Page:United States Statutes at Large Volume 119.djvu/793

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 775

for making the determination under clause (i) in any case in which the Secretary determines that additional time is necessary to evaluate the allegations of the petition. ‘‘(iii) Subject to subparagraph (E), if the Secretary determines that the Indian tribe is not in compliance with the tribal energy resource agreement, the Secretary shall take such action as the Secretary determines to be necessary to ensure compliance with the tribal energy resource agreement, including— ‘‘(I) temporarily suspending any activity under a lease, business agreement, or right-of-way under this section until the Indian tribe is in compliance with the approved tribal energy resource agreement; or ‘‘(II) rescinding approval of all or part of the tribal energy resource agreement, and if all of the agreement is rescinded, reassuming the responsibility for approval of any future leases, business agreements, or rights-ofway described in subsection (a) or (b). ‘‘(E) Before taking an action described in subparagraph (D)(iii), the Secretary shall— ‘‘(i) make a written determination that describes the manner in which the tribal energy resource agreement has been violated; ‘‘(ii) provide the Indian tribe with a written notice of the violations together with the written determination; and ‘‘(iii) before taking any action described in subparagraph (D)(iii) or seeking any other remedy, provide the Indian tribe with a hearing and a reasonable opportunity to attain compliance with the tribal energy resource agreement. ‘‘(F) An Indian tribe described in subparagraph (E) shall retain all rights to appeal under any regulation promulgated by the Secretary. ‘‘(8) Not later than 1 year after the date of enactment of the Energy Policy Act of 2005, the Secretary shall promulgate regulations that implement this subsection, including— ‘‘(A) criteria to be used in determining the capacity of an Indian tribe under paragraph (2)(B)(i), including the experience of the Indian tribe in managing natural resources and financial and administrative resources available for use by the Indian tribe in implementing the approved tribal energy resource agreement of the Indian tribe; ‘‘(B) a process and requirements in accordance with which an Indian tribe may— ‘‘(i) voluntarily rescind a tribal energy resource agreement approved by the Secretary under this subsection; and ‘‘(ii) return to the Secretary the responsibility to approve any future lease, business agreement, or rightof-way under this subsection; ‘‘(C) provisions establishing the scope of, and procedures for, the periodic review and evaluation described in subparagraphs (D) and (E) of paragraph (2), including

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