[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 245 Enrolled Bill (ENR)]
S.245
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
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,

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This Act may be cited as the ``Indian Tribal Energy Development and
Self-Determination Act Amendments of 2017''.

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The table of contents for this Act is as follows:

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71e47920f5bf739c494a2a065041a2b939e2ba9177694fa15027135b8d78d4c5

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TITLE II

-MISCELLANEOUS AMENDMENTS

(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:
``(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 Self-
Determination Act Amendments of 2017, the Secretary of Energy
shall''.

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TITLE I

-INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION ACT

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''.

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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.''.

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(a) Definition of Tribal Energy Development Organization.--Section
2601 of the 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--
``(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-of-way 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)--
(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)''.

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(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;
(2) monitors the timeliness of agency review for all energy-
related 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
(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.

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(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).

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(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.

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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''.

118a4fadac1473d5045902ea8fb13837078bac5e8f11c55e7c38a6815d11a961

(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).''.

51c59940cd808220c872ebb2282c3fb7d9e387d0980ce7f748e07d6874e0f121

(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).

65e8cb76b02cb9f08d8a2f97596097c7fba8f248b9510208dba29c1b0e2bf76d

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''.

6e3498d3fe2b98e6fdca009b8688e351aab1f2add49bc5ca8451782b98f9badb

(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Indian Tribal Energy Development and Self-Determination Act Amendments of 2017 — S. 245

Other Sections

TITLE II

TITLE I

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