Pub. L. 115-325, tit. I, sec. 105
CONFORMING AMENDMENTS.
SEC. 105. CONFORMING AMENDMENTS.(a) Definition of Tribal Energy Development Organization.—Section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) is amended—(1) by redesignating paragraphs (9) through (12) as paragraphs (10) through (13), respectively;(2) by inserting after paragraph (8) the following:“(9) The term ‘qualified Indian tribe’ means an Indian tribe that has—132 STAT. 4456“(A) 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“(B) 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(3) by striking paragraph (12) (as redesignated by paragraph (1)) and inserting the following:“(12) The term ‘tribal energy development organization’ means—“(A) 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“(B) 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.”.(b) Indian Tribal Energy Resource Development.—Section 2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is amended—(1) in subsection (a)—(A) in paragraph (1), by striking “tribal energy resource development organizations” and inserting “tribal energy development organizations”; and(B) in paragraph (2), by striking “tribal energy resource development organizations” each place the term appears and inserting “tribal energy development organizations”; and(2) in subsection (b)(2), by striking “tribal energy resource development organization” and inserting “tribal energy development organization”.(c) Wind and Hydropower Feasibility Study.—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”.(d) Conforming Amendments.—Section 2604(e) of the Energy Policy Act of 1992 (25 U.S.C. 3504(e)) is amended—(1) in paragraph (3)—132 STAT. 4457(A) by striking “(3) The Secretary” and inserting the following:“(3) Notice and comment; secretarial review.—The Secretary”; and(B) by striking “for approval”;(2) in paragraph (4), by striking “(4) If the Secretary” and inserting the following:“(4) Action in case of disapproval.—If the Secretary”;(3) in paragraph (5)—(A) by striking “(5) If an Indian tribe” and inserting the following:“(5) Provision of documents to secretary.—If an Indian tribe”; and(B) in the matter preceding subparagraph (A), by striking “approved” and inserting “in effect”;(4) in paragraph (6)—(A) by striking “(6)(A) In carrying out” and inserting the following:“(6) Secretarial obligations and effect of section.—“(A) In carrying out”;(B) in subparagraph (A), by indenting clauses (i) and (ii) appropriately;(C) in subparagraph (B), by striking “approved” and inserting “in effect”; and(D) in subparagraph (D)—(i) in clause (i), by striking “an approved tribal energy resource agreement” and inserting “a tribal energy resource agreement in effect under this section”; and(ii) in clause (ii), by striking “approved by the Secretary” and inserting “in effect”; and(5) in paragraph (7)—(A) by striking “(7)(A) In this paragraph” and inserting the following:“(7) Petitions by interested parties.—“(A) In this paragraph”;(B) in subparagraph (A), by striking “approved by the Secretary” and inserting “in effect”;(C) in subparagraph (B), by striking “approved by the Secretary” and inserting “in effect”; and(D) in subparagraph (D)(iii)—(i) in subclause (I), by striking “approved”; and(ii) in subclause (II)—(I) by striking “approval of” in the first place it appears; and(II) by striking “subsection (a) or (b)” and inserting “subsection (a)(2)(A)(i) or (b)(2)(A)”.