Indian Tribal Energy Development and Self-Determination Act Amendments of 2015

Floor Speech

Mr. BARRASSO. Mr. President, yesterday I introduced the Indian Tribal Energy Development and Self-Determination Act Amendments of 2015.

In recent years, the Committee on Indian Affairs has received concerns from Indian tribes and the energy industry that the Federal laws governing the development of tribal energy resources are complex and often lead to significant costs, delays and uncertainty for all parties. These costs, delays and uncertainties discourage development of tribal energy resources and drive investments away from tribal lands.

According to the National Congress of American Indians, Indian tribes hold nearly a quarter of American onshore oil and gas reserves. Yet, existing tribal energy production represents less than 5 percent of the current national production. If we can remove the costs and delays of developing energy on Indian lands, we could potentially see the country's energy production, and thus energy independence, increase significantly.

Nearly 10 years ago, Congress passed the Indian Tribal Energy Development and Self-Determination Act. This act created a new, alternative process for Indian tribes to take control of developing their energy resources on their own lands without the burdens of administrative review, approval, and oversight.

This approach gives Indian tribes the option to enter into tribal energy resource agreements with the Secretary of the Interior. Once an Indian tribe enters into this agreement, it has the authority to enter into subsequent leases, business agreements, and rights-of-way affecting energy development, without further review and approval by the Secretary--a significant departure from the standard laws, and consequent bureaucracy, applicable to tribal contracts.

That law was a step in the right direction. However, these agreements have not been utilized to the extent that they could be, primarily because the implementation of the act has been made more complex than it should be.

It is past time we make key improvements to the law so that Indian tribes can take advantage of these agreements and significantly reduce bureaucratic burdens to energy development. Years of consultation and outreach to Indian tribes have produced targeted solutions to address the concerns about the process for entering these agreements. The bill that I am introducing today would streamline the process for approving the tribal energy resource agreements and make it more predictable for Indian tribes.

I would like to highlight some of the key provisions in this bill. This bill includes a number of amendments to improve the review and approval process for the tribal energy resource agreements. For example, the bill provides clarity regarding the specific information required for tribal applications for these agreements.

In addition, the bill sets forth specific time frames for Secretarial determinations on the agreement applications. Moreover, if an application is disapproved, this bill would require the Secretary of the Interior to provide detailed explanations to the Indian tribe and steps for addressing the reasons for disapproval.

The bill has various provisions that would improve technical assistance and consultation with Indian tribes during their energy planning and development stages. It also includes an amendment to the Federal Power Act that would put Indian tribes on a similar footing with States and municipalities for preferences when preliminary permits or original licenses for hydroelectric projects are issued.

Additionally, this bill would allow Indian tribes and third parties to perform appraisals to help expedite the Secretary's approval process for tribal agreements for mineral resource development.

My bill does not focus on only traditional resource development, but includes renewal resource development components as well. For example, the bill would create tribal biomass demonstration projects to provide Indian tribes with more reliable and potentially long-term supplies of woody biomass materials.

This bill is intended to provide Indian tribes with the tools to develop and use energy more efficiently. In passing this bill, Congress will enhance the ability of Indian tribes to exercise self-determination over the development of energy resources located on tribal lands, thereby improving the lives and economic well-being of Native Americans.

Before I conclude, I would like to thank Senators Tester, McCain, Hoeven, Enzi, and Fischer for joining me in cosponsoring this bipartisan bill. I urge my colleagues to join me in advancing this bill expeditiously.

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