Tribal Energy Resource Act

119 STAT. 764

PUBLIC LAW 109–58—AUG. 8, 2005
(A) in the item relating to section 209, by striking
‘‘Section’’ and inserting ‘‘Sec.’’; and
(B) by striking the items relating to sections 213
through 216 and inserting the following:

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

213.
214.
215.
216.
217.

Establishment of policy for National Nuclear Security Administration.
Establishment of security, counterintelligence, and intelligence policies.
Office of Counterintelligence.
Office of Intelligence.
Office of Indian Energy Policy and Programs.’’.

(2) Section 5315 of title 5, United States Code, is amended
by inserting after the item related to the Inspector General,
Department of Energy the following new item:
‘‘Director, Office of Indian Energy Policy and Programs,
Department of Energy.’’.
SEC. 503. INDIAN ENERGY.

(a) IN GENERAL.—Title XXVI of the Energy Policy Act of 1992
(25 U.S.C. 3501 et seq.) is amended to read as follows:

‘‘TITLE XXVI—INDIAN ENERGY
25 USC 3501.

‘‘SEC. 2601. DEFINITIONS.

‘‘In this title:
‘‘(1) The term ‘Director’ means the Director of the Office
of Indian Energy Policy and Programs, Department of Energy.
‘‘(2) The term ‘Indian land’ means—
‘‘(A) any land located within the boundaries of an
Indian reservation, pueblo, or rancheria;
‘‘(B) any land not located within the boundaries of
an Indian reservation, pueblo, or rancheria, the title to
which is held—
‘‘(i) in trust by the United States for the benefit
of an Indian tribe or an individual Indian;
‘‘(ii) by an Indian tribe or an individual Indian,
subject to restriction against alienation under laws
of the United States; or
‘‘(iii) by a dependent Indian community; and
‘‘(C) land that is owned by an Indian tribe and was
conveyed by the United States to a Native Corporation
pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), or that was conveyed by the United
States to a Native Corporation in exchange for such land.
‘‘(3) The term ‘Indian reservation’ includes—
‘‘(A) an Indian reservation in existence in any State
or States as of the date of enactment of this paragraph;
‘‘(B) a public domain Indian allotment; and
‘‘(C) a dependent Indian community located within the
borders of the United States, regardless of whether the
community is located—
‘‘(i) on original or acquired territory of the community; or
‘‘(ii) within or outside the boundaries of any State
or States.
‘‘(4)(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. 450b).

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 765

‘‘(B) For the purpose of paragraph (12) and sections
2603(b)(1)(C) and 2604, the term ‘Indian tribe’ does not include
any Native Corporation.
‘‘(5) The term ‘integration of energy resources’ means any
project or activity that promotes the location and operation
of a facility (including any pipeline, gathering system, transportation system or facility, or electric transmission or distribution
facility) on or near Indian land to process, refine, generate
electricity from, or otherwise develop energy resources on,
Indian land.
‘‘(6) The term ‘Native Corporation’ has the meaning given
the term in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602).
‘‘(7) The term ‘organization’ means a partnership, joint
venture, limited liability company, or other unincorporated
association or entity that is established to develop Indian
energy resources.
‘‘(8) The term ‘Program’ means the Indian energy resource
development program established under section 2602(a).
‘‘(9) The term ‘Secretary’ means the Secretary of the
Interior.
‘‘(10) The term ‘sequestration’ means the long-term separation, isolation, or removal of greenhouse gases from the
atmosphere, including through a biological or geologic method
such as reforestation or an underground reservoir.
‘‘(11) The term ‘tribal energy resource development
organization’ means an 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.
‘‘(12) The term ‘tribal land’ means any land or interests
in land owned by any Indian tribe, title to which is held
in trust by the United States, or is subject to a restriction
against alienation under laws of the United States.
‘‘SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

‘‘(a) DEPARTMENT OF THE INTERIOR PROGRAM.—
‘‘(1) To assist Indian tribes in the development of energy
resources and further the goal of Indian self-determination,
the Secretary shall establish and implement an Indian energy
resource development program to assist consenting Indian
tribes and tribal energy resource development organizations
in achieving the purposes of this title.
‘‘(2) In carrying out the Program, the Secretary shall—
‘‘(A) provide development grants to Indian tribes and
tribal energy resource development organizations for use
in developing or obtaining the managerial and technical
capacity needed to develop energy resources on Indian land,
and to properly account for resulting energy production
and revenues;
‘‘(B) provide grants to Indian tribes and tribal energy
resource development organizations for use in carrying out
projects to promote the integration of energy resources,
and to process, use, or develop those energy resources,
on Indian land;

25 USC 3502.

Grants.

119 STAT. 766
Loans.

Appropriation
authorization.

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(C) provide low-interest loans to Indian tribes and
tribal energy resource development organizations for use
in the promotion of energy resource development on Indian
land and integration of energy resources; and
‘‘(D) provide grants and technical assistance to an
appropriate tribal environmental organization, as determined by the Secretary, that represents multiple Indian
tribes to establish a national resource center to develop
tribal capacity to establish and carry out tribal environmental programs in support of energy-related programs
and activities under this title, including—
‘‘(i) training programs for tribal environmental officials, program managers, and other governmental representatives;
‘‘(ii) the development of model environmental policies and tribal laws, including tribal environmental
review codes, and the creation and maintenance of
a clearinghouse of best environmental management
practices; and
‘‘(iii) recommended standards for reviewing the
implementation of tribal environmental laws and policies within tribal judicial or other tribal appeals systems.
‘‘(3) There are authorized to be appropriated to carry out
this subsection such sums as are necessary for each of fiscal
years 2006 through 2016.
‘‘(b) DEPARTMENT OF ENERGY INDIAN ENERGY EDUCATION PLANNING AND MANAGEMENT ASSISTANCE PROGRAM.—
‘‘(1) The Director shall establish programs to assist consenting Indian tribes in meeting energy education, research
and development, planning, and management needs.
‘‘(2) In carrying out this subsection, the Director may provide grants, on a competitive basis, to an Indian tribe or tribal
energy resource development organization for use in carrying
out—
‘‘(A) energy, energy efficiency, and energy conservation
programs;
‘‘(B) studies and other activities supporting tribal
acquisitions of energy supplies, services, and facilities,
including the creation of tribal utilities to assist in securing
electricity to promote electrification of homes and
businesses on Indian land;
‘‘(C) planning, construction, development, operation,
maintenance, and improvement of tribal electrical generation, transmission, and distribution facilities located on
Indian land; and
‘‘(D) development, construction, and interconnection of
electric power transmission facilities located on Indian land
with other electric transmission facilities.
‘‘(3)(A) The Director shall develop a program to support
and implement research projects that provide Indian tribes
with opportunities to participate in carbon sequestration practices on Indian land, including—
‘‘(i) geologic sequestration;
‘‘(ii) forest sequestration;
‘‘(iii) agricultural sequestration; and

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 767

‘‘(iv) any other sequestration opportunities the Director
considers to be appropriate.
‘‘(B) The activities carried out under subparagraph (A)
shall be—
‘‘(i) coordinated with other carbon sequestration
research and development programs conducted by the Secretary of Energy;
‘‘(ii) conducted to determine methods consistent with
existing standardized measurement protocols to account
and report the quantity of carbon dioxide or other greenhouse gases sequestered in projects that may be implemented on Indian land; and
‘‘(iii) reviewed periodically to collect and distribute to
Indian tribes information on carbon sequestration practices
that will increase the sequestration of carbon without
threatening the social and economic well-being of Indian
tribes.
‘‘(4)(A) The Director, in consultation with Indian tribes,
may develop a formula for providing grants under this subsection.
‘‘(B) In providing a grant under this subsection, the Director
shall give priority to any application received from an Indian
tribe with inadequate electric service (as determined by the
Director).
‘‘(C) In providing a grant under this subsection for an
activity to provide, or expand the provision of, electricity on
Indian land, the Director shall encourage cooperative arrangements between Indian tribes and utilities that provide service
to Indian tribes, as the Director determines to be appropriate.
‘‘(5) The Secretary of Energy may issue such regulations
as the Secretary determines to be necessary to carry out this
subsection.
‘‘(6) There is authorized to be appropriated to carry out
this subsection $20,000,000 for each of fiscal years 2006 through
2016.
‘‘(c) DEPARTMENT OF ENERGY LOAN GUARANTEE PROGRAM.—
‘‘(1) Subject to paragraphs (2) and (4), the Secretary of
Energy may provide loan guarantees (as defined in section
502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a))
for an amount equal to not more than 90 percent of the unpaid
principal and interest due on any loan made to an Indian
tribe for energy development.
‘‘(2) In providing a loan guarantee under this subsection
for an activity to provide, or expand the provision of, electricity
on Indian land, the Secretary of Energy shall encourage
cooperative arrangements between Indian tribes and utilities
that provide service to Indian tribes, as the Secretary determines to be appropriate.
‘‘(3) A loan guarantee under this subsection shall be made
by—
‘‘(A) a financial institution subject to examination by
the Secretary of Energy; or
‘‘(B) an Indian tribe, from funds of the Indian tribe.
‘‘(4) The aggregate outstanding amount guaranteed by the
Secretary of Energy at any time under this subsection shall
not exceed $2,000,000,000.

Appropriation
authorization.

119 STAT. 768
Appropriation
authorization.

Deadline.
Reports.

25 USC 3503.

PUBLIC LAW 109–58—AUG. 8, 2005
‘‘(5) The Secretary of Energy may issue such regulations
as the Secretary of Energy determines are necessary to carry
out this subsection.
‘‘(6) There are authorized to be appropriated such sums
as are necessary to carry out this subsection, to remain available until expended.
‘‘(7) Not later than 1 year after the date of enactment
of this section, the Secretary of Energy shall submit to Congress
a report on the financing requirements of Indian tribes for
energy development on Indian land.
‘‘(d) PREFERENCE.—
‘‘(1) In purchasing electricity or any other energy product
or byproduct, a Federal agency or department may give preference to an energy and resource production enterprise, partnership, consortium, corporation, or other type of business
organization the majority of the interest in which is owned
and controlled by 1 or more Indian tribes.
‘‘(2) In carrying out this subsection, a Federal agency or
department shall not—
‘‘(A) pay more than the prevailing market price for
an energy product or byproduct; or
‘‘(B) obtain less than prevailing market terms and
conditions.

‘‘SEC. 2603. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

‘‘(a) GRANTS.—The Secretary may provide to Indian tribes, on
an annual basis, grants for use in accordance with subsection (b).
‘‘(b) USE OF FUNDS.—Funds from a grant provided under this
section may be used—
‘‘(1)(A) by an Indian tribe for the development of a tribal
energy resource inventory or tribal energy resource on Indian
land;
‘‘(B) by an Indian tribe for the development of a feasibility
study or other report necessary to the development of energy
resources on Indian land;
‘‘(C) by an Indian tribe (other than an Indian Tribe in
the State of Alaska, except the Metlakatla Indian Community)
for—
‘‘(i) the development and enforcement of tribal laws
(including regulations) relating to tribal energy resource
development; and
‘‘(ii) the development of technical infrastructure to protect the environment under applicable law; or
‘‘(D) by a Native Corporation for the development and
implementation of corporate policies and the development of
technical infrastructure to protect the environment under
applicable law; and
‘‘(2) by an Indian tribe for the training of employees that—
‘‘(A) are engaged in the development of energy
resources on Indian land; or
‘‘(B) are responsible for protecting the environment.
‘‘(c) OTHER ASSISTANCE.—
‘‘(1) In carrying out the obligations of the United States
under this title, the Secretary shall ensure, to the maximum
extent practicable and to the extent of available resources,
that on the request of an Indian tribe, the Indian tribe shall

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 769

have available scientific and technical information and expertise, for use in the regulation, development, and management
of energy resources of the Indian tribe on Indian land.
‘‘(2) The Secretary may carry out paragraph (1)—
‘‘(A) directly, through the use of Federal officials; or
‘‘(B) indirectly, by providing financial assistance to an
Indian tribe to secure independent assistance.
‘‘SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY
INVOLVING ENERGY DEVELOPMENT OR TRANSMISSION.

‘‘(a) LEASES AND BUSINESS AGREEMENTS.—In accordance with
this section—
‘‘(1) an Indian tribe may, at the discretion of the Indian
tribe, enter into a lease or business agreement for the purpose
of energy resource development on tribal land, including a
lease or business agreement for—
‘‘(A) exploration for, extraction of, processing of, or
other development of the energy mineral resources of the
Indian tribe located on tribal land; or
‘‘(B) construction or operation of—
‘‘(i) an electric generation, transmission, or distribution facility located on tribal land; or
‘‘(ii) a facility to process or refine energy resources
developed on tribal land; and
‘‘(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, if—
‘‘(A) the lease or business agreement is executed pursuant to a tribal energy resource agreement approved by
the Secretary under subsection (e);
‘‘(B) the term of the lease or business agreement 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; and
‘‘(C) the Indian tribe has entered into a tribal energy
resource agreement with the Secretary, as described in
subsection (e), relating to the development of energy
resources on tribal land (including the periodic review and
evaluation of the activities of the Indian tribe under the
agreement, to be conducted pursuant to subsection
(e)(2)(D)(i)).
‘‘(b) RIGHTS-OF-WAY FOR PIPELINES OR ELECTRIC TRANSMISSION
OR DISTRIBUTION LINES.—An Indian tribe may grant a right-ofway over tribal land for a pipeline or an electric transmission
or distribution line without review or approval by the Secretary
if—
‘‘(1) the right-of-way is executed in accordance with a tribal
energy resource agreement approved by the Secretary under
subsection (e);
‘‘(2) the term of the right-of-way does not exceed 30 years;
‘‘(3) the pipeline or electric transmission or distribution
line serves—

25 USC 3504.

119 STAT. 770

Deadlines.

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(A) an electric generation, transmission, or distribution facility located on tribal land; or
‘‘(B) a facility located on tribal land that processes
or refines energy resources developed on tribal land; and
‘‘(4) the Indian tribe has entered into a tribal energy
resource agreement with the Secretary, as described in subsection (e), relating to the development of energy resources
on tribal land (including the periodic review and evaluation
of the activities of the Indian tribe under an agreement
described in subparagraphs (D) and (E) of subsection (e)(2)).
‘‘(c) RENEWALS.—A lease or business agreement entered into,
or a right-of-way granted, by an Indian tribe under this section
may be renewed at the discretion of the Indian tribe in accordance
with this section.
‘‘(d) VALIDITY.—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).
‘‘(e) TRIBAL ENERGY RESOURCE AGREEMENTS.—
‘‘(1) 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.
‘‘(2)(A) 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.
‘‘(B) The Secretary shall approve a tribal energy resource
agreement submitted under paragraph (1) if—
‘‘(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
‘‘(iii) the tribal energy resource agreement includes
provisions that, with respect to a lease, business agreement,
or right-of-way under this section—
‘‘(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 rightof-way;
‘‘(III) address amendments and renewals;
‘‘(IV) address the economic return to the Indian
tribe under leases, business agreements, and rightsof-way;
‘‘(V) address technical or other relevant requirements;

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 771

‘‘(VI) establish requirements for environmental
review in accordance with subparagraph (C);
‘‘(VII) ensure compliance with all applicable
environmental laws, including a requirement that each
lease, business agreement, and right-of-way state that
the lessee, operator, or right-of-way grantee shall
comply with all such laws;
‘‘(VIII) identify final approval authority;
‘‘(IX) provide for public notification of final
approvals;
‘‘(X) establish a process for consultation with any
affected States regarding off-reservation impacts, if
any, identified under subparagraph (C)(i);
‘‘(XI) describe the remedies for breach of the lease,
business agreement, or right-of-way;
‘‘(XII) require each lease, business agreement, and
right-of-way to include a statement that, if any of
its provisions violates an express term or requirement
of the tribal energy resource agreement pursuant to
which the lease, business agreement, or right-of-way
was executed—
‘‘(aa) the provision shall be null and void; and
‘‘(bb) if the Secretary determines the provision
to be material, the Secretary may suspend or
rescind the lease, business agreement, or rightof-way or take other appropriate action that the
Secretary determines to be in the best interest
of the Indian tribe;
‘‘(XIII) require each lease, business agreement, and
right-of-way to provide that it will become effective
on the date on which a copy of the executed lease,
business agreement, or right-of-way is delivered to the
Secretary in accordance with regulations promulgated
under paragraph (8);
‘‘(XIV) include citations to tribal laws, regulations,
or procedures, if any, that set out tribal remedies that
must be exhausted before a petition may be submitted
to the Secretary under paragraph (7)(B);
‘‘(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
‘‘(XVI) in accordance with the regulations promulgated by the Secretary under paragraph (8), require
that the Indian tribe, as soon as practicable after
receipt of a notice by the Indian tribe, give written
notice to the Secretary of—
‘‘(aa) any breach or other violation by another
party of any provision in a lease, business agreement, or right-of-way entered into under the tribal
energy resource agreement; and
‘‘(bb) any activity or occurrence under a lease,
business agreement, or right-of-way that constitutes a violation of Federal or tribal environmental laws.

119 STAT. 772

PUBLIC LAW 109–58—AUG. 8, 2005
‘‘(C) Tribal energy resource agreements submitted
under paragraph (1) shall establish, and include provisions
to ensure compliance with, an environmental review
process that, with respect to a lease, business agreement,
or right-of-way under this section, provides for, at a
minimum—
‘‘(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;
‘‘(iii) a process for ensuring that—
‘‘(I) the public is informed of, and has an opportunity to comment on, the environmental impacts
of the proposed action; and
‘‘(II) responses to relevant and substantive
comments are provided, before tribal approval of
the lease, business agreement, or right-of-way;
‘‘(iv) sufficient administrative support and technical capability to carry out the environmental review
process; and
‘‘(v) oversight by the Indian tribe of energy development activities by any other party under any lease,
business agreement, or right-of-way entered into
pursuant to the tribal energy resource agreement, to
determine whether the activities are in compliance
with the tribal energy resource agreement and
applicable Federal environmental laws.
‘‘(D) A tribal energy resource agreement between the
Secretary and an Indian tribe under this subsection shall
include—
‘‘(i) provisions requiring the Secretary to conduct
a periodic review and evaluation to monitor the
performance of the activities of the Indian tribe associated with the development of energy resources under
the tribal energy resource agreement; and
‘‘(ii) if a periodic review and evaluation, or an
investigation, by the Secretary of any breach or violation described in a notice provided by the Indian tribe
to the Secretary in accordance with subparagraph
(B)(iii)(XVI), results in a finding by the Secretary of
imminent jeopardy to a physical trust asset arising
from a violation of the tribal energy resource agreement or applicable Federal laws, provisions authorizing
the Secretary to take actions determined by the Secretary to be necessary to protect the asset, including
reassumption of responsibility for activities associated
with the development of energy resources on tribal
land until the violation and any condition that caused
the jeopardy are corrected.
‘‘(E) Periodic review and evaluation under subparagraph (D) shall be conducted on an annual basis, except
that, after the third annual review and evaluation, the
Secretary and the Indian tribe may mutually agree to
amend the tribal energy resource agreement to authorize

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 773

the review and evaluation under subparagraph (D) to be
conducted once every 2 years.
‘‘(3) The Secretary shall provide notice and opportunity
for public comment on tribal energy resource agreements submitted for approval under paragraph (1). The Secretary’s review
of a tribal energy resource agreement shall be limited to activities specified by the provisions of the tribal energy resource
agreement.
‘‘(4) If the Secretary disapproves a tribal energy resource
agreement submitted by an Indian tribe under paragraph (1),
the Secretary shall, not later than 10 days after the date
of disapproval—
‘‘(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.
‘‘(5) If an Indian tribe executes a lease or business agreement, or grants a right-of-way, in accordance with a tribal
energy resource agreement approved under this subsection,
the Indian tribe shall, in accordance with the process and
requirements under regulations promulgated under paragraph
(8), provide to the Secretary—
‘‘(A) a copy of the lease, business agreement, or rightof-way document (including all amendments to and
renewals of the document); and
‘‘(B) in the case of a tribal energy resource agreement
or a lease, business agreement, or right-of-way that permits
payments to be made directly to the Indian tribe, information and documentation of those payments sufficient to
enable the Secretary to discharge the trust responsibility
of the United States to enforce the terms of, and protect
the rights of the Indian tribe under, the lease, business
agreement, or right-of-way.
‘‘(6)(A) In carrying out this section, the Secretary shall—
‘‘(i) act in accordance with the trust responsibility of
the United States relating to mineral and other trust
resources; and
‘‘(ii) act in good faith and in the best interests of
the Indian tribes.
‘‘(B) Subject to the provisions of subsections (a)(2), (b),
and (c) waiving the requirement of Secretarial approval of
leases, business agreements, and rights-of-way executed pursuant to tribal energy resource agreements approved under this
section, and the provisions of subparagraph (D), nothing in
this section shall absolve the United States from any responsibility to Indians or Indian tribes, including, but not limited
to, those which derive from the trust relationship or from
any treaties, statutes, and other laws of the United States,
Executive orders, or agreements between the United States
and any Indian tribe.
‘‘(C) The Secretary shall continue to fulfill the trust obligation of the United States to ensure that the rights and interests
of an Indian tribe are protected if—
‘‘(i) any other party to a lease, business agreement,
or right-of-way violates any applicable Federal law or the

Notice.
Public
information.

Deadline.

Notification.

Records.

119 STAT. 774

Deadline.

Records.

Deadline.
Claims.

Deadline.

PUBLIC LAW 109–58—AUG. 8, 2005
terms of any lease, business agreement, or right-of-way
under this section; or
‘‘(ii) any provision in a lease, business agreement, or
right-of-way violates the tribal energy resource agreement
pursuant to which the lease, business agreement, or rightof-way was executed.
‘‘(D)(i) In this subparagraph, the term ‘negotiated term’
means any term or provision that is negotiated by an Indian
tribe and any other party to a lease, business agreement, or
right-of-way entered into pursuant to an approved tribal energy
resource agreement.
‘‘(ii) Notwithstanding subparagraph (B), the United States
shall not be liable to any party (including any Indian tribe)
for any negotiated term of, or any loss resulting from the
negotiated terms of, a lease, business agreement, or rightof-way executed pursuant to and in accordance with a tribal
energy resource agreement approved by the Secretary under
paragraph (2).
‘‘(7)(A) In this paragraph, the term ‘interested party’ means
any person (including an entity) that has demonstrated that
an interest of the person has sustained, or will sustain, an
adverse environmental impact as a result of the failure of
an Indian tribe to comply with a tribal energy resource agreement of the Indian tribe approved by the Secretary under
paragraph (2).
‘‘(B) After exhaustion of any tribal remedy, and in accordance with regulations promulgated by the Secretary under paragraph (8), an interested party may submit to the Secretary
a petition to review the compliance by an Indian tribe with
a tribal energy resource agreement of the Indian tribe approved
by the Secretary under paragraph (2).
‘‘(C)(i) Not later than 20 days after the date on which
the Secretary receives a petition under subparagraph (B), the
Secretary shall—
‘‘(I) provide to the Indian tribe a copy of the petition;
and
‘‘(II) consult with the Indian tribe regarding any noncompliance alleged in the petition.
‘‘(ii) Not later than 45 days after the date on which a
consultation under clause (i)(II) takes place, the Indian tribe
shall respond to any claim made in a petition under subparagraph (B).
‘‘(iii) The Secretary shall act in accordance with subparagraphs (D) and (E) only if the Indian tribe—
‘‘(I) denies, or fails to respond to, each claim made
in the petition within the period described in clause (ii);
or
‘‘(II) fails, refuses, or is unable to cure or otherwise
resolve each claim made in the petition within a reasonable
period, as determined by the Secretary, after the expiration
of the period described in clause (ii).
‘‘(D)(i) Not later than 120 days after the date on which
the Secretary receives a petition under subparagraph (B), the
Secretary shall determine whether the Indian tribe is not in
compliance with the tribal energy resource agreement.
‘‘(ii) The Secretary may adopt procedures under paragraph
(8) authorizing an extension of time, not to exceed 120 days,

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 775

for making the determination under clause (i) in any case
in which the Secretary determines that additional time is necessary to evaluate the allegations of the petition.
‘‘(iii) Subject to subparagraph (E), if the Secretary determines that the Indian tribe is not in compliance with the
tribal energy resource agreement, the Secretary shall take such
action as the Secretary determines to be necessary to ensure
compliance with the tribal energy resource agreement,
including—
‘‘(I) temporarily suspending any activity under a lease,
business agreement, or right-of-way under this section until
the Indian tribe is in compliance with the approved tribal
energy resource agreement; or
‘‘(II) rescinding approval of all or part of the tribal
energy resource agreement, and if all of the agreement
is rescinded, reassuming the responsibility for approval
of any future leases, business agreements, or rights-ofway described in subsection (a) or (b).
‘‘(E) Before taking an action described in subparagraph
(D)(iii), the Secretary shall—
‘‘(i) make a written determination that describes the
manner in which the tribal energy resource agreement
has been violated;
‘‘(ii) provide the Indian tribe with a written notice
of the violations together with the written determination;
and
‘‘(iii) before taking any action described in subparagraph (D)(iii) or seeking any other remedy, provide the
Indian tribe with a hearing and a reasonable opportunity
to attain compliance with the tribal energy resource agreement.
‘‘(F) An Indian tribe described in subparagraph (E) shall
retain all rights to appeal under any regulation promulgated
by the Secretary.
‘‘(8) Not later than 1 year after the date of enactment
of the Energy Policy Act of 2005, the Secretary shall promulgate
regulations that implement this subsection, including—
‘‘(A) 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;
‘‘(B) a process and requirements in accordance with
which an Indian tribe may—
‘‘(i) voluntarily rescind a tribal energy resource
agreement approved by the Secretary under this subsection; and
‘‘(ii) return to the Secretary the responsibility to
approve any future lease, business agreement, or rightof-way under this subsection;
‘‘(C) provisions establishing the scope of, and procedures for, the periodic review and evaluation described
in subparagraphs (D) and (E) of paragraph (2), including

Notice.

Deadline.
Regulations.

119 STAT. 776

PUBLIC LAW 109–58—AUG. 8, 2005

provisions for review of transactions, reports, site inspections, and any other review activities the Secretary determines to be appropriate; and
‘‘(D) provisions describing final agency actions after
exhaustion of administrative appeals from determinations
of the Secretary under paragraph (7).
‘‘(f) NO EFFECT ON OTHER LAW.—Nothing in this section affects
the application of—
‘‘(1) any Federal environmental law;
‘‘(2) the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et seq.); or
‘‘(3) except as otherwise provided in this title, the Indian
Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.).
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary such sums as are necessary
for each of fiscal years 2006 through 2016 to carry out this section
and to make grants or provide other appropriate assistance to
Indian tribes to assist the Indian tribes in developing and implementing tribal energy resource agreements in accordance with this
section.
25 USC 3505.

‘‘SEC. 2605. FEDERAL POWER MARKETING ADMINISTRATIONS.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) The term ‘Administrator’ means the Administrator of
the Bonneville Power Administration and the Administrator
of the Western Area Power Administration.
‘‘(2) The term ‘power marketing administration’ means—
‘‘(A) the Bonneville Power Administration;
‘‘(B) the Western Area Power Administration; and
‘‘(C) any other power administration the power allocation of which is used by or for the benefit of an Indian
tribe located in the service area of the administration.
‘‘(b) ENCOURAGEMENT OF INDIAN TRIBAL ENERGY DEVELOPMENT.—Each Administrator shall encourage Indian tribal energy
development by taking such actions as the Administrators determine to be appropriate, including administration of programs of
the power marketing administration, in accordance with this section.
‘‘(c) ACTION BY ADMINISTRATORS.—In carrying out this section,
in accordance with laws in existence on the date of enactment
of the Energy Policy Act of 2005—
‘‘(1) each Administrator shall consider the unique relationship that exists between the United States and Indian tribes;
‘‘(2) power allocations from the Western Area Power
Administration to Indian tribes may be used to meet firming
and reserve needs of Indian-owned energy projects on Indian
land;
‘‘(3) the Administrator of the Western Area Power Administration may purchase non-federally generated power from
Indian tribes to meet the firming and reserve requirements
of the Western Area Power Administration; and
‘‘(4) each Administrator shall not—
‘‘(A) pay more than the prevailing market price for
an energy product; or
‘‘(B) obtain less than prevailing market terms and
conditions.
‘‘(d) ASSISTANCE FOR TRANSMISSION SYSTEM USE.—

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 777

‘‘(1) An Administrator may provide technical assistance
to Indian tribes seeking to use the high-voltage transmission
system for delivery of electric power.
‘‘(2) The costs of technical assistance provided under paragraph (1) shall be funded—
‘‘(A) by the Secretary of Energy using nonreimbursable
funds appropriated for that purpose; or
‘‘(B) by any appropriate Indian tribe.
‘‘(e) POWER ALLOCATION STUDY.—Not later than 2 years after
the date of enactment of the Energy Policy Act of 2005, the Secretary of Energy shall submit to Congress a report that—
‘‘(1) describes the use by Indian tribes of Federal power
allocations of the power marketing administration (or power
sold by the Southwestern Power Administration) to or for the
benefit of Indian tribes in a service area of the power marketing
administration; and
‘‘(2) identifies—
‘‘(A) the quantity of power allocated to, or used for
the benefit of, Indian tribes by the Western Area Power
Administration;
‘‘(B) the quantity of power sold to Indian tribes by
any other power marketing administration; and
‘‘(C) barriers that impede tribal access to and use of
Federal power, including an assessment of opportunities
to remove those barriers and improve the ability of power
marketing administrations to deliver Federal power.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $750,000, non-reimbursable, to remain available until expended.
‘‘SEC. 2606. WIND AND HYDROPOWER FEASIBILITY STUDY.

‘‘(a) STUDY.—The Secretary of Energy, in coordination with
the Secretary of the Army and the Secretary, shall conduct a
study of the cost and feasibility of developing a demonstration
project that uses wind energy generated by Indian tribes and hydropower generated by the Army Corps of Engineers on the Missouri
River to supply firming power to the Western Area Power Administration.
‘‘(b) SCOPE OF STUDY.—The study shall—
‘‘(1) determine the economic and engineering feasibility
of blending wind energy and hydropower generated from the
Missouri River dams operated by the Army Corps of Engineers,
including an assessment of the costs and benefits of blending
wind energy and hydropower compared to current sources used
for firming power to the Western Area Power Administration;
‘‘(2) review historical and projected requirements for, patterns of availability and use of, and reasons for historical patterns concerning the availability of firming power;
‘‘(3) assess the wind energy resource potential on tribal
land and projected cost savings through a blend of wind and
hydropower over a 30-year period;
‘‘(4) determine seasonal capacity needs and associated
transmission upgrades for integration of tribal wind generation
and identify costs associated with these activities;
‘‘(5) include an independent tribal engineer and a Western
Area Power Administration customer representative as study
team members; and

Deadline.
Reports.

25 USC 3506.

119 STAT. 778

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(6) incorporate, to the extent appropriate, the results of
the Dakotas Wind Transmission study prepared by the Western
Area Power Administration.
‘‘(c) REPORT.—Not later than 1 year after the date of enactment
of the Energy Policy Act of 2005, the Secretary of Energy, the
Secretary, and the Secretary of the Army shall submit to Congress
a report that describes the results of the study, including—
‘‘(1) an analysis and comparison of the potential energy
cost or benefits to the customers of the Western Area Power
Administration through the use of combined wind and hydropower;
‘‘(2) an economic and engineering evaluation of whether
a combined wind and hydropower system can reduce reservoir
fluctuation, enhance efficient and reliable energy production,
and provide Missouri River management flexibility;
‘‘(3) if found feasible, recommendations for a demonstration
project to be carried out by the Western Area Power Administration, in partnership with an Indian tribal government or
tribal energy resource development organization, and Western
Area Power Administration customers to demonstrate the feasibility and potential of using wind energy produced on Indian
land to supply firming energy to the Western Area Power
Administration; and
‘‘(4) an identification of—
‘‘(A) the economic and environmental costs of, or benefits to be realized through, a Federal-tribal-customer partnership; and
‘‘(B) the manner in which a Federal-tribal-customer
partnership could contribute to the energy security of the
United States.
‘‘(d) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $1,000,000,
to remain available until expended.
‘‘(2) NONREIMBURSABILITY.—Costs incurred by the Secretary in carrying out this section shall be nonreimbursable.’’.
(b) CONFORMING AMENDMENTS.—The table of contents for the
Energy Policy Act of 1992 is amended by striking the items relating
to title XXVI and inserting the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

Definitions.
Indian tribal energy resource development.
Indian tribal energy resource regulation.
Leases, business agreements, and rights-of-way involving energy development or transmission.
‘‘Sec. 2605. Federal Power Marketing Administrations.
‘‘Sec. 2606. Wind and hydropower feasibility study.’’.
25 USC 3501
note.

2601.
2602.
2603.
2604.

SEC. 504. CONSULTATION WITH INDIAN TRIBES.

In carrying out this title and the amendments made by this
title, the Secretary and the Secretary of the Interior shall, as
appropriate and to the maximum extent practicable, involve and
consult with Indian tribes.
SEC. 505. FOUR CORNERS TRANSMISSION LINE PROJECT AND ELECTRIFICATION.

(a) TRANSMISSION LINE PROJECT.—The Dine Power Authority,
an enterprise of the Navajo Nation, shall be eligible to receive
grants and other assistance under section 217 of the Department
of Energy Organization Act, as added by section 502, and section

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 779

2602 of the Energy Policy Act of 1992, as amended by this Act,
for activities associated with the development of a transmission
line from the Four Corners Area to southern Nevada, including
related power generation opportunities.
(b) NAVAJO ELECTRIFICATION.—Section 602 of Public Law 106–
511 (114 Stat. 2376) is amended—
(1) in subsection (a)—
(A) in the first sentence, by striking ‘‘5-year’’ and
inserting ‘‘10-year’’; and
(B) in the third sentence, by striking ‘‘2006’’ and
inserting ‘‘2011’’; and
(2) in the first sentence of subsection (e) by striking ‘‘2006’’
and inserting ‘‘2011’’.
SEC. 506. ENERGY EFFICIENCY IN FEDERALLY ASSISTED HOUSING.

42 USC 16001.

(a) IN GENERAL.—The Secretary of Housing and Urban Development shall promote energy conservation in housing that is located
on Indian land and assisted with Federal resources through—
(1) the use of energy-efficient technologies and innovations
(including the procurement of energy-efficient refrigerators and
other appliances);
(2) the promotion of shared savings contracts; and
(3) the use and implementation of such other similar technologies and innovations as the Secretary of Housing and Urban
Development considers to be appropriate.
(b) AMENDMENT.—Section 202(2) of the Native American
Housing and Self-Determination Act of 1996 (25 U.S.C. 4132(2))
is amended by inserting ‘‘improvement to achieve greater energy
efficiency,’’ after ‘‘planning,’’.

TITLE VI—NUCLEAR MATTERS
Subtitle A—Price-Anderson Act
Amendments
SEC. 601. SHORT TITLE.

This subtitle may be cited as the ‘‘Price-Anderson Amendments
Act of 2005’’.
SEC. 602. EXTENSION OF INDEMNIFICATION AUTHORITY.

(a) INDEMNIFICATION OF NUCLEAR REGULATORY COMMISSION
LICENSEES.—Section 170 c. of the Atomic Energy Act of 1954 (42
U.S.C. 2210(c)) is amended—
(1) in the subsection heading, by striking ‘‘LICENSES’’ and
inserting ‘‘LICENSEES’’; and
(2) by striking ‘‘December 31, 2003’’ each place it appears
and inserting ‘‘December 31, 2025’’.
(b) INDEMNIFICATION OF DEPARTMENT CONTRACTORS.—Section
170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C.
2210(d)(1)(A)) is amended by striking ‘‘December 31, 2006’’ and
inserting ‘‘December 31, 2025’’.
(c) INDEMNIFICATION OF NONPROFIT EDUCATIONAL INSTITUTIONS.—Section 170 k. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(k)) is amended by striking ‘‘August 1, 2002’’ each place it
appears and inserting ‘‘December 31, 2025’’.

Price-Anderson
Amendments Act
of 2005.
42 USC 2011
note.