PL 115-325, Indian Tribal Energy Development and Self-Determination Act Amendments of 2017

S. 245

One Hundred Fifteenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen

An Act
To amend the Indian Tribal Energy Development and Self Determination Act of
2005, 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 ‘‘Indian Tribal Energy Development and Self-Determination Act Amendments of 2017’’.
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.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE I—INDIAN TRIBAL ENERGY DEVELOPMENT AND SELFDETERMINATION ACT AMENDMENTS
101. Indian tribal energy resource development.
102. Indian tribal energy resource regulation.
103. Tribal energy resource agreements.
104. Technical assistance for Indian tribal governments.
105. Conforming amendments.
106. Report.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.
207.

TITLE II—MISCELLANEOUS AMENDMENTS
Issuance of preliminary permits or licenses.
Tribal biomass demonstration project.
Weatherization program.
Appraisals.
Leases of restricted lands for Navajo Nation.
Extension of tribal lease period for the Crow Tribe of Montana.
Trust status of lease payments.

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:

S. 245—2
‘‘(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 SelfDetermination Act Amendments of 2017, the Secretary of
Energy shall’’.

S. 245—3
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

S. 245—4
‘‘(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-ofway 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 SelfDetermination 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;

S. 245—5
‘‘(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

S. 245—6
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

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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

S. 245—8
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.

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‘‘(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

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‘‘(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

S. 245—11
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
TION.—Section 2601 of

TRIBAL ENERGY DEVELOPMENT ORGANIZAthe 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—

S. 245—12
‘‘(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-ofway 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)—

S. 245—13
(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;

S. 245—14
(2) monitors the timeliness of agency review for all energyrelated 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

S. 245—15
(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.

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

S. 245—16
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.

S. 245—17
‘‘(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 SelfDetermination 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—

S. 245—18
(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—

S. 245—19
‘‘(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 lowincome 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

S. 245—20
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

S. 245—21
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.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.