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Bill114th CongressFiled Jan 26, 2015Native Americans
H.R. 538

Native American Energy Act

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house amended (Oct 8, 2015)

Native American Energy Act

(Sec. 2) This bill amends the Energy Policy Act of 1992 to allow the Department of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring Interior approval. (Currently, Interior sets appraisal requirements.)

Interior must approve or disapprove an appraisal within 60 days or the appraisal is deemed approved.

A tribe may waive the requirement for an appraisal if it also waives any claims for damages it might have against the United States as a result of the lack of an appraisal.

(Sec. 3) Each agency within Interior involved in the review of oil and gas activities on Indian lands must use a uniform system of reference numbers and tracking systems for oil and gas wells.

(Sec. 4) This bill amends the National Environmental Policy Act of 1969 to make the environmental impact statement for a major federal action (excluding an action related to gaming) on Indian lands available for review and comment only to the affected tribe, individuals residing within the affected area, and state, tribal, and local governments within the affected area.

(Sec. 5) This bill sets forth provisions for the judicial review of a cause of action related to energy development on Indian land.

(Sec. 6) This bill amends the Tribal Forest Protection Act of 2004 to direct Interior, for land under Bureau of Land Management jurisdiction, and the Department of Agriculture (USDA), for land under Forest Service jurisdiction, to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. Interior and USDA may carry out demonstration projects by which tribes may perform the functions of programs under the Tribal Forest Protection Act of 2004.

(Sec. 7) Activity pursuant to a tribal resource management plan or an integrated resource management plan approved by Interior under the National Indian Forest Resources Management Act or the American Indian Agricultural Resource Management Act is considered to be a sustainable management practice.

(Sec. 8) This bill amends the Long-Term Leasing Act to allow the Navajo Nation to enter into mineral resource leases on their restricted lands without Interior's approval. The maximum term of a Navajo Nation lease that does not require Interior's approval is extended for commercial and agricultural leases and established for mineral resource leases.

(Sec. 9) Interior rules regarding hydraulic fracturing do not apply on land held in trust for Indians or on restricted Indian land, except with the express consent of the Indian beneficiaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation.

What just happenedOct 19, 2015

Received in the Senate and Read twice and referred to the Committee on Indian Affairs.

Who’s behind it

Rep. Young, Don [R-AK-At Large](R-AK)Sponsor
1 cosponsor1 R
Read on Congress.gov
1cosponsors2committees31actions2amendments5related bills20subjects
  1. Oct 19, 2015IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Indian Affairs.

    Indian Affairs Committee
  2. Oct 8, 2015FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Oct 8, 2015FloorH37100

    On passage Passed by the Yeas and Nays: 254 - 173 (Roll no. 544).

  4. Oct 8, 2015Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 254 - 173 (Roll no. 544).

  5. Oct 8, 2015FloorH36110

    On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 239 (Roll no. 543). (consideration: CR H6919)

    Natural Resources Committee
  6. Oct 8, 2015FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H6919)

  7. Oct 8, 2015FloorH8D000

    Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Ben Ray Lujan (NM) motion to recommit with instructions. The instructions in the motion seek to report the same back to the House forthwith with an amendment to ensure that nothing in the underlying legislation will infringe on the authority of the President to protect any sacred or ceremonial Native American tribal site.

  8. Oct 8, 2015FloorH36100

    Mr. Lujan, Ben Ray (NM) moved to recommit with instructions to the Committee on Natural Resources. (consideration: CR H6918-6919; text: CR H6918)

    Natural Resources Committee
  9. Oct 8, 2015FloorH34400

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H6916-6917)

  10. Oct 8, 2015FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 538.

  11. Oct 8, 2015FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 466, the Committee of the Whole proceeded with 10 minutes of debate on the Lujan Grisham (NM) Part A amendment no. 2.

  12. Oct 8, 2015FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 466, the Committee of the Whole proceeded with 10 minutes of debate on the Young (AK) Part A amendment no. 1.

  13. Oct 8, 2015FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 538.

  14. Oct 8, 2015FloorH32400

    The Speaker designated the Honorable David Rouzer to act as Chairman of the Committee.

  15. Oct 8, 2015FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 466 and Rule XVIII.

  16. Oct 8, 2015FloorH8D000

    For H.R. 538, resolution provides for one hour of debate, makes specified amendments in order and allows one motion to recommit, with or without instructions. For H.R. 702, resolution provides for one hour of debate, makes specified amendments in order and allows one motion to recommit, with or without instructions.

  17. Oct 8, 2015FloorH30000

    Considered under the provisions of rule H. Res. 466. (consideration: CR H6911-6920)

  18. Oct 7, 2015FloorH1L210

    Rules Committee Resolution H. Res. 466 Reported to House. For H.R. 538, resolution provides for one hour of debate, makes specified amendments in order and allows one motion to recommit, with or without instructions. For H.R. 702, resolution provides for one hour of debate, makes specified amendments in order and allows one motion to recommit, with or without instructions.

  19. Oct 1, 2015CalendarsH12410

    Placed on the Union Calendar, Calendar No. 208.

  20. Oct 1, 2015CommitteeH12200

    Reported by the Committee on Natural Resources. H. Rept. 114-276.

    Natural Resources Committee
  21. Oct 1, 2015Committee5000

    Reported by the Committee on Natural Resources. H. Rept. 114-276.

    Natural Resources Committee
  22. Sep 10, 2015Committee

    Subcommittee on Energy and Mineral Resources Discharged.

    Natural Resources Committee
  23. Sep 10, 2015Committee

    Subcommittee on Indian, Insular and Alaska Native Affairs Discharged.

    Natural Resources Committee
  24. Sep 10, 2015Committee

    Ordered to be Reported by the Yeas and Nays: 23 - 12.

    Natural Resources Committee
  25. Sep 10, 2015Committee

    Committee Consideration and Mark-up Session Held.

    Natural Resources Committee
  26. Sep 9, 2015Committee

    Committee Consideration and Mark-up Session Held.

    Natural Resources Committee
  27. Mar 2, 2015Committee

    Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs.

    Indian and Insular Affairs Subcommittee
  28. Mar 2, 2015Committee

    Referred to the Subcommittee on Energy and Mineral Resources.

    Energy and Mineral Resources Subcommittee
  29. Jan 26, 2015IntroReferralH11100

    Referred to the House Committee on Natural Resources.

    Natural Resources Committee
  30. Jan 26, 2015IntroReferralIntro-H

    Introduced in House

  31. Jan 26, 2015IntroReferral1000

    Introduced in House

Passed House amendedOct 8, 201536

Native American Energy Act

(Sec. 2) This bill amends the Energy Policy Act of 1992 to allow the Department of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring Interior approval. (Currently, Interior sets appraisal requirements.)

Interior must approve or disapprove an appraisal within 60 days or the appraisal is deemed approved.

A tribe may waive the requirement for an appraisal if it also waives any claims for damages it might have against the United States as a result of the lack of an appraisal.

(Sec. 3) Each agency within Interior involved in the review of oil and gas activities on Indian lands must use a uniform system of reference numbers and tracking systems for oil and gas wells.

(Sec. 4) This bill amends the National Environmental Policy Act of 1969 to make the environmental impact statement for a major federal action (excluding an action related to gaming) on Indian lands available for review and comment only to the affected tribe, individuals residing within the affected area, and state, tribal, and local governments within the affected area.

(Sec. 5) This bill sets forth provisions for the judicial review of a cause of action related to energy development on Indian land.

(Sec. 6) This bill amends the Tribal Forest Protection Act of 2004 to direct Interior, for land under Bureau of Land Management jurisdiction, and the Department of Agriculture (USDA), for land under Forest Service jurisdiction, to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. Interior and USDA may carry out demonstration projects by which tribes may perform the functions of programs under the Tribal Forest Protection Act of 2004.

(Sec. 7) Activity pursuant to a tribal resource management plan or an integrated resource management plan approved by Interior under the National Indian Forest Resources Management Act or the American Indian Agricultural Resource Management Act is considered to be a sustainable management practice.

(Sec. 8) This bill amends the Long-Term Leasing Act to allow the Navajo Nation to enter into mineral resource leases on their restricted lands without Interior's approval. The maximum term of a Navajo Nation lease that does not require Interior's approval is extended for commercial and agricultural leases and established for mineral resource leases.

(Sec. 9) Interior rules regarding hydraulic fracturing do not apply on land held in trust for Indians or on restricted Indian land, except with the express consent of the Indian beneficiaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation.

Reported to House without amendmentOct 1, 201579

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Native American Energy Act

(Sec. 2) This bill amends the Energy Policy Act of 1992 to allow the Department of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring Interior approval. (Currently, Interior sets appraisal requirements.)

Interior must approve or disapprove an appraisal within 60 days or the appraisal is deemed approved.

A tribe may waive the requirement for an appraisal if it also waives any claims for damages it might have against the United States as a result of the lack of an appraisal.

(Sec. 3) Each agency within Interior involved in the review of oil and gas activities on Indian lands must use a uniform system of reference numbers and tracking systems for oil and gas wells.

(Sec. 4) This bill amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected tribe and individuals residing within the affected area.

(Sec. 5) This bill sets forth provisions for the judicial review of a cause of action related to energy development on Indian land.

(Sec. 6) This bill amends the Tribal Forest Protection Act of 2004 to direct Interior, for land under Bureau of Land Management jurisdiction, and the Department of Agriculture, for land under Forest Service jurisdiction, to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands.

(Sec. 7) Activity pursuant to a tribal resource management plan or an integrated resource management plan approved by Interior under the National Indian Forest Resources Management Act or the American Indian Agricultural Resource Management Act is considered to be a sustainable management practice.

(Sec. 8) This bill amends the Long-Term Leasing Act to allow the Navajo Nation to enter into mineral resource leases on their restricted lands without Interior's approval. The maximum term of a Navajo Nation lease that does not require Interior's approval is extended for commercial and agricultural leases and established for mineral resource leases.

(Sec. 9) Interior rules regarding hydraulic fracturing do not apply on land held in trust for Indians or on restricted Indian land, except with the express consent of the Indian beneficiaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation.

Introduced in HouseJan 26, 2015

Native American Energy Act

Amends the Energy Policy Act of 1992 to allow the Department of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring Interior approval. Deems an appraisal approved if Interior fails to respond in 60 days. Gives tribes the option of waiving such appraisals.

Requires each agency within Interior involved in the review of oil and gas activities on Indian lands to use a uniform system of reference numbers and tracking systems for oil and gas wells.

Amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected Indian tribe and individuals residing within the affected area.

Sets forth provisions for the judicial review of an energy related action.

Amends the Tribal Forest Protection Act of 2004 to direct Interior to enter into agreements with Indian tribes to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands.

Amends the Long-Term Leasing Act to allow the Navajo Nation to enter into mineral resource leases on their restricted lands without Interior's approval. Extends the lease terms for commercial or agricultural leases.

Prohibits any Interior rule regarding hydraulic fracturing from having any effect on land held in trust or restricted status for Indians, except with the express consent of its Indian beneficiaries.