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‘‘(b) The Director shall provide, direct, foster, coordi-
1
nate, and implement energy planning, education, manage-
2
ment, conservation, and delivery programs of the Depart-
3
ment that—
4
‘‘(1) promote tribal energy efficiency and utiliza-
5
tion;
6
‘‘(2) modernize and develop, for the benefit of In-
7
dian tribes, tribal energy and economic infrastructure
8
related to natural resource development and elec-
9
trification;
10
‘‘(3) preserve and promote tribal sovereignty and
11
self determination related to energy matters and en-
12
ergy deregulation;
13
‘‘(4) lower or stabilize energy costs; and
14
‘‘(5) electrify tribal members’ homes and tribal
15
lands.
16
‘‘(c) The Director shall carry out the duties assigned
17
the Secretary or the Director under title XXVI of the En-
18
ergy Policy Act of 1992 (25 U.S.C. 3501 et seq.).’’.
19
SEC. 403. CONFORMING AMENDMENTS.
20
(a) A
UTHORIZATION
OF
A
PPROPRIATIONS
.—Section
21
2603(c) of the Energy Policy Act of 1992 (25 U.S.C.
22
3503(c)) is amended to read as follows:
23
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‘‘(c) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are
1
authorized to be appropriated such sums as may be nec-
2
essary to carry out the purposes of this section.’’.
3
(b) T
ABLE OF
C
ONTENTS
.—The table of contents of the
4
Department of Energy Act is amended by inserting after
5
the item relating to section 216 the following new item:
6
‘‘Sec. 217. Office of Indian Energy Policy and Programs.’’.
(c) E
XECUTIVE
S
CHEDULE
.—Section 5315 of title 5,
7
United States Code, is amended by inserting ‘‘Director, Of-
8
fice of Indian Energy Policy and Programs, Department
9
of Energy.’’ after ‘‘Inspector General, Department of En-
10
ergy.’’.
11
SEC. 404. SITING ENERGY FACILITIES ON TRIBAL LANDS.
12
(a) D
EFINITIONS
.—For purposes of this section:
13
(1) I
NDIAN
TRIBE
.—The term ‘‘Indian tribe’’
14
means any Indian tribe, band, nation, or other orga-
15
nized group or community, which is recognized as eli-
16
gible for the special programs and services provided
17
by the United States to Indians because of their sta-
18
tus as Indians, except that such term does not include
19
any Regional Corporation as defined in section 3(g)
20
of the Alaska Native Claims Settlement Act (43
21
U.S.C. 1602(g)).
22
(2) I
NTERESTED PARTY
.—The term ‘‘interested
23
party’’ means a person whose interests could be ad-
24
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HR 6 EAS1S/PP
versely affected by the decision of an Indian tribe to
1
grant a lease or right-of-way pursuant to this section.
2
(3) P
ETITION
.—The term ‘‘petition’’ means a
3
written request submitted to the Secretary for the re-
4
view of an action (or inaction) of the Indian tribe
5
that is claimed to be in violation of the approved trib-
6
al regulations.
7
(4) R
ESERVATION
.—The term ‘‘reservation’’
8
means—
9
(A) with respect to a reservation in a State
10
other than Oklahoma, all land that has been set
11
aside or that has been acknowledged as having
12
been set aside by the United States for the use
13
of an Indian tribe, the exterior boundaries of
14
which are more particularly defined in a final
15
tribal treaty, agreement, executive order, Federal
16
statute, secretarial order, or judicial determina-
17
tion;
18
(B) with respect to a reservation in the
19
State of Oklahoma, all land that is—
20
(i) within the jurisdictional area of an
21
Indian tribe, and
22
(ii) within the boundaries of the last
23
reservation of such tribe that was estab-
24
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HR 6 EAS1S/PP
lished by treaty, executive order, or secre-
1
tarial order.
2
(5) S
ECRETARY
.—The term ‘‘Secretary’’ means
3
the Secretary of the Interior.
4
(6) T
RIBAL
LANDS
.—The term ‘tribal lands’
5
means any tribal trust lands, or other lands owned by
6
an Indian tribe that are within such tribe’s reserva-
7
tion.
8
(b) L
EASES
I
NVOLVING
G
ENERATION
, T
RANSMISSION
,
9
D
ISTRIBUTION OR
E
NERGY
P
ROCESSING
F
ACILITIES
.—An
10
Indian tribe may grant a lease of tribal land for electric
11
generation, transmission, or distribution facilities, or facili-
12
ties to process or refine renewable or nonrenewable energy
13
resources developed on tribal lands, and such leases shall
14
not require the approval of the Secretary if the lease is exe-
15
cuted under tribal regulations approved by the Secretary
16
under this subsection and the term of the lease does not ex-
17
ceed 30 years.
18
(c) R
IGHTS
-
OF
-W
AY
FOR
E
LECTRIC
G
ENERATION
,
19
T
RANSMISSION
, D
ISTRIBUTION OR
E
NERGY
P
ROCESSING
20
F
ACILITIES
.—An Indian tribe may grant a right-of-way
21
over tribal lands for a pipeline or an electric transmission
22
or distribution line without separate approval by the Sec-
23
retary, if—
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(1) the right-of-way is executed under and com-
1
plies with tribal regulations approved by the Sec-
2
retary and the term of the right-of-way does not ex-
3
ceed 30 years; and
4
(2) the pipeline or electric transmission or dis-
5
tribution line serves—
6
(A) an electric generation, transmission or
7
distribution facility located on tribal land, or
8
(B) a facility located on tribal land that
9
processes or refines renewable or nonrenewable
10
energy resources developed on tribal lands.
11
(d) R
ENEWALS
.—Leases or rights-of-way entered into
12
under this subsection may be renewed at the discretion of
13
the Indian tribe in accordance with the requirements of this
14
section.
15
(e) T
RIBAL
R
EGULATION
R
EQUIREMENTS
.—(1) The
16
Secretary shall have the authority to approve or disapprove
17
tribal regulations required under this subsection. The Sec-
18
retary shall approve such tribal regulations if they are com-
19
prehensive in nature, including provisions that address—
20
(A) securing necessary information from the les-
21
see or right-of-way applicant;
22
(B) term of the conveyance;
23
(C) amendments and renewals;
24
(D) consideration for the lease or right-of-way;
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(E) technical or other relevant requirements;
1
(F) requirements for environmental review as set
2
forth in paragraph (3);
3
(G) requirements for complying with all applica-
4
ble environmental laws; and
5
(H) final approval authority.
6
(2) No lease or right-of-way shall be valid unless au-
7
thorized in compliance with the approved tribal regula-
8
tions.
9
(3) An Indian tribe, as a condition of securing Secre-
10
tarial approval as contemplated in paragraph (1), must es-
11
tablish an environmental review process that includes the
12
following—
13
(A) an identification and evaluation of all sig-
14
nificant environmental impacts of the proposed action
15
as compared to a no action alternative;
16
(B) identification of proposed mitigation;
17
(C) a process for ensuring that the public is in-
18
formed of and has an opportunity to comment on the
19
proposed action prior to tribal approval of the lease
20
or right-of-way; and
21
(D) sufficient administrative support and tech-
22
nical capability to carry out the environmental re-
23
view process.
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(4) The Secretary shall review and approve or dis-
1
approve the regulations of the Indian tribe within 180 days
2
of the submission of such regulations to the Secretary. Any
3
disapproval of such regulations by the Secretary shall be
4
accompanied by written documentation that sets forth the
5
basis for the disapproval. The 180-day period may be ex-
6
tended by the Secretary after consultation with the Indian
7
tribe.
8
(5) If the Indian tribe executes a lease or right-of-way
9
pursuant to tribal regulations required under this sub-
10
section, the Indian tribe shall provide the Secretary with—
11
(A) a copy of the lease or right-of-way document
12
and all amendments and renewals thereto; and
13
(B) in the case of regulations or a lease or right-
14
of-way that permits payment to be made directly to
15
the Indian tribe, documentation of the payments suf-
16
ficient to enable the Secretary to discharge the trust
17
responsibility of the United States as appropriate
18
under existing law.
19
(6) The United States shall not be liable for losses sus-
20
tained by any party to a lease executed pursuant to tribal
21
regulations under this subsection, including the Indian
22
tribe.
23
(7)(A) An interested party may, after exhaustion of
24
tribal remedies, submit, in a timely manner, a petition to
25
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the Secretary to review the compliance of the Indian tribe
1
with any tribal regulations approved under this subsection.
2
If upon such review, the Secretary determines that the regu-
3
lations were violated, the Secretary may take such action
4
as may be necessary to remedy the violation, including re-
5
scinding or holding the lease or right-of-way in abeyance
6
until the violation is cured. The Secretary may also rescind
7
the approval of the tribal regulations and reassume the re-
8
sponsibility for approval of leases or rights-of-way associ-
9
ated with the facilities addressed in this section.
10
(B) If the Secretary seeks to remedy a violation de-
11
scribed in subparagraph (A), the Secretary shall—
12
(i) make a written determination with respect to
13
the regulations that have been violated;
14
(ii) provide the Indian tribe with a written no-
15
tice of the alleged violation together with such written
16
determination; and
17
(iii) prior to the exercise of any remedy or the
18
rescission of the approval of the regulations involved
19
and reassumption of the lease or right-of-way ap-
20
proval responsibility, provide the Indian tribe with a
21
hearing and a reasonable opportunity to cure the al-
22
leged violation.
23
(C) The tribe shall retain all rights to appeal as pro-
24
vided by regulations promulgated by the Secretary.
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(f) A
GREEMENTS
.—(1) Agreements between an Indian
1
tribe and a business entity that are directly associated with
2
the development of electric generation, transmission or dis-
3
tribution facilities, or facilities to process or refine renew-
4
able or nonrenewable energy resources developed on tribal
5
lands, shall not separately require the approval of the Sec-
6
retary pursuant to section 18 of title 25, United States
7
Code, so long as the activity that is the subject of the agree-
8
ment has been the subject of an environmental review proc-
9
ess pursuant to subsection (e) of this section.
10
(2) The United States shall not be liable for any losses
11
or damages sustained by any party, including the Indian
12
tribe, that are associated with an agreement entered into
13
under this subsection.
14
(g) D
ISCLAIMER
.—Nothing in this section is intended
15
to modify or otherwise affect the applicability of any provi-
16
sion of the Indian Mineral Leasing Act of 1938 (25 U.S.C.
17
396a–396g); Indian Mineral Development Act of 1982 (25
18
U.S.C. 2101–2108); Surface Mining Control and Reclama-
19
tion Act of 1977 (30 U.S.C. 1201–1328); any amendments
20
thereto; or any other laws not specifically addressed in this
21
section.
22
SEC. 405. INDIAN MINERAL DEVELOPMENT ACT REVIEW.
23
(a) I
N
G
ENERAL
.—The Secretary of the Interior shall
24
conduct a review of the activities that have been conducted
25
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HR 6 EAS1S/PP
by the governments of Indian tribes under the authority of
1
the Indian Mineral Development Act of 1982 (25 U.S.C.
2
2101 et seq.).
3
(b) R
EPORT
.—Not later than 1 year after the date of
4
the enactment of this Act, the Secretary shall transmit to
5
the Committee on Resources of the House of Representatives
6
and the Committee on Indian Affairs and the Committee
7
on Energy and Natural Resources of the Senate a report
8
containing—
9
(1) the results of the review;
10
(2) recommendations designed to help ensure
11
that Indian tribes have the opportunity to develop
12
their nonrenewable energy resources; and
13
(3) an analysis of the barriers to the development
14
of energy resources on Indian land, including Federal
15
policies and regulations, and make recommendations
16
regarding the removal of those barriers.
17
(c) C
ONSULTATION
.—The Secretary shall consult with
18
Indian tribes on a government-to-government basis in devel-
19
oping the report and recommendations as provided in this
20
subsection.
21
SEC. 406. RENEWABLE ENERGY STUDY.
22
(a) I
N
G
ENERAL
.—Not later than 2 years after the
23
date of the enactment of this Act, and once every 2 years
24
thereafter, the Secretary of Energy shall transmit to the
25
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Committees on Energy and Commerce and Resources of the
1
House of Representatives and the Committees on Energy
2
and Natural Resources and Indian Affairs of the Senate
3
a report on energy consumption and renewable energy de-
4
velopment potential on Indian land. The report shall iden-
5
tify barriers to the development of renewable energy by In-
6
dian tribes, including Federal policies and regulations, and
7
make recommendations regarding the removal of such bar-
8
riers.
9
(b) C
ONSULTATION
.—The Secretary shall consult with
10
Indian tribes on a government-to-government basis in devel-
11
oping the report and recommendations as provided in this
12
section.
13
SEC. 407. FEDERAL POWER MARKETING ADMINISTRATIONS.
14
Title XXVI of the Energy Policy Act of 1992 (25
15
U.S.C. 3501) (as amended by section 201) is amended by
16
adding at the end the following:
17
‘‘SEC. 2608. FEDERAL POWER MARKETING ADMINISTRA-
18
TIONS.
19
‘‘(a) D
EFINITION OF
A
DMINISTRATOR
.—In this sec-
20
tion, the term ‘Administrator’ means—
21
‘‘(1) the Administrator of the Bonneville Power
22
Administration; or
23
‘‘(2) the Administrator of the Western Area
24
Power Administration.
25
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