Home > 106th Congressional Bills > S. 522 (rs) To amend the Federal Water Pollution Control Act to improve the quality of beaches and coastal recreation water, and for other purposes. [Reported in Senate] ...

S. 522 (rs) To amend the Federal Water Pollution Control Act to improve the quality of beaches and coastal recreation water, and for other purposes. [Reported in Senate] ...


Google
 
Web GovRecords.org








108th CONGRESS
  1st Session
                                 S. 522

   To amend the Energy Policy Act of 1992 to assist Indian tribes in 
          developing energy resources, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2003

 Mr. Campbell (for himself and Mr. Domenici) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the Energy Policy Act of 1992 to assist Indian tribes in 
          developing energy resources, 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 ``Native American Energy Development 
and Self-Determination Act of 2003''.

SEC. 2. 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

``SEC. 2601. FINDINGS; PURPOSES.

    ``(a) Findings.--Congress finds that--
            ``(1) the energy resources of Indians and Indian tribes are 
        among the most valuable natural resources of Indians and Indian 
        tribes;
            ``(2) there exists a special legal and political 
        relationship between the United States and Indian tribes as 
        expressed in treaties, the Constitution, Federal statutes, 
        court decisions, executive orders, and course of dealing;
            ``(3) Indian land comprises approximately 5 percent of the 
        land area of the United States, but contains an estimated 10 
        percent of all energy reserves in the United States, 
        including--
                    ``(A) 30 percent of known coal deposits located in 
                the western portion of the United States;
                    ``(B) 5 percent of known onshore oil deposits of 
                the United States; and
                    ``(C) 10 percent of known onshore natural gas 
                deposits of the United States;
            ``(4) coal, oil, natural gas, and other energy minerals 
        produced from Indian land represent more than 10 percent of 
        total nationwide onshore production of energy minerals;
            ``(5) in 2000, 9,300,000 barrels of oil, 299,000,000,000 
        cubic feet of natural gas, and 21,400,000 tons of coal were 
        produced from Indian land, representing $700,000,000 in Indian 
        energy revenue;
            ``(6) the Department of the Interior estimates that only 25 
        percent of the oil and less than 20 percent of all natural gas 
        reserves on Indian land have been developed;
            ``(7) the Department of Energy estimates that the wind 
        resources of the Great Plains could meet 75 percent of the 
        electricity demand in the contiguous 48 States;
            ``(8) the development of Indian energy resources would 
        assist--
                    ``(A) Indian communities in carrying out community 
                development efforts; and
                    ``(B) the United States in securing a greater 
                degree of independence from foreign sources of energy; 
                and
            ``(9) the United States, in accordance with Federal Indian 
        self-determination laws and policies, should assist Indian 
        tribes and individual Indians in developing Indian energy 
        resources.
    ``(b) Purposes.--The purposes of this title are--
            ``(1) to assist Indian tribes and individual Indians in the 
        development of Indian energy resources; and
            ``(2) to further the goal of Indian self-determination, 
        particularly through the development of stronger tribal 
        governments and greater degrees of tribal economic self-
        sufficiency.

``SEC. 2602. DEFINITIONS.

    ``In this title:
            ``(1) Commission.--The term `Commission' means the Indian 
        Energy Resource Commission established by section 2606(a).
            ``(2) Director.--The term `Director' means the Director of 
        the Office of Indian Energy Policy and Programs.
            ``(3) Indian.--The term `Indian' means an individual member 
        of an Indian tribe who owns land or an interest in land, the 
        title to which land--
                    ``(A) is held in trust by the United States; or
                    ``(B) is subject to a restriction against 
                alienation imposed by the United States.
            ``(4) Indian land.--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;
                            ``(ii) by an Indian tribe, subject to 
                        restriction by the United States against 
                        alienation; or
                            ``(iii) by a dependent Indian community; 
                        and
                    ``(C) land conveyed to a Native Corporation under 
                the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
                et seq.).
            ``(5) Indian reservation.--The term `Indian reservation' 
        includes--
                    ``(A) an Indian reservation in existence as of the 
                date of enactment of this paragraph;
                    ``(B) a public domain Indian allotment;
                    ``(C) a former reservation in the State of 
                Oklahoma;
                    ``(D) a parcel of land owned by a Native 
                Corporation under the Alaska Native Claims Settlement 
                Act (43 U.S.C. 1601 et seq.); and
                    ``(E) 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 particular State.
            ``(6) 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. 450b).
            ``(7) Native corporation.--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).
            ``(8) Program.--The term `Program' means the Indian energy 
        resource development program established under section 2603(a).
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(10) Tribal consortium.--The term `tribal consortium' 
        means an organization that consists of at least 3 entities, 1 
        of which is an Indian tribe.
            ``(11) Vertical integration of energy resources.--The term 
        `vertical integration of energy resources' means--
                    ``(A) the discovery and development of renewable 
                and nonrenewable energy resources;
                    ``(B) electricity transmission; and
                    ``(C) any other activity that is carried out to 
                achieve the purposes of this title, as determined by 
                the Secretary.

``SEC. 2603. INDIAN ENERGY RESOURCE DEVELOPMENT PROGRAM.

    ``(a) In General.--The Secretary shall establish and implement an 
Indian energy resource development program to assist Indian tribes and 
tribal consortia in achieving the purposes of this title.
    ``(b) Grants and Loans.--In carrying out the Program, the Secretary 
shall, at a minimum--
            ``(1) provide development grants to Indian tribes and 
        tribal consortia for use in developing or obtaining the 
        managerial and technical capacity needed to develop energy 
        resources on Indian land;
            ``(2) provide grants to Indian tribes and tribal consortia 
        for use in carrying out projects to promote the vertical 
        integration of energy resources, and to process, use, or 
        develop those energy resources, on Indian land; and
            ``(3) provide low-interest loans to Indian tribes and 
        tribal consortia for use in the promotion of energy resource 
        development and vertical integration or energy resources on 
        Indian land.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2004 through 2014.

``SEC. 2604. INDIAN TRIBAL RESOURCE REGULATION.

    ``(a) In General.--The Secretary may provide to Indian tribes and 
tribal consortia, on an annual basis, grants for use in developing, 
administering, implementing, and enforcing tribal laws (including 
regulations) governing the development and management of energy 
resources on Indian land.
    ``(b) Use of Funds.--Funds from a grant provided under this section 
may be used by an Indian tribe or tribal consortium for--
            ``(1) the development of a tribal energy resource inventory 
        or tribal energy resource;
            ``(2) the development of a feasibility study or other 
        report necessary to the development of energy resources;
            ``(3) the development of tribal laws and technical 
        infrastructure to protect the environment under applicable law; 
        or
            ``(4) the training of employees that--
                    ``(A) are engaged in the development of energy 
                resources; or
                    ``(B) are responsible for protecting the 
                environment.
    ``(c) Other Assistance.--To the maximum extent practicable, the 
Secretary and the Secretary of the Interior shall make available to 
Indian tribes and tribal consortia scientific and technical data for 
use in the development and management of energy resources on Indian 
land.

``SEC. 2605. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY INVOLVING 
              ENERGY DEVELOPMENT OR TRANSMISSION.

    ``(a) In General.--Notwithstanding any other provision of law--
            ``(1) an Indian or Indian tribe may enter into a lease or 
        business agreement for the purpose of energy development, 
        including a lease or business agreement for--
                    ``(A) exploration for, extraction of, processing 
                of, or other development of energy resources; and
                    ``(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 the approval of the Secretary if--
                    ``(A) the lease or business agreement is executed 
                under tribal regulations approved by the Secretary 
                under subsection (e); and
                    ``(B) the term of the lease or business agreement 
                does not exceed 30 years.
    ``(b) Rights-of-Way for Pipelines or Electric Transmission or 
Distribution Lines.--An Indian tribe may grant a right-of-way over the 
tribal land of the Indian tribe for a pipeline or an electric 
transmission or distribution line without specific approval by the 
Secretary if--
            ``(1) the right-of-way is executed under and complies with 
        tribal regulations approved by the Secretary under subsection 
        (e);
            ``(2) the term of the right-of-way does not exceed 30 
        years; and
            ``(3) the pipeline or electric transmission or distribution 
        line serves--
                    ``(A) an electric generation, transmission, or 
                distribution facility located on tribal land; or
                    ``(B) a facility located on tribal land that 
                processes or refines renewable or nonrenewable energy 
                resources developed on tribal land.
    ``(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 
under this section shall be valid unless the lease, business agreement, 
or right-of-way is authorized in accordance with tribal regulations 
approved by the Secretary under subsection (e).
    ``(e) Tribal Regulatory Requirements.--
            ``(1) In general.--An Indian tribe may submit to the 
        Secretary for approval tribal regulations governing leases, 
        business agreements, and rights-of-way under this section.
            ``(2) Approval or disapproval.--
                    ``(A) In general.--Not later than 120 days after 
                the date on which the Secretary receives tribal 
                regulations submitted by an Indian tribe under 
                paragraph (1) (or such later date as may be agreed to 
                by the Secretary and the Indian tribe), the Secretary 
                shall approve or disapprove the regulations.
                    ``(B) Conditions for approval.--The Secretary shall 
                approve tribal regulations submitted under paragraph 
                (1) only if the regulations include 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 right-of-way;
                            ``(iii) address amendments and renewals;
                            ``(iv) address consideration for the lease, 
                        business agreement, or right-of-way;
                            ``(v) address technical or other relevant 
                        requirements;
                            ``(vi) establish requirements for 
                        environmental review in accordance with 
                        subparagraph (C);
                            ``(vii) ensure compliance with all 
                        applicable environmental laws;
                            ``(viii) identify final approval authority;

Pages: 1 2 3 Next >>

Other Popular 106th Congressional Bills Documents:

1 H.R. 1192 (ih) To amend the Occupational Safety and Health Act of 1970. [Introduced in House] ...
2 H.R. 2014 (ih) To prohibit a State from imposing a discriminatory commuter tax on nonresidents. [Introduced in House] ...
3 H.Con.Res. 399 (enr) [Enrolled bill] ...
4 H.R. 3247 (ih) To amend the Internal Revenue Code of 1986 to increase job creation and small business expansion and formation in economically distressed United States insular areas. [Introduced in House] ...
5 H.R. 2261 (ih) To amend the Internal Revenue Code of 1986 to provide incentives for health coverage. [Introduced in House] ...
6 H.R. 5393 (ih) To amend title 18, United States Code, to provide a criminal penalty for the unauthorized placement of a writing with a consumer product, and for other purposes. [Introduced in House] ...
7 H.R. 2329 (ih) To amend the Act entitled ``An Act to provide for the establishment of [Introduced in House] ...
8 H.Res. 48 (ih) Expressing the sense of the House of Representatives that the Congress [Introduced in House] ...
9 H.R. 5551 (ih) To provide access to affordable health care for all Americans. [Introduced in House] ...
10 S. 1259 (es) To amend the Trademark Act of 1946 relating to dilution of famous marks, and for other purposes. [Engrossed in Senate] ...
11 S. 2877 (rfh) To authorize the Secretary of the Interior to conduct feasibility studies on water optimization in the Burnt River basin, Malheur River basin, Owyhee River basin, and Powder River basin, Oregon. [Referred in House] ...
12 H.R. 4397 (ih) To amend the Congressional Budget Act of 1974 to provide for joint [Introduced in House] ...
13 S.Res. 239 (ats) Expressing the sense of the Senate that Nadia Dabbagh, who was abducted from the United States, should be returned home to her mother, Ms. Maureen Dabbagh. [Agreed to Senate] ...
14 S. 3257 (is) To establish a Chief Labor Negotiator in the Office of the United States Trade Representative. [Introduced in Senate] ...
15 S.Res. 128 (ats) Designating March 2000, as ``Arts Education Month''. [Agreed to Senate] ...
16 S. 1257 (is) To amend statutory damages provisions of title 17, United States Code. [Introduced in Senate] ...
17 H.R. 2030 (ih) To amend title XVIII of the Social Security Act to improve the process by which the Secretary of Health and Human Services makes coverage determinations for items and services furnished under the Medicare Program, and for other purposes. [I...
18 H.R. 3767 (rh) To amend the Immigration and Nationality Act to make improvements to, and permanently authorize, the visa waiver pilot program under section 217 of such Act. [Reported in House] ...
19 H.R. 4272 (ih) To amend the Elementary and Secondary Education Act of 1965 to establish and expand programs relating to science, mathematics, engineering, and technology education, and for other purposes. [Introduced in House] ...
20 S.Res. 303 (rs) Expressing the sense of the Senate regarding the treatment by the Russian Federation of Andrei Babitsky, a Russian journalist working for Radio Free Europe/Radio Liberty. [Reported in Senate] ...
21 H.Con.Res. 327 (ih) Honoring the service and sacrifice during periods of war by members of the United States merchant marine. [Introduced in House] ...
22 H.R. 4864 (enr) To amend title 38, United States Code, to reaffirm and clarify the duty of the Secretary of Veterans Affairs to assist claimants for benefits under laws administered by the Secretary, and for other purposes. [Enrolled bill] ...
23 S. 1053 (is) To amend the Clean Air Act to incorporate certain provisions of the transportation conformity regulations, as in effect on March 1, 1999. [Introduced in Senate] ...
24 H.R. 4528 (eh) To establish an undergraduate grant program of the Department of State to assist students of limited financial means from the United States to pursue studies at foreign institutions of higher education. [Engrossed in House] ...
25 H.R. 1386 (ih) To amend the Internal Revenue Code of 1986 to exclude from gross income gain on the sale of a family farming business to a family member. [Introduced in House] ...
26 H.Res. 44 (eh) [Engrossed in House] ...
27 H.R. 350 (eh) To improve congressional deliberation on proposed Federal private sector mandates, and for other purposes. [Engrossed in House] ...
28 S. 2331 (is) To direct the Secretary of the Interior to recalculate the franchise fee owed by Fort Sumter Tours, Inc., a concessioner providing service to Fort Sumter National Monument, South Carolina. [Introduced in Senate] ...
29 H.R. 1901 (rfs) To designate the United States border station located in Pharr, Texas, as the ``Kika de la Garza United States Border Station''. [Referred in Senate] ...
30 S. 2751 (es) To direct the Secretary of Agriculture to convey certain land in the Lake Tahoe Basin Management Unit, Nevada, to the Secretary of the Interior, in trust for the Washoe Indian Tribe of Nevada and California. [Engrossed in Senate] %%Filename:...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy