Leases, business agreements, and rights-of-way involving energy development or transmission

In accordance with this section— 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— construction or operation of— a lease or business agreement described in paragraph (1) shall not require review by, or the approval of, the Secretary under section 81 of this title, or any other provision of law (including regulations), if the lease or business agreement— was executed— has a term that does not exceed— An Indian tribe may grant a right-of-way over tribal land without review or approval by the Secretary if the right-of-way— serves— was executed— 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. No lease or business agreement entered into, or right-of-way granted, pursuant to this section shall be valid unless the lease, business agreement, or right-of-way is authorized by subsection (a) or (b). Not later than 60 days after the date on which the tribal energy resource agreement is submitted under subparagraph (A), the Secretary shall— The Secretary shall disapprove a tribal energy resource agreement submitted pursuant to paragraph (1) or (4)(B) only if— the tribal energy resource agreement does not include provisions that, with respect to any lease, business agreement, or right-of-way to which the tribal energy resource agreement applies— 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— 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— include a certification by the Indian tribe that the Indian tribe has— 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— a process for ensuring that— a process for ensuring that— A tribal energy resource agreement between the Secretary and an Indian tribe under this subsection shall include— A tribal energy resource agreement that takes effect pursuant to this subsection shall remain in effect to the extent any provision of the tribal energy resource agreement is consistent with applicable Federal law (including regulations), unless the tribal energy resource agreement is— 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, provide the Indian tribe with— a detailed, written explanation of— If an Indian tribe executes a lease or business agreement, or grants a right-of-way, in accordance with a tribal energy resource agreement in effect under this subsection, the Indian tribe shall, in accordance with the process and requirements under regulations promulgated under paragraph (8), provide to the Secretary— In carrying out this section, the Secretary shall— The Secretary shall continue to fulfill the trust obligation of the United States to perform the obligations of the Secretary under this section and to ensure that the rights and interests of an Indian tribe are protected if— Nothing in this section absolves, limits, or otherwise affects the liability, if any, of the United States for any— Not later than 20 days after the date on which the Secretary receives a petition under subparagraph (B), the Secretary shall— The Secretary shall act in accordance with subparagraphs (D) and (E) only if the Indian tribe— Not later than 120 days after the date on which the Secretary receives a petition under subparagraph (B), the Secretary shall determine— Subject to subparagraph (E), if the Secretary determines that the Indian tribe is not in compliance with the tribal energy resource agreement pursuant to clause (i), the Secretary shall only take such action as the Secretary determines necessary to address the claims of noncompliance made in the petition, including— Before taking an action described in subparagraph (D)(iii), the Secretary shall— Not later than 1 year after August 8, 2005, the Secretary shall promulgate regulations that implement this subsection, including— a process and requirements in accordance with which an Indian tribe may— Nothing in this section affects the application of— Any amounts that the Secretary would otherwise expend to operate or carry out any program, function, service, or activity (or any portion of a program, function, service, or activity) of the Department that, as a result of an Indian tribe carrying out activities under a tribal energy resource agreement, the Secretary does not expend, the Secretary shall, at the request of the Indian tribe, make available to the Indian tribe in accordance with this subsection. The Secretary shall make the amounts described in paragraph (1) available to an Indian tribe through an annual written funding agreement that is negotiated and entered into with the Indian tribe that is separate from the tribal energy resource agreement. Notwithstanding paragraph (1)— The Secretary shall calculate the amounts under paragraph (1) in accordance with the regulations adopted under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017. The effective date or implementation of a tribal energy resource agreement under this section shall not be delayed or otherwise affected by— Not later than 90 days after the date on which an Indian tribe submits an application for certification of a tribal energy development organization in accordance with regulations promulgated under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2017, the Secretary shall approve or disapprove the application. The Secretary shall approve an application for certification if— for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application, the contract or compact— If the Secretary approves an application for certification pursuant to paragraph (2), the Secretary shall, not more than 10 days after making the determination— issue a certification stating that— Nothing in this section waives the sovereign immunity of an Indian tribe. 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.