[Congressional Record Volume 161, Number 10 (Wednesday, January 21, 2015)]
[Senate]
[Pages S363-S364]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 97. Ms. HEITKAMP submitted an amendment to be proposed by her to
the bill S.1, supra; which was ordered to lie on the table, as follows:
At the appropriate place, insert the following:
SEC. _. INDIAN ENERGY OFFICE.
Section 2602(a) of the Energy Policy Act of 1992 (25 U.S.C.
3502(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Indian energy regulatory office.--
``(A) Establishment.--To assist the Secretary in carrying
out the Program, the Secretary shall establish within the
office of the Deputy Secretary an Indian Energy Regulatory
Office (referred to in this paragraph as the `Office'), to be
located in Denver, Colorado.
``(B) Existing resources.--The Office shall use the
existing resources of the Division of Energy and Mineral
Development of the Office of Indian Energy and Economic
Development.
``(C) Director.--The Office shall be led by a Director who
shall--
``(i) be compensated at a rate equal to that of level IV of
the Executive Schedule under section 5315 of title 5, United
States Code; and
``(ii) report directly to the Deputy Secretary.
``(D) Functions.--The Office shall serve as a new Regional
Office within the Bureau of Indian Affairs, which an energy-
producing Indian tribe may select to replace the existing
Regional Office of the Indian tribe--
``(i) notwithstanding any other law, to oversee,
coordinate, process and approve all Federal leases,
easements, rights-of-way, permits, policies, environmental
reviews, and any other authorities related to energy
development on Indian land;
``(ii)(I) to support review and evaluation by Agency
Offices of the Bureau of Indian Affairs and Indian tribes
of--
[[Page S364]]
``(aa) energy proposals, permits, mineral leases, and
rights-of-way; and
``(bb) Mineral Agreements entered into under section 3 of
the Indian Mineral Development Act of 1982 (25 U.S.C. 2102)
for final approval; and
``(II) to conduct environmental reviews and surface
monitoring for the activities described in items (aa) and
(bb) of subclause (I);
``(iii) to review and prepare Applications for Permits to
Drill, communitization agreements, and well spacing proposals
for approval;
``(iv) to provide production monitoring, inspection, and
enforcement;
``(v) to oversee drainage issues;
``(vi) to provide energy-related technical assistance and
financial management training to Agency Offices of the Bureau
of Indian Affairs and Indian tribes;
``(vii) to develop best practices in the area of Indian
energy development, including standardizing energy
development processes, procedures, and forms among Agency and
Regional Offices of the Bureau of Indian Affairs;
``(viii) to minimize delays and obstacles to Indian energy
development; and
``(ix) to provide technical assistance to Indian tribes in
the areas of energy-related engineering, environmental
analysis, management, and oversight of energy development,
assessment of energy development resources, proposals and
financing, and development of conventional and renewable
energy resources.
``(E) Relationship to bureau of indian affairs regional and
agency offices.--
``(i) In general.--The Office shall have the authority to
review and approve all energy-related matters for Indian
tribes that select to use the Office under subparagraph (D),
without subsequent or duplicative review and approval by
other Agency or Regional Offices of the Bureau of Indian
Affairs or other agencies of the Department of the Interior.
``(ii) Non-energy related matters.--Nothing in this
paragraph affects the authority or duty of Regional Offices
of the Bureau of Indian Affairs to oversee, support, and
provide approvals for non-energy related matters.
``(iii) Regional and local services.--Nothing in this
paragraph affects the authority or duty of Agency Offices of
the Bureau of Indian Affairs and State and Field Offices of
the Bureau of Land Management to provide regional and local
services related to Indian energy development, including
local realty functions, on-site evaluations and inspections,
direct services as requested by Indian tribes and individual
Indians, and any other local functions related to energy
development on Indian land.
``(iv) Technical assistance.--The Office shall provide
technical assistance and support to the Bureau of Indian
Affairs and the Bureau of Land Management in all areas
related to energy development on Indian land.
``(F) Designation of interior staff.--
``(i) In general.--The Secretary shall designate and
transfer to the Office existing staff and resources from--
``(I) the Division of Energy and Mineral Development of the
Office of Indian Energy and Economic Development and other
applicable offices of the Bureau of Indian Affairs;
``(II) the Bureau of Land Management;
``(III) the Office of Valuation Services;
``(IV) the Office of Natural Resources Revenue;
``(V) the United States Fish and Wildlife Service;
``(VI) the Office of Special Trustee;
``(VII) the Office of the Solicitor;
``(VIII) the Office of Surface Mining, including mining
engineering and minerals realty specialists; and
``(IX) any other agency or office of the Department of the
Interior involved in energy development on Indian land.
``(ii) Functions.--Staff and resources transferred under
clause (i) shall provide for--
``(I) review, processing, and approval of permits and
regulatory matters under--
``(aa) the Act of February 5, 1948 (commonly known as the
`Indian Right-of-Way Act') (25 U.S.C. 323 et seq.);
``(bb) the Act of May 11, 1938 (commonly known as the
`Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et
seq.);
``(cc) the first section of the Act of August 9, 1955 (25
U.S.C. 415);
``(dd) the Indian Mineral Development Act of 1982 (25
U.S.C. 2101 et seq.);
``(ee) this title;
``(ff) the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et seq.);
``(gg) part 162 of title 25, Code of Federal Regulations
(relating to leases and permits) (or successor regulations);
and
``(hh) part 169 of title 25, Code of Federal Regulations
(relating to rights-of-way over Indian lands) (or successor
regulations); and
``(II) consultations and preparation of biological opinions
under section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536);
``(III) preparation of environmental impact statements or
similar analyses required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
``(IV) technical assistance and training for various forms
of energy development on Indian land.
``(G) Management of indian land.--The Director shall ensure
that--
``(i) all environmental reviews and permitting decisions--
``(I) comply with the unique legal relationship between the
United States and Indian tribal governments (as set forth in
the Constitution of the United States, treaties, statutes,
Executive orders, and court decisions); and
``(II) are exercised in a manner that promotes tribal
authority over Indian land, consistent with the policy of the
Federal Government supporting Indian self-determination; and
``(ii) Indian land shall not be--
``(I) considered to be Federal public land or part of the
public domain; or
``(II) be managed in accordance with Federal public land
laws and policies.
``(H) Indian self-determination.--Programs and services
operated by the Office shall be provided pursuant to
contracts and grants awarded under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
``(I) Transfer of funds.--
``(i) In general.--To fund the Office for a period not to
exceed 2 years, the Secretary shall transfer such funds as
are necessary from the annual budgets of--
``(I) the Bureau of Indian Affairs;
``(II) the United States Fish and Wildlife Service;
``(III) the Bureau Land Management;
``(IV) the Office of Surface Mining;
``(V) the Office of Natural Resources Revenue; and
``(VI) the Office of Mineral Valuation.
``(ii) Base budget.--At the end of the period described in
clause (i), the combined total of the funds transferred under
that clause shall serve as the base budget for the Office.
``(J) Appropriations offset.--All fees generated from
Applications for Permits to Drill, inspection, nonproducing
acreage, or any other fees related to energy development on
Indian land--
``(i) shall, beginning on the date the Office is opened, be
transferred to the budget of the Office; and
``(ii) may be used to advance or fulfill any of the stated
duties and purposes of the Office.
``(K) Report.--The Office shall--
``(i) keep detailed records documenting the activities of
the Office; and
``(ii) annually submit to Congress a report detailing--
``(I) the number and type of Federal approvals granted;
``(II) the time taken to process each type of application;
``(III) the need for additional similar offices to be
located in other regions; and
``(IV) proposed changes in existing law to facilitate the
development of energy resources on Indian land and improve
oversight of energy development on Indian land.
``(L) Coordination with additional federal agencies.--Not
later than 1 year after establishing the Office, the
Secretary shall enter into a memorandum of understanding to
coordinate and streamline energy-related permits with--
``(i) the Administrator of the Environmental Protection
Agency;
``(ii) the Assistant Secretary of the Army for Civil Works;
and
``(iii) the Secretary of Agriculture.''.
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