PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 769
have available scientific and technical information and expertise, for use in the regulation, development, and management of energy resources of the Indian tribe on Indian land. ‘‘(2) The Secretary may carry out paragraph (1)— ‘‘(A) directly, through the use of Federal officials; or ‘‘(B) indirectly, by providing financial assistance to an Indian tribe to secure independent assistance. ‘‘SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY INVOLVING ENERGY DEVELOPMENT OR TRANSMISSION.
25 USC 3504.
‘‘(a) LEASES AND BUSINESS AGREEMENTS.—In accordance with this section— ‘‘(1) an Indian tribe may, at the discretion of the Indian tribe, enter into a lease or business agreement for the purpose of energy resource development on tribal land, including a lease or business agreement for— ‘‘(A) exploration for, extraction of, processing of, or other development of the energy mineral resources of the Indian tribe located on tribal land; or ‘‘(B) construction or operation of— ‘‘(i) an electric generation, transmission, or distribution facility located on tribal land; or ‘‘(ii) a facility to process or refine energy resources developed on tribal land; and ‘‘(2) a lease or business agreement described in paragraph (1) shall not require review by or the approval of the Secretary under section 2103 of the Revised Statutes (25 U.S.C. 81), or any other provision of law, if— ‘‘(A) the lease or business agreement is executed pursuant to a tribal energy resource agreement approved by the Secretary under subsection (e); ‘‘(B) the term of the lease or business agreement does not exceed— ‘‘(i) 30 years; or ‘‘(ii) in the case of a lease for the production of oil resources, gas resources, or both, 10 years and as long thereafter as oil or gas is produced in paying quantities; and ‘‘(C) the Indian tribe has entered into a tribal energy resource agreement with the Secretary, as described in subsection (e), relating to the development of energy resources on tribal land (including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to subsection (e)(2)(D)(i)). ‘‘(b) RIGHTS-OF-WAY FOR PIPELINES OR ELECTRIC TRANSMISSION OR DISTRIBUTION LINES.—An Indian tribe may grant a right-ofway over tribal land for a pipeline or an electric transmission or distribution line without review or approval by the Secretary if— ‘‘(1) the right-of-way is executed in accordance with a tribal energy resource agreement approved by the Secretary under subsection (e); ‘‘(2) the term of the right-of-way does not exceed 30 years; ‘‘(3) the pipeline or electric transmission or distribution line serves—
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