The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (e)(2)(B)(iii)(XII)(aa) and (h)(2)(A)(i), is Pub. L. 93–638,
The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (f)(2), is Pub. L. 95–87,
The Indian Mineral Development Act of 1982, referred to in subsec. (f)(3), is Pub. L. 97–382,
Section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017, referred to in subsecs. (g)(4) and (h)(1), is section 103(b) of Pub. L. 115–325, which is set out as a note under this section.
A prior section 3504, Pub. L. 102–486, title XXVI, § 2604,
2018—Subsec. (a)(1)(A). Pub. L. 115–325, § 103(a)(1)(A)(i), struck out “or” at end.
Subsec. (a)(1)(B)(i). Pub. L. 115–325, § 103(a)(1)(A)(ii)(I), added cl. (i) and struck out former cl. (i) which read as follows: “an electric generation, transmission, or distribution facility located on tribal land; or”.
Subsec. (a)(1)(B)(ii). Pub. L. 115–325, § 103(a)(1)(A)(ii)(II), substituted “energy resources, at least a portion of which have been developed on or produced from tribal land; or” for “energy resources developed on tribal land; and”.
Subsec. (a)(1)(C). Pub. L. 115–325, § 103(a)(1)(A)(iii), added subpar. (C).
Subsec. (a)(2). Pub. L. 115–325, § 103(a)(1)(B), added par. (2) and struck out former par. (2) which set out conditions under which a lease or business agreement described in par. (1) would not require review or approval.
Subsec. (b). Pub. L. 115–325, § 103(a)(2), added subsec. (b) and struck out former subsec. (b) which related to rights-of-way for pipelines or electric transmission or distribution lines.
Subsec. (d). Pub. L. 115–325, § 103(a)(3), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “No lease, business agreement, or right-of-way relating to the development of tribal energy resources under this section shall be valid unless the lease, business agreement, or right-of-way is authorized by a tribal energy resource agreement approved by the Secretary under subsection (e)(2).”
Subsec. (e)(1). Pub. L. 115–325, § 103(a)(4)(A), added par. (1) and struck out former par. (1) which read as follows: “On the date on which regulations are promulgated under paragraph (8), an Indian tribe may submit to the Secretary for approval a tribal energy resource agreement governing leases, business agreements, and rights-of-way under this section.”
Subsec. (e)(2). Pub. L. 115–325, § 103(a)(4)(B)(i), inserted heading.
Subsec. (e)(2)(A). Pub. L. 115–325, § 103(a)(4)(B)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: “Not later than 270 days after the date on which the Secretary receives a tribal energy resource agreement from an Indian tribe under paragraph (1), or not later than 60 days after the Secretary receives a revised tribal energy resource agreement from an Indian tribe under paragraph (4)(C) (or a later date, as agreed to by the Secretary and the Indian tribe), the Secretary shall approve or disapprove the tribal energy resource agreement.”
Subsec. (e)(2)(B). Pub. L. 115–325, § 103(a)(4)(B)(ii)(I), inserted heading and substituted “The Secretary shall disapprove a tribal energy resource agreement submitted pursuant to paragraph (1) or (4)(B) only if” for “The Secretary shall approve a tribal energy resource agreement submitted under paragraph (1) if” in introductory provisions.
Subsec. (e)(2)(B)(i), (ii). Pub. L. 115–325, § 103(a)(4)(B)(ii)(I), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:
“(i) the Secretary determines that the Indian tribe has demonstrated that the Indian tribe has sufficient capacity to regulate the development of energy resources of the Indian tribe;
“(ii) the tribal energy resource agreement includes provisions required under subparagraph (D); and”.
Subsec. (e)(2)(B)(iii). Pub. L. 115–325, § 103(a)(4)(B)(ii)(II)(bb), (cc), redesignated subcls. (III), (IV), (VI), (VII), (IX) to (XIV), and (XVI) as (I), (II), (III), (IV), (V) to (X), and (XI), respectively, and struck out former subcls. (I), (II), (V), (VIII), and (XV) which read as follows:
“(I) ensure the acquisition of necessary information from the applicant for the lease, business agreement, or right-of-way;
“(II) address the term of the lease or business agreement or the term of conveyance of the right-of-way;
“(V) address technical or other relevant requirements;
“(VIII) identify final approval authority;
“(XV) specify the financial assistance, if any, to be provided by the Secretary to the Indian tribe to assist in implementation of the tribal energy resource agreement, including environmental review of individual projects; and”.
Pub. L. 115–325, § 103(a)(4)(B)(ii)(II)(aa), substituted “does not include provisions that, with respect to any lease, business agreement, or right-of-way to which the tribal energy resource agreement applies” for “includes provisions that, with respect to a lease, business agreement, or right-of-way under this section” in introductory provisions.
Subsec. (e)(2)(B)(iii)(XI)(bb). Pub. L. 115–325, § 103(a)(4)(B)(ii)(II)(dd), substituted “Federal environmental laws;” for “Federal or tribal environmental laws.”
Subsec. (e)(2)(B)(iii)(XII), (XIII). Pub. L. 115–325, § 103(a)(4)(B)(ii)(II)(ee), added subcls. (XII) and (XIII). Former subcls. (XII) and (XIII) redesignated (VIII) and (IX), respectively.
Subsec. (e)(2)(C). Pub. L. 115–325, § 103(a)(4)(B)(iii), added cl. (i), redesignated cls. (iii) to (v) as (ii) to (iv), respectively, and struck out former cls. (i) and (ii) which read as follows:
“(i) the identification and evaluation of all significant environmental effects (as compared to a no-action alternative), including effects on cultural resources;
“(ii) the identification of proposed mitigation measures, if any, and incorporation of appropriate mitigation measures into the lease, business agreement, or right-of-way;”.
Subsec. (e)(2)(D)(ii). Pub. L. 115–325, § 103(a)(4)(B)(iv), substituted “subparagraph (B)(iv)(XI)” for “subparagraph (B)(iii)(XVI)”.
Subsec. (e)(2)(F). Pub. L. 115–325, § 103(a)(4)(B)(v), added subpar. (F).
Subsec. (e)(3). Pub. L. 115–325, § 105(d)(1), inserted heading and struck out “for approval” after “submitted”.
Subsec. (e)(4). Pub. L. 115–325, § 105(d)(2), inserted heading.
Pub. L. 115–325, § 103(a)(4)(C), substituted “date of disapproval, provide the Indian tribe with” for “date of disapproval” in introductory provisions, added subpars. (A) and (B), and struck out former subpars. (A) to (C) which read as follows:
“(A) notify the Indian tribe in writing of the basis for the disapproval;
“(B) identify what changes or other actions are required to address the concerns of the Secretary; and
“(C) provide the Indian tribe with an opportunity to revise and resubmit the tribal energy resource agreement.”
Subsec. (e)(5). Pub. L. 115–325, § 105(d)(3), inserted heading and substituted “in effect” for “approved” in introductory provisions.
Subsec. (e)(6). Pub. L. 115–325, § 105(d)(4)(A), inserted heading.
Subsec. (e)(6)(A)(i), (ii). Pub. L. 115–325, § 105(d)(4)(B), realigned margins.
Subsec. (e)(6)(B). Pub. L. 115–325, §§ 103(a)(4)(D)(i), 105(d)(4)(C), substituted “Subject only to” for “Subject to”, “in effect” for “approved”, and “subparagraphs (C) and (D)” for “subparagraph (D)”.
Subsec. (e)(6)(C). Pub. L. 115–325, § 103(a)(4)(D)(ii), inserted “to perform the obligations of the Secretary under this section and” before “to ensure” in introductory provisions.
Subsec. (e)(6)(D)(i). Pub. L. 115–325, § 105(d)(4)(D)(i), substituted “a tribal energy resource agreement in effect under this section” for “an approved tribal energy resource agreement”.
Subsec. (e)(6)(D)(ii). Pub. L. 115–325, § 105(d)(4)(D)(ii), substituted “in effect” for “approved by the Secretary”.
Subsec. (e)(6)(D)(iii). Pub. L. 115–325, § 103(a)(4)(D)(iii), added cl. (iii).
Subsec. (e)(7). Pub. L. 115–325, § 105(d)(5)(A), inserted heading.
Subsec. (e)(7)(A). Pub. L. 115–325, §§ 103(a)(4)(E)(i), 105(d)(5)(B), substituted “the Secretary determines has demonstrated with substantial evidence” for “has demonstrated” and “in effect” for “approved by the Secretary”.
Subsec. (e)(7)(B). Pub. L. 115–325, §§ 103(a)(4)(E)(ii), 105(d)(5)(C), substituted “all remedies (if any) provided under the laws of the Indian tribe” for “any tribal remedy” and “in effect” for “approved by the Secretary”.
Subsec. (e)(7)(D)(i). Pub. L. 115–325, § 103(a)(4)(E)(iii)(I), substituted “determine—” for “determine whether the Indian tribe is not in compliance with the tribal energy resource agreement.” and added subcls. (I) and (II).
Subsec. (e)(7)(D)(ii). Pub. L. 115–325, § 103(a)(4)(E)(iii)(II), substituted “determinations” for “determination”.
Subsec. (e)(7)(D)(iii). Pub. L. 115–325, § 103(a)(4)(E)(iii)(III), in introductory provisions, substituted “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” for “agreement, the Secretary shall take such action as the Secretary determines to be necessary to ensure compliance with the tribal energy resource agreement, including”.
Subsec. (e)(7)(D)(iii)(I). Pub. L. 115–325, § 105(d)(5)(D)(i), struck out “approved” before “tribal energy resource agreement”.
Subsec. (e)(7)(D)(iii)(II). Pub. L. 115–325, § 105(d)(5)(D)(ii), struck out “approval of” before “all or part of” and substituted “subsection (a)(2)(A)(i) or (b)(2)(A)” for “subsection (a) or (b)”.
Subsec. (e)(7)(E)(i). Pub. L. 115–325, § 103(a)(4)(E)(iv), substituted “, with respect to each claim made in the petition, how” for “the manner in which”.
Subsec. (e)(7)(G). Pub. L. 115–325, § 103(a)(4)(E)(v), added subpar. (G).
Subsec. (e)(8). Pub. L. 115–325, § 103(a)(4)(F)(i), (ii), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: “criteria to be used in determining the capacity of an Indian tribe under paragraph (2)(B)(i), including the experience of the Indian tribe in managing natural resources and financial and administrative resources available for use by the Indian tribe in implementing the approved tribal energy resource agreement of the Indian tribe;”.
Subsec. (e)(8)(A)(iii). Pub. L. 115–325, § 103(a)(4)(F)(iii), added cl. (iii).
Subsec. (e)(9). Pub. L. 115–325, § 103(a)(4)(G), added par. (9).
Subsecs. (g) to (j). Pub. L. 115–325, § 103(a)(5), (6), added subsecs. (g) to (i) and redesignated former subsec. (g) as (j).
Pub. L. 115–325, title I, § 103(b), “(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 [to] 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.”