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THREE, we meet – secretary approval is a statutory restriction that includes the possibility of complete prohibition



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THREE, we meet – secretary approval is a statutory restriction that includes the possibility of complete prohibition


U.S. Code ‘5 25 U.S.C. § 3504 : US Code - Section 3504: Leases, business agreements, and rights-of-way involving energy development or transmission, 2005,
An Indian tribe may grant a right-of-way 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 -¶ (A) an electric generation, transmission, or distribution¶ facility located on tribal land; or¶ (B) a facility located on tribal land that processes or¶ refines energy resources developed on tribal land; and¶ (4) 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 an agreement described in subparagraphs¶ (D) and (E) of subsection (e)(2)).¶ (c) Renewals¶ A lease or business agreement entered into, or a right-of-way¶ granted, by an Indian tribe under this section may be renewed at¶ the discretion of the Indian tribe in accordance with this section.¶ (d) Validity¶ No lease, business agreement, or right-of-way relating to the¶ development of tribal energy resources under this section shall be¶ valid unless the lease, business agreement, or right-of-way is¶ authorized by a tribal energy resource agreement approved by the¶ Secretary under subsection (e)(2).¶ (e) Tribal energy resource agreements¶ (1) On the date on which regulations are promulgated under¶ paragraph (8), an Indian tribe may submit to the Secretary for¶ approval a tribal energy resource agreement governing leases,¶ business agreements, and rights-of-way under this section.¶ (2)(A) Not later than 270 days after the date on which the¶ Secretary receives a tribal energy resource agreement from an¶ Indian tribe under paragraph (1), or not later than 60 days after¶ the Secretary receives a revised tribal energy resource agreement¶ from an Indian tribe under paragraph (4)(C) (or a later date, as¶ agreed to by the Secretary and the Indian tribe), the Secretary¶ shall approve or disapprove the tribal energy resource agreement.¶ (B) The Secretary shall approve a tribal energy resource¶ agreement submitted under paragraph (1) if -¶ (i) the Secretary determines that the Indian tribe has¶ demonstrated that the Indian tribe has sufficient capacity to¶ regulate the development of energy resources of the Indian tribe;¶ (ii) the tribal energy resource agreement includes provisions¶ required under subparagraph (D); and¶ (iii) the tribal energy resource agreement includes provisions¶ that, with respect to a lease, business agreement, or right-of-¶ way under this section -¶ (I) ensure the acquisition of necessary information from the¶ applicant for the lease, business agreement, or right-of-way;¶ (II) address the term of the lease or business agreement or¶ the term of conveyance of the right-of-way;¶ (III) address amendments and renewals;¶ (IV) address the economic return to the Indian tribe under¶ leases, business agreements, and rights-of-way;¶ (V) address technical or other relevant requirements;¶ (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 right-of-way or take other appropriate¶ action that the Secretary determines to be in the best¶ interest of the Indian tribe




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