II
Calendar No. 575
112th CONGRESS
2d Session
S. 1684
[Report No. 112–263]
IN THE SENATE OF THE UNITED STATES
October 12, 2011
Mr. Barrasso (for himself, Mr. Akaka, Mr. McCain, Mr. Hoeven, Mr. Thune, and Mr. Enzi) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs
December 21, 2012
Reported by Mr. Akaka, with amendments
Omit the part struck through and insert the part printed in italic
A BILL
To amend the Indian Tribal Energy Development and Self-Determination Act of 2005, and for other purposes.
Short title
This Act may be cited as
the Indian Tribal Energy Development and Self-Determination Act
Amendments of
.20112012
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. Conforming amendments.
Sec. 104. Technical assistance for Indian tribal governments.
Sec. 105. Indian energy efficiency.
Sec. 106. Conforming amendments.
TITLE II—Miscellaneous amendments
Sec. 201. Issuance of preliminary permits or licenses.
Sec.
202. Tribal biomass demonstration project.
Sec. 202. Tribal biomass demonstration project.
Sec. 203. Weatherization program.
Sec. 204. Appraisals.
Sec. 205. Leases of restricted lands for Navajo Nation.
Indian tribal energy development and self-determination act amendments
Indian tribal energy resource development
In general
Section 2602(a) of the Energy Policy Act of 1992 (25 U.S.C. 3502(a)) is amended—
in paragraph (2)—
in subparagraph
(C), by striking and
after the semicolon;
in subparagraph
(D), by striking the period at the end and inserting ; and
;
and
by adding at the end the following:
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
by adding at the end the following:
Planning
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—
plans for electrification;
plans for oil and gas permitting, renewable energy permitting, energy efficiency, electricity generation, transmission planning, water planning, and other planning relating to energy issues;
plans for the development of energy resources and to ensure the protection of natural, historic, and cultural resources; and
any other plans that would assist an Indian tribe in the development or use of energy resources.
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.
.
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—
in the matter
preceding subparagraph (A), by inserting , intertribal
organization,
after Indian tribe
;
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and
by inserting after subparagraph (B) the following:
activities to increase the capacity of Indian tribes to manage energy development and energy efficiency programs;
.
Department of Energy loan guarantee program
Section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amended—
in paragraph (1),
by inserting or a tribal energy development organization
after
Indian tribe
;
in paragraph (3)—
in the matter
preceding subparagraph (A), by striking guarantee
and inserting
guaranteed
;
in subparagraph
(A), by striking or
;
in subparagraph
(B), by striking the period at the end and inserting ; or
;
and
by adding at the end the following:
a tribal energy development organization, from funds of the tribal energy development organization.
; and
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
.20112012, the Secretary of Energy
shall
Indian tribal energy resource regulation
Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C. 3503(c)) is amended—
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
in paragraph
(2)(B), by inserting or tribal energy development organization
after Indian tribe
.
Tribal energy resource agreements
Amendment
Section 2604 of the Energy Policy Act of 1992 (25 U.S.C. 3504) is amended—
in subsection (a)—
in paragraph (1)—
in
subparagraph (A), by striking or
after the semicolon at the
end;
in subparagraph (B)—
by striking clause (i) and inserting the following:
an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land; or
; and
in clause (ii)—
by
inserting , at least a portion of which have been
after
energy resources
;
by
inserting or produced from
after developed on
;
and
by
striking and
after the semicolon at the end and inserting
or
; and
by adding at the end the following:
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 of the resources has consented or consents to the pooling, unitization, or communitization of the other resources under any lease or agreement; and
; and
by striking paragraph (2) and inserting the following:
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, if the lease or business agreement—
was executed—
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
by the Indian tribe and a tribal energy development organization—
for which the Indian tribe has obtained certification pursuant to subsection (h); and
the majority of the interest in which is, and continues to be throughout the full term or renewal term (if any) of the lease or business agreement, owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes); and
has a term that does not exceed—
30 years; or
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.
;
by striking subsection (b) and inserting the following:
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—
serves—
an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land;
a facility located on tribal land that extracts, produces, processes, or refines energy resources; or
the purposes, or facilitates in carrying out the purposes, of any lease or agreement entered into for energy resource development on tribal land; and
was executed—
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
by the Indian tribe and a tribal energy development organization—
for which the Indian tribe has obtained certification pursuant to subsection (h); and
the majority of the interest in which is, and continues to be throughout the full term or renewal term (if any) of the right-of-way, owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes); and
has a term that does not exceed 30 years.
;
by striking subsection (d) and inserting the following:
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).
;
in subsection (e)—
in paragraph (2)—
by
striking (2)(A)
and all that follows through the end of
subparagraph (A) and inserting the following:
Procedure
Effective date
In general
On the date that is 271 days after the date on which the Secretary receives a tribal energy resource agreement from an 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).
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 an 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).
;
in subparagraph (B)—
by striking
(B)
and all that follows through if—
and
inserting the following:
Disapproval
The Secretary shall disapprove a tribal energy resource agreement submitted pursuant to paragraph (1) or (4)(B) only if—
;
by striking clause (i) and inserting the following:
the Secretary determines that the Indian tribe has not demonstrated that the Indian tribe has sufficient capacity to regulate the development of the specific 1 or more energy resources identified for development under the tribal energy resource agreement submitted by the Indian tribe;
;
by redesignating clause (iii) as clause (iv) and indenting appropriately;
by striking clause (ii) and inserting the following:
a provision of the tribal energy resource agreement would violate applicable Federal law (including regulations) or a treaty applicable to the Indian tribe;
the tribal energy resource agreement does not include 1 or more provisions required under subparagraph (D); or
; and
in clause (iv) (as redesignated by subclause (III))—
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—
;
and
in
subclause (XVI)(bb), by striking or tribal
;
in subparagraph (C)—
in the matter
preceding clause (i), by inserting the approval of
after
with respect to
;
by striking clause (ii) and inserting the following:
the identification of mitigation measures, if any, that, in the discretion of the Indian tribe, the Indian tribe might propose for incorporation into the lease, business agreement, or right-of-way;
;
in clause
(iii)(I), by striking proposed action
and inserting
approval of the lease, business agreement, or
right-of-way
;
in clause (iv),
by striking and
at the end;
in clause (v), by
striking the period at the end and inserting ; and
; and
by adding at the end the following:
the identification of specific classes or categories of actions, if any, determined by the Indian tribe not to have significant environmental effects.
;
in
subparagraph (D)(ii), by striking subparagraph (B)(iii)(XVI)
and
inserting subparagraph (B)(iv)(XV)
; and
by adding at the end the following:
A tribal energy resource agreement that takes effect pursuant to this subsection shall remain in effect to the extent any provision of the tribal energy resource agreement is consistent with applicable Federal law (including regulations), unless the tribal energy resource agreement is—
rescinded by the Secretary pursuant to paragraph (7)(D)(iii)(II); or
voluntarily rescinded by the Indian tribe pursuant to the regulations promulgated under paragraph (8)(B) (or successor regulations).
The Secretary shall make a capacity determination under subparagraph (B)(i) not later than 120 days after the date on which the Indian tribe submits to the Secretary the tribal energy resource agreement of the Indian tribe pursuant to paragraph (1), unless the Secretary and the Indian tribe mutually agree to an extension of the time period for making the determination.
Any determination that the Indian tribe lacks the requisite capacity shall be treated as a disapproval under paragraph (4) and, not later than 10 days after the date of the determination, the Secretary shall provide to the Indian tribe—
a detailed, written explanation of each reason for the determination; and
a description of the steps that the Indian tribe should take to demonstrate sufficient capacity.
Notwithstanding any other provision of this section, an Indian tribe shall be considered to have demonstrated sufficient capacity under subparagraph (B)(i) to regulate the development of the specific 1 or more energy resources of the Indian tribe identified for development under the tribal energy resource agreement submitted by the Indian tribe pursuant to paragraph (1) if—
the Secretary determines that—
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. 450 et seq.); and
for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the tribal energy resource agreement of the Indian tribe pursuant to paragraph (1) or (4)(B), the contract or compact—
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
has included programs or activities relating to the management of tribal land; or
the Secretary fails to make the determination within the time allowed under subparagraph (G)(i) (including any extension of time agreed to under that subparagraph).
;
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 detailed, written explanation of—
each reason for the disapproval; and
the revisions or changes to the tribal energy resource agreement necessary to address each reason; and
an opportunity to revise and resubmit the tribal energy resource agreement.
;
in paragraph (6)—
in subparagraph (B)—
by striking
(B) Subject to
and inserting the following:
Subject only to
; and
by striking
subparagraph (D)
and inserting subparagraphs (C) and
(D)
;
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
in subparagraph (D), by adding at the end the following:
Nothing in this section absolves, limits, or otherwise affects the liability, if any, of the United States for any—
term of any lease, business agreement, or right-of-way under this section that is not a negotiated term; or
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.
; and
in paragraph (7)—
in
subparagraph (A), by striking has demonstrated
and inserting
the Secretary determines has demonstrated with substantial
evidence
;
in
subparagraph (B), by striking any tribal remedy
and inserting
all remedies (if any) provided under the laws of the Indian
tribe
;
in subparagraph (D)—
in clause (i), by
striking determine
and all that follows through the end of the
clause and inserting the
following:
determine—
whether the petitioner is an interested party; and
if the petitioner is an interested party, whether the Indian tribe is not in compliance with the tribal energy resource agreement as alleged in the petition.
;
in clause (ii),
by striking determination
and inserting
determinations
; and
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
;
in
subparagraph (E)(i), by striking the manner in which
and
inserting , with respect to each claim made in the petition,
how
; and
by adding at the end the following:
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.
;
by redesignating subsection (g) as subsection (j); and
by inserting after subsection (f) the following:
Financial assistance in lieu of activities by the Secretary
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.
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.
Effect of appropriations
Notwithstanding paragraph (1)—
the provision of amounts to an Indian tribe under this subsection is subject to the availability of appropriations; and
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.
Determination
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
20112012.
Applicability
The effective date or implementation of a tribal energy resource agreement under this section shall not be delayed or otherwise affected by—
a
delay in the promulgation of regulations under section 103(b) of the Indian
Tribal Energy Development and Self-Determination Act Amendments of
20112012;
the period of time needed by the Secretary to make the calculation required under paragraph (1); or
the adoption of a funding agreement under paragraph (2).
Certification of tribal energy development organization
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
20112012, the Secretary shall
approve or disapprove the application.
Requirements
The Secretary shall approve an application for certification if—
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. 450 et seq.); and
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—
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
has included programs or activities relating to the management of tribal land; and
the tribal energy development organization is organized under the laws of the Indian tribe and subject to the jurisdiction and authority of the Indian tribe;
the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes); and
the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and 1 or more other Indian tribes) own and control at all times a majority of the interest in the tribal energy development organization.
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—
issue a certification stating that—
the tribal energy development organization is organized under the laws of the Indian tribe and subject to the jurisdiction and authority of the Indian tribe;
the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes);
the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and 1 or more other Indian tribes) own and control at all times a majority of the interest in the tribal energy development organization; and
the certification is issued pursuant this subsection;
deliver a copy of the certification to the Indian tribe; and
publish the certification in the Federal Register.
Sovereign immunity
Nothing in this section waives the sovereign immunity of an Indian tribe.
.
Regulations
Not
later than 1 year after the date of enactment of the Indian Tribal Energy
Development and Self-Determination Act Amendments of
20112012, the Secretary shall
promulgate or update any regulations that are necessary to implement this
section, including provisions to implement—
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—
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;
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
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
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.
Conforming amendments
Definition of tribal energy development organization
Section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) is amended by striking paragraph (11) and inserting the following:
Tribal energy
development
organization
The term tribal energy development
organizationmeans—
The term tribal energy development organization means—
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 Indian Reorganization Act of 1934 (25 U.S.C. 477) or section 3 of the
Act of June 26, 1936 (25 U.S.C. 503) (commonly known as the Oklahoma
Indian Welfare Act
)); or
any organization of 2 or more entities, at least 1 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.
.
Indian tribal energy resource development
Section 2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is amended—
in subsection (a)—
in paragraph (1),
by striking tribal energy resource development organizations
and
inserting tribal energy development organizations
; and
in paragraph (2),
by striking tribal energy resource development organizations
each place it appears and inserting tribal energy development
organizations
; and
in subsection
(b)(2), by striking tribal energy resource development
organization
and inserting tribal energy development
organization
.
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
.
Conforming amendments
Section 2604(e) of the Energy Policy Act of 1992 (25 U.S.C. 3504(e)) is amended—
in paragraph (1)—
by striking
(1) On the date
and inserting the following:
In general
On the date
; and
by striking
for approval
;
in paragraph (2)(B)(iv) (as redesignated by section 4(a)(4)(A)(ii)(III))—
in subclause
(XIV), by inserting and
after the semicolon at the end;
by striking subclause (XV); and
by redesignating subclause (XVI) as subclause (XV);
in paragraph (3)—
by striking
(3) The Secretary
and inserting the following:
Notice and comment; Secretarial review
The Secretary
; and
by striking
for approval
;
in paragraph (4),
by striking (4) If the Secretary
and inserting the
following:
Action in case of disapproval
If the Secretary
;
in paragraph (5)—
by striking
(5) If an Indian tribe
and inserting the following:
Provision of documents to Secretary
If an Indian tribe
; and
in the matter
preceding subparagraph (A), by striking approved
and inserting
in effect
;
in paragraph (6)—
by striking
(6)(A) In carrying out
and inserting the following:
Secretarial obligations and effect of section
In carrying out
;
in subparagraph (A), by indenting clauses (i) and (ii) appropriately;
in subparagraph
(B), by striking approved
and inserting in
effect
; and
in subparagraph (D)—
in clause (i), by
striking an approved tribal energy resource agreement
and
inserting a tribal energy resource agreement in effect under this
section
; and
in clause (ii),
by striking approved by the Secretary
and inserting in
effect
; and
in paragraph (7)—
by striking
(7)(A) In this paragraph
and inserting the following:
Petitions by interested parties
In this paragraph
;
in subparagraph
(A), by striking approved by the Secretary
and inserting
in effect
;
in subparagraph
(B), by striking approved by the Secretary
and inserting
in effect
; and
in subparagraph (D)(iii)—
in subclause (I),
by striking approved
; and
in subclause (II)—
by striking
approval of
in the first place it appears; and
by striking
subsection (a) or (b)
and inserting subsection
(a)(2)(A)(i) or (b)(2)(A)
.
Technical assistance for Indian tribal governments
Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 3502(b)) is amended—
by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and
by inserting after paragraph (2) the following:
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.
.
Indian energy efficiency
Part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the end the following:
Indian energy efficiency program
Definition of Indian tribe
In this section, 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. 450b).
Purpose
The purpose of the grants provided under subsection (d) shall be to assist Indian tribes in implementing strategies—
to reduce fossil fuel emissions created as a result of activities within the jurisdictions of eligible entities in a manner that—
is environmentally sustainable; and
to the maximum extent practicable, maximizes benefits for Indian tribes and tribal members;
to increase the energy efficiency of Indian tribes and tribal members; and
to improve energy efficiency in—
the transportation sector;
the building sector; and
other appropriate sectors.
Tribal allocation
Of the amount of funds authorized to be appropriated for each fiscal year under section 365(f) to carry out this part, the Secretary shall allocate not less than 2.5 percent of the funds for each fiscal year to be distributed to Indian tribes in accordance with subsection (d).
Grants
Of the amounts available for distribution under subsection (c), the Secretary shall establish a competitive process for providing grants under this section that gives priority to projects that—
increase energy efficiency and energy conservation rather than new energy generation projects;
integrate cost-effective renewable energy with energy efficiency;
move beyond the planning stage and are ready for implementation;
clearly articulate and demonstrate the ability to achieve measurable goals;
have the potential to make an impact in the government buildings, infrastructure, communities, and land of an Indian tribe; and
maximize the creation or retention of jobs on Indian land.
Use of funds
An Indian tribe may use a grant received under this section to carry out activities to achieve the purposes described in subsection (b), including—
the development and implementation of energy efficiency and conservation strategies;
the retention of technical consultant services to assist the Indian tribe in the development of an energy efficiency and conservation strategy, including—
the formulation of energy efficiency, energy conservation, and energy usage goals;
the identification of strategies to achieve the goals—
through efforts to increase energy efficiency and reduce energy consumption; and
by encouraging behavioral changes among the population served by the Indian tribe;
the development of methods to measure progress in achieving the goals;
the development and publication of annual reports to the population served by the eligible entity describing—
the strategies and goals; and
the progress made in achieving the strategies and goals during the preceding calendar year; and
other services to assist in the implementation of the energy efficiency and conservation strategy;
the implementation of residential and commercial building energy audits;
the establishment of financial incentive programs for energy efficiency improvements;
the provision of grants for the purpose of performing energy efficiency retrofits;
the development and implementation of energy efficiency and conservation programs for buildings and facilities within the jurisdiction of the Indian tribe, including—
the design and operation of the programs;
the identification of the most effective methods of achieving maximum participation and efficiency rates;
the education of the members of an Indian tribe;
the measurement and verification protocols of the programs; and
the identification of energy efficient technologies;
the development and implementation of programs to conserve energy used in transportation, including—
the use of—
flextime by employers; or
satellite work centers;
the development and promotion of zoning guidelines or requirements that promote energy-efficient development;
the development of infrastructure, including bike lanes, pathways, and pedestrian walkways;
the synchronization of traffic signals; and
other measures that increase energy efficiency and decrease energy consumption;
the development and implementation of building codes and inspection services to promote building energy efficiency;
the application and implementation of energy distribution technologies that significantly increase energy efficiency, including—
distributed resources; and
district heating and cooling systems;
the implementation of activities to increase participation and efficiency rates for material conservation programs, including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency;
the purchase and implementation of technologies to reduce, capture, and, to the maximum extent practicable, use methane and other greenhouse gases generated by landfills or similar sources;
the replacement of traffic signals and street lighting with energy-efficient lighting technologies, including—
light-emitting diodes; and
any other technology of equal or greater energy efficiency;
the development, implementation, and installation on or in any government building of the Indian tribe of onsite renewable energy technology that generates electricity from renewable resources, including—
solar energy;
wind energy;
fuel cells; and
biomass; and
any other appropriate activity, as determined by the Secretary, in consultation with—
the Secretary of the Interior;
the Administrator of the Environmental Protection Agency;
the Secretary of Transportation;
the Secretary of Housing and Urban Development; and
Indian tribes.
Grant applications
In general
Application
To apply for a grant under this section, an Indian tribe shall submit to the Secretary a proposed energy efficiency and conservation strategy in accordance with this paragraph.
Contents
A proposed strategy described in subparagraph (A) shall include a description of—
the goals of the Indian tribe for increased energy efficiency and conservation in the jurisdiction of the Indian tribe; and
the manner in which—
the proposed strategy complies with the restrictions described in subsection (e); and
a grant will allow the Indian tribe fulfill the goals of the proposed strategy.
Approval
In general
The Secretary shall approve or disapprove a proposed strategy under paragraph (1) by not later than 120 days after the date of submission of the proposed strategy.
Disapproval
If the Secretary disapproves a proposed strategy under paragraph (1)—
the Secretary shall provide to the Indian tribe the reasons for the disapproval; and
the Indian tribe may revise and resubmit the proposed strategy as many times as necessary, until the Secretary approves a proposed strategy.
Requirement
The Secretary shall not provide to an Indian tribe a grant under this section until a proposed strategy is approved by the Secretary.
Limitations on use of funds
Of the amounts provided to an Indian tribe under this section, an Indian tribe may use for administrative expenses, excluding the cost of the reporting requirements of this section, an amount equal to the greater of—
10 percent of the administrative expenses; or
$75,000.
Annual report
Not later than 2 years after the date on which funds are initially provided to an Indian tribe under this section, and annually thereafter, the Indian tribe shall submit to the Secretary a report describing—
the status of development and implementation of the energy efficiency and conservation strategy; and
to the maximum extent practicable, an assessment of energy efficiency gains within the jurisdiction of the Indian tribe.
.
Conforming amendments
Definition of tribal energy development organization
Section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) is amended by striking paragraph (11) and inserting the following:
The term tribal energy development organization means—
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 Indian Reorganization Act of 1934 (25 U.S.C. 477) or section 3 of the
Act of June 26, 1936 (25 U.S.C. 503) (commonly known as the Oklahoma
Indian Welfare Act
)); or
any organization of 2 or more entities, at least 1 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.
.
Indian tribal energy resource development
Section 2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is amended—
in subsection (a)—
in paragraph (1), by
striking tribal energy resource development organizations
and
inserting tribal energy development organizations
; and
in paragraph (2), by
striking tribal energy resource development organizations
each
place it appears and inserting tribal energy development
organizations
; and
in subsection (b)(2), by
striking tribal energy resource development organization
and
inserting tribal energy development organization
.
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
.
Conforming amendments
Section 2604(e) of the Energy Policy Act of 1992 (25 U.S.C. 3504(e)) is amended—
in paragraph (1)—
by striking (1) On
the date
and inserting the following:
In general
On the date
; and
by striking for
approval
;
in paragraph (2)(B)(iv) (as redesignated by section 4(a)(4)(A)(ii)(III))—
in subclause (XIV), by
inserting and
after the semicolon at the end;
by striking subclause (XV); and
by redesignating subclause (XVI) as subclause (XV);
in paragraph (3)—
by striking (3)
The Secretary
and inserting the following:
Notice and comment; Secretarial review
The Secretary
; and
by striking for
approval
;
in paragraph (4), by
striking (4) If the Secretary
and inserting the
following:
Action in case of disapproval
If the Secretary
;
in paragraph (5)—
by striking (5) If
an Indian tribe
and inserting the following:
Provision of documents to Secretary
If an Indian tribe
; and
in the matter preceding
subparagraph (A), by striking approved
and inserting in
effect
;
in paragraph (6)—
by striking (6)(A)
In carrying out
and inserting the following:
Secretarial obligations and effect of section
In carrying out
;
in subparagraph (A), by indenting clauses (i) and (ii) appropriately;
in subparagraph (B), by
striking approved
and inserting in effect
;
and
in subparagraph (D)—
in clause (i), by
striking an approved tribal energy resource agreement
and
inserting a tribal energy resource agreement in effect under this
section
; and
in clause (ii), by
striking approved by the Secretary
and inserting in
effect
; and
in paragraph (7)—
by striking (7)(A)
In this paragraph
and inserting the following:
Petitions by interested parties
In this paragraph
;
in subparagraph (A), by
striking approved by the Secretary
and inserting in
effect
;
in subparagraph (B), by
striking approved by the Secretary
and inserting in
effect
; and
in subparagraph (D)(iii)—
in subclause (I), by
striking approved
; and
in subclause (II)—
by striking
approval of
in the first place it appears; and
by striking
subsection (a) or (b)
and inserting subsection
(a)(2)(A)(i) or (b)(2)(A)
.
Miscellaneous amendments
Issuance of preliminary permits or licenses
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
.
Applicability
The amendment made by subsection (a) shall not affect—
any preliminary
permit or original license issued before the date of enactment of the Indian
Tribal Energy Development and Self-Determination Act Amendments of
20112012; or
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
20112012.
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. 450b).
Tribal biomass demonstration project
The Tribal Forest Protection Act of 2004 (Public Law 108–278; 118 Stat. 868) is amended—
in section 2(a),
by striking In this section
and inserting In this
Act
; and
by adding at the end the following:
Tribal biomass demonstration
project
In general
For each of fiscal years 2013 through 2017, 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.
Demonstration projects
In each fiscal year for which projects are authorized, at least 4 new demonstration projects that meet the eligibility criteria described in subsection (c) shall be carried out under contracts or agreements described in subsection (a).
Eligibility criteria
To be eligible to enter into a contract or agreement under this subsection, an Indian tribe shall submit to the Secretary an application—
containing such information as the Secretary may require; and
that includes a description of—
the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and
the demonstration project proposed to be carried out by the Indian tribe.
Selection
In evaluating the applications submitted under subsection (c), the Secretary shall—
take into consideration—
the factors set forth in paragraphs (1) and (2) of section 2(e); and
whether a proposed project would—
increase the availability or reliability of local or regional energy;
enhance the economic development of the Indian tribe;
result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;
improve the forest health or watersheds of Federal land or Indian forest land or rangeland;
demonstrate new investments in infrastructure; or
otherwise promote the use of woody biomass; and
exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
Implementation
The Secretary shall—
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
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.
Report
Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period—
each individual tribal application received under this section; and
each contract and agreement entered into pursuant to this section.
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.
Term
A contract or agreement entered into under this section—
shall be for a term of not more than 20 years; and
may be renewed in accordance with this section for not more than an additional 10 years.
.
Tribal biomass demonstration project
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.
Tribal biomass demonstration project
The Tribal Forest Protection Act of 2004 (Public Law 108–278; 118 Stat. 868) is amended—
in section 2(a), by
striking In this section
and inserting In this
Act
; and
by adding at the end the following:
Tribal biomass demonstration project
Stewardship contracts or similar agreements
For each of fiscal years 2013 through 2017, 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.
Demonstration projects
In each fiscal year for which projects are authorized, at least 4 new demonstration projects that meet the eligibility criteria described in subsection (c) shall be carried out under contracts or agreements described in subsection (a).
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—
containing such information as the Secretary may require; and
that includes a description of—
the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and
the demonstration project proposed to be carried out by the Indian tribe.
Selection
In evaluating the applications submitted under subsection (c), the Secretary shall—
take into consideration—
the factors set forth in paragraphs (1) and (2) of section 2(e); and
whether a proposed project would—
increase the availability or reliability of local or regional energy;
enhance the economic development of the Indian tribe;
result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;
improve the forest health or watersheds of Federal land or Indian forest land or rangeland;
demonstrate new investments in infrastructure; or
otherwise promote the use of woody biomass; and
exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
Implementation
The Secretary shall—
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
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.
Report
Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period—
each individual tribal application received under this section; and
each contract and agreement entered into pursuant to this section.
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.
Term
A contract or agreement entered into under this section—
shall be for a term of not more than 20 years; and
may be renewed in accordance with this section for not more than an additional 10 years.
.
Alaska Native Corporation biomass demonstration project
Definitions
In this subsection:
Alaska Native corporation
The term Alaska Native corporation
has
the meaning given the term Native Corporation
in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
Federal land
The term “Federal land” means—
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
public lands (as defined in section 103 of the Federal Land Policy 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.
Forest land
The term “forest land” means land that—
is conveyed to an Alaska Native corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and
is considered chiefly valuable for the production of forest products or to maintain watershed or other land values enhanced by a forest cover (including commercial and noncommercial timberland and woodland), regardless of whether a formal inspection and land classification action has been taken; or
formerly had a forest or vegetative cover that is capable of restoration.
Secretary
The term “Secretary” means—
the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and
the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management.
Agreements
For each of fiscal years 2013 through 2017, the Secretary shall enter into a stewardship contract or similar agreement (excluding a direct service contract) with 1 or more Alaska Native corporations to carry out a demonstration project to promote biomass energy production (including biofuel, heat, and electricity generation) on forest land of the Alaska Native corporations and in nearby communities by providing reliable supplies of woody biomass from Federal land.
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).
Eligibility criteria
To be eligible to enter into a contract or agreement under this subsection, an Alaska Native corporation shall submit to the Secretary an application—
containing such information as the Secretary may require; and
that includes a description of—
the forest land or rangeland under the jurisdiction of the Alaska Native corporation; and
the demonstration project proposed to be carried out by the Alaska Native corporation.
Selection
In evaluating the applications submitted under paragraph (4), the Secretary shall—
take into consideration whether a proposed project would—
increase the availability or reliability of local or regional energy;
enhance the economic development of the Alaska Native corporation;
result in or improve the connection of electric power transmission facilities serving the Alaska Native corporation with other electric transmission facilities;
improve the forest health or watersheds of Federal land or Alaska Native corporation forest land or rangeland;
demonstrate new investments in infrastructure; or
otherwise promote the use of woody biomass; and
exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
Implementation
The Secretary shall—
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
to the maximum extent practicable, consult with Alaska Native corporations and appropriate Alaska Native organizations likely to be affected in developing the application and otherwise carrying out this subsection.
Report
Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period—
each individual application received under this subsection; and
each contract and agreement entered into pursuant to this subsection.
Term
A contract or agreement entered into under this subsection—
shall be for a term of not more than 20 years; and
may be renewed in accordance with this subsection for not more than an additional 10 years.
Weatherization program
Section 413(d) of the Energy Conservation and Production Act (42 U.S.C. 6863(d)) is amended—
by striking paragraph (1) and inserting the following:
Reservation of amounts
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.
Restrictions
Subparagraph (A) shall apply only if—
the tribal organization serving the low-income members of the applicable Indian tribe requests that the Secretary make a grant directly; and
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.
;
in paragraph (2)—
by striking
The sums
and inserting Administration.—The amounts
;
by striking
on the basis of his determination
;
by striking
individuals for whom such a determination has been made
and
inserting low-income members of the Indian tribe
; and
by striking
he
and inserting the Secretary
; and
in paragraph (3),
by striking In order
and inserting Application.—In
order
.
Appraisals
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:
Appraisals
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—
the Secretary;
the affected Indian tribe; or
a certified, third-party appraiser pursuant to a contract with the Indian tribe.
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—
review the appraisal; and
approve the appraisal unless the Secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection (d).
Notice of Disapproval
If the Secretary determines that an appraisal submitted for approval under subsection (b) should be disapproved, the Secretary shall give written notice of the disapproval to the Indian tribe and a description of—
each reason for the disapproval; and
how the appraisal should be corrected or otherwise cured to meet the applicable standards set forth in the regulations promulgated under subsection (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).
.
Leases of restricted lands for Navajo Nation
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—
by striking ,
except a lease for
and inserting , including a lease
for
;
by striking subparagraph (A) and inserting the following:
in the case of a business or agricultural lease, 99 years;
;
in subparagraph (B), by
striking the period at the end and inserting ; and
; and
by adding at the end the following:
in the case of a lease for the exploration, development, or extraction of any mineral resource (including geothermal resources), 25 years, except that—
any such lease may include an option to renew for 1 additional term of not to exceed 25 years; and
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.
.
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)(4).
December 21, 2012
Reported with amendments
Say “Hi” on Messenger
