Page:United States Statutes at Large Volume 119.djvu/792

 119 STAT. 774

terms of any lease, business agreement, or right-of-way under this section; or ‘‘(ii) any provision in a lease, business agreement, or right-of-way violates the tribal energy resource agreement pursuant to which the lease, business agreement, or rightof-way was executed. ‘‘(D)(i) In this subparagraph, the term ‘negotiated term’ means any term or provision that is negotiated by an Indian tribe and any other party to a lease, business agreement, or right-of-way entered into pursuant to an approved tribal energy resource agreement. ‘‘(ii) Notwithstanding subparagraph (B), the United States shall not be liable to any party (including any Indian tribe) for any negotiated term of, or any loss resulting from the negotiated terms of, a lease, business agreement, or rightof-way executed pursuant to and in accordance with a tribal energy resource agreement approved by the Secretary under paragraph (2). ‘‘(7)(A) In this paragraph, the term ‘interested party’ means any person (including an entity) that has demonstrated that an interest of the person has sustained, or will sustain, an adverse environmental impact as a result of the failure of an Indian tribe to comply with a tribal energy resource agreement of the Indian tribe approved by the Secretary under paragraph (2). ‘‘(B) After exhaustion of any tribal remedy, and in accordance with regulations promulgated by the Secretary under paragraph (8), an interested party may submit to the Secretary a petition to review the compliance by an Indian tribe with a tribal energy resource agreement of the Indian tribe approved by the Secretary under paragraph (2). ‘‘(C)(i) Not later than 20 days after the date on which the Secretary receives a petition under subparagraph (B), the Secretary shall— ‘‘(I) provide to the Indian tribe a copy of the petition; and ‘‘(II) consult with the Indian tribe regarding any noncompliance alleged in the petition. ‘‘(ii) Not later than 45 days after the date on which a consultation under clause (i)(II) takes place, the Indian tribe shall respond to any claim made in a petition under subparagraph (B). ‘‘(iii) The Secretary shall act in accordance with subparagraphs (D) and (E) only if the Indian tribe— ‘‘(I) denies, or fails to respond to, each claim made in the petition within the period described in clause (ii); or ‘‘(II) fails, refuses, or is unable to cure or otherwise resolve each claim made in the petition within a reasonable period, as determined by the Secretary, after the expiration of the period described in clause (ii). ‘‘(D)(i) Not later than 120 days after the date on which the Secretary receives a petition under subparagraph (B), the Secretary shall determine whether the Indian tribe is not in compliance with the tribal energy resource agreement. ‘‘(ii) The Secretary may adopt procedures under paragraph (8) authorizing an extension of time, not to exceed 120 days,

Deadline.

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Deadline. Claims.

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