require the Secretary of the Interior to provide 
detailed explanations to the Indian tribe and steps for addressing the 
reasons for disapproval.
  This bill also has various provisions that would improve technical 
assistance and consultation with Indian tribes during their energy 
planning and development stages. The bill also includes an amendment to 
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 for hydroelectric projects are issued.
  Additionally, S. 2132 would allow Indian tribes and third parties to 
perform appraisals to help expedite the Secretary's approval process 
for tribal agreements for mineral resource development. This bill does 
not focus on only traditional resource development,

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but includes renewal resource development components as well. For 
example, the bill would create tribal biomass demonstration projects to 
provide Indian tribes with more reliable and potentially longterm 
supplies of woody biomass materials.
  My bill is intended to provide Indian tribes with the tools to 
develop and use energy more efficiently. In passing this bill, Congress 
will enhance the ability of Indian tribes to exercise self-
determination over the development of energy resources located on 
tribal lands, thereby improving the lives and economic well-being of 
Native Americans.
  Before I conclude, I would like to thank Senators Enzi, Thune, 
Hoeven, and McCain for joining me in cosponsoring the Indian Tribal 
Energy Development and Self-Determination Act Amendments of 2014. I 
urge my colleagues to join me in advancing S. 2132 expeditiously.
                                 ______