Native American Energy Act - (Sec. 3) Amends the Energy Policy Act of 1992 to allow the Secretary of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring the Secretary's approval.
Gives the Secretary 30 days after receipt of the appraisal to review it and provide the Indian tribe with written notice of its approval or disapproval. Deems the appraisal to be approved after 60 days go by without the Secretary's approval or disapproval.
Gives tribes the option of waiving such appraisals, but they must also waive any claims for damages they might have against the federal government due to the lack of an appraisal.
(Sec. 4) Requires each agency within the Department of the Interior involved in the review of oil and gas activities on Indian lands to use a uniform system of reference numbers and tracking systems for oil and gas wells.
(Sec. 5) Amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected Indian tribe and individuals residing within the affected area.
(Sec. 6) Amends the Energy Policy Act of 1992 to direct the Secretary to establish at least five Indian Energy Development Offices, each within a regional or agency office of the Bureau of Indian Affairs (BIA), to assist the Secretary in carrying out the Indian energy resource development program.
Requires the Director of each Indian Energy Development Office to: (1) provide energy-related information and resources to Indian tribes and tribal members; (2) coordinate meetings and outreach among Indian tribes, tribal members, energy companies, and relevant federal, state, and tribal agencies; (3) oversee, and ensure the timely processing of, Indian energy applications, permits, licenses, and other documents by government agencies; and (4) consult with Indian tribes to determine what services, information, facilities, or programs would best expedite the responsible development of energy resources.
(Sec. 7) Prohibits the Secretary from collecting a fee for: (1) applying for a permit to drill on Indian land, (2) oil or gas inspection activities on such lands, or (3) any oil or gas lease for nonproducing acreage on Indian land.
(Sec. 8) Requires plaintiffs who obtain a preliminary injunction or administrative stay in Indian energy related actions to post bond. Subjects them to liability for a defendant's harm should they not ultimately prevail on the merits of the energy related action. Prohibits plaintiffs in Indian energy related actions against the federal government from receiving certain federal payments for their fees or expenses.
(Sec. 9) Amends the Tribal Forest Protection Act of 2004 to direct the Secretary to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands.
Requires the Secretary to initiate at least four new demonstration projects in each fiscal year from FY2013-FY2017.
Requires those agreements, to the extent practicable, to include management plans in effect on the Indian forest land or rangeland of the respective Indian tribe.
Limits the agreements to an initial term of no more than 20 years, but allows their renewal for up to 10 additional years.
(Sec. 10) Considers activities conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary to be a sustainable when sustainability is federally required.
(Sec. 11) Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into commercial or agricultural leases of up to 99 years on their restricted lands without the Secretary's approval, provided they are executed under tribal regulations approved by the Secretary. (Currently, those leases may not exceed 25 years, but may include an option to renew for up to 2 additional terms, neither of which may exceed 25 years.)
Allows the Navajo Nation to enter into mineral resource leases on their restricted lands without the Secretary's approval if they are executed under approved tribal regulations and do not exceed 25 years, though they may include a renewal option for one additional term not exceeding 25 years.
(Sec. 12) Prohibits any Department of the Interior rule regarding hydraulic fracturing, used in oil and gas development or production, from having any effect on land held in trust or restricted status for Indians, except with the express consent of its Indian beneficiaries.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3973 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 3973
To facilitate the development of energy on Indian lands by reducing
Federal regulations that impede tribal development of Indian lands, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2012
Mr. Young of Alaska introduced the following bill; which was referred
to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To facilitate the development of energy on Indian lands by reducing
Federal regulations that impede tribal development of Indian lands, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Energy Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of Contents.
Sec. 3. Appraisals.
Sec. 4. Standardization.
Sec. 5. Environmental reviews of major Federal actions on Indian lands.
Sec. 6. Indian Energy Development Offices.
Sec. 7. BLM Oil and Gas Fees.
Sec. 8. Bonding requirements and nonpayment of attorneys' fees to
promote indian energy projects.
Sec. 9. Tribal biomass demonstration project.
Sec. 10. Tribal Resource Management Plans.
Sec. 11. Leases of Restricted Lands for the Navajo Nation.
SEC. 3. APPRAISALS.
(a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25
U.S.C. 3501 et seq.) is amended by adding at the end the following:
``SEC. 2608. APPRAISAL REFORMS.
``(a) Options to Indian Tribes.--With respect to a transaction
involving Indian land or the trust assets of an Indian tribe that
requires the approval of the Secretary, any appraisal relating to fair
market value required to be conducted under applicable law, regulation,
or policy may be completed by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Time Limit on Secretarial Review and Action.--Not later than
30 days after the date on which the Secretary receives an appraisal
conducted by or for an Indian tribe pursuant to paragraphs (2) or (3)
of subsection (a), the Secretary shall--
``(1) review the appraisal; and
``(2) provide to the Indian tribe a written notice of
approval or disapproval of the appraisal.
``(c) Failure of Secretary To Approve or Disapprove.--If, after 60
days, the Secretary has failed to approve or disapprove any appraisal
received, the appraisal shall be deemed approved.
``(d) Option to Indian Tribes To Waive Appraisal.--
``(1) An Indian tribe wishing to waive the requirements of
subsection (a), may do so after it has satisfied the
requirements of subsections (2) and (3) below.
``(2) An Indian tribe wishing to forego the necessity of a
waiver pursuant to this section must provide to the Secretary a
written resolution, statement, or other unambiguous indication
of tribal intent, duly approved by the governing body of the
Indian tribe.
``(3) The unambiguous indication of intent provided by the
Indian tribe to the Secretary under paragraph (2) must include
an express waiver by the Indian tribe of any claims for damages
it might have against the United States as a result of the lack
of an appraisal undertaken.
``(e) Definition.--For purposes of this subsection, the term
`appraisal' includes appraisals and other estimates of value.
``(f) Regulations.--The Secretary shall develop regulations for
implementing this section, including standards the Secretary shall use
for approving or disapproving an appraisal.''.
(b) Conforming Amendment.--The table of contents of the Energy
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the
end of the items relating to title XXVI the following:
``Sec. 2608. Appraisal Reforms.''.
SEC. 4. STANDARDIZATION.
As soon as practicable after the date of the enactment of this Act,
the Secretary of the Interior shall implement procedures to ensure that
each agency within the Department of the Interior that is involved in
the review, approval, and oversight of oil and gas activities on Indian
lands shall use a uniform system of reference numbers and tracking
systems for oil and gas wells.
SEC. 5. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS.
Section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the
first sentence, and by adding at the end the following:
``(b) Review of Major Federal Actions on Indian Lands.--
``(1) In general.--For any major Federal action on Indian
lands of an Indian tribe requiring the preparation of a
statement under subsection (a)(2)(C), the statement shall only
be available for review and comment by the members of the
Indian tribe and by any other individual residing within the
affected area.
``(2) Regulations.--The Chairman of the Council on
Environmental Quality shall develop regulations to implement
this section, including descriptions of affected areas for
specific major Federal actions, in consultation with Indian
tribes.
``(3) Definitions.--In this subsection, each of the terms
`Indian land' and `Indian tribe' has the meaning given that
term in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501).
``(4) Clarification of authority.--Nothing in the Native
American Energy Act, except section 8 of that Act, shall give
the Secretary any additional authority over energy projects on
Alaska Native Claims Settlement Act lands.''.
SEC. 6. INDIAN ENERGY DEVELOPMENT OFFICES.
Section 2602(a) of the Energy Policy Act of 1992 (25 U.S.C.
3502(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by inserting after paragraph (2) the following:
``(3) Indian energy development offices.--
``(A) Establishment.--To assist the Secretary in
carrying out the Program, the Secretary shall establish
within the Department of the Interior not less than 5
offices.
``(B) Naming.--Each office established under
subparagraph (A) shall be known as an `Indian Energy
Development Office'.
``(C) Location.--The Secretary shall locate each
Indian Energy Development Office--
``(i) within a regional or agency office of
the Bureau of Indian Affairs; and
``(ii) to the maximum extent practicable,
in an area in which there exists a high
quantity of tribal energy development
opportunities, as determined by the Secretary
in consultation with Indian tribes.
``(D) Directors.--Each Indian Energy Development
Office established under this paragraph shall be headed
by a director.
``(E) Duties.--The director of each Indian Energy
Development Office shall--
``(i) provide energy-related information
and resources to Indian tribes and tribal
members;
``(ii) coordinate meetings and outreach
among Indian tribes, tribal members, energy
companies, and relevant Federal, State, and
tribal agencies;
``(iii) oversee, and ensure the timely
processing of, Indian energy applications,
permits, licenses, and other documents that are
subject to development, review, or processing
by--
``(I) the Bureau of Indian Affairs;
``(II) the Bureau of Land
Management;
``(III) the National Park Service;
``(IV) the United States Fish and
Wildlife Service;
``(V) the Bureau of Reclamation;
``(VI) the Minerals Management
Service; or
``(VII) the Office of Special
Trustee for American Indians of the
Department of the Interior; and
``(iv) consult with Indian tribes that will
be served by an Indian Energy Development
Office to determine what services, information,
facilities, or programs would best expedite the
responsible development of energy resources.
``(F) Staff.--Each Indian Energy Development Office
established under this paragraph shall be adequately
staffed to meet the demand for energy permitting in the
region or agency where the office is established.''.
SEC. 7. BLM OIL AND GAS FEES.
The Secretary of the Interior, acting through the Bureau of Land
Management, shall not collect any fee for any of the following:
(1) For an application for a permit to drill on Indian
land.
(2) To conduct any oil or gas inspection activity on Indian
land.
(3) On any oil or gas lease for nonproducing acreage on
Indian land.
SEC. 8. BONDING REQUIREMENTS AND NONPAYMENT OF ATTORNEYS' FEES TO
PROMOTE INDIAN ENERGY PROJECTS.
(a) In General.--A plaintiff who obtains a preliminary injunction
or administrative stay in an energy related action, but does not
ultimately prevail on the merits of the energy related action, shall be
liable for damages sustained by a defendant who--
(1) opposed the preliminary injunction or administrative
stay; and
(2) was harmed by the preliminary injunction or
administrative stay.
(b) Bond.--Unless otherwise specifically exempted by Federal law, a
court may not issue a preliminary injunction and an agency may not
grant an administrative stay in an energy related action until the
plaintiff posts with the court or the agency a surety bond or cash
equivalent--
(1) in an amount the court or agency decides is 30 percent
of that amount that the court or agency considers is sufficient
to compensate each defendant opposing the preliminary
injunction or administrative stay for damages, including but
not limited to preliminary development costs, additional
development costs, and reasonable attorney fees, that each
defendant may sustain as a result of the preliminary injunction
or administrative stay;
(2) written by a surety licensed to do business in the
state in which the Indian Land or other land where the
activities are undertaken is situated; and
(3) payable to each defendant opposing the preliminary
injunction or administrative stay, in the event that the
plaintiff does not prevail on the merits of the energy related
action, Provided, that, if there is more than one plaintiff,
the court or agency shall establish the amount of the bond
required by this Subsection for each plaintiff in a fair and
equitable manner.
(c) Limitation on Certain Payments.--Notwithstanding section 1304
of title 31, United States Code, no award may be made under section 504
of title 5, United States Code, or under section 2412 of title 28,
United States Code, and no amounts may be obligated or expended from
the Claims and Judgment Fund of the United States Treasury to pay any
fees or other expenses under such sections to any plaintiff related to
an energy related action.
(d) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Administrative stay.--The term ``Administrative Stay''
means a stay or other temporary remedy issued by a Federal
agency, including the Department of the Interior, the
Department of Agriculture, the Department of Energy, the
Department of Commerce, and the Environmental Protection
Agency.
(2) Indian land.--The term ``Indian Land'' has the same
meaning given such term in section 203(c)(3) of the Energy
Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501),
including lands owned by Native Corporations under the Alaska
Native Claims Settlement Act (Public Law 92-203; 43 U.S.C.
1601).
(3) Energy related action.--The term ``energy related
action'' means a cause of action that--
(A) is filed on or after the effective date of this
Act; and
(B) seeks judicial review of a final agency action
(as defined in section 702 of title 5, United States
Code), to issue a permit, license, or other form of
agency permission allowing:
(i) any person or entity to conduct
activities on Indian Land, which activities
involve the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity, or
(ii) any Indian Tribe, or any organization
of two or more entities, at least one of which
is an Indian tribe, to conduct activities
involving the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity, regardless of where such
activities are undertaken.
(C) Ultimately prevail on the merits.--The phrase
``Ultimately prevail on the merits'' means, in a final
enforceable judgment on the merits, the court rules in
the plaintiff's favor on at least one cause of action
which is an underlying rationale for the preliminary
injunction, and does not include circumstances where
the final agency action is modified or amended by the
issuing agency unless such modification or amendment is
required pursuant to a final enforceable judgment of
the court or a court-ordered consent decree.
SEC. 9. TRIBAL BIOMASS DEMONSTRATION PROJECT.
The Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is
amended by inserting after section 2 the following:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) In General.--For each of fiscal years 2013 through 2017, the
Secretary shall enter into stewardship contracts or other agreements,
other than agreements that are exclusively direct service contracts,
with Indian tribes to carry out demonstration projects to promote
biomass energy production (including biofuel, heat, and electricity
generation) on Indian forest land and in nearby communities by
providing reliable supplies of woody biomass from Federal land.
``(b) Definitions.--The definitions in section 2 shall apply to
this section.
``(c) Demonstration Projects.--In each fiscal year for which
projects are authorized, the Secretary shall enter into contracts or
other agreements described in subsection (a) to carry out at least 4
new demonstration projects that meet the eligibility criteria described
in subsection (d).
``(d) Eligibility Criteria.--To be eligible to enter into a
contract or other agreement under this subsection, an Indian tribe
shall submit to the Secretary an application--
``(1) containing such information as the Secretary may
require; and
``(2) that includes a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; and
``(B) the demonstration project proposed to be
carried out by the Indian tribe.
``(e) Selection.--In evaluating the applications submitted under
subsection (c), the Secretary--
``(1) shall take into consideration the factors set forth
in paragraphs (1) and (2) of section 2(e) of Public Law 108-
278; and whether a proposed demonstration project would--
``(A) increase the availability or reliability of
local or regional energy;
``(B) enhance the economic development of the
Indian tribe;
``(C) improve the connection of electric power
transmission facilities serving the Indian tribe with
other electric transmission facilities;
``(D) improve the forest health or watersheds of
Federal land or Indian forest land or rangeland; or
``(E) otherwise promote the use of woody biomass;
and
``(2) shall exclude from consideration any merchantable
logs that have been identified by the Secretary for commercial
sale.
``(f) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian tribes and appropriate intertribal organizations likely
to be affected in developing the application and otherwise
carrying out this section.
``(g) Report.--Not later than September 20, 2015, the Secretary
shall submit to Congress a report that describes, with respect to the
reporting period--
``(1) each individual tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(h) Incorporation of Management Plans.--In carrying out a
contract or agreement under this section, on receipt of a request from
an Indian tribe, the Secretary shall incorporate into the contract or
agreement, to the extent practicable, management plans (including
forest management and integrated resource management plans) in effect
on the Indian forest land or rangeland of the respective Indian tribe.
``(i) Term.--A stewardship contract or other agreement entered into
under this section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.''.
SEC. 10. TRIBAL RESOURCE MANAGEMENT PLANS.
Unless otherwise explicitly exempted by Federal law enacted after
the date of the enactment of this Act, any activity conducted or
resources harvested or produced pursuant to a tribal resource
management plan or an integrated resource management plan approved by
the Secretary of the Interior under the National Indian Forest
Resources Management Act (25 U.S.C. 3101 et seq.) or the American
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.),
shall be considered a sustainable management practice for purposes of
any Federal standard, benefit, or requirement that requires a
demonstration of such sustainability.
SEC. 11. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.
Subsection (e)(1) of the first section of the Act of August 9,
1955, (25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term
Leasing Act'') is amended--
(1) by striking ``, except a lease for'' and inserting ``,
including leases for'';
(2) in subparagraph (A), by striking ``25'' and all that
follows and inserting ``99 years;'';
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of mineral resources,
including geothermal resources, 25 years, except that
any such lease may include an option to renew for one
additional term not to exceed 25 years.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Energy and Mineral Resources.
Referred to the Subcommittee Indian and Alaska Native Affairs.
Subcommittee Hearings Held.
Subcommittee Indian and Alaska Native Affairs Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-692.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-692.
Placed on the Union Calendar, Calendar No. 506.
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