PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 773
the review and evaluation under subparagraph (D) to be conducted once every 2 years. ‘‘(3) The Secretary shall provide notice and opportunity for public comment on tribal energy resource agreements submitted for approval under paragraph (1). The Secretary’s review of a tribal energy resource agreement shall be limited to activities specified by the provisions of the tribal energy resource agreement. ‘‘(4) If the Secretary disapproves a tribal energy resource agreement submitted by an Indian tribe under paragraph (1), the Secretary shall, not later than 10 days after the date of disapproval— ‘‘(A) notify the Indian tribe in writing of the basis for the disapproval; ‘‘(B) identify what changes or other actions are required to address the concerns of the Secretary; and ‘‘(C) provide the Indian tribe with an opportunity to revise and resubmit the tribal energy resource agreement. ‘‘(5) If an Indian tribe executes a lease or business agreement, or grants a right-of-way, in accordance with a tribal energy resource agreement approved under this subsection, the Indian tribe shall, in accordance with the process and requirements under regulations promulgated under paragraph (8), provide to the Secretary— ‘‘(A) a copy of the lease, business agreement, or rightof-way document (including all amendments to and renewals of the document); and ‘‘(B) in the case of a tribal energy resource agreement or a lease, business agreement, or right-of-way that permits payments to be made directly to the Indian tribe, information and documentation of those payments sufficient to enable the Secretary to discharge the trust responsibility of the United States to enforce the terms of, and protect the rights of the Indian tribe under, the lease, business agreement, or right-of-way. ‘‘(6)(A) In carrying out this section, the Secretary shall— ‘‘(i) act in accordance with the trust responsibility of the United States relating to mineral and other trust resources; and ‘‘(ii) act in good faith and in the best interests of the Indian tribes. ‘‘(B) Subject to the provisions of subsections (a)(2), (b), and (c) waiving the requirement of Secretarial approval of leases, business agreements, and rights-of-way executed pursuant to tribal energy resource agreements approved under this section, and the provisions of subparagraph (D), nothing in this section shall absolve the United States from any responsibility to Indians or Indian tribes, including, but not limited to, those which derive from the trust relationship or from any treaties, statutes, and other laws of the United States, Executive orders, or agreements between the United States and any Indian tribe. ‘‘(C) The Secretary shall continue to fulfill the trust obligation of the United States to ensure that the rights and interests of an Indian tribe are protected if— ‘‘(i) any other party to a lease, business agreement, or right-of-way violates any applicable Federal law or the
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