Page:United States Statutes at Large Volume 119.djvu/790

 119 STAT. 772

PUBLIC LAW 109–58—AUG. 8, 2005 ‘‘(C) 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— ‘‘(i) the identification and evaluation of all significant environmental effects (as compared to a no-action alternative), including effects on cultural resources; ‘‘(ii) the identification of proposed mitigation measures, if any, and incorporation of appropriate mitigation measures into the lease, business agreement, or right-of-way; ‘‘(iii) a process for ensuring that— ‘‘(I) the public is informed of, and has an opportunity to comment on, the environmental impacts of the proposed action; and ‘‘(II) responses to relevant and substantive comments are provided, before tribal approval of the lease, business agreement, or right-of-way; ‘‘(iv) sufficient administrative support and technical capability to carry out the environmental review process; and ‘‘(v) oversight by the Indian tribe of energy development activities by any other party under any lease, business agreement, or right-of-way entered into pursuant to the tribal energy resource agreement, to determine whether the activities are in compliance with the tribal energy resource agreement and applicable Federal environmental laws. ‘‘(D) A tribal energy resource agreement between the Secretary and an Indian tribe under this subsection shall include— ‘‘(i) provisions requiring the Secretary to conduct a periodic review and evaluation to monitor the performance of the activities of the Indian tribe associated with the development of energy resources under the tribal energy resource agreement; and ‘‘(ii) if a periodic review and evaluation, or an investigation, by the Secretary of any breach or violation described in a notice provided by the Indian tribe to the Secretary in accordance with subparagraph (B)(iii)(XVI), results in a finding by the Secretary of imminent jeopardy to a physical trust asset arising from a violation of the tribal energy resource agreement or applicable Federal laws, provisions authorizing the Secretary to take actions determined by the Secretary to be necessary to protect the asset, including reassumption of responsibility for activities associated with the development of energy resources on tribal land until the violation and any condition that caused the jeopardy are corrected. ‘‘(E) Periodic review and evaluation under subparagraph (D) shall be conducted on an annual basis, except that, after the third annual review and evaluation, the Secretary and the Indian tribe may mutually agree to amend the tribal energy resource agreement to authorize

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