Page:United States Statutes at Large Volume 119.djvu/788

 119 STAT. 770

Deadlines.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

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;

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