PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 771
‘‘(VI) establish requirements for environmental review in accordance with subparagraph (C); ‘‘(VII) ensure compliance with all applicable environmental laws, including a requirement that each lease, business agreement, and right-of-way state that the lessee, operator, or right-of-way grantee shall comply with all such laws; ‘‘(VIII) identify final approval authority; ‘‘(IX) provide for public notification of final approvals; ‘‘(X) establish a process for consultation with any affected States regarding off-reservation impacts, if any, identified under subparagraph (C)(i); ‘‘(XI) describe the remedies for breach of the lease, business agreement, or right-of-way; ‘‘(XII) require each lease, business agreement, and right-of-way to include a statement that, if any of its provisions violates an express term or requirement of the tribal energy resource agreement pursuant to which the lease, business agreement, or right-of-way was executed— ‘‘(aa) the provision shall be null and void; and ‘‘(bb) if the Secretary determines the provision to be material, the Secretary may suspend or rescind the lease, business agreement, or rightof-way or take other appropriate action that the Secretary determines to be in the best interest of the Indian tribe; ‘‘(XIII) require each lease, business agreement, and right-of-way to provide that it will become effective on the date on which a copy of the executed lease, business agreement, or right-of-way is delivered to the Secretary in accordance with regulations promulgated under paragraph (8); ‘‘(XIV) include citations to tribal laws, regulations, or procedures, if any, that set out tribal remedies that must be exhausted before a petition may be submitted to the Secretary under paragraph (7)(B); ‘‘(XV) specify the financial assistance, if any, to be provided by the Secretary to the Indian tribe to assist in implementation of the tribal energy resource agreement, including environmental review of individual projects; and ‘‘(XVI) in accordance with the regulations promulgated by the Secretary under paragraph (8), require that the Indian tribe, as soon as practicable after receipt of a notice by the Indian tribe, give written notice to the Secretary of— ‘‘(aa) any breach or other violation by another party of any provision in a lease, business agreement, or right-of-way entered into under the tribal energy resource agreement; and ‘‘(bb) any activity or occurrence under a lease, business agreement, or right-of-way that constitutes a violation of Federal or tribal environmental laws.
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