    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-325
    115th Congress

    An Act

    To amend the Indian Tribal Energy Development and Self Determination Act
    of 2005, and for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Tribal Energy Development and
    Self-Determination Act Amendments of 2017''.
    SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

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

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

    TITLE II--MISCELLANEOUS AMENDMENTS

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

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

    SEC. 101. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

    (a) In General.--Section 2602(a) of the Energy Policy Act of 1992
    (25 U.S.C. 3502(a)) is amended--
    (1) in paragraph (2)--
    (A) in subparagraph (C), by striking ``and'' after
    the semicolon;
    (B) in subparagraph (D), by striking the period at
    the end and inserting ``; and''; and
    (C) by adding at the end the following:

    [[Page 4446]]

    ``(E) <>  consult with each
    applicable Indian tribe before adopting or approving a
    well spacing program or plan applicable to the energy
    resources of that Indian tribe or the members of that
    Indian tribe.''; and
    (2) by adding at the end the following:
    ``(4) Planning.--
    ``(A) In general.--In carrying out the program
    established by paragraph (1), the Secretary shall
    provide technical assistance to interested Indian tribes
    to develop energy plans, including--
    ``(i) plans for electrification;
    ``(ii) plans for oil and gas permitting,
    renewable energy permitting, energy efficiency,
    electricity generation, transmission planning,
    water planning, and other planning relating to
    energy issues;
    ``(iii) plans for the development of energy
    resources and to ensure the protection of natural,
    historic, and cultural resources; and
    ``(iv) any other plans that would assist an
    Indian tribe in the development or use of energy
    resources.
    ``(B) Cooperation.--In establishing the program
    under paragraph (1), the Secretary shall work in
    cooperation with the Office of Indian Energy Policy and
    Programs of the Department of Energy.''.

    (b) Department of Energy Indian Energy Education Planning and
    Management Assistance Program.--Section 2602(b)(2) of the Energy Policy
    Act of 1992 (25 U.S.C. 3502(b)(2)) is amended--
    (1) in the matter preceding subparagraph (A), by inserting
    ``, intertribal organization,'' after ``Indian tribe'';
    (2) by redesignating subparagraphs (C) and (D) as
    subparagraphs (D) and (E), respectively; and
    (3) by inserting after subparagraph (B) the following:
    ``(C) activities to increase the capacity of Indian
    tribes to manage energy development and energy
    efficiency programs;''.

    (c) Department of Energy Loan Guarantee Program.--Section 2602(c) of
    the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amended--
    (1) in paragraph (1), by inserting ``or a tribal energy
    development organization'' after ``Indian tribe'';
    (2) in paragraph (3)--
    (A) in the matter preceding subparagraph (A), by
    striking ``guarantee'' and inserting ``guaranteed'';
    (B) in subparagraph (A), by striking ``or'';
    (C) in subparagraph (B), by striking the period at
    the end and inserting ``; or''; and
    (D) by adding at the end the following:
    ``(C) a tribal energy development organization, from
    funds of the tribal energy development organization.'';
    and
    (3) <>  in paragraph (5), by striking ``The
    Secretary of Energy may'' and inserting ``Not later than 1 year
    after the date of enactment of the Indian Tribal Energy
    Development and Self-Determination Act Amendments of 2017, the
    Secretary of Energy shall''.

    [[Page 4447]]

    SEC. 102. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

    Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C. 3503(c))
    is amended--
    (1) in paragraph (1), by striking ``on the request of an
    Indian tribe, the Indian tribe'' and inserting ``on the request
    of an Indian tribe or a tribal energy development organization,
    the Indian tribe or tribal energy development organization'';
    and
    (2) in paragraph (2)(B), by inserting ``or tribal energy
    development organization'' after ``Indian tribe''.
    SEC. 103. TRIBAL ENERGY RESOURCE AGREEMENTS.

    (a) Amendment.--Section 2604 of the Energy Policy Act of 1992 (25
    U.S.C. 3504) is amended--
    (1) in subsection (a)--
    (A) in paragraph (1)--
    (i) in subparagraph (A), by striking ``or''
    after the semicolon at the end;
    (ii) in subparagraph (B)--
    (I) by striking clause (i) and
    inserting the following:
    ``(i) an electric production, generation,
    transmission, or distribution facility (including
    a facility that produces electricity from
    renewable energy resources) located on tribal
    land; or''; and
    (II) in clause (ii)--
    (aa) by inserting ``, at
    least a portion of which have
    been'' after ``energy
    resources'';
    (bb) by inserting ``or
    produced from'' after
    ``developed on''; and
    (cc) by striking ``and''
    after the semicolon at the end
    and inserting ``or''; and
    (iii) by adding at the end the following:
    ``(C) pooling, unitization, or communitization of
    the energy mineral resources of the Indian tribe located
    on tribal land with any other energy mineral resource
    (including energy mineral resources owned by the Indian
    tribe or an individual Indian in fee, trust, or
    restricted status or by any other persons or entities)
    if the owner, or, if appropriate, lessee, of the
    resources has consented or consents to the pooling,
    unitization, or communitization of the other resources
    under any lease or agreement; and''; and
    (B) by striking paragraph (2) and inserting the
    following:
    ``(2) a lease or business agreement described in paragraph
    (1) shall not require review by, or the approval of, the
    Secretary under section 2103 of the Revised Statutes (25 U.S.C.
    81), or any other provision of law (including regulations), if
    the lease or business agreement--
    ``(A) was executed--
    ``(i) in accordance with the requirements of a
    tribal energy resource agreement in effect under
    subsection (e) (including the periodic review and
    evaluation of the activities of the Indian tribe
    under the agreement, to be conducted pursuant to
    subparagraphs (D) and (E) of subsection (e)(2));
    or

    [[Page 4448]]

    ``(ii) by the Indian tribe and a tribal energy
    development organization for which the Indian
    tribe has obtained a certification pursuant to
    subsection (h); and
    ``(B) <>  has a term that does
    not exceed--
    ``(i) 30 years; or
    ``(ii) in the case of a lease for the
    production of oil resources, gas resources, or
    both, 10 years and as long thereafter as oil or
    gas is produced in paying quantities.'';
    (2) by striking subsection (b) and inserting the following:

    ``(b) Rights-of-Way.--An Indian tribe may grant a right-of-way over
    tribal land without review or approval by the Secretary if the right-of-
    way--
    ``(1) serves--
    ``(A) an electric production, generation,
    transmission, or distribution facility (including a
    facility that produces electricity from renewable energy
    resources) located on tribal land;
    ``(B) a facility located on tribal land that
    extracts, produces, processes, or refines energy
    resources; or
    ``(C) the purposes, or facilitates in carrying out
    the purposes, of any lease or agreement entered into for
    energy resource development on tribal land;
    ``(2) was executed--
    ``(A) in accordance with the requirements of a
    tribal energy resource agreement in effect under
    subsection (e) (including the periodic review and
    evaluation of the activities of the Indian tribe under
    the agreement, to be conducted pursuant to subparagraphs
    (D) and (E) of subsection (e)(2)); or
    ``(B) by the Indian tribe and a tribal energy
    development organization for which the Indian tribe has
    obtained a certification pursuant to subsection (h); and
    ``(3) <>  has a term that does not
    exceed 30 years.'';
    (3) by striking subsection (d) and inserting the following:

    ``(d) Validity.--No lease or business agreement entered into, or
    right-of-way granted, pursuant to this section shall be valid unless the
    lease, business agreement, or right-of-way is authorized by subsection
    (a) or (b).'';
    (4) in subsection (e)--
    (A) by striking paragraph (1) and inserting the
    following:
    ``(1) In general.--
    ``(A) <>  Authorization.--On
    or after the date of enactment of the Indian Tribal
    Energy Development and Self-Determination Act Amendments
    of 2017, a qualified Indian tribe may submit to the
    Secretary a tribal energy resource agreement governing
    leases, business agreements, and rights-of-way under
    this section.
    ``(B) <>  Notice of complete
    proposed agreement.--Not later than 60 days after the
    date on which the tribal energy resource agreement is
    submitted under subparagraph (A), the Secretary shall--
    ``(i) notify the Indian tribe as to whether
    the agreement is complete or incomplete;

    [[Page 4449]]

    ``(ii) if the agreement is incomplete, notify
    the Indian tribe of what information or
    documentation is needed to complete the
    submission; and
    ``(iii) identify and notify the Indian tribe
    of the financial assistance, if any, to be
    provided by the Secretary to the Indian tribe to
    assist in the implementation of the tribal energy
    resource agreement, including the environmental
    review of individual projects.
    ``(C) Effect.--Nothing in this paragraph precludes
    the Secretary from providing any financial assistance at
    any time to the Indian tribe to assist in the
    implementation of the tribal energy resource
    agreement.'';
    (B) in paragraph (2)--
    (i) by striking ``(2)(A)'' and all that
    follows through the end of subparagraph (A) and
    inserting the following:
    ``(2) Procedure.--
    ``(A) Effective date.--
    ``(i) In general.--On the date that is 271
    days after the date on which the Secretary
    receives a tribal energy resource agreement from a
    qualified Indian tribe under paragraph (1), the
    tribal energy resource agreement shall take
    effect, unless the Secretary disapproves the
    tribal energy resource agreement under
    subparagraph (B).
    ``(ii) Revised tribal energy resource
    agreement.--On the date that is 91 days after the
    date on which the Secretary receives a revised
    tribal energy resource agreement from a qualified
    Indian tribe under paragraph (4)(B), the revised
    tribal energy resource agreement shall take
    effect, unless the Secretary disapproves the
    revised tribal energy resource agreement under
    subparagraph (B).'';
    (ii) in subparagraph (B)--
    (I) by striking ``(B)'' and all that
    follows through clause (ii) and
    inserting the following:
    ``(B) Disapproval.--The Secretary shall disapprove a
    tribal energy resource agreement submitted pursuant to
    paragraph (1) or (4)(B) only if--
    ``(i) a provision of the tribal energy
    resource agreement violates applicable Federal law
    (including regulations) or a treaty applicable to
    the Indian tribe;
    ``(ii) the tribal energy resource agreement
    does not include one or more provisions required
    under subparagraph (D); or''; and
    (II) in clause (iii)--
    (aa) in the matter preceding
    subclause (I), by striking
    ``includes'' and all that
    follows through ``section--''
    and inserting ``does not include
    provisions that, with respect to
    any lease, business agreement,
    or right-of-way to which the
    tribal energy resource agreement
    applies--'';
    (bb) by striking subclauses
    (I), (II), (V), (VIII), and
    (XV);
    (cc) by redesignating
    clauses (III), (IV), (VI),
    (VII), (IX) through (XIV), and
    (XVI) as

    [[Page 4450]]

    clauses (I), (II), (III), (IV),
    (V) through (X), and (XI),
    respectively;
    (dd) in item (bb) of
    subclause (XI) (as redesignated
    by item (cc))--
    (AA) by striking ``or
    tribal''; and
    (BB) by striking the
    period at the end and
    inserting a semicolon; and
    (ee) by adding at the end
    the following:
    ``(XII) <>
    include a certification by the Indian
    tribe that the Indian tribe has--
    ``(aa) <>  carried out a
    contract or compact under title
    I or IV of the Indian Self-
    Determination and Education
    Assistance Act (25 U.S.C. 5301
    et seq.) for a period of not
    less than 3 consecutive years
    ending on the date on which the
    Indian tribe submits the
    application without material
    audit exception (or without any
    material audit exceptions that
    were not corrected within the 3-
    year period) relating to the
    management of tribal land or
    natural resources; or
    ``(bb) substantial
    experience in the
    administration, review, or
    evaluation of energy resource
    leases or agreements or has
    otherwise substantially
    participated in the
    administration, management, or
    development of energy resources
    located on the tribal land of
    the Indian tribe; and
    ``(XIII) at the option of the Indian
    tribe, identify which functions, if any,
    authorizing any operational or
    development activities pursuant to a
    lease, right-of-way, or business
    agreement approved by the Indian tribe,
    that the Indian tribe intends to
    conduct.'';
    (iii) in subparagraph (C)--
    (I) by striking clauses (i) and
    (ii);
    (II) by redesignating clauses (iii)
    through (v) as clauses (ii) through
    (iv), respectively; and
    (III) by inserting before clause
    (ii) (as redesignated by subclause (II))
    the following:
    ``(i) <>  a process
    for ensuring that--
    ``(I) the public is informed of, and
    has reasonable opportunity to comment
    on, any significant environmental
    impacts of the proposed action; and
    ``(II) the Indian tribe provides
    responses to relevant and substantive
    public comments on any impacts described
    in subclause (I) before the Indian tribe
    approves the lease, business agreement,
    or right-of-way;'';
    (iv) in subparagraph (D)(ii), by striking
    ``subparagraph (B)(iii)(XVI)'' and inserting
    ``subparagraph (B)(iv)(XI)''; and
    (v) by adding at the end the following:
    ``(F) Effective period.--A tribal energy resource
    agreement that takes effect pursuant to this subsection
    shall remain in effect to the extent any provision of
    the tribal energy resource agreement is consistent with

    [[Page 4451]]

    applicable Federal law (including regulations), unless
    the tribal energy resource agreement is--
    ``(i) rescinded by the Secretary pursuant to
    paragraph (7)(D)(iii)(II); or
    ``(ii) voluntarily rescinded by the Indian
    tribe pursuant to the regulations promulgated
    under paragraph (8)(B) (or successor
    regulations).'';
    (C) in paragraph (4), by striking ``date of
    disapproval'' and all that follows through the end of
    subparagraph (C) and inserting the following: ``date of
    disapproval, provide the Indian tribe with--
    ``(A) a detailed, written explanation of--
    ``(i) each reason for the disapproval; and
    ``(ii) the revisions or changes to the tribal
    energy resource agreement necessary to address
    each reason; and
    ``(B) an opportunity to revise and resubmit the
    tribal energy resource agreement.'';
    (D) in paragraph (6)--
    (i) in subparagraph (B)--
    (I) by striking ``(B) Subject to''
    and inserting the following:
    ``(B) Subject only to''; and
    (II) by striking ``subparagraph
    (D)'' and inserting ``subparagraphs (C)
    and (D)'';
    (ii) in subparagraph (C), in the matter
    preceding clause (i), by inserting ``to perform
    the obligations of the Secretary under this
    section and'' before ``to ensure''; and
    (iii) in subparagraph (D), by adding at the
    end the following:
    ``(iii) Nothing in this section absolves,
    limits, or otherwise affects the liability, if
    any, of the United States for any--
    ``(I) term of any lease, business
    agreement, or right-of-way under this
    section that is not a negotiated term;
    or
    ``(II) losses that are not the
    result of a negotiated term, including
    losses resulting from the failure of the
    Secretary to perform an obligation of
    the Secretary under this section.'';
    (E) in paragraph (7)--
    (i) <>  in subparagraph
    (A), by striking ``has demonstrated'' and
    inserting ``the Secretary determines has
    demonstrated with substantial evidence'';
    (ii) in subparagraph (B), by striking ``any
    tribal remedy'' and inserting ``all remedies (if
    any) provided under the laws of the Indian
    tribe'';
    (iii) in subparagraph (D)--
    (I) in clause (i), by striking
    ``determine'' and all that follows
    through the end of the clause and
    inserting the following: ``determine--
    ``(I) whether the petitioner
    is an interested party; and
    ``(II) if the petitioner is
    an interested party, whether the
    Indian tribe is not in

    [[Page 4452]]

    compliance with the tribal
    energy resource agreement as
    alleged in the petition.'';
    (II) in clause (ii), by striking
    ``determination'' and inserting
    ``determinations''; and
    (III) in clause (iii), in the matter
    preceding subclause (I) by striking
    ``agreement'' the first place it appears
    and all that follows through ``,
    including'' and inserting ``agreement
    pursuant to clause (i), the Secretary
    shall only take such action as the
    Secretary determines necessary to
    address the claims of noncompliance made
    in the petition, including'';
    (iv) in subparagraph (E)(i), by striking ``the
    manner in which'' and inserting ``, with respect
    to each claim made in the petition, how''; and
    (v) by adding at the end the following:
    ``(G) Notwithstanding any other provision of this
    paragraph, the Secretary shall dismiss any petition from
    an interested party that has agreed with the Indian
    tribe to a resolution of the claims presented in the
    petition of that party.'';
    (F) in paragraph (8)--
    (i) by striking subparagraph (A);
    (ii) by redesignating subparagraphs (B)
    through (D) as subparagraphs (A) through (C),
    respectively; and
    (iii) in subparagraph (A) (as redesignated by
    clause (ii))--
    (I) in clause (i), by striking
    ``and'' at the end;
    (II) in clause (ii), by adding
    ``and'' after the semicolon; and
    (III) by adding at the end the
    following:
    ``(iii) amend an approved tribal energy
    resource agreement to assume authority for
    approving leases, business agreements, or rights-
    of-way for development of another energy resource
    that is not included in an approved tribal energy
    resource agreement without being required to apply
    for a new tribal energy resource agreement;'' and
    (G) by adding at the end the following:
    ``(9) Effect.--Nothing in this section authorizes the
    Secretary to deny a tribal energy resource agreement or any
    amendment to a tribal energy resource agreement, or to limit the
    effect or implementation of this section, due to lack of
    promulgated regulations.'';
    (5) by redesignating subsection (g) as subsection (j); and
    (6) by inserting after subsection (f) the following:

    ``(g) Financial Assistance in Lieu of Activities by the Secretary.--
    ``(1) In general.--Any amounts that the Secretary would
    otherwise expend to operate or carry out any program, function,
    service, or activity (or any portion of a program, function,
    service, or activity) of the Department that, as a result of an
    Indian tribe carrying out activities under a tribal energy
    resource agreement, the Secretary does not expend, the Secretary
    shall, at the request of the Indian tribe, make available to the
    Indian tribe in accordance with this subsection.

    [[Page 4453]]

    ``(2) Annual funding agreements.--The Secretary shall make
    the amounts described in paragraph (1) available to an Indian
    tribe through an annual written funding agreement that is
    negotiated and entered into with the Indian tribe that is
    separate from the tribal energy resource agreement.
    ``(3) Effect of appropriations.--Notwithstanding paragraph
    (1)--
    ``(A) the provision of amounts to an Indian tribe
    under this subsection is subject to the availability of
    appropriations; and
    ``(B) the Secretary shall not be required to reduce
    amounts for programs, functions, services, or activities
    that serve any other Indian tribe to make amounts
    available to an Indian tribe under this subsection.
    ``(4) Determination.--
    ``(A) In general.--The Secretary shall calculate the
    amounts under paragraph (1) in accordance with the
    regulations adopted under section 103(b) of the Indian
    Tribal Energy Development and Self-Determination Act
    Amendments of 2017.
    ``(B) Applicability.--The effective date or
    implementation of a tribal energy resource agreement
    under this section shall not be delayed or otherwise
    affected by--
    ``(i) a delay in the promulgation of
    regulations under section 103(b) of the Indian
    Tribal Energy Development and Self-Determination
    Act Amendments of 2017;
    ``(ii) the period of time needed by the
    Secretary to make the calculation required under
    paragraph (1); or
    ``(iii) the adoption of a funding agreement
    under paragraph (2).

    ``(h) Certification of Tribal Energy Development Organization.--
    ``(1) <>  In general.--Not later than 90
    days after the date on which an Indian tribe submits an
    application for certification of a tribal energy development
    organization in accordance with regulations promulgated under
    section 103(b) of the Indian Tribal Energy Development and Self-
    Determination Act Amendments of 2017, the Secretary shall
    approve or disapprove the application.
    ``(2) Requirements.--The Secretary shall approve an
    application for certification if--
    ``(A)(i) the Indian tribe has carried out a contract
    or compact under title I or IV of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C.
    5301 et seq.); and
    ``(ii) <>  for a period of not
    less than 3 consecutive years ending on the date on
    which the Indian tribe submits the application, the
    contract or compact--
    ``(I) has been carried out by the Indian tribe
    without material audit exceptions (or without any
    material audit exceptions that were not corrected
    within the 3-year period); and
    ``(II) has included programs or activities
    relating to the management of tribal land; and

    [[Page 4454]]

    ``(B)(i) the tribal energy development organization
    is organized under the laws of the Indian tribe;
    ``(ii)(I) the majority of the interest in the tribal
    energy development organization is owned and controlled
    by the Indian tribe (or the Indian tribe and one or more
    other Indian tribes) the tribal land of which is being
    developed; and
    ``(II) the organizing document of the tribal energy
    development organization requires that the Indian tribe
    with jurisdiction over the land maintain at all times
    the controlling interest in the tribal energy
    development organization;
    ``(iii) the organizing document of the tribal energy
    development organization requires that the Indian tribe
    (or the Indian tribe and one or more other Indian
    tribes) the tribal land of which is being developed own
    and control at all times a majority of the interest in
    the tribal energy development organization; and
    ``(iv) the organizing document of the tribal energy
    development organization includes a statement that the
    organization shall be subject to the jurisdiction, laws,
    and authority of the Indian tribe.
    ``(3) <>  Action by
    secretary.--If the Secretary approves an application for
    certification pursuant to paragraph (2), the Secretary shall,
    not more than 10 days after making the determination--
    ``(A) issue a certification stating that--
    ``(i) the tribal energy development
    organization is organized under the laws of the
    Indian tribe and subject to the jurisdiction,
    laws, and authority of the Indian tribe;
    ``(ii) the majority of the interest in the
    tribal energy development organization is owned
    and controlled by the Indian tribe (or the Indian
    tribe and one or more other Indian tribes) the
    tribal land of which is being developed;
    ``(iii) the organizing document of the tribal
    energy development organization requires that the
    Indian tribe with jurisdiction over the land
    maintain at all times the controlling interest in
    the tribal energy development organization;
    ``(iv) the organizing document of the tribal
    energy development organization requires that the
    Indian tribe (or the Indian tribe and one or more
    other Indian tribes the tribal land of which is
    being developed) own and control at all times a
    majority of the interest in the tribal energy
    development organization; and
    ``(v) the certification is issued pursuant
    this subsection;
    ``(B) deliver a copy of the certification to the
    Indian tribe; and
    ``(C) <>
    publish the certification in the Federal Register.

    ``(i) Sovereign Immunity.--Nothing in this section waives the
    sovereign immunity of an Indian tribe.''.
    (b) <>  Regulations.--Not later
    than 1 year after the date of enactment of the Indian Tribal Energy
    Development and Self-Determination Act Amendments of 2017, the Secretary
    shall promulgate

    [[Page 4455]]

    or update any regulations that are necessary to implement this section,
    including provisions to implement--
    (1) section 2604(e)(8) of the Energy Policy Act of 1992 (25
    U.S.C. 3504(e)(8)), including the process to be followed by an
    Indian tribe amending an existing tribal energy resource
    agreement to assume authority for approving leases, business
    agreements, or rights-of-way for development of an energy
    resource that is not included in the tribal energy resource
    agreement;
    (2) section 2604(g) of the Energy Policy Act of 1992 (25
    U.S.C. 3504(g)) including the manner in which the Secretary, at
    the request of an Indian tribe, shall--
    (A) identify the programs, functions, services, and
    activities (or any portions of programs, functions,
    services, or activities) that the Secretary will not
    have to operate or carry out as a result of the Indian
    tribe carrying out activities under a tribal energy
    resource agreement;
    (B) identify the amounts that the Secretary would
    have otherwise expended to operate or carry out each
    program, function, service, and activity (or any portion
    of a program, function, service, or activity) identified
    pursuant to subparagraph (A); and
    (C) <>  provide to the Indian tribe a
    list of the programs, functions, services, and
    activities (or any portions of programs, functions,
    services, or activities) identified pursuant
    subparagraph (A) and the amounts associated with each
    program, function, service, and activity (or any portion
    of a program, function, service, or activity) identified
    pursuant to subparagraph (B); and
    (3) section 2604(h) of the Energy Policy Act of 1992 (25
    U.S.C. 3504(h)), including the process to be followed by, and
    any applicable criteria and documentation required for, an
    Indian tribe to request and obtain the certification described
    in that section.
    SEC. 104. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL GOVERNMENTS.

    Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 3502(b))
    is amended--
    (1) by redesignating paragraphs (3) through (6) as
    paragraphs (4) through (7), respectively; and
    (2) by inserting after paragraph (2) the following:
    ``(3) <>  Technical and scientific
    resources.--In addition to providing grants to Indian tribes
    under this subsection, the Secretary shall collaborate with the
    Directors of the National Laboratories in making the full array
    of technical and scientific resources of the Department of
    Energy available for tribal energy activities and projects.''.
    SEC. 105. CONFORMING AMENDMENTS.

    (a) Definition of Tribal Energy Development Organization.--Section
    2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) is amended--
    (1) by redesignating paragraphs (9) through (12) as
    paragraphs (10) through (13), respectively;
    (2) by inserting after paragraph (8) the following:
    ``(9) The term `qualified Indian tribe' means an Indian
    tribe that has--

    [[Page 4456]]

    ``(A) carried out a contract or compact under title
    I or IV of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5301 et seq.) for a period of
    not less than 3 consecutive years ending on the date on
    which the Indian tribe submits the application without
    material audit exception (or without any material audit
    exceptions that were not corrected within the 3-year
    period) relating to the management of tribal land or
    natural resources; or
    ``(B) substantial experience in the administration,
    review, or evaluation of energy resource leases or
    agreements or has otherwise substantially participated
    in the administration, management, or development of
    energy resources located on the tribal land of the
    Indian tribe.''; and
    (3) by striking paragraph (12) (as redesignated by paragraph
    (1)) and inserting the following:
    ``(12) The term `tribal energy development organization'
    means--
    ``(A) any enterprise, partnership, consortium,
    corporation, or other type of business organization that
    is engaged in the development of energy resources and is
    wholly owned by an Indian tribe (including an
    organization incorporated pursuant to section 17 of the
    Act of June 18, 1934 (25 U.S.C. 5124) (commonly known as
    the ``Indian Reorganization Act'') or section 3 of the
    Act of June 26, 1936 (49 Stat. 1967, chapter 831)
    (commonly known as the `Oklahoma Indian Welfare Act'));
    and
    ``(B) any organization of two or more entities, at
    least one of which is an Indian tribe, that has the
    written consent of the governing bodies of all Indian
    tribes participating in the organization to apply for a
    grant, loan, or other assistance under section 2602 or
    to enter into a lease or business agreement with, or
    acquire a right-of-way from, an Indian tribe pursuant to
    subsection (a)(2)(A)(ii) or (b)(2)(B) of section
    2604.''.

    (b) Indian Tribal Energy Resource Development.--Section 2602 of the
    Energy Policy Act of 1992 (25 U.S.C. 3502) is amended--
    (1) in subsection (a)--
    (A) in paragraph (1), by striking ``tribal energy
    resource development organizations'' and inserting
    ``tribal energy development organizations''; and
    (B) in paragraph (2), by striking ``tribal energy
    resource development organizations'' each place the term
    appears and inserting ``tribal energy development
    organizations''; and
    (2) in subsection (b)(2), by striking ``tribal energy
    resource development organization'' and inserting ``tribal
    energy development organization''.

    (c) Wind and Hydropower Feasibility Study.--Section 2606(c)(3) of
    the Energy Policy Act of 1992 (25 U.S.C. 3506(c)(3)) is amended by
    striking ``energy resource development'' and inserting ``energy
    development''.
    (d) Conforming Amendments.--Section 2604(e) of the Energy Policy Act
    of 1992 (25 U.S.C. 3504(e)) is amended--
    (1) in paragraph (3)--

    [[Page 4457]]

    (A) by striking ``(3) The Secretary'' and inserting
    the following:
    ``(3) Notice and comment; secretarial review.--The
    Secretary''; and
    (B) by striking ``for approval'';
    (2) in paragraph (4), by striking ``(4) If the Secretary''
    and inserting the following:
    ``(4) Action in case of disapproval.--If the Secretary'';
    (3) in paragraph (5)--
    (A) by striking ``(5) If an Indian tribe'' and
    inserting the following:
    ``(5) Provision of documents to secretary.--If an Indian
    tribe''; and
    (B) in the matter preceding subparagraph (A), by
    striking ``approved'' and inserting ``in effect'';
    (4) in paragraph (6)--
    (A) by striking ``(6)(A) In carrying out'' and
    inserting the following:
    ``(6) Secretarial obligations and effect of section.--
    ``(A) In carrying out'';
    (B) in subparagraph (A), by indenting clauses (i)
    and (ii) appropriately;
    (C) in subparagraph (B), by striking ``approved''
    and inserting ``in effect''; and
    (D) in subparagraph (D)--
    (i) in clause (i), by striking ``an approved
    tribal energy resource agreement'' and inserting
    ``a tribal energy resource agreement in effect
    under this section''; and
    (ii) in clause (ii), by striking ``approved by
    the Secretary'' and inserting ``in effect''; and
    (5) in paragraph (7)--
    (A) by striking ``(7)(A) In this paragraph'' and
    inserting the following:
    ``(7) Petitions by interested parties.--
    ``(A) In this paragraph'';
    (B) in subparagraph (A), by striking ``approved by
    the Secretary'' and inserting ``in effect'';
    (C) in subparagraph (B), by striking ``approved by
    the Secretary'' and inserting ``in effect''; and
    (D) in subparagraph (D)(iii)--
    (i) in subclause (I), by striking
    ``approved''; and
    (ii) in subclause (II)--
    (I) by striking ``approval of'' in
    the first place it appears; and
    (II) by striking ``subsection (a) or
    (b)'' and inserting ``subsection
    (a)(2)(A)(i) or (b)(2)(A)''.
    SEC. 106. REPORT.

    (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Secretary of the Interior shall submit to the
    Committee on Indian Affairs of the Senate and the Committee on Natural
    Resources of the House of Representatives a report that details with
    respect to activities for energy development on Indian land, how the
    Department of the Interior--
    (1) processes and completes the reviews of energy-related
    documents in a timely and transparent manner;

    [[Page 4458]]

    (2) monitors the timeliness of agency review for all energy-
    related documents;
    (3) maintains databases to track and monitor the review and
    approval process for energy-related documents associated with
    conventional and renewable Indian energy resources that require
    Secretarial approval prior to development, including--
    (A) any seismic exploration permits;
    (B) permission to survey;
    (C) archeological and cultural surveys;
    (D) access permits;
    (E) environmental assessments;
    (F) oil and gas leases;
    (G) surface leases;
    (H) rights-of-way agreements; and
    (I) communitization agreements;
    (4) identifies in the databases--
    (A) the date lease applications and permits are
    received by the agency;
    (B) the status of the review;
    (C) the date the application or permit is considered
    complete and ready for review;
    (D) the date of approval; and
    (E) the start and end dates for any significant
    delays in the review process;
    (5) tracks in the databases, for all energy-related leases,
    agreements, applications, and permits that involve multiple
    agency review--
    (A) the dates documents are transferred between
    agencies;
    (B) the status of the review;
    (C) the date the required reviews are completed; and
    (D) the date interim or final decisions are issued.

    (b) Inclusions.--The report under subsection (a) shall include--
    (1) a description of any intermediate and final deadlines
    for agency action on any Secretarial review and approval
    required for Indian conventional and renewable energy
    exploration and development activities;
    (2) a description of the existing geographic database
    established by the Bureau of Indian Affairs, explaining--
    (A) how the database identifies--
    (i) the location and ownership of all Indian
    oil and gas resources held in trust;
    (ii) resources available for lease; and
    (iii) the location of--
    (I) any lease of land held in trust
    or restricted fee on behalf of any
    Indian tribe or individual Indian; and
    (II) any rights-of-way on that land
    in effect;
    (B) how the information from the database is made
    available to--
    (i) the officials of the Bureau of Indian
    Affairs with responsibility over the management
    and development of Indian resources; and
    (ii) resource owners; and

    [[Page 4459]]

    (C) any barriers to identifying the information
    described in subparagraphs (A) and (B) or any
    deficiencies in that information; and
    (3) an evaluation of--
    (A) the ability of each applicable agency to track
    and monitor the review and approval process of the
    agency for Indian energy development; and
    (B) the extent to which each applicable agency
    complies with any intermediate and final deadlines.

    TITLE II--MISCELLANEOUS AMENDMENTS

    SEC. 201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES.

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

    (c) <>  Definition of Indian Tribe.--For
    purposes of section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as
    amended by subsection (a)), the term ``Indian tribe'' has the meaning
    given the term in section 4 of the Indian Self-Determination and
    Education Assistance Act (25 U.S.C. 5304).
    SEC. 202. <>  TRIBAL BIOMASS
    DEMONSTRATION PROJECT.

    (a) Purpose.--The purpose of this section is to establish a biomass
    demonstration project for federally recognized Indian tribes and Alaska
    Native corporations to promote biomass energy production.
    (b) Tribal Biomass Demonstration Project.--The Tribal Forest
    Protection Act of 2004 (25 U.S.C. 3115a et seq.) is amended--
    (1) in section 2(a), by striking ``In this section'' and
    inserting ``In this Act''; and
    (2) by adding at the end the following:
    ``SEC. 3. <>  TRIBAL BIOMASS
    DEMONSTRATION PROJECT.

    ``(a) Stewardship Contracts or Similar Agreements.--For each of
    fiscal years 2017 through 2021, the Secretary shall enter into
    stewardship contracts or similar agreements (excluding direct service
    contracts) with Indian tribes to carry out demonstration projects to
    promote biomass energy production (including biofuel, heat, and
    electricity generation) on Indian forest land and in nearby communities
    by providing reliable supplies of woody biomass from Federal land.
    ``(b) Demonstration Projects.--In each fiscal year for which
    projects are authorized, at least 4 new demonstration projects that

    [[Page 4460]]

    meet the eligibility criteria described in subsection (c) shall be
    carried out under contracts or agreements described in subsection (a).
    ``(c) Eligibility Criteria.--To be eligible to enter into a contract
    or agreement under this section, an Indian tribe shall submit to the
    Secretary an application--
    ``(1) containing such information as the Secretary may
    require; and
    ``(2) that includes a description of--
    ``(A) the Indian forest land or rangeland under the
    jurisdiction of the Indian tribe; and
    ``(B) the demonstration project proposed to be
    carried out by the Indian tribe.

    ``(d) Selection.--In evaluating the applications submitted under
    subsection (c), the Secretary shall--
    ``(1) take into consideration--
    ``(A) the factors set forth in paragraphs (1) and
    (2) of section 2(e); and
    ``(B) whether a proposed project would--
    ``(i) increase the availability or reliability
    of local or regional energy;
    ``(ii) enhance the economic development of the
    Indian tribe;
    ``(iii) result in or improve the connection of
    electric power transmission facilities serving the
    Indian tribe with other electric transmission
    facilities;
    ``(iv) improve the forest health or watersheds
    of Federal land or Indian forest land or
    rangeland;
    ``(v) demonstrate new investments in
    infrastructure; or
    ``(vi) otherwise promote the use of woody
    biomass; and
    ``(2) exclude from consideration any merchantable logs that
    have been identified by the Secretary for commercial sale.

    ``(e) Implementation.--The Secretary shall--
    ``(1) <>  ensure that
    the criteria described in subsection (c) are publicly available
    by not later than 120 days after the date of enactment of this
    section; and
    ``(2) <>  to the maximum extent
    practicable, consult with Indian tribes and appropriate
    intertribal organizations likely to be affected in developing
    the application and otherwise carrying out this section.

    ``(f) Report.--Not later than September 20, 2019, the Secretary
    shall submit to Congress a report that describes, with respect to the
    reporting period--
    ``(1) each individual tribal application received under this
    section; and
    ``(2) each contract and agreement entered into pursuant to
    this section.

    ``(g) Incorporation of Management Plans.--In carrying out a contract
    or agreement under this section, on receipt of a request from an Indian
    tribe, the Secretary shall incorporate into the contract or agreement,
    to the maximum extent practicable, management plans (including forest
    management and integrated resource management plans) in effect on the
    Indian forest land or rangeland of the respective Indian tribe.

    [[Page 4461]]

    ``(h) Term.--A contract or agreement entered into under this
    section--
    ``(1) shall be for a term of not more than 20 years; and
    ``(2) may be renewed in accordance with this section for not
    more than an additional 10 years.''.

    (c) <>  Alaska Native Biomass Demonstration
    Project.--
    (1) Definitions.--In this subsection:
    (A) Federal land.--The term ``Federal land'' means--
    (i) land of the National Forest System (as
    defined in section 11(a) of the Forest and
    Rangeland Renewable Resources Planning Act of 1974
    (16 U.S.C. 1609(a)) administered by the Secretary
    of Agriculture, acting through the Chief of the
    Forest Service; and
    (ii) public lands (as defined in section 103
    of the Federal Land Policy and Management Act of
    1976 (43 U.S.C. 1702)), the surface of which is
    administered by the Secretary of the Interior,
    acting through the Director of the Bureau of Land
    Management.
    (B) Indian tribe.--The term ``Indian tribe'' has the
    meaning given the term in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C.
    5304).
    (C) Secretary.--The term ``Secretary'' means--
    (i) the Secretary of Agriculture, with respect
    to land under the jurisdiction of the Forest
    Service; and
    (ii) the Secretary of the Interior, with
    respect to land under the jurisdiction of the
    Bureau of Land Management.
    (D) Tribal organization.--The term ``tribal
    organization'' has the meaning given the term in section
    4 of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5304).
    (2) Agreements.--For each of fiscal years 2017 through 2021,
    the Secretary shall enter into an agreement or contract with an
    Indian tribe or a tribal organization to carry out a
    demonstration project to promote biomass energy production
    (including biofuel, heat, and electricity generation) by
    providing reliable supplies of woody biomass from Federal land.
    (3) Demonstration projects.--In each fiscal year for which
    projects are authorized, at least 1 new demonstration project
    that meets the eligibility criteria described in paragraph (4)
    shall be carried out under contracts or agreements described in
    paragraph (2).
    (4) Eligibility criteria.--To be eligible to enter into a
    contract or agreement under this subsection, an Indian tribe or
    tribal organization shall submit to the Secretary an
    application--
    (A) containing such information as the Secretary may
    require; and
    (B) that includes a description of the demonstration
    project proposed to be carried out by the Indian tribe
    or tribal organization.
    (5) Selection.--In evaluating the applications submitted
    under paragraph (4), the Secretary shall--
    (A) take into consideration whether a proposed
    project would--

    [[Page 4462]]

    (i) increase the availability or reliability
    of local or regional energy;
    (ii) enhance the economic development of the
    Indian tribe;
    (iii) result in or improve the connection of
    electric power transmission facilities serving the
    Indian tribe with other electric transmission
    facilities;
    (iv) improve the forest health or watersheds
    of Federal land or non-Federal land;
    (v) demonstrate new investments in
    infrastructure; or
    (vi) otherwise promote the use of woody
    biomass; and
    (B) exclude from consideration any merchantable logs
    that have been identified by the Secretary for
    commercial sale.
    (6) Implementation.--The Secretary shall--
    (A) <>  ensure
    that the criteria described in paragraph (4) are
    publicly available by not later than 120 days after the
    date of enactment of this subsection; and
    (B) <>  to the maximum extent
    practicable, consult with Indian tribes and appropriate
    tribal organizations likely to be affected in developing
    the application and otherwise carrying out this
    subsection.
    (7) Report.--Not later than September 20, 2019, the
    Secretary shall submit to Congress a report that describes, with
    respect to the reporting period--
    (A) each individual application received under this
    subsection; and
    (B) each contract and agreement entered into
    pursuant to this subsection.
    (8) Term.--A contract or agreement entered into under this
    subsection--
    (A) shall be for a term of not more than 20 years;
    and
    (B) may be renewed in accordance with this
    subsection for not more than an additional 10 years.
    SEC. 203. WEATHERIZATION PROGRAM.

    Section 413(d) of the Energy Conservation and Production Act (42
    U.S.C. 6863(d)) is amended--
    (1) by striking paragraph (1) and inserting the following:
    ``(1) Reservation of amounts.--
    ``(A) In general.--Subject to subparagraph (B) and
    notwithstanding any other provision of this part, the
    Secretary shall reserve from amounts that would
    otherwise be allocated to a State under this part not
    less than 100 percent, but not more than 150 percent, of
    an amount which bears the same proportion to the
    allocation of that State for the applicable fiscal year
    as the population of all low-income members of an Indian
    tribe in that State bears to the population of all low-
    income individuals in that State.
    ``(B) Restrictions.--Subparagraph (A) shall apply
    only if--

    [[Page 4463]]

    ``(i) the tribal organization serving the low-
    income members of the applicable Indian tribe
    requests that the Secretary make a grant directly;
    and
    ``(ii) <>  the Secretary
    determines that the low-income members of the
    applicable Indian tribe would be equally or better
    served by making a grant directly than a grant
    made to the State in which the low-income members
    reside.
    ``(C) Presumption.--If the tribal organization
    requesting the grant is a tribally designated housing
    entity (as defined in section 4 of the Native American
    Housing Assistance and Self-Determination Act of 1996
    (25 U.S.C. 4103)) that has operated without material
    audit exceptions (or without any material audit
    exceptions that were not corrected within a 3-year
    period), the Secretary shall presume that the low-income
    members of the applicable Indian tribe would be equally
    or better served by making a grant directly to the
    tribal organization than by a grant made to the State in
    which the low-income members reside.'';
    (2) in paragraph (2)--
    (A) by striking ``The sums'' and inserting
    ``Administration.--The amounts'';
    (B) by striking ``on the basis of his
    determination'';
    (C) by striking ``individuals for whom such a
    determination has been made'' and inserting ``low-income
    members of the Indian tribe''; and
    (D) by striking ``he'' and inserting ``the
    Secretary''; and
    (3) in paragraph (3), by striking ``In order'' and inserting
    ``Application.--In order''.
    SEC. 204. APPRAISALS.

    (a) In General.--Title XXVI of the Energy Policy Act of 1992 (25
    U.S.C. 3501 et seq.) is amended by adding at the end the following:
    ``SEC. 2607. <>  APPRAISALS.

    ``(a) In General.--For any transaction that requires approval of the
    Secretary and involves mineral or energy resources held in trust by the
    United States for the benefit of an Indian tribe or by an Indian tribe
    subject to Federal restrictions against alienation, any appraisal
    relating to fair market value of those resources required to be prepared
    under applicable law may be prepared by--
    ``(1) the Secretary;
    ``(2) the affected Indian tribe; or
    ``(3) a certified, third-party appraiser pursuant to a
    contract with the Indian tribe.

    ``(b) <>  Secretarial Review and Approval.--Not
    later than 45 days after the date on which the Secretary receives an
    appraisal prepared by or for an Indian tribe under paragraph (2) or (3)
    of subsection (a), the Secretary shall--
    ``(1) review the appraisal; and
    ``(2) <>  approve the appraisal unless the
    Secretary determines that the appraisal fails to meet the
    standards set forth in regulations promulgated under subsection
    (d).

    ``(c) <>  Notice of Disapproval.--If the
    Secretary determines that an appraisal submitted for approval under
    subsection (b) should

    [[Page 4464]]

    be disapproved, the Secretary shall give written notice of the
    disapproval to the Indian tribe and a description of--
    ``(1) each reason for the disapproval; and
    ``(2) how the appraisal should be corrected or otherwise
    cured to meet the applicable standards set forth in the
    regulations promulgated under subsection (d).

    ``(d) Regulations.--The Secretary shall promulgate regulations to
    carry out this section, including standards the Secretary shall use for
    approving or disapproving the appraisal described in subsection (a).''.
    SEC. 205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION.

    (a) In General.--Subsection (e)(1) of the first section of the Act
    of August 9, 1955 (commonly known as the ``Long-Term Leasing Act'') (25
    U.S.C. 415(e)(1)), is amended--
    (1) by striking ``, except a lease for'' and inserting ``,
    including a lease for'';
    (2) by striking subparagraph (A) and inserting the
    following:
    ``(A) in the case of a business or agricultural
    lease, 99 years;'';
    (3) in subparagraph (B), by striking the period at the end
    and inserting ``; and''; and
    (4) by adding at the end the following:
    ``(C) in the case of a lease for the exploration,
    development, or extraction of any mineral resource
    (including geothermal resources), 25 years, except
    that--
    ``(i) any such lease may include an option to
    renew for 1 additional term of not to exceed 25
    years; and
    ``(ii) any such lease for the exploration,
    development, or extraction of an oil or gas
    resource shall be for a term of not to exceed 10
    years, plus such additional period as the Navajo
    Nation determines to be appropriate in any case in
    which an oil or gas resource is produced in a
    paying quantity.''.

    (b) GAO Report.--Not later than 5 years after the date of enactment
    of this Act, the Comptroller General of the United States shall prepare
    and submit to Congress a report describing the progress made in carrying
    out the amendment made by subsection (a).
    SEC. 206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE CROW TRIBE OF
    MONTANA.

    Subsection (a) of the first section of the Act of August 9, 1955 (25
    U.S.C. 415(a)), is amended in the second sentence by inserting ``, land
    held in trust for the Crow Tribe of Montana'' after ``Devils Lake Sioux
    Reservation''.
    SEC. 207. <>  TRUST STATUS OF LEASE PAYMENTS.

    (a) Definition of Secretary.--In this section, the term
    ``Secretary'' means the Secretary of the Interior.
    (b) Treatment of Lease Payments.--
    (1) In general.--Except as provided in paragraph (2) and at
    the request of the Indian tribe or individual Indian, any
    advance payments, bid deposits, or other earnest money received
    by the Secretary in connection with the review and Secretarial
    approval under any other Federal law (including regulations) of
    a sale, lease, permit, or any other conveyance

    [[Page 4465]]

    of any interest in any trust or restricted land of any Indian
    tribe or individual Indian shall, upon receipt and prior to
    Secretarial approval of the contract or conveyance instrument,
    be held in the trust fund system for the benefit of the Indian
    tribe and individual Indian from whose land the funds were
    generated.
    (2) Restriction.--If the advance payment, bid deposit, or
    other earnest money received by the Secretary results from
    competitive bidding, upon selection of the successful bidder,
    only the funds paid by the successful bidder shall be held in
    the trust fund system.

    (c) Use of Funds.--
    (1) In general.--On the approval of the Secretary of a
    contract or other instrument for a sale, lease, permit, or any
    other conveyance described in subsection (b)(1), the funds held
    in the trust fund system and described in subsection (b), along
    with all income generated from the investment of those funds,
    shall be disbursed to the Indian tribe or individual Indian
    landowners.
    (2) Administration.--If a contract or other instrument for a
    sale, lease, permit, or any other conveyance described in
    subsection (b)(1) is not approved by the Secretary, the funds
    held in the trust fund system and described in subsection (b),
    along with all income generated from the investment of those
    funds, shall be paid to the party identified in, and in such
    amount and on such terms as set out in, the applicable
    regulations, advertisement, or other notice governing the
    proposed conveyance of the interest in the land at issue.

    (d) Applicability.--This section shall apply to any advance payment,
    bid deposit, or other earnest money received by the Secretary in
    connection with the review and Secretarial approval under any other
    Federal law (including regulations) of a sale, lease, permit, or any
    other conveyance of any interest in any trust or restricted land of any
    Indian tribe or individual Indian on or after the date of enactment of
    this Act.

    Approved December 18, 2018.

    LEGISLATIVE HISTORY--S. 245:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 115-1057, Pt. 1 (Comm. on Natural Resources).
    SENATE REPORTS: No. 115-84 (Comm. on Indian Affairs).
    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    Nov. 29, considered and passed
    Senate.
    Vol. 164 (2018):
    Dec. 10, considered and passed
    House.