[House Report 115-993]
[From the U.S. Government Publishing Office]


115th Congress    }                                   {         Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {        115-993

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



 
                       NATIVE AMERICAN ENERGY ACT

                                _______
                                

October 23, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 210]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 210) 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. 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 paragraphs (2) and (3).
          ``(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. 3. 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. 4. 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) Review and comment.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the statement required under subsection (a)(2)(C) 
                for a major Federal action regarding an activity on 
                Indian lands of an Indian tribe shall only be available 
                for review and comment by--
                          ``(i) Indian tribes in the affected area and 
                        individual members of those tribes wherever 
                        they reside;
                          ``(ii) Other individuals who reside in the 
                        affected area; and
                          ``(iii) State and local governments within 
                        the affected area.
                  ``(B) Exception.--Subparagraph (A) shall not apply to 
                a statement for a major Federal action regarding an 
                activity on Indian lands of an Indian tribe related to 
                gaming under the Indian Gaming Regulatory Act.
          ``(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 6 of that Act, shall give 
        the Secretary any additional authority over energy projects on 
        Alaska Native Claims Settlement Act lands.''.

SEC. 5. JUDICIAL REVIEW.

  (a) Time for Filing Complaint.--Any energy related action must be 
filed not later than the end of the 60-day period beginning on the date 
of the final agency action. Any energy related action not filed within 
this time period shall be barred.
  (b) District Court Venue and Deadline.--All energy related actions--
          (1) shall be brought in the United States District Court for 
        the District of Columbia; and
          (2) shall be resolved as expeditiously as possible, and in 
        any event not more than 180 days after such cause of action is 
        filed.
  (c) Appellate Review.--An interlocutory order or final judgment, 
decree or order of the district court in an energy related action may 
be reviewed by the United States Court of Appeals for the District of 
Columbia Circuit. The District of Columbia Circuit Court of Appeals 
shall resolve such appeal as expeditiously as possible, and in any 
event not more than 180 days after such interlocutory order or final 
judgment, decree or order of the district court was issued.
  (d) 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 person or party in an 
energy related action.
  (e) Legal Fees.--In any energy related action in which the plaintiff 
does not ultimately prevail, the court shall award to the defendant 
(including any intervenor-defendants), other than the United States, 
fees and other expenses incurred by that party in connection with the 
energy related action, unless the court finds that the position of the 
plaintiff was substantially justified or that special circumstances 
make an award unjust. Whether or not the position of the plaintiff was 
substantially justified shall be determined on the basis of the 
administrative record, as a whole, which is made in the energy related 
action for which fees and other expenses are sought.
  (f) Definitions.--For the purposes of this section, the following 
definitions apply:
          (1) Agency action.--The term ``agency action'' has the same 
        meaning given such term in section 551 of title 5, United 
        States Code.
          (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 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.--The phrase ``ultimately prevail'' 
        means, in a final enforceable judgment, the court rules in the 
        party's favor on at least one cause of action which is an 
        underlying rationale for the preliminary injunction, 
        administrative stay, or other relief requested by the party, 
        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.

SEC. 6. 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 2016 through 2020, 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 one year subsequent to the date of 
enactment of this section, 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. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

  ``The Secretary of the Interior and the Secretary of Agriculture may 
carry out demonstration projects by which federally recognized Indian 
tribes or tribal organizations may contract to perform administrative, 
management, and other functions of programs of the Tribal Forest 
Protection Act of 2004 (25 U.S.C. 3115a et seq.) through contracts 
entered into under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.).''.

SEC. 7. 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. 8. 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. 9. 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. 210 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


                 OBSTACLES TO INDIAN ENERGY DEVELOPMENT

    In the energy world, Indian tribes and individual Indian 
landowners regularly encounter obstacles not encountered on 
leases of private and State lands. In general, federal law 
requires the approval of the Department of the Interior (DOI) 
before a tribal lease with an energy developer is valid. For 
example, under the Indian Land Mineral Leasing Act of 1982,\1\ 
a tribe or individual Indian may only lease their trust lands 
for mineral development subject to the approval of the 
Secretary of the Interior. Pursuant to this authority, DOI has 
developed sprawling rules for the approval of leases of Indian 
lands. The rules often trigger the National Environmental 
Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) reviews, 
lengthy appraisals, expensive applications for permits to 
drill, and numerous other layers of dilatory bureaucratic 
review often involving multiple agencies. Each layer of review 
gives federal or private special interests an opportunity to 
meddle, interfere, delay, appeal, or sue to slow or stop 
permitting of energy development on Indian lands.
---------------------------------------------------------------------------
    \1\25 U.S.C. 2101 et seq.
---------------------------------------------------------------------------
    In a specific example, the Acting Chairman for the Southern 
Ute Indian Tribe in 2014 reported that the Bureau of Indian 
Affairs' (BIA) review of some of its energy-related documents 
took as long as eight years. As of April 30, 2014, the Tribe 
had been waiting for at least five years for BIA to review 81 
pipeline rights-of-way agreements--11 of the 81 rights-of-way 
applications had been under review for eight years. According 
to the official, had these rights-of-way applications been 
approved in a timely manner, the Tribe would have received 
revenue through various sources, including permitting fees, oil 
and gas severance taxes, and royalties. The official noted 
that, during the period of delay, prices for natural gas rose 
to an historic high but had since declined. Therefore, the 
official reported that much of the estimated $95 million in 
lost revenue will never be recovered by the Tribe.\2\
---------------------------------------------------------------------------
    \2\S. 2132, the Indian Tribal Energy and Self-Determination Act 
Amendments. Statement of the Honorable James Mike Olguin, Acting 
Chairman, Southern Ute Indian Tribe (113th Congress).
---------------------------------------------------------------------------
    The current federal regulatory scheme obstructs 
historically impoverished tribes from fully realizing the huge 
economic potential of developing their natural resources. 
Because tribes with large energy resources tend to be in rural 
areas, development of these resources offers one of the few 
non-government means available for them to create jobs and a 
revenue stream to meet member demands for tribal services or 
activities, investment in the local community, and new energy 
supply to meet consumer demand.
    In June 2015, the Government Accountability Office (GAO) 
released a report titled Indian Energy Development: Poor 
Management by BIA Has Hindered Energy Development on Indian 
Lands.\3\ In this report, GAO documented and described serious 
shortcomings in DOI's administration of energy development on 
Indian lands, shortcomings that ``can increase costs and 
project development times, resulting in missed development 
opportunities, lost revenue, and jeopardized viability of 
projects.''\4\
---------------------------------------------------------------------------
    \3\GAO-15-502.
    \4\Id. at 1.
---------------------------------------------------------------------------
    For example, GAO described how one tribe estimated it had 
lost out on more than $95 million in revenues it could have 
earned due to delays. Further, as the report states, 
``According to Interior officials, while the potential for oil 
and gas development can be identical regardless of the type of 
land ownership--such as State, private or Indian--the added 
complexity of the federal process stops many developers from 
pursuing Indian oil and gas resources for development.''\5\ 
Moreover, GAO noted that while BIA created a Realty Tracking 
System to monitor leases of Indian lands, this system does not 
collect oil and gas activities nor use a standard approach to 
collect information.
---------------------------------------------------------------------------
    \5\Id. at 24.
---------------------------------------------------------------------------
    Despite the 2015 report from GAO and its work with federal 
agencies responsible for fulfilling the management of the 
development of Indian energy resources, GAO listed Indian 
Energy on its biennial ``high risk'' list for waste, fraud and 
abuse in March 2017. GAO stated, ``BIA has in recent years 
continued to mismanage Indian energy resources held in trust, 
thereby limiting opportunities for tribes and their members to 
use those resources to create economic benefits and improve 
their communities.''\6\
---------------------------------------------------------------------------
    \6\http://www.gao.gov/highrisk/
improving_federal_management_serve_tribes/why_did_study
---------------------------------------------------------------------------

         RECENT CHANGES IN FEDERAL INDIAN LAW CONCERNING ENERGY

    The Energy Policy Act of 2005\7\ authorized tribes to enter 
into Tribal Energy Resource Agreements (TERA) with the 
Secretary of the Interior. Under a TERA, a tribe would develop 
energy leasing rules that, after review and approval by the 
Secretary of the Interior, would govern the tribe's leasing of 
its lands for energy development purposes. Under an approved 
TERA, a tribe could execute energy leases on its lands without 
review and approval by BIA and without day-to-day supervision 
of the lease by the government except for monitoring the 
tribe's compliance with the TERA.
---------------------------------------------------------------------------
    \7\25 U.S.C. 3501 et seq.
---------------------------------------------------------------------------
    Even after a decade, no tribe has successfully entered into 
a TERA with the Secretary. The 2017 GAO report cited a few 
reasons for this failure, including: uncertainty about TERA 
regulations; limited tribal capacity and costs associated with 
assuming activities currently conducted by federal agencies; 
and a complex application process.\8\
---------------------------------------------------------------------------
    \8\See GAO-15-502 at 32.
---------------------------------------------------------------------------

                    ENERGY RESOURCES ON INDIAN LANDS

    DOI holds 56 million acres of land in trust or restricted 
status for the benefit of Indian tribes and individual Indians. 
In Alaska, Alaska Native Corporations (ANCs) own 44 million 
acres of fee land (not under the jurisdiction of DOI). The ANCs 
obtained these lands in settlement of their aboriginal land 
claims under the Alaska Native Claims Settlement Act of 1971 
(ANCSA).\9\
---------------------------------------------------------------------------
    \9\43 U.S.C. 1617 et seq.
---------------------------------------------------------------------------
    Several Indian reservations contain large accumulations of 
known and prospective mineral resources. According to the BIA, 
in 2015, over 418,881 ownership certification transactions 
formed the basis for monetary distributions in the amount of 
$1.1 billion in mineral royalty payments and $210 million in 
surface lease and related payments.\10\
---------------------------------------------------------------------------
    \10\Fiscal Year 2018 Budget Justification. Bureau of Indian Affairs 
at IA-RES-10.
---------------------------------------------------------------------------
    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. Kaktovik Inupiat Corporation and 
Arctic Slope Regional Corporation own significant land 
interests in the 1002 Area (coastal plain) of the Arctic 
National Wildlife Refuge (ANWR). They plan to develop the 
area's prospective and large oil and gas resources to advance 
the economic, social, and cultural well-being of the Inupiat 
Eskimo people who make up the majority of residents on the 
North Slope of Alaska.\11\
---------------------------------------------------------------------------
    \11\file:///C:/Users/lpittman/Downloads/ASRC%20ANWR%20Brochure.pdf; 
http://www.newsminer.com/opinion/community_perspectives/alaskans-say-
yes-to-drilling-in-anwr/article_a8f798da-a751-11e7-b12f-
7b6aecd5b9f9.html
---------------------------------------------------------------------------
    There are high wind and solar prospects on a number of 
Indian reservations.\12\ In 2013, DOI issued a final rule\13\ 
revising surface (non-mineral) leasing of Indian trust lands, 
including streamlining for approval of wind and solar projects. 
Despite wind and solar industries' heavy subsidies by the 
federal government, only one significant wind project is 
generating power on tribal lands.\14\
---------------------------------------------------------------------------
    \12\https://www.geni.org/globalenergy/research/renewable-energy-on-
tribal-lands/Renewable-Energy-on-Tribal-Lands.pdf, at 3.
    \13\25 C.F.R. Part 162.
    \14\https://www.hcn.org/articles/federal-agency-shortcomings-
stalling-solar-wind-tribal-winds
---------------------------------------------------------------------------

                          HYDRAULIC FRACTURING

    Breakthroughs 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 
economic opportunity.\15\
---------------------------------------------------------------------------
    \15\http://www.navajotimes.com/politics/2013/0513/052313fra.php
---------------------------------------------------------------------------
    However, one of the major threats to oil and gas 
development on Indian lands in recent years was the Bureau of 
Land Management (BLM) 2015 rule to regulate hydraulic 
fracturing (HF) on public lands.\16\ This rule deemed public 
lands to include land held in trust for Indians. While title to 
Indian trust lands is owned by the federal government in a 
technical legal sense, the beneficial interest in such lands is 
vested exclusively in the Indian beneficiaries. In other words, 
the public does not have a legal right to the use of Indian 
trust lands. The BLM's rule turned this fundamental tenet of 
federal Indian policy on its head.
---------------------------------------------------------------------------
    \16\80 Fed. Reg. 16128.
---------------------------------------------------------------------------
    At an April 19, 2012, Subcommittee on Indian and Alaska 
Native Affairs oversight hearing, tribal leaders testified that 
the proposed HF rule could further drive oil and gas operators 
from Indian lands and deprive historically impoverished tribes 
of a needed source of private investment, tribal royalty 
revenues, and high-wage jobs. Tribes opposed to the proposed 
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. As one tribal witness 
explained, ``BLM's proposed rule to address public outcry for 
activities on public lands overreaches its goal and infringes 
on tribal sovereign authority to make decisions concerning 
development on reservation lands.''\17\
---------------------------------------------------------------------------
    \17\Oversight Hearing before the Subcommittee on Indian and Alaska 
Native Affairs (2012). Bureau of Land Management's Hydraulic Fracturing 
Rule's Impacts on Indian Tribal Energy Development. Statement of T.J. 
Snow, Chairman of the Blackfeet Nation. 112th Congress.
---------------------------------------------------------------------------
    At a 2015 hearing conducted by the Subcommittee on Energy 
and Mineral Resources to study the impacts of BLM's final HF 
rule,\18\ a tribal leader testified that the final rule fails 
to separate tribal lands from public lands.\19\
---------------------------------------------------------------------------
    \18\Oversight Hearing before the Subcommittee on Energy and Mineral 
Resources (2015). The Future of Hydraulic Fracturing on Federally 
Managed Lands. 114th Congress. Serial No. 114-15.
    \19\Id. at 4.
---------------------------------------------------------------------------
    Moreover, the BLM HF rule would reduce the competitiveness 
of Indian tribes in energy markets. 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 fee land, 
where more reasonable State rules govern.
    A federal judge and the Trump Administration responded to 
the harmful Obama Administration HF rule. On June 21, 2016, the 
U.S. District Court for Wyoming struck down the rule, holding 
that BLM lacked Congressional authority to promulgate the 
regulation, thus blocking the implementation of the rule.\20\ 
While the regulation was on hold, in March 2017, Department of 
the Interior Secretary Ryan Zinke directed BLM to review the HF 
rule. BLM subsequently published a proposed rule to rescind the 
2015 HF rule, and in December 2017, BLM published a final rule 
rescinding the HF rule because ``it imposes administrative 
burdens and compliance costs that are not justified.''\21\
---------------------------------------------------------------------------
    \20\https://www.aogr.com/magazine/sneak-peek-preview/u.s.-district-
court-in-wyoming-rejects-blms-fracturing-rule
    \21\https://www.gpo.gov/fdsys/pkg/FR-2017-12-29/pdf/2017-28211.pdf
---------------------------------------------------------------------------
    For now, the threat of the rule has been averted through 
the federal courts and the Trump Administration's plans to 
rescind the Obama Administration rule that has been harmful to 
the interests of tribes with oil and gas resources. Because of 
the potential for the rule to be proposed by a future 
Administration, Congressional action to address the needs and 
interests of Indian tribes is necessary.

            PREVIOUS CONGRESSIONAL ACTIONS ON INDIAN ENERGY

    In the 112th Congress, the Subcommittee on Indian and 
Alaska Native Affairs held five\22\ Indian energy-related 
hearings. In the 113th Congress, the Natural Resources 
Committee reported H.R. 1548, the Native American Energy Act, 
which was included as part of larger energy packages which 
passed the House of Representatives.\23\
---------------------------------------------------------------------------
    \22\Oversight Hearing before the Subcommittee on Indian and Native 
Alaska Affairs (2011). Tribal development of energy resources and the 
creation of energy jobs on Indian lands. 112th Congress; Legislative 
Hearing on H.R. 3975 before Subcommittee on Indian and Native Alaska 
Affairs (2012). 112th Congress; Oversight Field Hearing before the 
Subcommittee on Indian and Alaska Native Affairs (2012). Federal Laws 
and Policies Affecting Energy Prices in Rural Alaska and their Effects 
on Native Villages. 112th Congress; Oversight Hearing before the 
Subcommittee on Indian and Alaska Native Affairs (2012). Bureau of Land 
Management's Hydraulic Fracturing Rule's Impacts on Indian Tribal 
Energy Development. 112th Congress.
    \23\See H.R. 2, the American Energy Solutions for Lower Costs and 
More American Jobs Act, 113th Congress (2014), and H.R. 1965, Federal 
Lands Jobs and Energy Security Act of 2013, 113th Congress.
---------------------------------------------------------------------------
    In the 114th Congress, the House passed H.R. 538, a bill 
identical to H.R. 210, with bipartisan support. H.R. 538 was 
also included in the House-passed amendment to S. 2012, the 
North American Energy Security and Infrastructure Act of 2016.
    H.R. 210 addresses concerns various Native American leaders 
have brought to the attention of the Committee on Natural 
Resources in earlier 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.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 sets forth the short title of the Act, the 
``Native American Energy Act''.

Section 2. Appraisals

    Section 2 improves the process for appraising land and 
other assets held in trust by the United States for the benefit 
of Indian tribes. Under this provision, an appraisal of land or 
resources held in trust for the benefit of a tribe may, at the 
option of the tribe, be conducted by the Secretary of the 
Interior, the tribe, or a certified third-party appraiser. The 
Secretary is required to review and act on any appraisal 
submitted by a tribe or third-party appraiser within 30 days, 
and after 60 days of inaction by the Secretary, such appraisal 
is deemed approved.
    Section 2 further provides, in the advancement of tribal 
self-determination and economic freedom, for an Indian tribe to 
have an option to waive any appraisal of its trust lands. For 
any such waiver to be effective, the tribe must clearly waive 
the necessity for an appraisal to be conducted and waive any 
claims for damages it may have against the United States 
resulting from the lack of an appraisal. The intent of this 
section is to allow a tribe the same freedom as a private (non-
tribal) entity to negotiate a business deal (e.g., leasing of 
its trust land) without the imposition of a federal mandate 
that may inhibit the completion of the deal.

Section 3. Standardization

    Section 3 directs the Secretary of the Interior to 
standardize how the seven bureaus within DOI track oil and gas 
activities on Indian lands.

Section 4. Environmental reviews of major federal actions on Indian 
        lands

    Section 4 amends Section 102 of the National Environmental 
Policy Act of 1969\24\ to provide that for any environmental 
impact statement required 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, any 
other individual residing within the affected area, and State 
and local governments within the affected area. Section 4 
additionally sets forth that the Chairman of the Council on 
Environmental Quality shall develop regulations to implement 
this section. This amendment addresses complaints from several 
tribes that certain federal laws--including NEPA--treat Indian-
owned lands as public lands.
---------------------------------------------------------------------------
    \24\42 U.S.C. 4332.
---------------------------------------------------------------------------

Section 5. Judicial review

    Section 5 would deter the filing of a frivolous lawsuit 
intended to slow or stop federal permitting, licensing, or 
other federal permission relating to Indian or Alaska Native 
energy development. In this context, a frivolous lawsuit is a 
lawsuit filed by an entity that expects not to prevail on the 
merits of its claims, but to prevail through the imposition of 
delays and costs inherent in litigation that stymie the timely 
issuance of federal permits or approvals for Indian tribes or 
ANCs to develop energy resources.
    Specifically, section 5 expedites the time of filing and 
resolving lawsuits against Indian- or ANC-related energy 
development activities and provides that such lawsuits must be 
brought in the U.S. District Court for the District of Columbia 
Circuit. Under this section, no taxpayer funds may be used to 
reimburse fees or expenses for plaintiffs filing these 
frivolous lawsuits, and the plaintiffs must pay fees and 
expenses to a defendant (other than the United States) unless 
they ultimately prevail, unless the court finds the position of 
the plaintiff was substantially justified or special 
circumstances make an award unjust.

Section 6. Tribal biomass demonstration project

    Section 6 amends the Tribal Forest Protection Act of 
2004\25\ 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. This would provide new tools to 
tribes to ensure neighboring federal forestlands or rangelands 
are healthy and do not threaten reservation lands with wildfire 
or disease.
---------------------------------------------------------------------------
    \25\Public Law 108-278.
---------------------------------------------------------------------------

Section 7. Tribal resource management plans

    Section 7 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 8. Leases of restricted lands for the Navajo Nation

    Section 8 substantially enhances Navajo Nation leasing 
authority. Specifically, section 8 amends the Long-Term Leasing 
Act\26\ to grant the Navajo Nation authority to lease its trust 
lands for mineral development without approval of the Secretary 
of the Interior if such mineral leasing is conducted pursuant 
to tribal regulations that have been approved by the Secretary. 
Under current law, the Navajo Nation may lease its trust lands 
for non-mineral purposes under the same conditions. Section 8 
merely brings the tribe's mineral leasing power into parity 
with its non-mineral leasing power. This provision advances 
Congress's policy of promoting tribal self-determination as was 
done with the enactment of the HEARTH Act.\27\
---------------------------------------------------------------------------
    \26\25 U.S.C. 415.
    \27\Public Law 112-151, the Helping Expedite and Advance 
Responsible Tribal Homeownership Act (2012).
---------------------------------------------------------------------------
    Section 8 would additionally permit the Navajo to lease its 
trust land for business or agricultural purposes for a term of 
up to 99 years (current law allows a term of up to 25 years 
with an option to renew for up to 25 years), and for mineral 
development for a term of up to 25 years with an option to 
renew for one additional term of up to 25 years.

Section 9. Nonapplicability of certain rules

    Section 9 provides that no rule promulgated by DOI 
concerning hydraulic fracturing for the production of oil and 
gas resources shall have any effect on Indian trust land 
without the express consent of the Indian beneficiary.

                            Committee Action

    H.R. 210 was introduced on January 3, 2017, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the 
Subcommittees on Indian, Insular and Alaska Native Affairs and 
Energy and Mineral Resources. On October 3, 2017, the Natural 
Resources Committee met to consider the bill. The Subcommittees 
were discharged by unanimous consent. Congressman Don Young 
offered an amendment designated #1; it was adopted by voice 
vote. No further amendments were offered and the bill, as 
amended, was ordered favorably reported to the House of 
Representatives, by a bipartisan roll call vote of 25 yeas and 
15 nays on October 4, 2017, as follows:


            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 and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 13, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 210, the Native 
American Energy Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 210--Native American Energy Act

    H.R. 210 would make several changes related to 
environmental laws, energy programs, and the management of 
mineral resources on Native American reservations. The bill 
would:
           Require the Department of the Interior (DOI) 
        to approve or deny any appraisal of energy projects 
        submitted by an Indian tribe within 30 days and allow 
        tribes to waive the requirement for appraisals under 
        specified circumstances;
           Require DOI to enter into contracts for 
        energy demonstration projects using timber from federal 
        forests that is not marketable;
           Authorize DOI and the Forest Service to 
        enter into contracts with tribes for forest management 
        demonstration projects; and
           Prohibit the payment of attorneys' fees 
        under the Equal Access to Justice Act (EAJA) for 
        lawsuits regarding energy projects on tribal lands.
    CBO estimates that changing the appraisal process and 
authorizing contracts for demonstration projects would not have 
a significant effect on spending subject to appropriation.
    Because H.R. 210 would prohibit the federal government from 
paying attorneys' fees under the EAJA for lawsuits regarding 
energy projects on tribal lands, enacting the bill would affect 
direct spending; therefore, pay-as-you-go procedures apply. CBO 
estimates that any reduction in those payments under H.R. 210 
would be insignificant--historically such payments have been 
small. Enacting H.R. 210 would not affect revenues. The 
provision affecting energy demonstration projects would not 
affect direct spending because the affected timber is 
nonmarketable and do not generate receipts to the government.
    CBO estimates that enacting H.R. 210 would not increase net 
direct spending or on-budget deficits in one or more of the 
four consecutive 10-year periods beginning in 2028.
    H.R. 210 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
     2. 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. Section 2 requires the Secretary of 
the Interior to develop regulations for implementing the 
appraisal reforms in section 2. Section 4 requires the Chairman 
of the Council on Environmental Quality to develop regulations 
to implement environmental reviews of major federal actions on 
Indian lands.
    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.

                Preemption 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, and existing law in which no 
change is proposed is shown in roman):

                       ENERGY POLICY ACT OF 1992


SEC. 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 paragraphs (2) and (3).
          (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) Review and comment.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the statement required under 
                subsection (a)(2)(C) for a major Federal action 
                regarding an activity on Indian lands of an 
                Indian tribe shall only be available for review 
                and comment by--
                          (i) Indian tribes in the affected 
                        area and individual members of those 
                        tribes wherever they reside;
                          (ii) Other individuals who reside in 
                        the affected area; and
                          (iii) State and local governments 
                        within the affected area.
                  (B) Exception.--Subparagraph (A) shall not 
                apply to a statement for a major Federal action 
                regarding an activity on Indian lands of an 
                Indian tribe related to gaming under the Indian 
                Gaming Regulatory Act.
          (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 6 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 2016 through 2020, 
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 one year subsequent to the date 
of enactment of this section, 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. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

  The Secretary of the Interior and the Secretary of 
Agriculture may carry out demonstration projects by which 
federally recognized Indian tribes or tribal organizations may 
contract to perform administrative, management, and other 
functions of programs of the Tribal Forest Protection Act of 
2004 (25 U.S.C. 3115a et seq.) through contracts entered into 
under the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.).
                              ----------                              


                         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

    While we agree that development of tribal natural resources 
provides an opportunity for significant economic benefits in 
Indian country, H.R. 210 goes far beyond the reforms necessary 
to achieve tribal self-determination in energy development. 
H.R. 210 contravenes existing environmental protections and 
eliminates the critical check of the judiciary on the exercise 
of power by other branches of government.
    H.R. 210 overreaches by limiting informed decision-making 
at the federal level through misguided curtailment of the 
National Environmental Policy Act (NEPA). Section 4 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, thus contributing to uninformed 
decision-making at the federal level. Arbitrarily limiting such 
review and comment would prevent even other Indian tribes with 
cultural ties to these so-called affected areas from commenting 
on a proposed project.
    Furthermore, 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 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 4 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 
activities, proposed water development projects, construction 
of solid waste facilities, and even construction of tribal 
class III gaming facilities.
    Section 5 of the bill weakens important legal devices for 
those seeking environmental justice. It prevents recovery of 
attorneys' fees in cases challenging energy projects, and makes 
a claimant who fails to succeed on the merits of a suit 
potentially liable to the defendant for 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. 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.
    Section 5 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.
    Section 9 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 
because State laws that regulate hydraulic fracturing cannot be 
imposed on the tribe unless the tribe expressly waives 
sovereignty. 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.
    For these reasons, we strongly oppose H.R. 210, a bill that 
would prevent full application of NEPA, as well as keep 
legitimate claims from being brought by victims of 
environmental disasters simply because they lack financial 
resources.

                                   Raul M. Grijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Darren Soto.
                                   Jared Huffman.
                                   Alan S. Lowenthal.
                                   Grace F. Napolitano.
                                   Donald S. Beyer.
                                   A. Donald McEachin.
                                   Nanette Diaz Barragan.

                                  [all]