[Congressional Record Volume 164, Number 194 (Monday, December 10, 2018)]
[House]
[Pages H9782-H9789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT AMENDMENTS 
                                OF 2017

  Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass 
the bill (S. 245) to amend the Indian Tribal Energy Development and 
Self Determination Act of 2005, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 245

       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 ``Indian Tribal Energy 
     Development and Self-Determination Act Amendments of 2017''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

 TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT 
                               AMENDMENTS

Sec. 101. Indian tribal energy resource development.
Sec. 102. Indian tribal energy resource regulation.
Sec. 103. Tribal energy resource agreements.
Sec. 104. Technical assistance for Indian tribal governments.
Sec. 105. Conforming amendments.
Sec. 106. Report.

                   TITLE II--MISCELLANEOUS AMENDMENTS

Sec. 201. Issuance of preliminary permits or licenses.
Sec. 202. Tribal biomass demonstration project.
Sec. 203. Weatherization program.
Sec. 204. Appraisals.
Sec. 205. Leases of restricted lands for Navajo Nation.
Sec. 206. Extension of tribal lease period for the Crow Tribe of 
              Montana.
Sec. 207. Trust status of lease payments.

 TITLE I--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT 
                               AMENDMENTS

     SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

       (a) In General.--Section 2602(a) of the Energy Policy Act 
     of 1992 (25 U.S.C. 3502(a)) is amended--

[[Page H9783]]

       (1) in paragraph (2)--
       (A) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(E) consult with each applicable Indian tribe before 
     adopting or approving a well spacing program or plan 
     applicable to the energy resources of that Indian tribe or 
     the members of that Indian tribe.''; and
       (2) by adding at the end the following:
       ``(4) Planning.--
       ``(A) In general.--In carrying out the program established 
     by paragraph (1), the Secretary shall provide technical 
     assistance to interested Indian tribes to develop energy 
     plans, including--
       ``(i) plans for electrification;
       ``(ii) plans for oil and gas permitting, renewable energy 
     permitting, energy efficiency, electricity generation, 
     transmission planning, water planning, and other planning 
     relating to energy issues;
       ``(iii) plans for the development of energy resources and 
     to ensure the protection of natural, historic, and cultural 
     resources; and
       ``(iv) any other plans that would assist an Indian tribe in 
     the development or use of energy resources.
       ``(B) Cooperation.--In establishing the program under 
     paragraph (1), the Secretary shall work in cooperation with 
     the Office of Indian Energy Policy and Programs of the 
     Department of Energy.''.
       (b) Department of Energy Indian Energy Education Planning 
     and Management Assistance Program.--Section 2602(b)(2) of the 
     Energy Policy Act of 1992 (25 U.S.C. 3502(b)(2)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``, intertribal organization,'' after ``Indian tribe'';
       (2) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (3) by inserting after subparagraph (B) the following:
       ``(C) activities to increase the capacity of Indian tribes 
     to manage energy development and energy efficiency 
     programs;''.
       (c) Department of Energy Loan Guarantee Program.--Section 
     2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) 
     is amended--
       (1) in paragraph (1), by inserting ``or a tribal energy 
     development organization'' after ``Indian tribe'';
       (2) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``guarantee'' and inserting ``guaranteed'';
       (B) in subparagraph (A), by striking ``or'';
       (C) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (D) by adding at the end the following:
       ``(C) a tribal energy development organization, from funds 
     of the tribal energy development organization.''; and
       (3) in paragraph (5), by striking ``The Secretary of Energy 
     may'' and inserting ``Not later than 1 year after the date of 
     enactment of the Indian Tribal Energy Development and Self-
     Determination Act Amendments of 2017, the Secretary of Energy 
     shall''.

     SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

       Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C. 
     3503(c)) is amended--
       (1) in paragraph (1), by striking ``on the request of an 
     Indian tribe, the Indian tribe'' and inserting ``on the 
     request of an Indian tribe or a tribal energy development 
     organization, the Indian tribe or tribal energy development 
     organization''; and
       (2) in paragraph (2)(B), by inserting ``or tribal energy 
     development organization'' after ``Indian tribe''.

     SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS.

       (a) Amendment.--Section 2604 of the Energy Policy Act of 
     1992 (25 U.S.C. 3504) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``or'' after the 
     semicolon at the end;
       (ii) in subparagraph (B)--

       (I) by striking clause (i) and inserting the following:

       ``(i) an electric production, generation, transmission, or 
     distribution facility (including a facility that produces 
     electricity from renewable energy resources) located on 
     tribal land; or''; and

       (II) in clause (ii)--

       (aa) by inserting ``, at least a portion of which have 
     been'' after ``energy resources'';
       (bb) by inserting ``or produced from'' after ``developed 
     on''; and
       (cc) by striking ``and'' after the semicolon at the end and 
     inserting ``or''; and
       (iii) by adding at the end the following:
       ``(C) pooling, unitization, or communitization of the 
     energy mineral resources of the Indian tribe located on 
     tribal land with any other energy mineral resource (including 
     energy mineral resources owned by the Indian tribe or an 
     individual Indian in fee, trust, or restricted status or by 
     any other persons or entities) if the owner, or, if 
     appropriate, lessee, of the resources has consented or 
     consents to the pooling, unitization, or communitization of 
     the other resources under any lease or agreement; and''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) a lease or business agreement described in paragraph 
     (1) shall not require review by, or the approval of, the 
     Secretary under section 2103 of the Revised Statutes (25 
     U.S.C. 81), or any other provision of law (including 
     regulations), if the lease or business agreement--
       ``(A) was executed--
       ``(i) in accordance with the requirements of a tribal 
     energy resource agreement in effect under subsection (e) 
     (including the periodic review and evaluation of the 
     activities of the Indian tribe under the agreement, to be 
     conducted pursuant to subparagraphs (D) and (E) of subsection 
     (e)(2)); or
       ``(ii) by the Indian tribe and a tribal energy development 
     organization for which the Indian tribe has obtained a 
     certification pursuant to subsection (h); and
       ``(B) has a term that does not exceed--
       ``(i) 30 years; or
       ``(ii) in the case of a lease for the production of oil 
     resources, gas resources, or both, 10 years and as long 
     thereafter as oil or gas is produced in paying quantities.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Rights-of-Way.--An Indian tribe may grant a right-of-
     way over tribal land without review or approval by the 
     Secretary if the right-of-way--
       ``(1) serves--
       ``(A) an electric production, generation, transmission, or 
     distribution facility (including a facility that produces 
     electricity from renewable energy resources) located on 
     tribal land;
       ``(B) a facility located on tribal land that extracts, 
     produces, processes, or refines energy resources; or
       ``(C) the purposes, or facilitates in carrying out the 
     purposes, of any lease or agreement entered into for energy 
     resource development on tribal land;
       ``(2) was executed--
       ``(A) in accordance with the requirements of a tribal 
     energy resource agreement in effect under subsection (e) 
     (including the periodic review and evaluation of the 
     activities of the Indian tribe under the agreement, to be 
     conducted pursuant to subparagraphs (D) and (E) of subsection 
     (e)(2)); or
       ``(B) by the Indian tribe and a tribal energy development 
     organization for which the Indian tribe has obtained a 
     certification pursuant to subsection (h); and
       ``(3) has a term that does not exceed 30 years.'';
       (3) by striking subsection (d) and inserting the following:
       ``(d) Validity.--No lease or business agreement entered 
     into, or right-of-way granted, pursuant to this section shall 
     be valid unless the lease, business agreement, or right-of-
     way is authorized by subsection (a) or (b).'';
       (4) in subsection (e)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--
       ``(A) Authorization.--On or after the date of enactment of 
     the Indian Tribal Energy Development and Self-Determination 
     Act Amendments of 2017, a qualified Indian tribe may submit 
     to the Secretary a tribal energy resource agreement governing 
     leases, business agreements, and rights-of-way under this 
     section.
       ``(B) Notice of complete proposed agreement.--Not later 
     than 60 days after the date on which the tribal energy 
     resource agreement is submitted under subparagraph (A), the 
     Secretary shall--
       ``(i) notify the Indian tribe as to whether the agreement 
     is complete or incomplete;
       ``(ii) if the agreement is incomplete, notify the Indian 
     tribe of what information or documentation is needed to 
     complete the submission; and
       ``(iii) identify and notify the Indian tribe of the 
     financial assistance, if any, to be provided by the Secretary 
     to the Indian tribe to assist in the implementation of the 
     tribal energy resource agreement, including the environmental 
     review of individual projects.
       ``(C) Effect.--Nothing in this paragraph precludes the 
     Secretary from providing any financial assistance at any time 
     to the Indian tribe to assist in the implementation of the 
     tribal energy resource agreement.'';
       (B) in paragraph (2)--
       (i) by striking ``(2)(A)'' and all that follows through the 
     end of subparagraph (A) and inserting the following:
       ``(2) Procedure.--
       ``(A) Effective date.--
       ``(i) In general.--On the date that is 271 days after the 
     date on which the Secretary receives a tribal energy resource 
     agreement from a qualified Indian tribe under paragraph (1), 
     the tribal energy resource agreement shall take effect, 
     unless the Secretary disapproves the tribal energy resource 
     agreement under subparagraph (B).
       ``(ii) Revised tribal energy resource agreement.--On the 
     date that is 91 days after the date on which the Secretary 
     receives a revised tribal energy resource agreement from a 
     qualified Indian tribe under paragraph (4)(B), the revised 
     tribal energy resource agreement shall take effect, unless 
     the Secretary disapproves the revised tribal energy resource 
     agreement under subparagraph (B).'';
       (ii) in subparagraph (B)--

       (I) by striking ``(B)'' and all that follows through clause 
     (ii) and inserting the following:

       ``(B) Disapproval.--The Secretary shall disapprove a tribal 
     energy resource agreement submitted pursuant to paragraph (1) 
     or (4)(B) only if--
       ``(i) a provision of the tribal energy resource agreement 
     violates applicable Federal law (including regulations) or a 
     treaty applicable to the Indian tribe;

[[Page H9784]]

       ``(ii) the tribal energy resource agreement does not 
     include one or more provisions required under subparagraph 
     (D); or''; and

       (II) in clause (iii)--

       (aa) in the matter preceding subclause (I), by striking 
     ``includes'' and all that follows through ``section--'' and 
     inserting ``does not include provisions that, with respect to 
     any lease, business agreement, or right-of-way to which the 
     tribal energy resource agreement applies--'';
       (bb) by striking subclauses (I), (II), (V), (VIII), and 
     (XV);
       (cc) by redesignating clauses (III), (IV), (VI), (VII), 
     (IX) through (XIV), and (XVI) as clauses (I), (II), (III), 
     (IV), (V) through (X), and (XI), respectively;
       (dd) in item (bb) of subclause (XI) (as redesignated by 
     item (cc))--
       (AA) by striking ``or tribal''; and
       (BB) by striking the period at the end and inserting a 
     semicolon; and
       (ee) by adding at the end the following:

       ``(XII) include a certification by the Indian tribe that 
     the Indian tribe has--

       ``(aa) carried out a contract or compact under title I or 
     IV of the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 5301 et seq.) for a period of not less than 3 
     consecutive years ending on the date on which the Indian 
     tribe submits the application without material audit 
     exception (or without any material audit exceptions that were 
     not corrected within the 3-year period) relating to the 
     management of tribal land or natural resources; or
       ``(bb) substantial experience in the administration, 
     review, or evaluation of energy resource leases or agreements 
     or has otherwise substantially participated in the 
     administration, management, or development of energy 
     resources located on the tribal land of the Indian tribe; and

       ``(XIII) at the option of the Indian tribe, identify which 
     functions, if any, authorizing any operational or development 
     activities pursuant to a lease, right-of-way, or business 
     agreement approved by the Indian tribe, that the Indian tribe 
     intends to conduct.'';

       (iii) in subparagraph (C)--

       (I) by striking clauses (i) and (ii);
       (II) by redesignating clauses (iii) through (v) as clauses 
     (ii) through (iv), respectively; and
       (III) by inserting before clause (ii) (as redesignated by 
     subclause (II)) the following:

       ``(i) a process for ensuring that--

       ``(I) the public is informed of, and has reasonable 
     opportunity to comment on, any significant environmental 
     impacts of the proposed action; and
       ``(II) the Indian tribe provides responses to relevant and 
     substantive public comments on any impacts described in 
     subclause (I) before the Indian tribe approves the lease, 
     business agreement, or right-of-way;'';

       (iv) in subparagraph (D)(ii), by striking ``subparagraph 
     (B)(iii)(XVI)'' and inserting ``subparagraph (B)(iv)(XI)''; 
     and
       (v) by adding at the end the following:
       ``(F) Effective period.--A tribal energy resource agreement 
     that takes effect pursuant to this subsection shall remain in 
     effect to the extent any provision of the tribal energy 
     resource agreement is consistent with applicable Federal law 
     (including regulations), unless the tribal energy resource 
     agreement is--
       ``(i) rescinded by the Secretary pursuant to paragraph 
     (7)(D)(iii)(II); or
       ``(ii) voluntarily rescinded by the Indian tribe pursuant 
     to the regulations promulgated under paragraph (8)(B) (or 
     successor regulations).'';
       (C) in paragraph (4), by striking ``date of disapproval'' 
     and all that follows through the end of subparagraph (C) and 
     inserting the following: ``date of disapproval, provide the 
     Indian tribe with--
       ``(A) a detailed, written explanation of--
       ``(i) each reason for the disapproval; and
       ``(ii) the revisions or changes to the tribal energy 
     resource agreement necessary to address each reason; and
       ``(B) an opportunity to revise and resubmit the tribal 
     energy resource agreement.'';
       (D) in paragraph (6)--
       (i) in subparagraph (B)--

       (I) by striking ``(B) Subject to'' and inserting the 
     following:

       ``(B) Subject only to''; and

       (II) by striking ``subparagraph (D)'' and inserting 
     ``subparagraphs (C) and (D)'';

       (ii) in subparagraph (C), in the matter preceding clause 
     (i), by inserting ``to perform the obligations of the 
     Secretary under this section and'' before ``to ensure''; and
       (iii) in subparagraph (D), by adding at the end the 
     following:
       ``(iii) Nothing in this section absolves, limits, or 
     otherwise affects the liability, if any, of the United States 
     for any--

       ``(I) term of any lease, business agreement, or right-of-
     way under this section that is not a negotiated term; or
       ``(II) losses that are not the result of a negotiated term, 
     including losses resulting from the failure of the Secretary 
     to perform an obligation of the Secretary under this 
     section.'';

       (E) in paragraph (7)--
       (i) in subparagraph (A), by striking ``has demonstrated'' 
     and inserting ``the Secretary determines has demonstrated 
     with substantial evidence'';
       (ii) in subparagraph (B), by striking ``any tribal remedy'' 
     and inserting ``all remedies (if any) provided under the laws 
     of the Indian tribe'';
       (iii) in subparagraph (D)--

       (I) in clause (i), by striking ``determine'' and all that 
     follows through the end of the clause and inserting the 
     following: ``determine--

       ``(I) whether the petitioner is an interested party; and
       ``(II) if the petitioner is an interested party, whether 
     the Indian tribe is not in compliance with the tribal energy 
     resource agreement as alleged in the petition.'';

       (II) in clause (ii), by striking ``determination'' and 
     inserting ``determinations''; and
       (III) in clause (iii), in the matter preceding subclause 
     (I) by striking ``agreement'' the first place it appears and 
     all that follows through ``, including'' and inserting 
     ``agreement pursuant to clause (i), the Secretary shall only 
     take such action as the Secretary determines necessary to 
     address the claims of noncompliance made in the petition, 
     including'';

       (iv) in subparagraph (E)(i), by striking ``the manner in 
     which'' and inserting ``, with respect to each claim made in 
     the petition, how''; and
       (v) by adding at the end the following:
       ``(G) Notwithstanding any other provision of this 
     paragraph, the Secretary shall dismiss any petition from an 
     interested party that has agreed with the Indian tribe to a 
     resolution of the claims presented in the petition of that 
     party.'';
       (F) in paragraph (8)--
       (i) by striking subparagraph (A);
       (ii) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (A) through (C), respectively; and
       (iii) in subparagraph (A) (as redesignated by clause 
     (ii))--

       (I) in clause (i), by striking ``and'' at the end;
       (II) in clause (ii), by adding ``and'' after the semicolon; 
     and
       (III) by adding at the end the following:

       ``(iii) amend an approved tribal energy resource agreement 
     to assume authority for approving leases, business 
     agreements, or rights-of-way for development of another 
     energy resource that is not included in an approved tribal 
     energy resource agreement without being required to apply for 
     a new tribal energy resource agreement;'' and
       (G) by adding at the end the following:
       ``(9) Effect.--Nothing in this section authorizes the 
     Secretary to deny a tribal energy resource agreement or any 
     amendment to a tribal energy resource agreement, or to limit 
     the effect or implementation of this section, due to lack of 
     promulgated regulations.'';
       (5) by redesignating subsection (g) as subsection (j); and
       (6) by inserting after subsection (f) the following:
       ``(g) Financial Assistance in Lieu of Activities by the 
     Secretary.--
       ``(1) In general.--Any amounts that the Secretary would 
     otherwise expend to operate or carry out any program, 
     function, service, or activity (or any portion of a program, 
     function, service, or activity) of the Department that, as a 
     result of an Indian tribe carrying out activities under a 
     tribal energy resource agreement, the Secretary does not 
     expend, the Secretary shall, at the request of the Indian 
     tribe, make available to the Indian tribe in accordance with 
     this subsection.
       ``(2) Annual funding agreements.--The Secretary shall make 
     the amounts described in paragraph (1) available to an Indian 
     tribe through an annual written funding agreement that is 
     negotiated and entered into with the Indian tribe that is 
     separate from the tribal energy resource agreement.
       ``(3) Effect of appropriations.--Notwithstanding paragraph 
     (1)--
       ``(A) the provision of amounts to an Indian tribe under 
     this subsection is subject to the availability of 
     appropriations; and
       ``(B) the Secretary shall not be required to reduce amounts 
     for programs, functions, services, or activities that serve 
     any other Indian tribe to make amounts available to an Indian 
     tribe under this subsection.
       ``(4) Determination.--
       ``(A) In general.--The Secretary shall calculate the 
     amounts under paragraph (1) in accordance with the 
     regulations adopted under section 103(b) of the Indian Tribal 
     Energy Development and Self-Determination Act Amendments of 
     2017.
       ``(B) Applicability.--The effective date or implementation 
     of a tribal energy resource agreement under this section 
     shall not be delayed or otherwise affected by--
       ``(i) a delay in the promulgation of regulations under 
     section 103(b) of the Indian Tribal Energy Development and 
     Self-Determination Act Amendments of 2017;
       ``(ii) the period of time needed by the Secretary to make 
     the calculation required under paragraph (1); or
       ``(iii) the adoption of a funding agreement under paragraph 
     (2).
       ``(h) Certification of Tribal Energy Development 
     Organization.--
       ``(1) In general.--Not later than 90 days after the date on 
     which an Indian tribe submits an application for 
     certification of a tribal energy development organization in 
     accordance with regulations promulgated under section 103(b) 
     of the Indian Tribal Energy Development and Self-
     Determination Act Amendments of 2017, the Secretary shall 
     approve or disapprove the application.
       ``(2) Requirements.--The Secretary shall approve an 
     application for certification if--
       ``(A)(i) the Indian tribe has carried out a contract or 
     compact under title I or IV of

[[Page H9785]]

     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5301 et seq.); and
       ``(ii) for a period of not less than 3 consecutive years 
     ending on the date on which the Indian tribe submits the 
     application, the contract or compact--
       ``(I) has been carried out by the Indian tribe without 
     material audit exceptions (or without any material audit 
     exceptions that were not corrected within the 3-year period); 
     and
       ``(II) has included programs or activities relating to the 
     management of tribal land; and
       ``(B)(i) the tribal energy development organization is 
     organized under the laws of the Indian tribe;
       ``(ii)(I) the majority of the interest in the tribal energy 
     development organization is owned and controlled by the 
     Indian tribe (or the Indian tribe and one or more other 
     Indian tribes) the tribal land of which is being developed; 
     and
       ``(II) the organizing document of the tribal energy 
     development organization requires that the Indian tribe with 
     jurisdiction over the land maintain at all times the 
     controlling interest in the tribal energy development 
     organization;
       ``(iii) the organizing document of the tribal energy 
     development organization requires that the Indian tribe (or 
     the Indian tribe and one or more other Indian tribes) the 
     tribal land of which is being developed own and control at 
     all times a majority of the interest in the tribal energy 
     development organization; and
       ``(iv) the organizing document of the tribal energy 
     development organization includes a statement that the 
     organization shall be subject to the jurisdiction, laws, and 
     authority of the Indian tribe.
       ``(3) Action by secretary.--If the Secretary approves an 
     application for certification pursuant to paragraph (2), the 
     Secretary shall, not more than 10 days after making the 
     determination--
       ``(A) issue a certification stating that--
       ``(i) the tribal energy development organization is 
     organized under the laws of the Indian tribe and subject to 
     the jurisdiction, laws, and authority of the Indian tribe;
       ``(ii) the majority of the interest in the tribal energy 
     development organization is owned and controlled by the 
     Indian tribe (or the Indian tribe and one or more other 
     Indian tribes) the tribal land of which is being developed;
       ``(iii) the organizing document of the tribal energy 
     development organization requires that the Indian tribe with 
     jurisdiction over the land maintain at all times the 
     controlling interest in the tribal energy development 
     organization;
       ``(iv) the organizing document of the tribal energy 
     development organization requires that the Indian tribe (or 
     the Indian tribe and one or more other Indian tribes the 
     tribal land of which is being developed) own and control at 
     all times a majority of the interest in the tribal energy 
     development organization; and
       ``(v) the certification is issued pursuant this subsection;
       ``(B) deliver a copy of the certification to the Indian 
     tribe; and
       ``(C) publish the certification in the Federal Register.
       ``(i) Sovereign Immunity.--Nothing in this section waives 
     the sovereign immunity of an Indian tribe.''.
       (b) Regulations.--Not later than 1 year after the date of 
     enactment of the Indian Tribal Energy Development and Self-
     Determination Act Amendments of 2017, the Secretary shall 
     promulgate or update any regulations that are necessary to 
     implement this section, including provisions to implement--
       (1) section 2604(e)(8) of the Energy Policy Act of 1992 (25 
     U.S.C. 3504(e)(8)), including the process to be followed by 
     an Indian tribe amending an existing tribal energy resource 
     agreement to assume authority for approving leases, business 
     agreements, or rights-of-way for development of an energy 
     resource that is not included in the tribal energy resource 
     agreement;
       (2) section 2604(g) of the Energy Policy Act of 1992 (25 
     U.S.C. 3504(g)) including the manner in which the Secretary, 
     at the request of an Indian tribe, shall--
       (A) identify the programs, functions, services, and 
     activities (or any portions of programs, functions, services, 
     or activities) that the Secretary will not have to operate or 
     carry out as a result of the Indian tribe carrying out 
     activities under a tribal energy resource agreement;
       (B) identify the amounts that the Secretary would have 
     otherwise expended to operate or carry out each program, 
     function, service, and activity (or any portion of a program, 
     function, service, or activity) identified pursuant to 
     subparagraph (A); and
       (C) provide to the Indian tribe a list of the programs, 
     functions, services, and activities (or any portions of 
     programs, functions, services, or activities) identified 
     pursuant subparagraph (A) and the amounts associated with 
     each program, function, service, and activity (or any portion 
     of a program, function, service, or activity) identified 
     pursuant to subparagraph (B); and
       (3) section 2604(h) of the Energy Policy Act of 1992 (25 
     U.S.C. 3504(h)), including the process to be followed by, and 
     any applicable criteria and documentation required for, an 
     Indian tribe to request and obtain the certification 
     described in that section.

     SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL GOVERNMENTS.

       Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 
     3502(b)) is amended--
       (1) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Technical and scientific resources.--In addition to 
     providing grants to Indian tribes under this subsection, the 
     Secretary shall collaborate with the Directors of the 
     National Laboratories in making the full array of technical 
     and scientific resources of the Department of Energy 
     available for tribal energy activities and projects.''.

     SEC. 105. CONFORMING AMENDMENTS.

       (a) Definition of Tribal Energy Development Organization.--
     Section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 
     3501) is amended--
       (1) by redesignating paragraphs (9) through (12) as 
     paragraphs (10) through (13), respectively;
       (2) by inserting after paragraph (8) the following:
       ``(9) The term `qualified Indian tribe' means an Indian 
     tribe that has--
       ``(A) carried out a contract or compact under title I or IV 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5301 et seq.) for a period of not less than 3 
     consecutive years ending on the date on which the Indian 
     tribe submits the application without material audit 
     exception (or without any material audit exceptions that were 
     not corrected within the 3-year period) relating to the 
     management of tribal land or natural resources; or
       ``(B) substantial experience in the administration, review, 
     or evaluation of energy resource leases or agreements or has 
     otherwise substantially participated in the administration, 
     management, or development of energy resources located on the 
     tribal land of the Indian tribe.''; and
       (3) by striking paragraph (12) (as redesignated by 
     paragraph (1)) and inserting the following:
       ``(12) The term `tribal energy development organization' 
     means--
       ``(A) any enterprise, partnership, consortium, corporation, 
     or other type of business organization that is engaged in the 
     development of energy resources and is wholly owned by an 
     Indian tribe (including an organization incorporated pursuant 
     to section 17 of the Act of June 18, 1934 (25 U.S.C. 5124) 
     (commonly known as the ``Indian Reorganization Act'') or 
     section 3 of the Act of June 26, 1936 (49 Stat. 1967, chapter 
     831) (commonly known as the `Oklahoma Indian Welfare Act')); 
     and
       ``(B) any organization of two or more entities, at least 
     one of which is an Indian tribe, that has the written consent 
     of the governing bodies of all Indian tribes participating in 
     the organization to apply for a grant, loan, or other 
     assistance under section 2602 or to enter into a lease or 
     business agreement with, or acquire a right-of-way from, an 
     Indian tribe pursuant to subsection (a)(2)(A)(ii) or 
     (b)(2)(B) of section 2604.''.
       (b) Indian Tribal Energy Resource Development.--Section 
     2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``tribal energy resource 
     development organizations'' and inserting ``tribal energy 
     development organizations''; and
       (B) in paragraph (2), by striking ``tribal energy resource 
     development organizations'' each place the term appears and 
     inserting ``tribal energy development organizations''; and
       (2) in subsection (b)(2), by striking ``tribal energy 
     resource development organization'' and inserting ``tribal 
     energy development organization''.
       (c) Wind and Hydropower Feasibility Study.--Section 
     2606(c)(3) of the Energy Policy Act of 1992 (25 U.S.C. 
     3506(c)(3)) is amended by striking ``energy resource 
     development'' and inserting ``energy development''.
       (d) Conforming Amendments.--Section 2604(e) of the Energy 
     Policy Act of 1992 (25 U.S.C. 3504(e)) is amended--
       (1) in paragraph (3)--
       (A) by striking ``(3) The Secretary'' and inserting the 
     following:
       ``(3) Notice and comment; secretarial review.--The 
     Secretary''; and
       (B) by striking ``for approval'';
       (2) in paragraph (4), by striking ``(4) If the Secretary'' 
     and inserting the following:
       ``(4) Action in case of disapproval.--If the Secretary'';
       (3) in paragraph (5)--
       (A) by striking ``(5) If an Indian tribe'' and inserting 
     the following:
       ``(5) Provision of documents to secretary.--If an Indian 
     tribe''; and
       (B) in the matter preceding subparagraph (A), by striking 
     ``approved'' and inserting ``in effect'';
       (4) in paragraph (6)--
       (A) by striking ``(6)(A) In carrying out'' and inserting 
     the following:
       ``(6) Secretarial obligations and effect of section.--
       ``(A) In carrying out'';
       (B) in subparagraph (A), by indenting clauses (i) and (ii) 
     appropriately;
       (C) in subparagraph (B), by striking ``approved'' and 
     inserting ``in effect''; and
       (D) in subparagraph (D)--
       (i) in clause (i), by striking ``an approved tribal energy 
     resource agreement'' and inserting ``a tribal energy resource 
     agreement in effect under this section''; and

[[Page H9786]]

       (ii) in clause (ii), by striking ``approved by the 
     Secretary'' and inserting ``in effect''; and
       (5) in paragraph (7)--
       (A) by striking ``(7)(A) In this paragraph'' and inserting 
     the following:
       ``(7) Petitions by interested parties.--
       ``(A) In this paragraph'';
       (B) in subparagraph (A), by striking ``approved by the 
     Secretary'' and inserting ``in effect'';
       (C) in subparagraph (B), by striking ``approved by the 
     Secretary'' and inserting ``in effect''; and
       (D) in subparagraph (D)(iii)--
       (i) in subclause (I), by striking ``approved''; and
       (ii) in subclause (II)--

       (I) by striking ``approval of'' in the first place it 
     appears; and
       (II) by striking ``subsection (a) or (b)'' and inserting 
     ``subsection (a)(2)(A)(i) or (b)(2)(A)''.

     SEC. 106. REPORT.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     submit to the Committee on Indian Affairs of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a report that details with respect to 
     activities for energy development on Indian land, how the 
     Department of the Interior--
       (1) processes and completes the reviews of energy-related 
     documents in a timely and transparent manner;
       (2) monitors the timeliness of agency review for all 
     energy-related documents;
       (3) maintains databases to track and monitor the review and 
     approval process for energy-related documents associated with 
     conventional and renewable Indian energy resources that 
     require Secretarial approval prior to development, 
     including--
       (A) any seismic exploration permits;
       (B) permission to survey;
       (C) archeological and cultural surveys;
       (D) access permits;
       (E) environmental assessments;
       (F) oil and gas leases;
       (G) surface leases;
       (H) rights-of-way agreements; and
       (I) communitization agreements;
       (4) identifies in the databases--
       (A) the date lease applications and permits are received by 
     the agency;
       (B) the status of the review;
       (C) the date the application or permit is considered 
     complete and ready for review;
       (D) the date of approval; and
       (E) the start and end dates for any significant delays in 
     the review process;
       (5) tracks in the databases, for all energy-related leases, 
     agreements, applications, and permits that involve multiple 
     agency review--
       (A) the dates documents are transferred between agencies;
       (B) the status of the review;
       (C) the date the required reviews are completed; and
       (D) the date interim or final decisions are issued.
       (b) Inclusions.--The report under subsection (a) shall 
     include--
       (1) a description of any intermediate and final deadlines 
     for agency action on any Secretarial review and approval 
     required for Indian conventional and renewable energy 
     exploration and development activities;
       (2) a description of the existing geographic database 
     established by the Bureau of Indian Affairs, explaining--
       (A) how the database identifies--
       (i) the location and ownership of all Indian oil and gas 
     resources held in trust;
       (ii) resources available for lease; and
       (iii) the location of--

       (I) any lease of land held in trust or restricted fee on 
     behalf of any Indian tribe or individual Indian; and
       (II) any rights-of-way on that land in effect;

       (B) how the information from the database is made available 
     to--
       (i) the officials of the Bureau of Indian Affairs with 
     responsibility over the management and development of Indian 
     resources; and
       (ii) resource owners; and
       (C) any barriers to identifying the information described 
     in subparagraphs (A) and (B) or any deficiencies in that 
     information; and
       (3) an evaluation of--
       (A) the ability of each applicable agency to track and 
     monitor the review and approval process of the agency for 
     Indian energy development; and
       (B) the extent to which each applicable agency complies 
     with any intermediate and final deadlines.

                   TITLE II--MISCELLANEOUS AMENDMENTS

     SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES.

       (a) In General.--Section 7(a) of the Federal Power Act (16 
     U.S.C. 800(a)) is amended by striking ``States and 
     municipalities'' and inserting ``States, Indian tribes, and 
     municipalities''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall not affect--
       (1) any preliminary permit or original license issued 
     before the date of enactment of the Indian Tribal Energy 
     Development and Self-Determination Act Amendments of 2017; or
       (2) an application for an original license, if the 
     Commission has issued a notice accepting that application for 
     filing pursuant to section 4.32(d) of title 18, Code of 
     Federal Regulations (or successor regulations), before the 
     date of enactment of the Indian Tribal Energy Development and 
     Self-Determination Act Amendments of 2017.
       (c) Definition of Indian Tribe.--For purposes of section 
     7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as amended 
     by subsection (a)), 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. 5304).

     SEC. 202. TRIBAL BIOMASS DEMONSTRATION PROJECT.

       (a) Purpose.--The purpose of this section is to establish a 
     biomass demonstration project for federally recognized Indian 
     tribes and Alaska Native corporations to promote biomass 
     energy production.
       (b) Tribal Biomass Demonstration Project.--The Tribal 
     Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) is 
     amended--
       (1) in section 2(a), by striking ``In this section'' and 
     inserting ``In this Act''; and
       (2) by adding at the end the following:

     ``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

       ``(a) Stewardship Contracts or Similar Agreements.--For 
     each of fiscal years 2017 through 2021, the Secretary shall 
     enter into stewardship contracts or similar agreements 
     (excluding direct service contracts) with Indian tribes to 
     carry out demonstration projects to promote biomass energy 
     production (including biofuel, heat, and electricity 
     generation) on Indian forest land and in nearby communities 
     by providing reliable supplies of woody biomass from Federal 
     land.
       ``(b) Demonstration Projects.--In each fiscal year for 
     which projects are authorized, at least 4 new demonstration 
     projects that meet the eligibility criteria described in 
     subsection (c) shall be carried out under contracts or 
     agreements described in subsection (a).
       ``(c) Eligibility Criteria.--To be eligible to enter into a 
     contract or agreement under this section, an Indian tribe 
     shall submit to the Secretary an application--
       ``(1) containing such information as the Secretary may 
     require; and
       ``(2) that includes a description of--
       ``(A) the Indian forest land or rangeland under the 
     jurisdiction of the Indian tribe; and
       ``(B) the demonstration project proposed to be carried out 
     by the Indian tribe.
       ``(d) Selection.--In evaluating the applications submitted 
     under subsection (c), the Secretary shall--
       ``(1) take into consideration--
       ``(A) the factors set forth in paragraphs (1) and (2) of 
     section 2(e); and
       ``(B) whether a proposed project would--
       ``(i) increase the availability or reliability of local or 
     regional energy;
       ``(ii) enhance the economic development of the Indian 
     tribe;
       ``(iii) result in or improve the connection of electric 
     power transmission facilities serving the Indian tribe with 
     other electric transmission facilities;
       ``(iv) improve the forest health or watersheds of Federal 
     land or Indian forest land or rangeland;
       ``(v) demonstrate new investments in infrastructure; or
       ``(vi) otherwise promote the use of woody biomass; and
       ``(2) exclude from consideration any merchantable logs that 
     have been identified by the Secretary for commercial sale.
       ``(e) Implementation.--The Secretary shall--
       ``(1) ensure that the criteria described in subsection (c) 
     are publicly available by not later than 120 days after the 
     date of enactment of this section; and
       ``(2) to the maximum extent practicable, consult with 
     Indian tribes and appropriate intertribal organizations 
     likely to be affected in developing the application and 
     otherwise carrying out this section.
       ``(f) Report.--Not later than September 20, 2019, the 
     Secretary shall submit to Congress a report that describes, 
     with respect to the reporting period--
       ``(1) each individual tribal application received under 
     this section; and
       ``(2) each contract and agreement entered into pursuant to 
     this section.
       ``(g) Incorporation of Management Plans.--In carrying out a 
     contract or agreement under this section, on receipt of a 
     request from an Indian tribe, the Secretary shall incorporate 
     into the contract or agreement, to the maximum extent 
     practicable, management plans (including forest management 
     and integrated resource management plans) in effect on the 
     Indian forest land or rangeland of the respective Indian 
     tribe.
       ``(h) Term.--A contract or agreement entered into under 
     this section--
       ``(1) shall be for a term of not more than 20 years; and
       ``(2) may be renewed in accordance with this section for 
     not more than an additional 10 years.''.
       (c) Alaska Native Biomass Demonstration Project.--
       (1) Definitions.--In this subsection:
       (A) Federal land.--The term ``Federal land'' means--
       (i) land of the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a)) administered by the 
     Secretary of Agriculture, acting through the Chief of the 
     Forest Service; and
       (ii) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the 
     surface of which is administered by the Secretary of the 
     Interior, acting through the Director of the Bureau of Land 
     Management.

[[Page H9787]]

       (B) 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. 5304).
       (C) Secretary.--The term ``Secretary'' means--
       (i) the Secretary of Agriculture, with respect to land 
     under the jurisdiction of the Forest Service; and
       (ii) the Secretary of the Interior, with respect to land 
     under the jurisdiction of the Bureau of Land Management.
       (D) Tribal organization.--The term ``tribal organization'' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).
       (2) Agreements.--For each of fiscal years 2017 through 
     2021, the Secretary shall enter into an agreement or contract 
     with an Indian tribe or a tribal organization to carry out a 
     demonstration project to promote biomass energy production 
     (including biofuel, heat, and electricity generation) by 
     providing reliable supplies of woody biomass from Federal 
     land.
       (3) Demonstration projects.--In each fiscal year for which 
     projects are authorized, at least 1 new demonstration project 
     that meets the eligibility criteria described in paragraph 
     (4) shall be carried out under contracts or agreements 
     described in paragraph (2).
       (4) Eligibility criteria.--To be eligible to enter into a 
     contract or agreement under this subsection, an Indian tribe 
     or tribal organization shall submit to the Secretary an 
     application--
       (A) containing such information as the Secretary may 
     require; and
       (B) that includes a description of the demonstration 
     project proposed to be carried out by the Indian tribe or 
     tribal organization.
       (5) Selection.--In evaluating the applications submitted 
     under paragraph (4), the Secretary shall--
       (A) take into consideration whether a proposed project 
     would--
       (i) increase the availability or reliability of local or 
     regional energy;
       (ii) enhance the economic development of the Indian tribe;
       (iii) result in or improve the connection of electric power 
     transmission facilities serving the Indian tribe with other 
     electric transmission facilities;
       (iv) improve the forest health or watersheds of Federal 
     land or non-Federal land;
       (v) demonstrate new investments in infrastructure; or
       (vi) otherwise promote the use of woody biomass; and
       (B) exclude from consideration any merchantable logs that 
     have been identified by the Secretary for commercial sale.
       (6) Implementation.--The Secretary shall--
       (A) ensure that the criteria described in paragraph (4) are 
     publicly available by not later than 120 days after the date 
     of enactment of this subsection; and
       (B) to the maximum extent practicable, consult with Indian 
     tribes and appropriate tribal organizations likely to be 
     affected in developing the application and otherwise carrying 
     out this subsection.
       (7) Report.--Not later than September 20, 2019, the 
     Secretary shall submit to Congress a report that describes, 
     with respect to the reporting period--
       (A) each individual application received under this 
     subsection; and
       (B) each contract and agreement entered into pursuant to 
     this subsection.
       (8) Term.--A contract or agreement entered into under this 
     subsection--
       (A) shall be for a term of not more than 20 years; and
       (B) may be renewed in accordance with this subsection for 
     not more than an additional 10 years.

     SEC. 203. WEATHERIZATION PROGRAM.

       Section 413(d) of the Energy Conservation and Production 
     Act (42 U.S.C. 6863(d)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Reservation of amounts.--
       ``(A) In general.--Subject to subparagraph (B) and 
     notwithstanding any other provision of this part, the 
     Secretary shall reserve from amounts that would otherwise be 
     allocated to a State under this part not less than 100 
     percent, but not more than 150 percent, of an amount which 
     bears the same proportion to the allocation of that State for 
     the applicable fiscal year as the population of all low-
     income members of an Indian tribe in that State bears to the 
     population of all low-income individuals in that State.
       ``(B) Restrictions.--Subparagraph (A) shall apply only if--
       ``(i) the tribal organization serving the low-income 
     members of the applicable Indian tribe requests that the 
     Secretary make a grant directly; and
       ``(ii) the Secretary determines that the low-income members 
     of the applicable Indian tribe would be equally or better 
     served by making a grant directly than a grant made to the 
     State in which the low-income members reside.
       ``(C) Presumption.--If the tribal organization requesting 
     the grant is a tribally designated housing entity (as defined 
     in section 4 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4103)) that has 
     operated without material audit exceptions (or without any 
     material audit exceptions that were not corrected within a 3-
     year period), the Secretary shall presume that the low-income 
     members of the applicable Indian tribe would be equally or 
     better served by making a grant directly to the tribal 
     organization than by a grant made to the State in which the 
     low-income members reside.'';
       (2) in paragraph (2)--
       (A) by striking ``The sums'' and inserting 
     ``Administration.--The amounts'';
       (B) by striking ``on the basis of his determination'';
       (C) by striking ``individuals for whom such a determination 
     has been made'' and inserting ``low-income members of the 
     Indian tribe''; and
       (D) by striking ``he'' and inserting ``the Secretary''; and
       (3) in paragraph (3), by striking ``In order'' and 
     inserting ``Application.--In order''.

     SEC. 204. APPRAISALS.

       (a) In General.--Title XXVI of the Energy Policy Act of 
     1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 2607. APPRAISALS.

       ``(a) In General.--For any transaction that requires 
     approval of the Secretary and involves mineral or energy 
     resources held in trust by the United States for the benefit 
     of an Indian tribe or by an Indian tribe subject to Federal 
     restrictions against alienation, any appraisal relating to 
     fair market value of those resources required to be prepared 
     under applicable law may be prepared by--
       ``(1) the Secretary;
       ``(2) the affected Indian tribe; or
       ``(3) a certified, third-party appraiser pursuant to a 
     contract with the Indian tribe.
       ``(b) Secretarial Review and Approval.--Not later than 45 
     days after the date on which the Secretary receives an 
     appraisal prepared by or for an Indian tribe under paragraph 
     (2) or (3) of subsection (a), the Secretary shall--
       ``(1) review the appraisal; and
       ``(2) approve the appraisal unless the Secretary determines 
     that the appraisal fails to meet the standards set forth in 
     regulations promulgated under subsection (d).
       ``(c) Notice of Disapproval.--If the Secretary determines 
     that an appraisal submitted for approval under subsection (b) 
     should be disapproved, the Secretary shall give written 
     notice of the disapproval to the Indian tribe and a 
     description of--
       ``(1) each reason for the disapproval; and
       ``(2) how the appraisal should be corrected or otherwise 
     cured to meet the applicable standards set forth in the 
     regulations promulgated under subsection (d).
       ``(d) Regulations.--The Secretary shall promulgate 
     regulations to carry out this section, including standards 
     the Secretary shall use for approving or disapproving the 
     appraisal described in subsection (a).''.

     SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION.

       (a) In General.--Subsection (e)(1) of the first section of 
     the Act of August 9, 1955 (commonly known as the ``Long-Term 
     Leasing Act'') (25 U.S.C. 415(e)(1)), is amended--
       (1) by striking ``, except a lease for'' and inserting ``, 
     including a lease for'';
       (2) by striking subparagraph (A) and inserting the 
     following:
       ``(A) in the case of a business or agricultural lease, 99 
     years;'';
       (3) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(C) in the case of a lease for the exploration, 
     development, or extraction of any mineral resource (including 
     geothermal resources), 25 years, except that--
       ``(i) any such lease may include an option to renew for 1 
     additional term of not to exceed 25 years; and
       ``(ii) any such lease for the exploration, development, or 
     extraction of an oil or gas resource shall be for a term of 
     not to exceed 10 years, plus such additional period as the 
     Navajo Nation determines to be appropriate in any case in 
     which an oil or gas resource is produced in a paying 
     quantity.''.
       (b) GAO Report.--Not later than 5 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall prepare and submit to Congress a report 
     describing the progress made in carrying out the amendment 
     made by subsection (a).

     SEC. 206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE CROW TRIBE 
                   OF MONTANA.

       Subsection (a) of the first section of the Act of August 9, 
     1955 (25 U.S.C. 415(a)), is amended in the second sentence by 
     inserting ``, land held in trust for the Crow Tribe of 
     Montana'' after ``Devils Lake Sioux Reservation''.

     SEC. 207. TRUST STATUS OF LEASE PAYMENTS.

       (a) Definition of Secretary.--In this section, the term 
     ``Secretary'' means the Secretary of the Interior.
       (b) Treatment of Lease Payments.--
       (1) In general.--Except as provided in paragraph (2) and at 
     the request of the Indian tribe or individual Indian, any 
     advance payments, bid deposits, or other earnest money 
     received by the Secretary in connection with the review and 
     Secretarial approval under any other Federal law (including 
     regulations) of a sale, lease, permit, or any other 
     conveyance of any interest in any trust or restricted land of 
     any Indian tribe or individual Indian shall, upon receipt and 
     prior to Secretarial approval of the contract or conveyance 
     instrument, be held in the trust fund system for the benefit 
     of the Indian tribe and individual Indian from whose land the 
     funds were generated.
       (2) Restriction.--If the advance payment, bid deposit, or 
     other earnest money received

[[Page H9788]]

     by the Secretary results from competitive bidding, upon 
     selection of the successful bidder, only the funds paid by 
     the successful bidder shall be held in the trust fund system.
       (c) Use of Funds.--
       (1) In general.--On the approval of the Secretary of a 
     contract or other instrument for a sale, lease, permit, or 
     any other conveyance described in subsection (b)(1), the 
     funds held in the trust fund system and described in 
     subsection (b), along with all income generated from the 
     investment of those funds, shall be disbursed to the Indian 
     tribe or individual Indian landowners.
       (2) Administration.--If a contract or other instrument for 
     a sale, lease, permit, or any other conveyance described in 
     subsection (b)(1) is not approved by the Secretary, the funds 
     held in the trust fund system and described in subsection 
     (b), along with all income generated from the investment of 
     those funds, shall be paid to the party identified in, and in 
     such amount and on such terms as set out in, the applicable 
     regulations, advertisement, or other notice governing the 
     proposed conveyance of the interest in the land at issue.
       (d) Applicability.--This section shall apply to any advance 
     payment, bid deposit, or other earnest money received by the 
     Secretary in connection with the review and Secretarial 
     approval under any other Federal law (including regulations) 
     of a sale, lease, permit, or any other conveyance of any 
     interest in any trust or restricted land of any Indian tribe 
     or individual Indian on or after the date of enactment of 
     this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Bishop) and the gentleman from Arizona (Mr. Gallego) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. BISHOP of Utah. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Alaska (Mr. Young). Much of his bill is 
incorporated in this. He has been a long-time champion and supporter of 
this effort.
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, first, I would like to thank the 
chairman very much for bringing this legislation to the floor. It is a 
Senate bill very much like the bill I introduced that came out of the 
committee.
  The bill promotes energy projects critical for economic development 
areas around Indian Country. Native communities face a significant 
number of obstacles to developing and delivering energy on their land. 
Ultimately, the lack of affordable energy undermines efforts to promote 
social and economic well-being in these communities.
  I have always said Alaska Natives and American Indians are the best 
caretakers of their lands. This is what Tribal self-determination is 
all about: empowering Native communities with the tools and authority 
to manage their resources.
  S. 245 makes important progress in this effort. The bill incorporates 
a variety of policy changes to enhance Indian energy development. This 
includes expanding the ability of the Department of Energy to provide 
technical assistance to tribes and Tribal organizations for energy 
projects, improving the Department of the Interior's process for 
approving energy resource agreements, and requiring FERC to give tribes 
equal footing with municipalities for hydroelectric licenses.
  I am also pleased that the bill includes a Tribal biomass 
demonstration program that mirrors a provision in my Native American 
Energy Act.
  I appreciate Chairman Hoeven's willingness to continue to work on 
Indian energy and his commitment to hold a hearing on my Native 
American Energy Act in 2019. My bill can serve as the foundation for 
the next step in promoting Indian energy. I urge my colleagues to 
support passage of this bill.
  Mr. GALLEGO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we talk a lot about leveling the playing field when it 
comes to economic development on Tribal lands. Passage of S. 245, the 
Indian Tribal Energy Development and Self-Determination Act Amendments 
of 2017, will help achieve that goal in the area of energy development.
  Tribes have stated for years that the many Federal laws governing the 
development of Tribal energy resources are complex and often lead to 
significant costs, delays, and uncertainties for all parties. This 
tends to discourage development of Tribal trust energy resources and 
drive development investments to private or non-Tribal lands, resulting 
in Tribes losing out on much-needed revenue and jobs.
  S. 245 will provide Tribes with greater control and flexibility in 
developing and managing both their traditional and renewable energy 
resources, so I am happy to support this bill today. But this is just a 
start.
  In the next Congress, I hope we can work together to pass legislation 
that addresses the other disparities that hinder Tribal economic 
development as well as incentivize renewable energy development on 
Tribal lands.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1630

  Mr. BISHOP of Utah. Mr. Speaker, I want to do two motions 
simultaneously here. I yield 4 minutes to the gentlewoman from 
Washington (Mrs. McMorris Rodgers), and I ask unanimous consent that 
the remainder of the time be managed by the gentleman from Alaska (Mr. 
Young).
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mrs. McMORRIS RODGERS. Mr. Speaker, I rise today in support of the 
Indian Tribal Energy Development and Self-Determination Act Amendments 
and, specifically, the Tribal biomass demonstration provision.
  Mr. Speaker, in the Northwest, we rely on baseload renewables like 
biomass. In recent years, we have seen catastrophic fires in the 
Pacific Northwest devastating our natural resources.
  When we expand these biomass options, we can reduce forest fire risk 
by keeping our forests healthier, while also creating a stable energy 
source. I believe that our Tribes can and should be taking a leading 
role in this effort.
  In 2015, eastern Washington was devastated by the wildfires burning 
more than a million acres in our State and devastating the Colville 
Tribe's reservation. Following that, I joined the late Colville Tribal 
chairman, Jim Boyd, and authored an op-ed in the Seattle Times 
advocating for the Tribes to have more tools to manage their lands.
  This legislation will allow them to take a more active role as it 
relates to biomass. This new authority allows Tribes to secure 
agreements with Federal land managers, with terms up to 30 years, to 
enable long-term investment in infrastructure and local communities.
  Tribal land management practices are widely acknowledged as more 
flexible and more effective than those on other Federal land.
  I look forward to working with the U.S. Forest Service and the Tribes 
to make sure that this authority is implemented quickly, and I urge my 
colleagues to pass this legislation to provide flexibility in how we 
effectively manage our land for the benefit of so many within our local 
communities.
  Mr. GALLEGO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, based on recent conversations with the Committee on 
Energy and Commerce Democratic staff, I would also like to note that 
the Senate has included an amendment to the Federal Power Act in this 
bill that contains the definition of the term ``Indian Tribe'' for the 
purposes of section 7(a) of the act. The intent of the Senate seems to 
be to ensure that Alaska Natives are included within that term.
  The Federal Energy Regulatory Commission, or FERC, currently and 
historically has interpreted the term ``Indian Tribe'' in the Federal 
Power Act to include Alaska Native villages or regional or village 
corporations. Explicitly including this reference in the amended 
section 7(a) should in no way be interpreted to exclude Alaska Native 
villages or regional or village corporations within the meaning of the 
term ``Indian Tribe'' elsewhere in this act.
  Mr. Speaker, I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my 
time.

[[Page H9789]]

  

  Mr. BISHOP of Utah. Mr. Speaker, section 202(b) of S. 245, the 
``Tribal Biomass Demonstration Project Act,'' amends the Tribal Forest 
Protection Act of 2004 (TFPA) to include new authority that directs the 
Secretary (of Agriculture or the Interior) to enter into a minimum 
number of contracts or agreements with Indian tribes to enable the 
tribes to carry out various activities on Federal land. Unlike the 
current TFPA, which is discretionary, the Secretary must enter into 
agreements with tribes under this new authority. These activities will 
benefit the Indian tribes that enter into the agreements as well as the 
surrounding communities, and they will promote healthy forests to stem 
the plague of wildfires afflicting many Western communities, tribal and 
non-tribal alike.
  As an initial matter, Section 202(e) requires the Secretary to 
consult with tribes and tribal organizations in developing the 
eligibility criteria and to make the criteria public within 120 days of 
enactment. It is critical that the Secretary meet this deadline to 
ensure that tribes are able to submit applications for projects in the 
remainder of fiscal year 2019.
  As provided in the bill, in evaluating tribal projects, the Secretary 
is directed to weigh several factors. Given the severe impact of 
wildfires over the past decade, the importance of one of the factors, 
improving the forest health of Federal land, cannot be emphasized 
enough. For example, in August of 2015, two wildfires burned more than 
255,000 acres of the Colville Indian Reservation in Washington State. 
The fires burned nearly 20 percent of the reservation land base and 
more than 800 million board feet of timber, making it the most damaging 
fire event in history in terms of board feet of timber lost on any 
Indian reservation. As noted in a November 8, 2015, column in the 
Seattle Times by then-Colville Chairman Jim Boyd and the Gentlelady 
from Washington, the Honorable Cathy McMorris Rodgers, the damage to 
the Colville Reservation was amplified because major fire-suppression 
resources were tied up suppressing fires on undermanaged areas of 
nearby National Forest land, leaving the Colville Reservation with 
little protection. The Secretary should, accordingly, give strong 
weight to tribal proposals that will improve the forest health on 
Federal land and protect tribal lands.
  Finally, Section 202(b) requires the Secretary to incorporate, at a 
tribe's request and to the maximum extent practicable, the tribe's on-
reservation management plans in the contracts or agreements under which 
the tribe will perform the activities on Federal land. The requirement 
that on-reservation management plans be incorporated into tribal 
activities on Federal land is an extension of what Congress has already 
required. For example, since its enactment in 1976, Section 202(b) of 
the Federal Land Policy and Management Act has required the U.S. Forest 
Service to coordinate the lands use plans for National Forest System 
lands with tribal management practices.
  As highlighted over the years in numerous Committee on Natural 
Resources hearings, tribal land management practices are widely 
acknowledged as more flexible and as having forest health outcomes 
superior to those in effect on non-tribal Federal land. The Committee 
on Natural Resources examined this at an April 10, 2014, oversight 
hearing on tribal forest management. Compared to federal land managers, 
tribes find increased forest management efficiencies in the tiered 
environmental compliance afforded by tribal Integrated Resource 
Management Plans and the limitation on third party appeals in Bureau of 
Indian Affairs forestry regulations (which are incorporated into tribal 
forest management plans). These and other on-reservation management 
practices could and should be included in agreements under Section 202 
at a tribes' request.
  On a final note, nothing in the TFPA or the amendments made to the 
TFPA under Sec. 202 of S. 245 provide, or imply a provision, for tribal 
management of non-tribal interests in Federal land (and non-tribal 
users of such land) beyond the specific forest management-related 
functions set forth in the Act.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Bishop) that the House suspend the rules and 
pass the bill, S. 245.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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