§ 3505. — Indian Energy Resource Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3505]
TITLE 25--INDIANS
CHAPTER 37--INDIAN ENERGY RESOURCES
Sec. 3505. Indian Energy Resource Commission
(a) Establishment
There is hereby established the Indian Energy Resource Commission
(hereafter in this section referred to as the ``Commission'').
(b) Membership
The Commission shall consist of--
(1) 8 members appointed by the Secretary of the Interior from
recommendations submitted by Indian tribes with developable energy
resources, at least 4 of whom shall be elected tribal leaders;
(2) 3 members appointed by the Secretary of the Interior from
recommendations submitted by the Governors of States that have
Indian reservations with developable energy resources;
(3) 2 members appointed by the Secretary of the Interior from
among individuals in the private sector with expertise in tribal and
State taxation of energy resources;
(4) 2 members appointed by the Secretary of the Interior from
individuals with expertise in oil and gas royalty management
administration, including auditing and accounting;
(5) 2 members appointed by the Secretary of the Interior from
individuals in the private sector with expertise in energy
development;
(6) 1 member appointed by the Secretary of the Interior from
recommendations submitted by National environmental organizations;
(7) the Secretary of the Interior, or his designee; and
(8) the Secretary of Energy, or his designee.
(c) Appointments
Members of the Commission shall be appointed not later than 60 days
after October 24, 1992.
(d) Vacancies
A vacancy in the Commission shall be filled in the same manner as
the original appointment was made. A vacancy in the Commission shall not
affect the powers of the Commission.
(e) Chairperson
The members of the Commission shall elect a Chairperson from among
the members of the Commission.
(f) Quorum
Eleven members of the Commission shall constitute a quorum, but a
lesser number may hold hearings.
(g) Organizational meeting
The Commission shall hold an organizational meeting to establish the
rules and procedures of the Commission not later than 30 days after the
members are first appointed to the Commission.
(h) Compensation
Each member of the Commission who is not an officer or employee of
the United States shall be compensated at a rate established by the
Commission, not to exceed the rate of basic pay payable for level IV of
the Executive Schedule under section 5315 of title 5, for each day
(including travel time) during which such member is engaged in the
actual performance of duties as a member of the Commission. Each member
of the Commission who is an officer or employee of the United States
shall receive no additional compensation.
(i) Travel
While away from their homes or regular places of business in the
performance of duties for the Commission, all members of the Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, at a rate established by the Commission not to exceed the
rates authorized for employees under sections 5702 and 5703 of title 5.
(j) Commission staff
(1) Executive Director
The Commission shall appoint an Executive Director who shall be
compensated at a rate established by the Commission not to exceed
the rate of basic pay payable for level V of the Executive Schedule
under section 5316 of title 5.
(2) Additional personnel
With the approval of the Commission, the Executive Director may
appoint and fix the compensation of such additional personnel as the
Executive Director considers necessary to carry out the duties of
the Commission. Such appointments shall be made in accordance with
the provisions of title 5 governing appointments in the competitive
service, but at rates not to exceed the rate of basic pay payable
for level 15 of the General Schedule.
(3) Experts and consultants
Subject to such rules as may be issued by the Commission, the
Chairperson may procure temporary and intermittent services of
experts and consultants to the same extent as is authorized by
section 3109 of title 5, but at rates not to exceed $200 a day for
individuals.
(4) Personnel detail authorized
Upon the request of the Chairperson, the head of any Federal
agency is authorized to detail, on a reimbursable basis, any of the
personnel of such agency to the Commission to assist the Commission
in carrying out its duties under this chapter. Such detail shall be
without interruption or loss of civil service status or privilege.
(k) Duties of Commission
The Commission shall--
(1) develop proposals to address the dual taxation by Indian
tribes and States of the extraction of mineral resources on Indian
reservations;
(2) make recommendations to improve the management,
administration, accounting and auditing of royalties associated with
the production of oil and gas on Indian reservations;
(3) develop alternatives for the collection and distribution of
royalties associated with production of oil and gas on Indian
reservations;
(4) develop proposals on incentives to foster the development of
energy resources on Indian reservations;
(5) identify barriers or obstacles to the development of energy
resources on Indian reservations, and make recommendations designed
to foster the development of energy resources on Indian reservations
and promote economic development;
(6) develop proposals for the promotion of vertical integration
of the development of energy resources on Indian reservations; and
(7) develop proposals on taxation incentives to foster the
development of energy resources on Indian reservations including,
but not limited to, investment tax credits and enterprise zone
credits.
(l) Powers of Commission
The powers of the Commission shall include the following:
(1) For the purpose of carrying out its duties under this
section, the Commission may hold hearings, take testimony, and
receive evidence at such times and places as the Commission
considers appropriate. The Commission may administer oaths or
affirmations to witnesses appearing before the Commission.
(2) Any member or employee of the Commission may, if authorized
by the Commission, take any action which the Commission is
authorized to take by this section.
(3) The Commission may secure directly from any Federal agency
such information as may be necessary to enable the Commission to
carry out its duties under this section.
(m) Commission report
(1) In general
The Commission shall, within 12 months after funds are made
available to carry out this section, prepare and transmit to the
President, the Committee on Natural Resources of the House of
Representatives, the Committee on Indian Affairs of the Senate, and
the Committee on Energy and Natural Resources of the Senate, a
report containing the recommendations and proposals specified in
subsection (k) of this section.
(2) Review and comment
Prior to submission of the report required under this section,
the Chairman \1\ shall circulate a draft of the report to Indian
tribes and States that have Indian reservations with developable
energy resources and other interested tribes and States for review
and comment.
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\1\ So in original. Probably should be ``Chairperson''.
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(n) Authorization of appropriations
There are authorized to be appropriated to the Commission $1,000,000
to carry out this section. Such sum shall remain available, without
fiscal year limitation, until expended.
(o) Termination
The Commission shall terminate 30 days after submitting the final
report required by subsection (m) of this section.
(Pub. L. 102-486, title XXVI, Sec. 2605, Oct. 24, 1992, 106 Stat. 3115;
Pub. L. 103-437, Sec. 10(e)(1), (2)(D), Nov. 2, 1994, 108 Stat. 4589.)
References in Text
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (j)(2), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
The General Schedule, referred to in subsec. (j)(2), is set out
under section 5332 of Title 5.
Amendments
1994--Subsec. (m)(1). Pub. L. 103-437 substituted ``Committee on
Indian'' for ``Select Committee on Indian'' and ``Natural Resources''
for ``Interior and Insular Affairs''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
