[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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