[Congressional Record Volume 161, Number 11 (Thursday, January 22, 2015)]
[Senate]
[Pages S416-S417]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT AMENDMENTS 
                                OF 2015

  Mr. BARRASSO. Mr. President, yesterday I introduced the Indian Tribal 
Energy Development and Self-Determination Act Amendments of 2015.
  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.
  Nearly 10 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

[[Page S417]]

departure from the standard laws, and consequent bureaucracy, 
applicable to tribal contracts.
  That law was a step in the right direction. However, these agreements 
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 past 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 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 time frames 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.
  The bill has various provisions that would improve technical 
assistance and consultation with Indian tribes during their energy 
planning and development stages. It 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, this bill 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.
  My bill does not focus on only traditional resource development, 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 long-term supplies of 
woody biomass materials.
  This 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 Tester, McCain, 
Hoeven, Enzi, and Fischer for joining me in cosponsoring this 
bipartisan bill. I urge my colleagues to join me in advancing this bill 
expeditiously.

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