[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1548 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1548
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
April 12, 2013
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. BLM oil and gas fees.
Sec. 7. Bonding requirements and nonpayment of attorneys' fees to
promote Indian energy projects.
Sec. 8. Tribal biomass demonstration project.
Sec. 9. Tribal resource management plans.
Sec. 10. Leases of restricted lands for the Navajo Nation.
Sec. 11. Nonapplicability of certain rules.
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. 2607. 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. 2607. 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 7 of that Act, shall give
the Secretary any additional authority over energy projects on
Alaska Native Claims Settlement Act lands.''.
SEC. 6. 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. 7. 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.
(4) 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. 8. 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 2014 through 2018, 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. 9. 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. 10. 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'' the first place
it appears 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.''.
SEC. 11. NONAPPLICABILITY OF CERTAIN RULES.
No rule promulgated by the Department of the Interior regarding
hydraulic fracturing used in the development or production of oil or
gas resources shall have any effect on any land held in trust or
restricted status for the benefit of Indians except with the express
consent of the beneficiary on whose behalf such land is held in trust
or restricted status.
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