§ 3502. Indian tribal energy resource development

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2005

   Energy Policy Act of 1992

   Pub. L. 102–486 title XXVI § 2602 · 106 Stat. 2776

   Enacted · 25 U.S.C. § 3502

   Pub. L. 102–486, title XXVI, § 2602, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 765

   Source evidence

   Code source credit
   Pub. L. 102–486, title XXVI, § 2602, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 765

   Enacted provision · exact public law section
   SEC. 2602. TRIBAL CONSULTATION. In implementing the provisions of this Act, the Secretary of Energy shall involve and consult with Indian tribes to the maximum extent possible and where appropriate and shall do so in a manner that is consistent with the Federal trust and the Government-to-Government relationships between Indian tribes and the Federal Government.

2. 2018

   Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

   Pub. L. 115–325 § 105(b)(1)(A) · 132 Stat. 4445

   Substituted · 25 U.S.C. § 3502(a)(1)

   Pub. L. 115–325, § 105(b)(1)(A), substituted “tribal energy development organizations” for “tribal energy resource development organizations”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 115–325, § 105(b)(1)(A), substituted “tribal energy development organizations” for “tribal energy resource development organizations”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “tribal energy resource development organizations” and inserting “tribal energy development organizations”; and

3. 2018

   Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

   Pub. L. 115–325 § 105(b)(1)(B) · 132 Stat. 4445

   Substituted · 25 U.S.C. § 3502(a)(2)

   Pub. L. 115–325, § 105(b)(1)(B), substituted “tribal energy development organizations” for “tribal energy resource development organizations” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 115–325, § 105(b)(1)(B), substituted “tribal energy development organizations” for “tribal energy resource development organizations” wherever appearing.

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking “tribal energy resource development organizations” each place the term appears and inserting “tribal energy development organizations”; and

4. 2018

   Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

   Pub. L. 115–325 § 101(a)(1) · 132 Stat. 4445

   Added · 25 U.S.C. § 3502(a)(2)(E)

   Pub. L. 115–325, § 101(a)(1), added subpar. (E)

   Source evidence

   Code amendment note
   Subsec. (a)(2)(E). Pub. L. 115–325, § 101(a)(1), added subpar. (E).

   Enacted provision · exact public law section
   (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: “(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

5. 2018

   Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

   Pub. L. 115–325 § 101(a)(2) · 132 Stat. 4445

   Added · 25 U.S.C. § 3502(a)(4)

   Pub. L. 115–325, § 101(a)(2), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 115–325, § 101(a)(2), added par. (4).

   Enacted provision · exact public law section
   (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.” .

6. 2018

   Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

   Pub. L. 115–325 title I · 132 Stat. 4445

   Substituted · 25 U.S.C. § 3502(b)(2)

   Pub. L. 115–325, §§ 101(b)(1), 105(b)(2), substituted “Indian tribe, intertribal organization, or tribal energy development organization” for “Indian tribe or tribal energy resource development organization” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 115–325, §§ 101(b)(1), 105(b)(2), substituted “Indian tribe, intertribal organization, or tribal energy development organization” for “Indian tribe or tribal energy resource development organization” in introductory provisions.

   Enacted provision · exact public law
   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: “(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”. 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 “(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; “(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 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 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 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. “(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 “(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 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— “(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)— (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; (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 (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.

7. 2018

   Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

   Pub. L. 115–325 § 101(b)(2) · 132 Stat. 4445

   1. Added · 25 U.S.C. § 3502(b)(2)(C)(E)

      Pub. L. 115–325, § 101(b)(2), (3), added subpar. (C)

   2. Redesignated · 25 U.S.C. § 3502(b)(2)(C)(E)

      Pub. L. 115–325, § 101(b)(2), (3), redesignated former subpars. (C) and (D) as (D) and (E), respectively

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C) to (E). Pub. L. 115–325, § 101(b)(2), (3), added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.

   Enacted provision · exact public law section
   (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and

8. 2018

   Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

   Pub. L. 115–325 § 104 · 132 Stat. 4445

   1. Added · 25 U.S.C. § 3502(b)(3)(7)

      Pub. L. 115–325, § 104, added par. (3)

   2. Redesignated · 25 U.S.C. § 3502(b)(3)(7)

      Pub. L. 115–325, § 104, redesignated former pars. (3) to (6) as (4) to (7), respectively

   Source evidence

   Code amendment note
   Subsec. (b)(3) to (7). Pub. L. 115–325, § 104, added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively.

   Enacted provision · exact public law 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.” .

9. 2018

   Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

   Pub. L. 115–325 § 101(c)(1) · 132 Stat. 4445

   Inserted · 25 U.S.C. § 3502(c)(1)

   Pub. L. 115–325, § 101(c)(1), inserted “or a tribal energy development organization” after “Indian tribe”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 115–325, § 101(c)(1), inserted “or a tribal energy development organization” after “Indian tribe”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by inserting “or a tribal energy development organization” after “Indian tribe”;

10. 2018

    Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

    Pub. L. 115–325 § 101(c)(2)(A) · 132 Stat. 4445

    Substituted · 25 U.S.C. § 3502(c)(3)

    Pub. L. 115–325, § 101(c)(2)(A), substituted “guaranteed” for “guarantee” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 115–325, § 101(c)(2)(A), substituted “guaranteed” for “guarantee” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding subparagraph (A), by striking “guarantee” and inserting “guaranteed”;

11. 2018

    Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

    Pub. L. 115–325 § 101(c)(2)(B) · 132 Stat. 4445

    Added · 25 U.S.C. § 3502(c)(3)(C)

    Pub. L. 115–325, § 101(c)(2)(B)–(D), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C). Pub. L. 115–325, § 101(c)(2)(B)–(D), added subpar. (C).

    Enacted provision · exact public law section
    (B) in subparagraph (A), by striking “or”;

12. 2018

    Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

    Pub. L. 115–325 § 101(c)(3) · 132 Stat. 4445

    Substituted · 25 U.S.C. § 3502(c)(5)

    Pub. L. 115–325, § 101(c)(3), substituted “Not later than 1 year after December 18, 2018, the Secretary of Energy shall” for “The Secretary of Energy may”

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 115–325, § 101(c)(3), substituted “Not later than 1 year after December 18, 2018, the Secretary of Energy shall” for “The Secretary of Energy may”.

    Enacted provision · exact public law section
    (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”.

13. 2020

    Department of Defense Appropriations Act, 2021

    Pub. L. 116–260 § 8013(b) · 134 Stat. 1182

    Added · 25 U.S.C. § 3502(b)(5)(D); 25 U.S.C. § 3502(b)(5)(E)

    Pub. L. 116–260, § 8013(b), added subpars. (D) and (E)

    Source evidence

    Code amendment note
    Subsec. (b)(5)(D), (E). Pub. L. 116–260, § 8013(b), added subpars. (D) and (E).

    Enacted provision · exact public law section
    Sec. 8013. None Lobbying. of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress.

14. 2020

    Department of Defense Appropriations Act, 2021

    Pub. L. 116–260 § 8013(c) · 134 Stat. 1182

    Substituted · 25 U.S.C. § 3502(b)(7)

    Pub. L. 116–260, § 8013(c), substituted “$30,000,000 for each of fiscal years 2021 through 2025” for “$20,000,000 for each of fiscal years 2006 through 2016”

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 116–260, § 8013(c), substituted “$30,000,000 for each of fiscal years 2021 through 2025” for “$20,000,000 for each of fiscal years 2006 through 2016”.

    Enacted provision · exact public law section
    Sec. 8013. None Lobbying. of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress.

15. 2022

    Pub. L. 117–169 title V § 50145(b) · 136 Stat. 1818

    Substituted · 25 U.S.C. § 3502(c)(1)

    Pub. L. 117–169 substituted “, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)) for” for “) for an amount equal to not more than 90 percent of”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 117–169 substituted “, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)) for” for “) for an amount equal to not more than 90 percent of”.

    Enacted provision · exact public law section
    (b) Department of Energy Tribal 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 striking “) for an amount equal to not more than 90 percent of” and inserting “, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)) for”; and (2) in paragraph (4), by striking “$2,000,000,000” and inserting “$20,000,000,000”.

16. 2022

    Pub. L. 117–169 § 50145(b)(2) · 136 Stat. 1818

    Substituted · 25 U.S.C. § 3502(c)(4)

    Pub. L. 117–169, § 50145(b)(2), substituted “$20,000,000,000” for “$2,000,000,000”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 117–169, § 50145(b)(2), substituted “$20,000,000,000” for “$2,000,000,000”.

    Enacted provision · exact public law section
    (2) in paragraph (4), by striking “$2,000,000,000” and inserting “$20,000,000,000”.

17 of 18 references resolved to an enrolled provision · 1 partial