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Code · BILL · 115th Congress · S. 245 (Engrossed in Senate) — To amend the Indian Tribal Energy Development and Self Determination Act of 2005, and for other purposes. · Sec. 105

Sec. 105. Conforming amendments

691 words·~3 min read·/bill/115/s/245/es/section-105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ) is amended— by redesignating paragraphs
(9)through
(12)as paragraphs
(10)through (13), respectively; by inserting after paragraph
(8)the following: The term qualified Indian tribe means an Indian tribe that has— carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq.) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application without material audit exception (or without any material audit exceptions that were not corrected within the 3-year period) relating to the management of tribal land or natural resources; or substantial experience in the administration, review, or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration, management, or development of energy resources located on the tribal land of the Indian tribe. ; and by striking paragraph
(12)(as redesignated by paragraph (1)) and inserting the following: The term tribal energy development organization means— any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged in the development of energy resources and is wholly owned by an Indian tribe (including an organization incorporated pursuant to section 17 of the Act of June 18, 1934 ( 25 U.S.C. 5124 ) (commonly known as the “Indian Reorganization Act”) or section 3 of the Act of June 26, 1936 (49 Stat. 1967, chapter 831) (commonly known as the Oklahoma Indian Welfare Act )); and any organization of two or more entities, at least one of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance under section 2602 or to enter into a lease or business agreement with, or acquire a right-of-way from, an Indian tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of section 2604. . Section 2602 of the Energy Policy Act of 1992 ( 25 U.S.C. 3502 ) is amended— in subsection (a)— in paragraph (1), by striking tribal energy resource development organizations and inserting tribal energy development organizations ; and in paragraph (2), by striking tribal energy resource development organizations each place the term appears and inserting tribal energy development organizations ; and in subsection (b)(2), by striking tribal energy resource development organization and inserting tribal energy development organization . Section 2606(c)(3) of the Energy Policy Act of 1992 ( 25 U.S.C. 3506(c)(3) ) is amended by striking energy resource development and inserting energy development . Section 2604(e) of the Energy Policy Act of 1992 ( 25 U.S.C. 3504(e) ) is amended— in paragraph (3)— by striking
(3)The Secretary and inserting the following: The Secretary ; and by striking for approval ; in paragraph (4), by striking
(4)If the Secretary and inserting the following: If the Secretary ; in paragraph (5)— by striking
(5)If an Indian tribe and inserting the following: If an Indian tribe ; and in the matter preceding subparagraph (A), by striking approved and inserting in effect ; in paragraph (6)— by striking (6)(A) In carrying out and inserting the following: In carrying out ; in subparagraph (A), by indenting clauses
(i)and
(ii)appropriately; in subparagraph (B), by striking approved and inserting in effect ; and in subparagraph (D)— in clause (i), by striking an approved tribal energy resource agreement and inserting a tribal energy resource agreement in effect under this section ; and in clause (ii), by striking approved by the Secretary and inserting in effect ; and in paragraph (7)— by striking (7)(A) In this paragraph and inserting the following: In this paragraph ; in subparagraph (A), by striking approved by the Secretary and inserting in effect ; in subparagraph (B), by striking approved by the Secretary and inserting in effect ; and in subparagraph (D)(iii)— in subclause (I), by striking approved ; and in subclause (II)— by striking approval of in the first place it appears; and by striking subsection
(a)or
(b)and inserting subsection (a)(2)(A)(i) or (b)(2)(A) .
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