[House Report 113-263]
[From the U.S. Government Publishing Office]


113th Congress  }                                            {   Report
  1st Session   }        HOUSE OF REPRESENTATIVES            {  113-263

=======================================================================

 
                       NATIVE AMERICAN ENERGY ACT 

                                _______
                                

 November 12, 2013.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1548]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1548) to facilitate the development of energy on 
Indian lands by reducing Federal regulations that impede tribal 
development of Indian lands, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Native American Energy Act''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Appraisals.
Sec. 4. Standardization.
Sec. 5. Environmental reviews of major Federal actions on Indian lands.
Sec. 6. BLM oil and gas fees.
Sec. 7. Bonding requirements and nonpayment of attorneys' fees to 
promote Indian energy projects.
Sec. 8. Tribal biomass demonstration project.
Sec. 9. Tribal resource management plans.
Sec. 10. Leases of restricted lands for the Navajo Nation.
Sec. 11. Nonapplicability of certain rules.

SEC. 3. APPRAISALS.

  (a) Amendment.--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. APPRAISAL REFORMS.

  ``(a) Options to Indian Tribes.--With respect to a transaction 
involving Indian land or the trust assets of an Indian tribe that 
requires the approval of the Secretary, any appraisal relating to fair 
market value required to be conducted under applicable law, regulation, 
or policy may be completed 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) Time Limit on Secretarial Review and Action.--Not later than 30 
days after the date on which the Secretary receives an appraisal 
conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) 
of subsection (a), the Secretary shall--
          ``(1) review the appraisal; and
          ``(2) provide to the Indian tribe a written notice of 
        approval or disapproval of the appraisal.
  ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 
days, the Secretary has failed to approve or disapprove any appraisal 
received, the appraisal shall be deemed approved.
  ``(d) Option to Indian Tribes To Waive Appraisal.--
          ``(1) An Indian tribe wishing to waive the requirements of 
        subsection (a), may do so after it has satisfied the 
        requirements of subsections (2) and (3) below.
          ``(2) An Indian tribe wishing to forego the necessity of a 
        waiver pursuant to this section must provide to the Secretary a 
        written resolution, statement, or other unambiguous indication 
        of tribal intent, duly approved by the governing body of the 
        Indian tribe.
          ``(3) The unambiguous indication of intent provided by the 
        Indian tribe to the Secretary under paragraph (2) must include 
        an express waiver by the Indian tribe of any claims for damages 
        it might have against the United States as a result of the lack 
        of an appraisal undertaken.
  ``(e) Definition.--For purposes of this subsection, the term 
`appraisal' includes appraisals and other estimates of value.
  ``(f) Regulations.--The Secretary shall develop regulations for 
implementing this section, including standards the Secretary shall use 
for approving or disapproving an appraisal.''.
  (b) Conforming Amendment.--The table of contents of the Energy Policy 
Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the end of 
the items relating to title XXVI the following:

``Sec. 2607. Appraisal reforms.''.

SEC. 4. STANDARDIZATION.

  As soon as practicable after the date of the enactment of this Act, 
the Secretary of the Interior shall implement procedures to ensure that 
each agency within the Department of the Interior that is involved in 
the review, approval, and oversight of oil and gas activities on Indian 
lands shall use a uniform system of reference numbers and tracking 
systems for oil and gas wells.

SEC. 5. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS.

  Section 102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the 
first sentence, and by adding at the end the following:
  ``(b) Review of Major Federal Actions on Indian Lands.--
          ``(1) In general.--For any major Federal action on Indian 
        lands of an Indian tribe requiring the preparation of a 
        statement under subsection (a)(2)(C), the statement shall only 
        be available for review and comment by the members of the 
        Indian tribe and by any other individual residing within the 
        affected area.
          ``(2) Regulations.--The Chairman of the Council on 
        Environmental Quality shall develop regulations to implement 
        this section, including descriptions of affected areas for 
        specific major Federal actions, in consultation with Indian 
        tribes.
          ``(3) Definitions.--In this subsection, each of the terms 
        `Indian land' and `Indian tribe' has the meaning given that 
        term in section 2601 of the Energy Policy Act of 1992 (25 
        U.S.C. 3501).
          ``(4) Clarification of authority.--Nothing in the Native 
        American Energy Act, except section 7 of that Act, shall give 
        the Secretary any additional authority over energy projects on 
        Alaska Native Claims Settlement Act lands.''.

SEC. 6. BLM OIL AND GAS FEES.

  The Secretary of the Interior, acting through the Bureau of Land 
Management, shall not collect any fee for any of the following:
          (1) For an application for a permit to drill on Indian land.
          (2) To conduct any oil or gas inspection activity on Indian 
        land.
          (3) On any oil or gas lease for nonproducing acreage on 
        Indian land.

SEC. 7. BONDING REQUIREMENTS AND NONPAYMENT OF ATTORNEYS' FEES TO 
                    PROMOTE INDIAN ENERGY PROJECTS.

  (a) In General.--A plaintiff who obtains a preliminary injunction or 
administrative stay in an energy related action, but does not 
ultimately prevail on the merits of the energy related action, shall be 
liable for damages sustained by a defendant who--
          (1) opposed the preliminary injunction or administrative 
        stay; and
          (2) was harmed by the preliminary injunction or 
        administrative stay.
  (b) Bond.--Unless otherwise specifically exempted by Federal law, a 
court may not issue a preliminary injunction and an agency may not 
grant an administrative stay in an energy related action until the 
plaintiff posts with the court or the agency a surety bond or cash 
equivalent--
          (1) in an amount the court or agency decides is 30 percent of 
        that amount that the court or agency considers is sufficient to 
        compensate each defendant opposing the preliminary injunction 
        or administrative stay for damages, including but not limited 
        to preliminary development costs, additional development costs, 
        and reasonable attorney fees, that each defendant may sustain 
        as a result of the preliminary injunction or administrative 
        stay;
          (2) written by a surety licensed to do business in the State 
        in which the Indian Land or other land where the activities are 
        undertaken is situated; and
          (3) payable to each defendant opposing the preliminary 
        injunction or administrative stay, in the event that the 
        plaintiff does not prevail on the merits of the energy related 
        action, Provided, that, if there is more than one plaintiff, 
        the court or agency shall establish the amount of the bond 
        required by this subsection for each plaintiff in a fair and 
        equitable manner.
  (c) Limitation on Certain Payments.--Notwithstanding section 1304 of 
title 31, United States Code, no award may be made under section 504 of 
title 5, United States Code, or under section 2412 of title 28, United 
States Code, and no amounts may be obligated or expended from the 
Claims and Judgment Fund of the United States Treasury to pay any fees 
or other expenses under such sections to any plaintiff related to an 
energy related action.
  (d) Definitions.--For the purposes of this section, the following 
definitions apply:
          (1) Administrative stay.--The term ``Administrative Stay'' 
        means a stay or other temporary remedy issued by a Federal 
        agency, including the Department of the Interior, the 
        Department of Agriculture, the Department of Energy, the 
        Department of Commerce, and the Environmental Protection 
        Agency.
          (2) Indian land.--The term ``Indian Land'' has the same 
        meaning given such term in section 203(c)(3) of the Energy 
        Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), 
        including lands owned by Native Corporations under the Alaska 
        Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 
        1601).
          (3) Energy related action.--The term ``energy related 
        action'' means a cause of action that--
                  (A) is filed on or after the effective date of this 
                Act; and
                  (B) seeks judicial review of a final agency action 
                (as defined in section 702 of title 5, United States 
                Code), to issue a permit, license, or other form of 
                agency permission allowing:
                          (i) any person or entity to conduct 
                        activities on Indian Land, which activities 
                        involve the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity, or
                          (ii) any Indian Tribe, or any organization of 
                        two or more entities, at least one of which is 
                        an Indian tribe, to conduct activities 
                        involving the exploration, development, 
                        production or transportation of oil, gas, coal, 
                        shale gas, oil shale, geothermal resources, 
                        wind or solar resources, underground coal 
                        gasification, biomass, or the generation of 
                        electricity, regardless of where such 
                        activities are undertaken.
          (4) Ultimately prevail on the merits.--The phrase 
        ``Ultimately prevail on the merits'' means, in a final 
        enforceable judgment on the merits, the court rules in the 
        plaintiff's favor on at least one cause of action which is an 
        underlying rationale for the preliminary injunction, and does 
        not include circumstances where the final agency action is 
        modified or amended by the issuing agency unless such 
        modification or amendment is required pursuant to a final 
        enforceable judgment of the court or a court-ordered consent 
        decree.
          (5) Indian tribe.--The term ``Indian tribe'' means any Indian 
        tribe, band, nation, or other organized group or community, 
        including any Alaska Native village or regional or village 
        corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.

SEC. 8. TRIBAL BIOMASS DEMONSTRATION PROJECT.

  The Tribal Forest Protection Act of 2004 is amended by inserting 
after section 2 (25 U.S.C. 3115a) the following:

``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

  ``(a) In General.--For each of fiscal years 2014 through 2018, the 
Secretary shall enter into stewardship contracts or other agreements, 
other than agreements that are exclusively 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) Definitions.--The definitions in section 2 shall apply to this 
section.
  ``(c) Demonstration Projects.--In each fiscal year for which projects 
are authorized, the Secretary shall enter into contracts or other 
agreements described in subsection (a) to carry out at least 4 new 
demonstration projects that meet the eligibility criteria described in 
subsection (d).
  ``(d) Eligibility Criteria.--To be eligible to enter into a contract 
or other agreement under this subsection, 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.
  ``(e) Selection.--In evaluating the applications submitted under 
subsection (c), the Secretary--
          ``(1) shall take into consideration the factors set forth in 
        paragraphs (1) and (2) of section 2(e) of Public Law 108-278; 
        and whether a proposed demonstration project would--
                  ``(A) increase the availability or reliability of 
                local or regional energy;
                  ``(B) enhance the economic development of the Indian 
                tribe;
                  ``(C) improve the connection of electric power 
                transmission facilities serving the Indian tribe with 
                other electric transmission facilities;
                  ``(D) improve the forest health or watersheds of 
                Federal land or Indian forest land or rangeland; or
                  ``(E) otherwise promote the use of woody biomass; and
          ``(2) shall exclude from consideration any merchantable logs 
        that have been identified by the Secretary for commercial sale.
  ``(f) 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.
  ``(g) Report.--Not later than September 20, 2015, 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.
  ``(h) 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 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.
  ``(i) Term.--A stewardship contract or other 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.''.

SEC. 9. TRIBAL RESOURCE MANAGEMENT PLANS.

  Unless otherwise explicitly exempted by Federal law enacted after the 
date of the enactment of this Act, any activity conducted or resources 
harvested or produced pursuant to a tribal resource management plan or 
an integrated resource management plan approved by the Secretary of the 
Interior under the National Indian Forest Resources Management Act (25 
U.S.C. 3101 et seq.) or the American Indian Agricultural Resource 
Management Act (25 U.S.C. 3701 et seq.), shall be considered a 
sustainable management practice for purposes of any Federal standard, 
benefit, or requirement that requires a demonstration of such 
sustainability.

SEC. 10. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.

  Subsection (e)(1) of the first section of the Act of August 9, 1955 
(25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing 
Act''), is amended--
          (1) by striking ``, except a lease for'' and inserting ``, 
        including leases for'';
          (2) in subparagraph (A), by striking ``25'' the first place 
        it appears and all that follows and inserting ``99 years;'';
          (3) in subparagraph (B), by striking the period 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 mineral resources, including 
        geothermal resources, 25 years, except that any such lease may 
        include an option to renew for one additional term not to 
        exceed 25 years.''.

SEC. 11. NONAPPLICABILITY OF CERTAIN RULES.

  No rule promulgated by the Department of the Interior regarding 
hydraulic fracturing used in the development or production of oil or 
gas resources shall have any effect on any land held in trust or 
restricted status for the benefit of Indians except with the express 
consent of the beneficiary on whose behalf such land is held in trust 
or restricted status.

                          Purpose of the Bill

    The purpose of H.R. 1548 is to facilitate the development 
of energy on Indian lands by reducing Federal regulations that 
impede tribal development of Indian lands.

                  Background and Need for Legislation

    H.R. 1548 promotes energy development by Indian tribes and 
Alaska Native Corporations (ANCs) by reducing bureaucratic 
burdens; expediting, streamlining, and standardizing the 
process for obtaining appraisals and permits; deterring 
frivolous lawsuits aimed at stopping tribal/ANC energy 
activities; lowering the cost of federal permitting on tribal 
trust lands; and increasing the opportunity for tribes to 
govern more aspects of energy development on their lands.
    For the second Congress in a row, the Native American 
Energy Act has been introduced and vetted with Indian tribes 
and others. Indeed, each of the nine substantive sections 
(sections 3-11) contained in the bill reduce a real-world 
barrier that one or more Indian tribes has faced in its efforts 
to develop its energy resources.
    Despite the support of mature energy-producers such as the 
Southern Ute Indian Tribe and the Navajo Nation (and the Navajo 
Nation Oil and Gas Company), as well as the U.S. Chamber of 
Commerce, the Department of the Interior found nothing in the 
bill to support. See ``Testimony of Mike Black, Director of the 
Bureau of Indian Affairs, United States Department of the 
Interior Before the Subcommittee on Indian and Alaska Native 
Affairs, House Natural Resources Committee, U.S. House of 
Representatives, on H.R. 1548, Native American Energy Act,'' 
April 26, 2013.

                    ENERGY RESOURCES ON INDIAN LANDS

    The Department of the Interior holds 56 million acres of 
land in trust or restricted status for the benefit of American 
Indian tribes and individual Indians. In Alaska, ANCs own fee 
title to 44 million acres of land; this land is not under the 
jurisdiction of the Department of the Interior. The ANCs 
obtained these lands in settlement of their aboriginal land 
claims under the Alaska Native Claims Settlement Act of 1971.
    A number of Indian reservations contain large accumulations 
of known and prospective mineral resources. In Fiscal Year (FY) 
2012, revenues paid to Indian tribes and individual Indian 
allottees from the mineral development of their trust lands 
totaled approximately $700 million. The two largest components 
of this amount came from the sale of nearly 30 million barrels 
of oil and more than 200 billion cubic feet of gas. The 
Department has estimated that undiscovered fossil fuel 
resources in Indian Country are valued at approximately $800 
billion.
    In Alaska, several ANCs are actively engaged in leasing 
their fee lands for mineral development, and in operating or 
servicing oil and gas facilities on State lands and in the 
National Petroleum Reserve-Alaska.
    Recent advancements in the use of hydraulic fracturing to 
produce oil and gas from large hydrocarbon-bearing shale 
formations have given several historically impoverished tribes 
a major opportunity to create jobs for their members and 
revenue for their governments and enterprises. In FY 2011, the 
amount of oil and gas produced from Indian lands was 
approximately 87 percent greater than the annual average from 
FY 2000-2010.
    There are also high wind and solar prospects on a number of 
Indian reservations. Early this year, the Department issued a 
final rule revising surface (non-mineral) leasing of Indian 
trust lands, including streamlining for approval of wind and 
solar projects. Wind and solar industries have also benefited 
from large subsidies granted by the Obama Administration. 
Despite these efforts, few if any commercial projects have been 
successfully developed on Indian lands to date.

             FACTS ON THE GROUND REQUIRE LEGISLATIVE ACTION

    While many Indian tribes and ANCs have made great strides 
in building businesses and strengthening their economies, 
tribal communities remain at the bottom of nearly every 
economic and social indicator. The sad fact is that in 21st 
century America, severe poverty wears a Native face.
    At the same time, in an effort to address their weak 
economies, Indian tribes and ANCs have worked for decades to 
reform federal laws and regulations preventing the responsible 
development of their energy and other natural resources.
    The Southern Ute Indian Tribe in Colorado and the Three 
Affiliated Tribes of the Fort Berthold Reservation in North 
Dakota are prodigious producers of natural gas and oil, 
respectively, and energy development on their lands has made 
them the economic drivers of their regions. Three other 
tribes--the Navajo Nation, the Crow Tribe, and the Hopi Tribe--
own billions of tons of developable coal deposits and are 
keenly interested in using coal to address economic and social 
conditions most Americans would find unimaginable.
    Recent articles indicate several tribes are undertaking new 
energy projects. See articles published on June 5, 2013, in the 
Durango Herald entitled ``Tribe seeks to expand shale-oil 
drilling,'' discussing the Tribe's plans to develop some 12,000 
acres of tribal land atop the Mancos Shale formation, and an 
article published on June 20, 2013, in the Seattle Times 
entitled ``Feds approve 1.4B ton coal deal with Crow tribe.''
    While these two tribes are actively embracing energy 
development, it is noteworthy that the projects they are 
pursuing require federal review and approval, and this approval 
arguably brings little to no value to the tribes involved. If 
federal review and approval of energy leases created any 
economic value, then private landowners and state governments 
would be clamoring to have their projects reviewed and approved 
by the federal government, too.

                LEGAL AND OTHER BARRIERS ARE WELL KNOWN

    Because Indian tribal and individual Indian-owned land is 
held in trust by the United States for the benefit of the tribe 
or individual owner, federal laws and regulations govern in 
large part energy development on these lands. Over the years, 
federal laws have evolved along with federal Indian policy to 
promote Indian self-determination and foster and respect tribal 
decision-making. From the Indian Mineral Leasing Act (1938) to 
the Indian Mineral Development Act (1982) to the Indian Tribal 
Energy Development and Self Determination Act (2005), Congress 
has sought to increase and promote tribal involvement in the 
negotiation and approval of leases and other business 
agreements related to energy development on their lands.
    Despite these trends, the federal government continues to 
be the main inhibitor to energy resource development on Indian 
lands. As recently as September 2012, the Interior Department's 
Office of Inspector General (IG) issued a report entitled ``Oil 
and Gas Leasing in Indian Country: An Opportunity for Economic 
Development,'' (Report No. CR-EV-BIA-001-2011). The Report 
notes that American Indian lands hold 10 percent of the 
nation's energy resources, and that oil and gas leases on 
Indian land generated some $450 million in fiscal year 2011 
alone. The IG's Report discussed the many impediments to more 
vigorous oil and gas production on Indian lands, and concluded 
that ``Indian oil and gas leasing is not achieving its full 
economic potential. Numerous problems contribute to a general 
industry preference to conduct business on private, Federal, 
and state lands before considering Indian lands.''
    Of the major barriers to greater development of Indian oil 
and gas reserves, five can be traced to the workings of the 
Bureau of Indian Affairs or other agencies within the 
Department of the Interior. They include: no coordinated 
strategy and organizational structure to manage the Bureau of 
Indian Affairs' (BIA) oil and gas activities; inconsistent 
policies and procedures among BIA regions; extra layers of 
environmental review; fractionated ownership of allotted lands; 
and high well permit fees assessed by the Bureau of Land 
Management.

                          HYDRAULIC FRACTURING

    A clear and present danger to tribal production of oil and 
gas development is the rule proposed by the Bureau of Land 
Management (BLM) to regulate hydraulic fracturing (HF) on 
public lands. The BLM rule, if finalized, would impose new, 
additional costs to an already burdensome federal regulatory 
process for tribal lands.
    As explained by the Chairman of the Blackfeet Nation 
(Montana) in an oversight hearing in the 112th Congress, ``The 
Blackfeet Tribe is concerned that BLM's proposed rule on 
Hydraulic Fracturing, if adopted, will create additional 
burdens to an already burdensome process that will likely delay 
and possibly prevent beneficial development of Blackfeet oil 
resources.'' (T.J. Show, Chairman of the Blackfeet Tribal 
Business Council, Testimony on the Bureau of Land Management's 
Hydraulic Fracturing Rule's Impact on Indian Tribal Energy 
Development, House Committee on Natural Resources, Subcommittee 
on Indian and Alaska Native Affairs, April 19, 2012).
    The BLM drafted a proposed rule to address what it said was 
a public demand for HF regulation of public lands. For reasons 
not fully explained by BLM, for the purposes of the HF rule, 
Indian lands are deemed to be the same as public lands. While 
title to Indian trust land is technically owned by the federal 
government, the beneficial interest in such lands is vested 
exclusively in the Indians themselves. Trust lands enjoy the 
same protection under the Fifth Amendment as private property. 
The BLM's proposed rule turns this fundamental tenet of federal 
Indian policy on its head.
    Tribal leaders who testified against the proposed HF rule 
lodged three basic objections: (1) the Department wrongly 
considers land it holds in trust for Indians to be ``public 
lands'' for the purpose of the draft rule; (2) the BLM did not 
adequately consult with tribes in violation of Administration 
policy and a Secretarial Order; and (3) the rule will result in 
new delays and paperwork burdens and will thus drive industry 
away from leasing Indian lands.
    With the BLM HF rule in place on reservations where Indian 
trust lands and non-Indian fee lands are intermixed in a 
checkerboard pattern, an oil and gas operator would have no 
incentive to produce oil on an Indian lease if he could simply 
move his operation a few feet away to the non-Indian land, 
where more reasonable State rules govern.
    The recently revised rule is still under analysis by 
affected tribes; however, as a general matter, tribes want the 
BLM to defer to tribal regulatory standards. In the absence of 
tribal rules, private operators on leased tribal lands 
generally adhere to State HF rules, which have proven over many 
years to be satisfactory.
    The Native American Energy Act addresses concerns various 
Native American leaders brought to the attention of the 
Subcommittee in previous hearings and consultations. The bill 
helps tribes and Alaska Natives expedite and streamline the 
leasing and development of energy and other natural resources 
in cases where federal laws or policies are a hindrance to 
them. During Full Committee consideration of the bill, the 
committee adopted a technical amendment offered by Congressman 
Don Young (R-AK) that would provide a definition of ``Indian 
tribe'' in Section 7.

                            Committee Action

    H.R. 1548 was introduced on April 12, 2013, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the 
Subcommittees on Energy and Mineral Resources and Indian and 
Alaska Native Affairs. On April 26, 2013, the Subcommittee on 
Indian and Alaska Native Affairs held a hearing on the bill. On 
June 12, 2013, the Full Natural Resources Committee met to 
consider the bill. The Subcommittees on Energy and Mineral 
Resources and Indian and Alaska Native Affairs were discharged 
by unanimous consent. Congressman Young offered an amendment 
designated #1 to the bill; the amendment was adopted by voice 
vote. Delegate Eni Faleomavaega (D-AS) offered an amendment 
designated .021; the amendment was withdrawn. No further 
amendments were offered, and the bill, as amended, was then 
adopted and ordered favorably reported to the House of 
Representatives by a bipartisan roll call vote of 25 to 15, as 
follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Section-by-Section Analysis


Section 1. Short title

    This section designates the title of the bill to be the 
Native American Energy Act.

Section 2. Table of contents

    This section provides a table of contents for the Act.

Section 3. Appraisals

    This section allows an appraisal of Indian land, at the 
option of a tribe, to be conducted by the Secretary of the 
Interior, the tribe, or a certified third-party appraiser.

Section 4. Standardization

    This section directs the Secretary of the Interior to 
standardize the way the seven bureaus of the Department of the 
Interior track oil and gas activities on Indian lands.

Section 5. Environmental reviews of major Federal actions on Indian 
        lands

    This section provides that for any environmental impact 
statement required under the National Environmental Policy Act 
of 1969 for a major federal action on a tribe's lands, such 
statement shall be available for public review and comment only 
by members of the Indian tribe and by any other individual 
residing within the affected area.

Section 6. BLM oil and gas fees

    This section provides that the Department of the Interior 
deems Indian land it holds in trust to be public land for the 
purpose of assessing various oil and gas fees. Under current 
law, the BLM charges $6,500 to process an APD fee. Section 6 
prohibits the Bureau of Land Management from collecting any 
fees on Indian land for APDs, for conducting any oil or gas 
inspection activity, or for oil and gas leases for nonproducing 
acreage.

Section 7. Bonding requirements and nonpayment of attorneys' fees to 
        promote Indian energy projects

    Section 7 is intended to deter frivolous legal actions 
filed by those seeking to block energy development on Indian or 
Alaska Native Corporation (ANC) land, or energy development by 
an Indian tribe or ANC on any land. This provision does not 
affect anyone's ability to file a legal action (such as a 
lawsuit in federal court or administrative appeal at an 
agency). Rather, it makes a plaintiff liable for damages 
sustained by a defendant when the plaintiff obtains a 
preliminary injunction or administrative stay but does not 
ultimately prevail on the merits of his legal action. Section 7 
also prohibits a federal court or agency from issuing a 
preliminary injunction or administrative stay unless the 
plaintiff posts a bond representing 30% of the amount 
sufficient to compensate the defendant for damages. Finally, 
Section 7 prohibits taxpayer dollars from being used to pay 
costs and fees of those who file legal actions against energy 
development benefitting Native Americans.

Section 8. Tribal Biomass Demonstration Project

    This section amends the Tribal Forest Protection Act of 
2004 to create a demonstration project for Indian tribes to 
promote biomass energy production on Indian forest land and in 
nearby communities by providing reliable supplies of woody 
biomass from Federal land.

Section 9. Tribal resource management plans

    This section treats a tribe's forest practices to be 
``sustainable'' for all federal purposes if the tribe's land is 
managed under a tribal resource management plan or an 
integrated resource management plan. This addresses a problem 
in which third-party groups charge an entity substantial, 
recurring fees to claim a certification that the entity's 
forest plan is ``sustainable.''

Section 10. Leases of restricted lands for the Navajo Nation

    This section enhances Navajo Nation leasing authority. The 
Indian Long-Term Leasing Act (25 U.S.C. 415) requires separate 
review and approval for each non-mineral lease of a tribe's 
land, triggering a lengthy, detailed review by the federal 
bureaucracy, and the potential preparation of an environmental 
impact statement under the National Environmental Policy Act.
    In the 112th Congress, the HEARTH Act (Public Law 112-151) 
was enacted to allow any tribe to develop non-mineral leasing 
rules, and when such rules are approved by the Secretary, the 
tribe may then execute leases without further Departmental 
involvement.
    Section 10 of H.R. 1548 allows the Navajo Nation to execute 
mineral and geothermal leases in a manner similar to the HEARTH 
Act. The terms of such leases may be for 25 years with an 
option to renew for one term of up to 25 years.
    The section also amends 25 U.S.C. 415(e) to permit the 
Navajo to execute 99-year leases for business or agricultural 
purposes.

Section 11. Hydraulic fracturing

    This section provides that no rule promulgated by the 
Department of the Interior regarding hydraulic fracturing used 
in the development or production of oil or gas resources shall 
have any effect on any Indian trust land except with the 
express consent of the Indian owner.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 1548--Native American Energy Act

    Summary: H.R. 1548 would make several changes related to 
environmental laws, energy programs, and the management of 
mineral resources on Native American reservations. CBO 
estimates that implementing the bill would cost $29 million 
over the 2014-2018 period, assuming appropriation action 
consistent with the bill.
    Pay-as-you-go procedures apply because enacting the 
legislation would affect direct spending. However, CBO 
estimates that the effect on direct spending would be 
insignificant in each year over the 2014-2023 period. Enacting 
H.R. 1548 would not affect revenues.
    H.R. 1548 would impose an intergovernmental and private-
sector mandate by requiring plaintiffs, including public and 
private entities, to post a bond when seeking a preliminary 
injunction to stop Native American energy projects. Based on 
the number of injunctions that would require bonds and the 
aggregate value of the bonds required to reach the annual 
thresholds, CBO estimates that the costs for public and private 
entities would probably fall below the annual thresholds 
established in the Unfunded Mandates Reform Act (UMRA) ($75 
million and $150 million, respectively, in 2013, adjusted 
annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1548 is shown in the following table. 
The costs of this legislation fall within budget function 450 
(community and regional development).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2014     2015     2016     2017     2018   2014-2018
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level...........................        6        6        6        6        6        29
Estimated Outlays.......................................        6        6        6        6        6        29
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of 2013.
    The bill would prohibit the Bureau of Land Management (BLM) 
from collecting fees for: applications for a permit to drill 
(APD) for oil or gas on tribal lands, oil or gas inspections on 
tribal lands, or nonproducing oil or gas leases on tribal 
lands. Under current law, BLM charges $6,500 to process each 
APD. In 2012, BLM collected about $6 million in APD fees for 
projects on Indian lands. BLM does not currently collect fees 
for oil or gas inspections or for nonproducing leases on tribal 
lands.
    Those fees are authorized to be collected in annual 
appropriation acts, and therefore, the fee amounts are an 
offset to discretionary spending. CBO estimates that this 
provision of H.R. 1548 would reduce collections by $6 million a 
year over the 2014-2018 period. That reduction in future 
collections for drilling permits would have the effect of 
increasing future net discretionary spending, assuming that 
future appropriation acts are consistent with the provisions of 
H.R. 1548.
    CBO estimates that implementing other provisions of H.R. 
1548 would have an insignificant impact on federal spending. 
Those provisions would:
     Require the Department of the Interior (DOT) to 
act on any appraisal of energy projects required under current 
law within 30 days and allow tribes to waive the requirement 
for appraisals under specified circumstances.
     Require DOI to use a uniform reference system for 
tracking oil and gas wells. DOI currently uses the American 
Petroleum Institute well-numbering system to identify and track 
oil and gas wells.
     Restrict the review of and comments on 
environmental impact statements of projects on tribal lands to 
members of the tribe and residents of the area.
     Make plaintiffs who obtain injunctions against 
energy projects on tribal lands but do not prevail on the 
merits of the case liable to the defendant for damages. Under 
the bill, plaintiffs would be required to post a bond with the 
court for 30 percent of the amount required to compensate 
defendants before the court could issue an injunction.
     Require DOI to enter into contracts for energy 
demonstration projects using timber from federal forests that 
is not marketable.
     Authorize the Navajo Nation to enter into 
commercial and agricultural leases for up to 99 years. Under 
the bill, the Navajo Nation also would be authorized to enter 
into mineral resource leases without DOI approval for 25 years. 
Any income resulting from those leases would be paid directly 
to the tribal owners or to the appropriate tribal government 
and would have no significant impact on the federal budget.
    Pay-As-You-Go-Considerations: Enacting H.R. 1548 would 
affect direct spending; therefore, pay-as-you-go procedures 
apply. The legislation would prohibit payments of attorneys' 
fees under the Equal Access to Justice Act for lawsuits 
regarding energy projects on tribal lands. A portion of those 
payments comes from the Treasury Department's Judgment Fund and 
is recorded in the budget as direct spending. Based on 
information about the history of such payments provided by the 
Government Accountability Office, CBO estimates that any 
reduction in direct spending as a result of the bill would be 
insignificant. Enacting H.R. 1548 would not affect revenues.
    Intergovernmental and Private-Sector Impact: H.R. 1548 
would impose an intergovernmental and private-sector mandate by 
requiring plaintiffs, including public and private entities, to 
post a bond when seeking a preliminary injunction to stop 
Native American energy projects. Preliminary injunctions are 
issued rarely and only in cases where compensation awarded by 
the court could not equal the potential personal damage or 
damage to property. The amount of the bond would be determined 
by the court and would be based on potential losses incurred by 
the defendant as a result of the injunction. The cost of the 
mandate would be the purchase price of bonds required to obtain 
a preliminary injunction under the legislation. Based on the 
number of injunctions that would require bonds and the 
aggregate value of the bonds required to reach the annual 
thresholds, CBO estimates that the costs for public and private 
entities would probably fall below the annual thresholds 
established in UMRA ($75 million and $150 million, 
respectively, in 2013, adjusted annually for inflation).
    Estimate prepared by: Federal Costs: Martin von Gnechten; 
Impact on State, Local, and Tribal Governments: Melissa 
Merrell; Impact on the Private Sector: Marin Burnett.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. CBO estimates that implementing 
the bill would cost $29 million over the 2014-2018 period, 
assuming appropriation action consistent with the bill.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to facilitate the development of 
energy on Indian lands by reducing Federal regulations that 
impede tribal development of Indian lands.

                           Earmark Statement

    This bill does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman estimates that this bill 
directs the Secretary of the Interior to conduct one 
rulemaking, and the Council on Environmental Quality to conduct 
one rulemaking.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

               Preemptions of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                       ENERGY POLICY ACT OF 1992

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--

           *       *       *       *       *       *       *


                   TITLE XXVI--INDIAN ENERGY RESOURCES

Sec. 2601. Definitions.
     * * * * * * *
Sec. 2607. Appraisal reforms.

           *       *       *       *       *       *       *


TITLE XXVI--INDIAN ENERGY

           *       *       *       *       *       *       *


SEC. 2607. APPRAISAL REFORMS.

  (a) Options to Indian Tribes.--With respect to a transaction 
involving Indian land or the trust assets of an Indian tribe 
that requires the approval of the Secretary, any appraisal 
relating to fair market value required to be conducted under 
applicable law, regulation, or policy may be completed 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) Time Limit on Secretarial Review and Action.--Not later 
than 30 days after the date on which the Secretary receives an 
appraisal conducted by or for an Indian tribe pursuant to 
paragraphs (2) or (3) of subsection (a), the Secretary shall--
          (1) review the appraisal; and
          (2) provide to the Indian tribe a written notice of 
        approval or disapproval of the appraisal.
  (c) Failure of Secretary To Approve or Disapprove.--If, after 
60 days, the Secretary has failed to approve or disapprove any 
appraisal received, the appraisal shall be deemed approved.
  (d) Option to Indian Tribes To Waive Appraisal.--
          (1) An Indian tribe wishing to waive the requirements 
        of subsection (a), may do so after it has satisfied the 
        requirements of subsections (2) and (3) below.
          (2) An Indian tribe wishing to forego the necessity 
        of a waiver pursuant to this section must provide to 
        the Secretary a written resolution, statement, or other 
        unambiguous indication of tribal intent, duly approved 
        by the governing body of the Indian tribe.
          (3) The unambiguous indication of intent provided by 
        the Indian tribe to the Secretary under paragraph (2) 
        must include an express waiver by the Indian tribe of 
        any claims for damages it might have against the United 
        States as a result of the lack of an appraisal 
        undertaken.
  (e) Definition.--For purposes of this subsection, the term 
``appraisal'' includes appraisals and other estimates of value.
  (f) Regulations.--The Secretary shall develop regulations for 
implementing this section, including standards the Secretary 
shall use for approving or disapproving an appraisal.

           *       *       *       *       *       *       *

                              ----------                              


NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

           *       *       *       *       *       *       *


TITLE I--DECLARATION OF NATIONAL ENVIRONMENTAL POLICY

           *       *       *       *       *       *       *


  Sec. 102.  (a) In General._The Congress authorizes and 
directs that, to the fullest extent possible: (1) the policies, 
regulations, and public laws of the United States shall be 
interpreted and administered in accordance with the policies 
set forth in this Act, and (2) all agencies of the Federal 
Government shall--
          (A) utilize a systematic, interdisciplinary approach 
        which will insure the integrated use of the natural and 
        social sciences and the environmental design arts in 
        planning and in decisionmaking which may have an impact 
        on man's environment;
          (B) identify and develop methods and procedures, in 
        consultation with the Council on Environmental Quality 
        established by title II of this Act, which will insure 
        that presently unquantified environmental amenities and 
        values may be given appropriate consideration in 
        decisionmaking along with economic and technical 
        considerations;
          (C) include in every recommendation or report on 
        proposals for legislation and other major Federal 
        actions significantly affecting the quality of the 
        human environment, a detailed statement by the 
        responsible official on--
                  (i) the environmental impact of the proposed 
                action,
                  (ii) any adverse environmental effects which 
                cannot be avoided should the proposal be 
                implemented,
                  (iii) alternatives to the proposed action,
                  (iv) the relationship between local short-
                term uses of man's environment and the 
                maintenance and enhancement of long-term 
                productivity, and
                  (v) any irreversible and irretrievable 
                commitments of resources which would be 
                involved in the proposed action should it be 
                implemented.
        Prior to making any detailed statement, the responsible 
        Federal official shall consult with and obtain the 
        comments of any Federal agency which has jurisdiction 
        by law or special expertise with respect to any 
        environmental impact involved. Copies of such statement 
        and the comments and views of the appropriate Federal, 
        State, and local agencies, which are authorized to 
        develop and enforce environmental standards, shall be 
        made available to the President, the Council on 
        Environmental Quality and to the public as provided by 
        section 552 of title 5, United States Code, and shall 
        accompany the proposal through the existing agency 
        review processes;
          (D) Any detailed statement required under 
        subparagraph (C) after January 1, 1970, for any major 
        Federal action funded under a program of grants to 
        States shall not be deemed to be legally insufficient 
        solely by reason of having been prepared by a State 
        agency or official, if:
                  (i) the State agency or official has 
                statewide jurisdiction and has the 
                responsibility for such action,
                  (ii) the responsible Federal official 
                furnishes guidance and participates in such 
                preparation,
                  (iii) the responsible Federal official 
                independently evaluates such statement prior to 
                its approval and adoption, and
                  (iv) after January 1, 1976, the responsible 
                Federal official provides early notification 
                to, and solicits the views of, any other State 
                or any Federal land management entity of any 
                action or any alternative thereto which may 
                have significant impacts upon such State or 
                affected Federal land management entity and, if 
                there is any disagreement on such impacts, 
                prepares a written assessment of such impacts 
                and views for incorporation into such detailed 
                statement.
        The procedures in this subparagraph shall not relieve 
        the Federal official of his responsibilities for the 
        scope, objectivity, and content of the entire statement 
        or of any other responsibility under this Act; and 
        further, this subparagraph does not affect the legal 
        sufficiency of statements prepared by State agencies 
        with less than statewide jurisdiction.
          (E) study, develop, and describe appropriate 
        alternatives to recommended courses of action in any 
        proposal which involves unresolved conflicts concerning 
        alternative uses of available resources;
          (F) recognize the worldwide and long-range character 
        of environmental problems and, where consistent with 
        the foreign policy of the United States, lend 
        appropriate support to initiatives, resolutions, and 
        programs designed to maximize international cooperation 
        in anticipating and preventing a decline in the quality 
        of mankind's world environment;
          (G) make available to States, counties, 
        municipalities, institutions, and individuals, advice 
        and information useful in restoring, maintaining, and 
        enhancing the quality of the environment;
          (H) initiate and utilize ecological information in 
        the planning and development of resource-oriented 
        projects; and
          (I) assist the Council on Environmental Quality 
        established by title II of this Act.
  (b) Review of Major Federal Actions on Indian Lands.--
          (1) In general.--For any major Federal action on 
        Indian lands of an Indian tribe requiring the 
        preparation of a statement under subsection (a)(2)(C), 
        the statement shall only be available for review and 
        comment by the members of the Indian tribe and by any 
        other individual residing within the affected area.
          (2) Regulations.--The Chairman of the Council on 
        Environmental Quality shall develop regulations to 
        implement this section, including descriptions of 
        affected areas for specific major Federal actions, in 
        consultation with Indian tribes.
          (3) Definitions.--In this subsection, each of the 
        terms ``Indian land'' and ``Indian tribe'' has the 
        meaning given that term in section 2601 of the Energy 
        Policy Act of 1992 (25 U.S.C. 3501).
          (4) Clarification of authority.--Nothing in the 
        Native American Energy Act, except section 7 of that 
        Act, shall give the Secretary any additional authority 
        over energy projects on Alaska Native Claims Settlement 
        Act lands.

           *       *       *       *       *       *       *

                              ----------                              


TRIBAL FOREST PROTECTION ACT OF 2004

           *       *       *       *       *       *       *


SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

  (a) In General.--For each of fiscal years 2014 through 2018, 
the Secretary shall enter into stewardship contracts or other 
agreements, other than agreements that are exclusively 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) Definitions.--The definitions in section 2 shall apply to 
this section.
  (c) Demonstration Projects.--In each fiscal year for which 
projects are authorized, the Secretary shall enter into 
contracts or other agreements described in subsection (a) to 
carry out at least 4 new demonstration projects that meet the 
eligibility criteria described in subsection (d).
  (d) Eligibility Criteria.--To be eligible to enter into a 
contract or other agreement under this subsection, 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.
  (e) Selection.--In evaluating the applications submitted 
under subsection (c), the Secretary--
          (1) shall take into consideration the factors set 
        forth in paragraphs (1) and (2) of section 2(e) of 
        Public Law 108-278; and whether a proposed 
        demonstration project would--
                  (A) increase the availability or reliability 
                of local or regional energy;
                  (B) enhance the economic development of the 
                Indian tribe;
                  (C) improve the connection of electric power 
                transmission facilities serving the Indian 
                tribe with other electric transmission 
                facilities;
                  (D) improve the forest health or watersheds 
                of Federal land or Indian forest land or 
                rangeland; or
                  (E) otherwise promote the use of woody 
                biomass; and
          (2) shall exclude from consideration any merchantable 
        logs that have been identified by the Secretary for 
        commercial sale.
  (f) 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.
  (g) Report.--Not later than September 20, 2015, 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.
  (h) 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 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.
  (i) Term.--A stewardship contract or other 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.
                              ----------                              


                         ACT OF AUGUST 9, 1955

AN ACT To authorize the leasing of restricted Indian lands for public, 
religious, educational, recreational, residential, business, and other 
           purposes requiring the grant of long-term leases.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) any 
restricted Indian lands, whether tribally or individually 
owned, may be leased by the Indian owners, with the approval of 
the Secretary of the Interior, for public, religious, 
educational, recreational, residential, or business purposes, 
including the development or utilization of natural resources 
in connection with operations under such leases, for grazing 
purposes, and for those farming purposes which require the 
making of a substantial investment in the improvement of the 
land for the production of specialized crops as determined by 
said Secretary. All leases so granted shall be for a term of 
not to exceed twenty-five years, except leases of land located 
outside the boundaries of Indian reservations in the State of 
New Mexico, leases of land on the Agua Caliente (Palm Springs) 
Reservation, the Dania Reservation, the Pueblo of Santa Ana 
(with the exception of the lands known as the ``Santa Ana 
Pueblo Spanish Grant''), the reservation of the Confederated 
Tribes of the Warm Springs Reservation of Oregon, the Moapa 
Indian Reservation, the Swinomish Indian Reservation, the 
Southern Ute Reservation, the Fort Mojave Reservation, the 
Confederated Tribes of the Umatilla Indian Reservation, the 
Burns Paiute Reservation, the Kalispel Indian Reservation and 
land held in trust for the Kalispel Tribe of Indians, the 
Puyallup Tribe of Indians,, the pueblo of Cochiti, the pueblo 
of Pojoaque, the pueblo of Tesuque, the pueblo of Zuni, the 
Hualapai Reservation, the Spokane Reservation, the San Carlos 
Apache Reservation, the Yavapai-Prescott Community 
Reservations, the Pyramid Lake Reservation, the Gila River 
Reservation, the Soboba Indian Reservation, the Viejas Indian 
Reservation, the Tulalip Indian Reservation, the Navajo 
Reservation, the Cabazon Indian Reservation, the Muckleshoot 
Indian Reservation and land held in trust for the Muckleshoot 
Indian Tribe, the Mille Lacs Reservation with respect to a 
lease between an entity established by the Mille Lacs Band of 
Chippewa Indians and the Minnesota Historical Society, leases 
of the the lands comprising the Moses Allotment Numbered 8 and 
the Moses Allotment Numbered 10, Chelan County, Washington, and 
lands held in trust for the Las Vegas Paiute Tribe of Indians, 
and lands held in trust for the Twenty-nine Palms Band of 
Luiseno Mission Indians, and lands held in trust for the Reno 
Sparks Indian Colony, lands held in trust for the Torres 
Martinez Desert Cahuilla Indians, lands held in trust for the 
Guidiville Band of Pomo Indians of the Guidiville Indian 
Rancheria, lands held in trust for the Confederated Tribes of 
the Umatilla Indian Reservation, lands held in trust for the 
Confederated Tribes of the Warm Springs Reservation of Oregon, 
land held in trust for the Coquille Indian Tribe, land held in 
trust for the Confederated Tribes of Siletz Indians, land held 
in trust for the Confederated Tribes of the Coos, Lower Umpqua, 
and Siuslaw Indians, land held in trust for the Klamath Tribes, 
and land held in trust for the Burns Paiute Tribe, and lands 
held in trust for the Cow Creek Band of Umpqua Tribe of 
Indians, land held in trust for the Prairie Band Potawatomi 
Nation, lands held in trust for the Cherokee Nation of 
Oklahoma, land held in trust for the Fallon Paiute Shoshone 
Tribes, lands held in trust for the Pueblo of Santa Clara, land 
held in trust for the Yurok Tribe, land held in trust for the 
Hopland Band of Pomo Indians of the Hopland Rancheria, lands 
held in trust for the Yurok Tribe, lands held in trust for the 
Hopland Band of Pomo Indians of the Hopland Rancheria, lands 
held in trust for the Confederated Tribes of the Colville 
Reservation, lands held in trust for the Cahuilla Band of 
Indians of California, lands held in trust for the confederated 
Tribes of the Grand Ronde Community of Oregon, and the lands 
held in trust for the Confederated Salish and Kootenai Tribes 
of the Flathead Reservation, Montana, and leases to the Devils 
Lake Sioux Tribe, or any organization of such tribe, of land on 
the Devils Lake Sioux Reservation, and lands held in trust for 
Ohkay Owingeh Pueblo which may be for a term of not to exceed 
ninety-nine years, and except leases of land held in trust for 
the Morongo Band of Mission Indians which may be for a term of 
not to exceed 50 years, and except leases of land for grazing 
purposes which may be for a term of not to exceed ten years. 
Leases for public, religious, educational, recreational, 
residential, or business purposes with the consent of both 
parties may include provisions authorizing their renewal for 
one additional term of not to exceed twenty-five years, and all 
leases and renewals shall be made under such terms and 
regulations as may be prescribed by the Secretary of the 
Interior. Prior to approval of any lease or extension of an 
existing lease pursuant to this section, the Secretary of the 
Interior shall first satisfy himself that adequate 
consideration has been given to the relationship between the 
use of the leased lands and the use of neighboring lands; the 
height, quality, and safety of any structures or other 
facilities to be constructed on such lands; the availability of 
police and fire protection and other services; the availability 
of judicial forums for all criminal and civil causes arising on 
the leased lands; and the effect on the environment of the uses 
to which the leased lands will be subject.
  (b) Any lease by the Tulalip Tribes, the Puyallup Tribe of 
Indians, the Swinomish Indian Tribal Community, or the Kalispel 
Tribe of Indians under subsection (a) of this section, except a 
lease for the exploitation of any natural resource, shall not 
require the approval of the Secretary of the Interior (1) if 
the term of the lease does not exceed fifteen years, with no 
option to renew, (2) if the term of the lease does not exceed 
thirty years, with no option to renew, and the lease is 
executed pursuant to tribal regulations previously approved by 
the Secretary of the Interior, or (3) if the term does not 
exceed seventy-five years (including options to renew), and the 
lease is executed under tribal regulations approved by the 
Secretary under this clause (3).
  (c) Leases Involving the Hopi Tribe and the Hopi Partitioned 
Lands Accommodation Agreement.--Notwithstanding subsection (a), 
a lease of land by the Hopi Tribe to Navajo Indians on the Hopi 
Partitioned Lands may be for a term of 75 years, and may be 
extended at the conclusion of the term of the lease.
  (d) Definitions.--For purposes of this section--
          (1) the term ``Hopi Partitioned Lands'' means lands 
        located in the Hopi Partitioned Area, as defined in 
        section 168.1(g) of title 25, Code of Federal 
        Regulations (as in effect on the date of enactment of 
        this subsection);
          (2) the term ``Navajo Indians'' means members of the 
        Navajo Tribe;
          (3) the term ``individually owned Navajo Indian 
        allotted land'' means a single parcel of land that--
                  (A) is located within the jurisdiction of the 
                Navajo Nation;
                  (B) is held in trust or restricted status by 
                the United States for the benefit of Navajo 
                Indians or members of another Indian tribe; and
                  (C) was--
                          (i) allotted to a Navajo Indian; or
                          (ii) taken into trust or restricted 
                        status by the United States for an 
                        individual Indian;
          (4) the term ``interested party'' means an Indian or 
        non-Indian individual or corporation, or tribal or non-
        tribal government whose interests could be adversely 
        affected by a tribal trust land leasing decision made 
        by an applicable Indian tribe;
          (5) the term ``Navajo Nation'' means the Navajo 
        Nation government that is in existence on the date of 
        enactment of this Act or its successor;
          (6) the term ``petition'' means a written request 
        submitted to the Secretary for the review of an action 
        (or inaction) of an Indian tribe that is claimed to be 
        in violation of the approved tribal leasing 
        regulations;
          (7) the term ``Secretary'' means the Secretary of the 
        Interior;
          (8) the term ``tribal regulations'' means regulations 
        enacted in accordance with applicable tribal law and 
        approved by the Secretary;
          (9) the term ``Indian tribe'' has the meaning given 
        such term in section 102 of the Federally Recognized 
        Indian Tribe List Act of 1994 (25 U.S.C. 479a); and
          (10) the term ``individually owned allotted land'' 
        means a parcel of land that--
                  (A)(i) is located within the jurisdiction of 
                an Indian tribe; or
                  (ii) is held in trust or restricted status by 
                the United States for the benefit of an Indian 
                tribe or a member of an Indian tribe; and
                  (B) is allotted to a member of an Indian 
                tribe.
  (e)(1) Any leases by the Navajo Nation for purposes 
authorized under subsection (a), and any amendments thereto[, 
except a lease for], including leases for the exploration, 
development, or extraction of any mineral resources, shall not 
require the approval of the Secretary if the lease is executed 
under the tribal regulations approved by the Secretary under 
this subsection and the term of the lease does not exceed--
          (A) in the case of a business or agricultural lease, 
        [25 years, except that any such lease may include an 
        option to renew for up to two additional terms, each of 
        which may not exceed 25 years; and] 99 years;
          (B) in the case of a lease for public, religious, 
        educational, recreational, or residential purposes, 75 
        years if such a term is provided for by the Navajo 
        Nation through the promulgation of regulations[.]; and
          (C) in the case of a lease for the exploration, 
        development, or extraction of mineral resources, 
        including geothermal resources, 25 years, except that 
        any such lease may include an option to renew for one 
        additional term not to exceed 25 years.
  (2) Paragraph (1) shall not apply to individually owned 
Navajo Indian allotted land.
  (3) The Secretary shall have the authority to approve or 
disapprove tribal regulations referred to under paragraph (1). 
The Secretary shall approve such tribal regulations if such 
regulations are consistent with the regulations of the 
Secretary under subsection (a), and any amendments thereto, and 
provide for an environmental review process. The Secretary 
shall review and approve or disapprove the regulations of the 
Navajo Nation within 120 days of the submission of such 
regulations to the Secretary. Any disapproval of such 
regulations by the Secretary shall be accompanied by written 
documentation that sets forth the basis for the disapproval. 
Such 120-day period may be extended by the Secretary after 
consultation with the Navajo Nation.
  (4) If the Navajo Nation has executed a lease pursuant to 
tribal regulations under paragraph (1), the Navajo Nation shall 
provide the Secretary with--
          (A) a copy of the lease and all amendments and 
        renewals thereto; and
          (B) in the case of regulations or a lease that 
        permits payment to be made directly to the Navajo 
        Nation, documentation of the lease payments sufficient 
        to enable the Secretary to discharge the trust 
        responsibility of the United States under paragraph 
        (5).
  (5) The United States shall not be liable for losses 
sustained by any party to a lease executed pursuant to tribal 
regulations under paragraph (1), including the Navajo Nation. 
Nothing in this paragraph shall be construed to diminish the 
authority of the Secretary to take appropriate actions, 
including the cancellation of a lease, in furtherance of the 
trust obligation of the United States to the Navajo Nation.
  (6)(A) An interested party may, after exhaustion of tribal 
remedies, submit, in a timely manner, a petition to the 
Secretary to review the compliance of the Navajo Nation with 
any regulations approved under this subsection. If upon such 
review the Secretary determines that the regulations were 
violated, the Secretary may take such action as may be 
necessary to remedy the violation, including rescinding the 
approval of the tribal regulations and reassuming 
responsibility for the approval of leases for Navajo Nation 
tribal trust lands.
  (B) If the Secretary seeks to remedy a violation described in 
subparagraph (A), the Secretary shall--
          (i) make a written determination with respect to the 
        regulations that have been violated;
          (ii) provide the Navajo Nation with a written notice 
        of the alleged violation together with such written 
        determination; and
          (iii) prior to the exercise of any remedy or the 
        rescission of the approval of the regulation involved 
        and the reassumption of the lease approval 
        responsibility, provide the Navajo Nation with a 
        hearing on the record and a reasonable opportunity to 
        cure the alleged violation.
  (f) Any contract, including a lease or construction contract, 
affecting land within the Gila River Indian Community 
Reservation may contain a provision for the binding arbitration 
of disputes arising out of such contract. Such contracts shall 
be considered within the meaning of ``commerce'' as defined and 
subject to the provisions of section 1 of title 9, United 
States Code. Any refusal to submit to arbitration pursuant to a 
binding agreement for arbitration or the exercise of any right 
conferred by title 9 to abide by the outcome of arbitration 
pursuant to the provisions of chapter 1 of title 9, sections 1 
through 14, United States Code, shall be deemed to be a civil 
action arising under the Constitution, laws or treaties of the 
United States within the meaning of section 1331 of title 28, 
United States Code.
  (g) Lease of Tribally-Owned Land by Assiniboine and Sioux 
Tribes of the Fort Peck Reservation.--
          (1) In general.--Notwithstanding subsection (a) and 
        any regulations under part 162 of title 25, Code of 
        Federal Regulations (or any successor regulation), 
        subject to paragraph (2), the Assiniboine and Sioux 
        Tribes of the Fort Peck Reservation may lease to the 
        Northern Border Pipeline Company tribally-owned land on 
        the Fort Peck Indian Reservation for 1 or more 
        interstate gas pipelines.
          (2) Conditions.--A lease entered into under paragraph 
        (1)--
                  (A) shall commence during fiscal year 2011 
                for an initial term of 25 years;
                  (B) may be renewed for an additional term of 
                25 years; and
                  (C) shall specify in the terms of the lease 
                an annual rental rate--
                          (i) which rate shall be increased by 
                        3 percent per year on a cumulative 
                        basis for each 5-year period; and
                          (ii) the adjustment of which in 
                        accordance with clause (i) shall be 
                        considered to satisfy any review 
                        requirement under part 162 of title 25, 
                        Code of Federal Regulations (or any 
                        successor regulation).
  (h) Tribal Approval of Leases.--
          (1) In general.--At the discretion of any Indian 
        tribe, any lease by the Indian tribe for the purposes 
        authorized under subsection (a) (including any 
        amendments to subsection (a)), except a lease for the 
        exploration, development, or extraction of any mineral 
        resources, shall not require the approval of the 
        Secretary, if the lease is executed under the tribal 
        regulations approved by the Secretary under this 
        subsection and the term of the lease does not exceed--
                  (A) in the case of a business or agricultural 
                lease, 25 years, except that any such lease may 
                include an option to renew for up to 2 
                additional terms, each of which may not exceed 
                25 years; and
                  (B) in the case of a lease for public, 
                religious, educational, recreational, or 
                residential purposes, 75 years, if such a term 
                is provided for by the regulations issued by 
                the Indian tribe.
          (2) Allotted land.--Paragraph (1) shall not apply to 
        any lease of individually owned Indian allotted land.
          (3) Authority of secretary over tribal regulations.--
                  (A) In general.--The Secretary shall have the 
                authority to approve or disapprove any tribal 
                regulations issued in accordance with paragraph 
                (1).
                  (B) Considerations for approval.--The 
                Secretary shall approve any tribal regulation 
                issued in accordance with paragraph (1), if the 
                tribal regulations--
                          (i) are consistent with any 
                        regulations issued by the Secretary 
                        under subsection (a) (including any 
                        amendments to the subsection or 
                        regulations); and
                          (ii) provide for an environmental 
                        review process that includes--
                                  (I) the identification and 
                                evaluation of any significant 
                                effects of the proposed action 
                                on the environment; and
                                  (II) a process for ensuring 
                                that--
                                          (aa) the public is 
                                        informed of, and has a 
                                        reasonable opportunity 
                                        to comment on, any 
                                        significant 
                                        environmental impacts 
                                        of the proposed action 
                                        identified by the 
                                        Indian tribe; and
                                          (bb) the Indian tribe 
                                        provides responses to 
                                        relevant and 
                                        substantive public 
                                        comments on any such 
                                        impacts before the 
                                        Indian tribe approves 
                                        the lease.
                  (C) Technical assistance.--The Secretary may 
                provide technical assistance, upon request of 
                the Indian tribe, for development of a 
                regulatory environmental review process under 
                subparagraph (B)(ii).
                  (D) Indian self-determination act.--The 
                technical assistance to be provided by the 
                Secretary pursuant to subparagraph (C) may be 
                made available through contracts, grants, or 
                agreements entered into in accordance with, and 
                made available to entities eligible for, such 
                contracts, grants, or agreements under the 
                Indian Self-Determination Act (25 U.S.C. 450 et 
                seq.).
          (4) Review process.--
                  (A) In general.--Not later than 120 days 
                after the date on which the tribal regulations 
                described in paragraph (1) are submitted to the 
                Secretary, the Secretary shall review and 
                approve or disapprove the regulations.
                  (B) Written documentation.--If the Secretary 
                disapproves the tribal regulations described in 
                paragraph (1), the Secretary shall include 
                written documentation with the disapproval 
                notification that describes the basis for the 
                disapproval.
                  (C) Extension.--The deadline described in 
                subparagraph (A) may be extended by the 
                Secretary, after consultation with the Indian 
                tribe.
          (5) Federal environmental review.--Notwithstanding 
        paragraphs (3) and (4), if an Indian tribe carries out 
        a project or activity funded by a Federal agency, the 
        Indian tribe shall have the authority to rely on the 
        environmental review process of the applicable Federal 
        agency rather than any tribal environmental review 
        process under this subsection.
          (6) Documentation.--If an Indian tribe executes a 
        lease pursuant to tribal regulations under paragraph 
        (1), the Indian tribe shall provide the Secretary 
        with--
                  (A) a copy of the lease, including any 
                amendments or renewals to the lease; and
                  (B) in the case of tribal regulations or a 
                lease that allows for lease payments to be made 
                directly to the Indian tribe, documentation of 
                the lease payments that are sufficient to 
                enable the Secretary to discharge the trust 
                responsibility of the United States under 
                paragraph (7).
          (7) Trust responsibility.--
                  (A) In general.--The United States shall not 
                be liable for losses sustained by any party to 
                a lease executed pursuant to tribal regulations 
                under paragraph (1).
                  (B) Authority of secretary.--Pursuant to the 
                authority of the Secretary to fulfill the trust 
                obligation of the United States to the 
                applicable Indian tribe under Federal law 
                (including regulations), the Secretary may, 
                upon reasonable notice from the applicable 
                Indian tribe and at the discretion of the 
                Secretary, enforce the provisions of, or 
                cancel, any lease executed by the Indian tribe 
                under paragraph (1).
          (8) Compliance.--
                  (A) In general.--An interested party, after 
                exhausting of any applicable tribal remedies, 
                may submit a petition to the Secretary, at such 
                time and in such form as the Secretary 
                determines to be appropriate, to review the 
                compliance of the applicable Indian tribe with 
                any tribal regulations approved by the 
                Secretary under this subsection.
                  (B) Violations.--If, after carrying out a 
                review under subparagraph (A), the Secretary 
                determines that the tribal regulations were 
                violated, the Secretary may take any action the 
                Secretary determines to be necessary to remedy 
                the violation, including rescinding the 
                approval of the tribal regulations and 
                reassuming responsibility for the approval of 
                leases of tribal trust lands.
                  (C) Documentation.--If the Secretary 
                determines that a violation of the tribal 
                regulations has occurred and a remedy is 
                necessary, the Secretary shall--
                          (i) make a written determination with 
                        respect to the regulations that have 
                        been violated;
                          (ii) provide the applicable Indian 
                        tribe with a written notice of the 
                        alleged violation together with such 
                        written determination; and
                          (iii) prior to the exercise of any 
                        remedy, the rescission of the approval 
                        of the regulation involved, or the 
                        reassumption of lease approval 
                        responsibilities, provide the 
                        applicable Indian tribe with--
                                  (I) a hearing that is on the 
                                record; and
                                  (II) a reasonable opportunity 
                                to cure the alleged violation.
          (9) Savings clause.--Nothing in this subsection shall 
        affect subsection (e) or any tribal regulations issued 
        under that subsection.

                            DISSENTING VIEWS

    Tribal lands hold great potential for domestic energy 
production. Yet tribes often cannot harness the full economic 
development potential of their natural resources because of 
longstanding bureaucratic hurdles. H.R. 1548 aims to address 
some of these hurdles by proposing a number of changes to 
existing law or agency practice, all purportedly aimed at 
fostering energy development on Indian lands. While we agree 
that development of tribal natural resources provides an 
opportunity for significant economic benefits in Indian 
country, H.R. 1548 goes far beyond the reforms necessary to 
achieve tribal self-determination in energy development. H.R. 
1548 contravenes existing environmental protections and 
eliminates the critical check of the judiciary on the exercise 
of power by other branches of government.
    H.R. 1548 is flawed in three significant ways. First, H.R. 
1548 overreaches by limiting informed decision-making at the 
federal level through misguided curtailment of the National 
Environmental Policy Act (NEPA). Section 5 of the bill would 
amend one of the Nation's bedrock environmental laws to limit 
review of and comment on proposed projects to members of the 
affected Indian tribe and other individuals residing within an 
undefined ``affected area.'' This limitation severely restricts 
public involvement in proposed federal projects that may affect 
the environment--a central tenet of NEPA--thus contributing to 
uninformed decision making at the federal level. Moreover, 
artificially limiting such review and comment would prevent 
even other Indian tribes with cultural ties in these so-called 
affected areas from commenting on a proposed project.
    Because ``affected area'' is undefined in the bill, uniform 
application of the term is doubtful and invites legal scrutiny 
by those individuals who may be negatively impacted by a 
proposed project but who are artificially excluded from review 
and comment. Application could therefore lead to lawsuits that 
further delay development of tribal energy projects--an outcome 
that is contrary to the stated goal of this legislation. 
Notably, Section 5 is applicable to more than energy projects; 
it applies to any major project on Indian lands by an Indian 
tribe, including but not limited to, proposed mining contracts, 
proposed water development projects, construction of solid 
waste facilities, and even construction of tribal class III 
gaming facilities. The negative impact of this provision's 
waiver of NEPA protections for any type of federal action on 
Indian lands cannot be overstated.
    Second, Section 7 of the bill weakens important legal 
devices for those seeking environmental justice. It requires a 
claimant to post a significant surety bond in order to bring 
claims, prevents recovery of attorneys' fees in cases 
challenging energy projects, and makes a claimant who fails to 
succeed on the merits of a suit liable to the defendant in 
attorneys' fees and costs. These requirements make it extremely 
difficult, if not impossible, for members of the public--even 
tribal members whose homelands may be impacted by a major 
federal action of any kind--to prevent or seek judicial redress 
for environmental harm caused by an energy project on Indian 
land. Members of the Navajo Nation, for example, experienced 
firsthand the destruction caused by environmental disaster near 
Gallup, New Mexico, when United Nuclear Corporation's Church 
Rock uranium mill tailings disposal pond breached its dam and 
over 1000 tons of radioactive mill waste and approximately 93 
million gallons of mine effluent flowed into a nearby river. 
Widespread radioactive contamination from this disaster near 
Navajo lands persist to this day; if H.R. 1548 had been law at 
the time of this disaster, tribal victims without the financial 
capacity to file suit would have been barred from the 
courthouse door. We cannot support a bill that prevents 
legitimate claims from being brought by victims of 
environmental disasters caused by energy development projects 
simply because they cannot afford their day in court.
    Furthermore, Section 7 even applies to non-Indian land when 
a tribe partners with an energy company to develop natural 
resources anywhere in the United States. This troubling 
provision incentivizes energy companies to partner with tribes 
simply for the benefit of skirting NEPA and profiting from 
restricted judicial review, thus creating a significant 
loophole for virtually unregulated development.
    Lastly, Section 11 of the bill specifically prevents any 
fracking rule promulgated by the Department of the Interior 
from applying to Indian lands without the express consent of 
the owner. In practice, this provision would create an 
immediate regulatory void--a concern even the Majority has 
acknowledged since State laws that regulate hydraulic 
fracturing cannot be imposed on the tribe itself and, in any 
event, tribes oppose such application on their lands. Adequate 
protection of human health and the environment in hydraulic 
fracturing activities on tribal lands is therefore a serious 
concern when tribal owners do not consent.
    In the Subcommittee hearing on H.R. 1548, a number of 
tribal witnesses indicated a strong desire to work with the 
Bureau of Land Management on drafting hydraulic fracturing 
regulations that properly reflect the unique characteristics of 
Indian country, preserve tribal autonomy, and incorporate 
appropriate environmental safeguards. H.R. 1548 would instead 
leave it up to tribes and their members with impacted interests 
to consent, which the Administration testified would be 
difficult to obtain, particularly when consent from owners of 
fractionated interests in land is required in order for federal 
regulations to apply.
    Finally, according to CBO estimates, H.R. 1548 would cost 
$29 million through 2014-2018, assuming appropriations are 
consistent with the bill. H.R. 1548 would prohibit the Bureau 
of Land Management (BLM) from collecting fees for applications 
for a permit to drill for oil or gas on tribal lands. The fees 
are authorized to be collected in annual appropriations acts 
and are offsets to discretionary spending. That reduction in 
future fee collections would subsequently increase 
discretionary spending and would apply pay-as-you-go procedures 
thus requiring an offset.
    Democrats offered an amendment during Full Committee markup 
to improve the bill, despite its serious flaws. Representative 
Faleomavaega (D-AS), on behalf of Subcommittee Ranking Member 
Hanabusa (D-HI), offered an amendment that would have provided 
a fix to the misguided Carcieri v. Salazar decision by 
clarifying the Secretary of the Interior's authority to take 
land into trust for all federally recognized Indian tribes when 
the acquisitions are made for energy development purposes. This 
targeted Carcieri fix amendment was withdrawn only after 
Subcommittee Chairman Young pledged to work with Republican 
leadership to move comprehensive Carcieri fix legislation in 
the 113th Congress. As Indian country's highest legislative 
priority, Committee Democrats look forward to working with 
Chairman Young to advance a bipartisan bill that restores the 
Secretary's authority to take land into trust for all federally 
recognized Indian tribes, regardless of when they were 
recognized.
    In sum, the judicial review limitations contained in H.R. 
1548 are clearly intended to chill litigation to the detriment 
of bona fide claimants and undermine the real ``teeth'' of NEPA 
by making the availability of injunctive relief when an agency 
fails to fulfill the statute's procedural requirements all but 
disappear. Any legislation that would keep legitimate claims 
from being brought by victims of environmental disasters simply 
because they lack financial resources and prevent full 
application of NEPA, as H.R. 1548 would, should not be allowed 
to advance in the House.

                                   Peter DeFazio.
                                   Rush Holt.
                                   Colleen Hanabusa.

                                  
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