Title II — Miscellaneous Amendments

115th Congress · Approved Dec 18, 2018 · 132 Stat. 4445

TITLE II Miscellaneous Amendments

SEC. 201. Issuance of Preliminary Permits or Licenses.

(a)

In General.— Section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) is amended by striking “ States and municipalities” and inserting “ States, Indian tribes, and municipalities”.

(b)

Applicability.— The amendment made by subsection (a) shall not affect—

(1)

any preliminary permit or original license issued before the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017; or

(2)

an application for an original license, if the Commission has issued a notice accepting that application for filing pursuant to section 4.32(d) of title 18, Code of Federal Regulations (or successor regulations), before the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017.

(c)

Definition of Indian Tribe.— For purposes of section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as amended by subsection (a)), the term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

SEC. 202. Tribal Biomass Demonstration Project.

(a)

Purpose.— The purpose of this section is to establish a biomass demonstration project for federally recognized Indian tribes and Alaska Native corporations to promote biomass energy production.

(b)

Tribal Biomass Demonstration Project.— The Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) is amended—

(1)

in section 2(a), by striking “ In this section” and inserting “ In this Act”; and

(2)

by adding at the end the following:

“SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

“(a) Stewardship Contracts or Similar Agreements.—For each of fiscal years 2017 through 2021, the Secretary shall enter into stewardship contracts or similar agreements (excluding direct service contracts) with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land.

“(b) Demonstration Projects.—In each fiscal year for which projects are authorized, at least 4 new demonstration projects that meet the eligibility criteria described in subsection (c) shall be carried out under contracts or agreements described in subsection (a).

“(c) Eligibility Criteria.—To be eligible to enter into a contract or agreement under this section, an Indian tribe shall submit to the Secretary an application—

“(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.

“(d) Selection.—In evaluating the applications submitted under subsection (c), the Secretary shall—

“(1) take into consideration—

“(A) the factors set forth in paragraphs (1) and (2) of section 2(e); and

“(B) whether a proposed project would—

“(i) increase the availability or reliability of local or regional energy;

“(ii) enhance the economic development of the Indian tribe;

“(iii) result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;

“(iv) improve the forest health or watersheds of Federal land or Indian forest land or rangeland;

“(v) demonstrate new investments in infrastructure; or

“(vi) otherwise promote the use of woody biomass; and

“(2) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.

“(e) 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.

“(f) Report.—Not later than September 20, 2019, 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.

“(g) Incorporation of Management Plans.—In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the maximum extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe.

“(h) Term.—A contract or 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.”

(c)

Alaska Native Biomass Demonstration Project.—

(1)

Definitions.— In this subsection:

(A)

Federal land.— The term “Federal land” means—

(i)

land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and

(ii)

public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

(B)

Indian tribe.— The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(C)

Secretary.— The term “Secretary” means—

(i)

the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and

(ii)

the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management.

(D)

Tribal organization.— The term “tribal organization” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(2)

Agreements.— For each of fiscal years 2017 through 2021, the Secretary shall enter into an agreement or contract with an Indian tribe or a tribal organization to carry out a demonstration project to promote biomass energy production (including biofuel, heat, and electricity generation) by providing reliable supplies of woody biomass from Federal land.

(3)

Demonstration projects.— In each fiscal year for which projects are authorized, at least 1 new demonstration project that meets the eligibility criteria described in paragraph (4) shall be carried out under contracts or agreements described in paragraph (2).

(4)

Eligibility criteria.— To be eligible to enter into a contract or agreement under this subsection, an Indian tribe or tribal organization shall submit to the Secretary an application—

(A)

containing such information as the Secretary may require; and

(B)

that includes a description of the demonstration project proposed to be carried out by the Indian tribe or tribal organization.

(5)

Selection.— In evaluating the applications submitted under paragraph (4), the Secretary shall—

(A)

take into consideration whether a proposed project would—

(i)

increase the availability or reliability of local or regional energy;

(ii)

enhance the economic development of the Indian tribe;

(iii)

result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;

(iv)

improve the forest health or watersheds of Federal land or non-Federal land;

(v)

demonstrate new investments in infrastructure; or

(vi)

otherwise promote the use of woody biomass; and

(B)

exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.

(6)

Implementation.— The Secretary shall—

(A)

ensure that the criteria described in paragraph (4) are publicly available by not later than 120 days after the date of enactment of this subsection; and

(B)

to the maximum extent practicable, consult with Indian tribes and appropriate tribal organizations likely to be affected in developing the application and otherwise carrying out this subsection.

(7)

Report.— Not later than September 20, 2019, the Secretary shall submit to Congress a report that describes, with respect to the reporting period—

(A)

each individual application received under this subsection; and

(B)

each contract and agreement entered into pursuant to this subsection.

(8)

Term.— A contract or agreement entered into under this subsection—

(A)

shall be for a term of not more than 20 years; and

(B)

may be renewed in accordance with this subsection for not more than an additional 10 years.

SEC. 203. Weatherization Program.

Section 413(d) of the Energy Conservation and Production Act (42 U.S.C. 6863(d)) is amended—

(1)

by striking paragraph (1) and inserting the following:

“(1) Reservation of amounts.—

“(A) In general.—Subject to subparagraph (B) and notwithstanding any other provision of this part, the Secretary shall reserve from amounts that would otherwise be allocated to a State under this part not less than 100 percent, but not more than 150 percent, of an amount which bears the same proportion to the allocation of that State for the applicable fiscal year as the population of all low-income members of an Indian tribe in that State bears to the population of all low-income individuals in that State.

“(B) Restrictions.—Subparagraph (A) shall apply only if—

“(i) the tribal organization serving the low-income members of the applicable Indian tribe requests that the Secretary make a grant directly; and

“(ii) the Secretary determines that the low-income members of the applicable Indian tribe would be equally or better served by making a grant directly than a grant made to the State in which the low-income members reside.

“(C) Presumption.—If the tribal organization requesting the grant is a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) that has operated without material audit exceptions (or without any material audit exceptions that were not corrected within a 3-year period), the Secretary shall presume that the low-income members of the applicable Indian tribe would be equally or better served by making a grant directly to the tribal organization than by a grant made to the State in which the low-income members reside.”

(2)

in paragraph (2)—

(A)

by striking “ The sums” and inserting “ Administration.—The amounts”;

(B)

by striking “ on the basis of his determination”;

(C)

by striking “ individuals for whom such a determination has been made” and inserting “ low-income members of the Indian tribe”; and

(D)

by striking “ he” and inserting “ the Secretary”; and

(3)

in paragraph (3), by striking “ In order” and inserting “ Application.—In order”.

SEC. 204. Appraisals.

(a)

In General.— Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end the following:

“SEC. 2607. APPRAISALS.

“(a) In General.—For any transaction that requires approval of the Secretary and involves mineral or energy resources held in trust by the United States for the benefit of an Indian tribe or by an Indian tribe subject to Federal restrictions against alienation, any appraisal relating to fair market value of those resources required to be prepared under applicable law may be prepared by—

“(1) the Secretary;

“(2) the affected Indian tribe; or

“(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe.

“(b) Secretarial Review and Approval.—Not later than 45 days after the date on which the Secretary receives an appraisal prepared by or for an Indian tribe under paragraph (2) or (3) of subsection (a), the Secretary shall—

“(1) review the appraisal; and

“(2) approve the appraisal unless the Secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection (d).

“(c) Notice of Disapproval.—If the Secretary determines that an appraisal submitted for approval under subsection (b) should be disapproved, the Secretary shall give written notice of the disapproval to the Indian tribe and a description of—

“(1) each reason for the disapproval; and

“(2) how the appraisal should be corrected or otherwise cured to meet the applicable standards set forth in the regulations promulgated under subsection (d).

“(d) Regulations.—The Secretary shall promulgate regulations to carry out this section, including standards the Secretary shall use for approving or disapproving the appraisal described in subsection (a).”

SEC. 205. Leases of Restricted Lands for Navajo Nation.

(a)

In General.— Subsection (e)(1) of the first section of the Act of August 9, 1955 (commonly known as the “Long-Term Leasing Act”) (25 U.S.C. 415(e)(1)), is amended—

(1)

by striking “ , except a lease for” and inserting “ , including a lease for”;

(2)

by striking subparagraph (A) and inserting the following:

“(A) in the case of a business or agricultural lease, 99 years;”

(3)

in subparagraph (B), by striking the period at the end 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 any mineral resource (including geothermal resources), 25 years, except that—

“(i) any such lease may include an option to renew for 1 additional term of not to exceed 25 years; and

“(ii) any such lease for the exploration, development, or extraction of an oil or gas resource shall be for a term of not to exceed 10 years, plus such additional period as the Navajo Nation determines to be appropriate in any case in which an oil or gas resource is produced in a paying quantity.”

(b)

GAO Report.— Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report describing the progress made in carrying out the amendment made by subsection (a).

SEC. 206. Extension of Tribal Lease Period for the Crow Tribe of Montana.

Subsection (a) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in the second sentence by inserting “ , land held in trust for the Crow Tribe of Montana” after “ Devils Lake Sioux Reservation”.

SEC. 207. Trust Status of Lease Payments.

(a)

Definition of Secretary.— In this section, the term “Secretary” means the Secretary of the Interior.

(b)

Treatment of Lease Payments.—

(1)

In general.— Except as provided in paragraph (2) and at the request of the Indian tribe or individual Indian, any advance payments, bid deposits, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be held in the trust fund system for the benefit of the Indian tribe and individual Indian from whose land the funds were generated.

(2)

Restriction.— If the advance payment, bid deposit, or other earnest money received by the Secretary results from competitive bidding, upon selection of the successful bidder, only the funds paid by the successful bidder shall be held in the trust fund system.

(c)

Use of Funds.—

(1)

In general.— On the approval of the Secretary of a contract or other instrument for a sale, lease, permit, or any other conveyance described in subsection (b)(1), the funds held in the trust fund system and described in subsection (b), along with all income generated from the investment of those funds, shall be disbursed to the Indian tribe or individual Indian landowners.

(2)

Administration.— If a contract or other instrument for a sale, lease, permit, or any other conveyance described in subsection (b)(1) is not approved by the Secretary, the funds held in the trust fund system and described in subsection (b), along with all income generated from the investment of those funds, shall be paid to the party identified in, and in such amount and on such terms as set out in, the applicable regulations, advertisement, or other notice governing the proposed conveyance of the interest in the land at issue.

(d)

Applicability.— This section shall apply to any advance payment, bid deposit, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian on or after the date of enactment of this Act.

Title II — Miscellaneous Amendments