[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2610 Reported in Senate (RS)]
<DOC>
Calendar No. 612
116th CONGRESS
2d Session
S. 2610
[Report No. 116-310]
To reauthorize certain programs under the Office of Indian Energy
Policy and Programs of the Department of Energy, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 16, 2019
Ms. Murkowski (for herself, Ms. Smith, and Mr. Sullivan) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs
December 10, 2020
Reported by Mr. Hoeven, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To reauthorize certain programs under the Office of Indian Energy
Policy and Programs of the Department of Energy, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Tribal Energy
Reauthorization Act''.</DELETED>
<DELETED>SEC. 2. INDIAN ENERGY.</DELETED>
<DELETED> (a) Definitions.--Section 2601 of the Energy Policy Act of
1992 (25 U.S.C. 3501) is amended--</DELETED>
<DELETED> (1) in paragraph (4)--</DELETED>
<DELETED> (A) in subparagraph (A), by striking ``25
U.S.C. 450b'' and inserting ``25 U.S.C. 5304'';
and</DELETED>
<DELETED> (B) in subparagraph (B), by striking
``paragraph (12) and'';</DELETED>
<DELETED> (2) by redesignating paragraphs (6) through (13)
as paragraphs (7) through (14), respectively;</DELETED>
<DELETED> (3) by inserting after paragraph (5) the
following:</DELETED>
<DELETED> ``(6) Native.--The term `Native' has the meaning
given the term in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).'';</DELETED>
<DELETED> (4) in paragraph (13) (as so redesignated)--
</DELETED>
<DELETED> (A) in subparagraph (A), by striking
``and'' at the end;</DELETED>
<DELETED> (B) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(C) the Tribally designated housing
entity for an Indian tribe that would benefit from a
grant, loan, or other assistance provided under section
2602; and</DELETED>
<DELETED> ``(D) a nonprofit electric utility
cooperative that--</DELETED>
<DELETED> ``(i) serves a population of which
more than 50 percent are members of an Indian
tribe or Natives; and</DELETED>
<DELETED> ``(ii) has a governing body
controlled by members of an Indian tribe or
Natives that would benefit from a grant, loan,
or other assistance provided under this
title.''; and</DELETED>
<DELETED> (5) by adding at the end the following:</DELETED>
<DELETED> ``(15) Tribally designated housing entity.--The
term `Tribally designated housing entity' has the meaning given
the term `tribally designated housing entity' in section 4 of
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4103).''.</DELETED>
<DELETED> (b) Department of Energy Indian Energy Education Planning
and Management Assistance Program.--Section 2602(b) of the Energy
Policy Act of 1992 (25 U.S.C. 3502(b)) is amended--</DELETED>
<DELETED> (1) in paragraph (1), by inserting ``and tribal
energy development organizations'' after ``tribes'';</DELETED>
<DELETED> (2) in paragraph (2)--</DELETED>
<DELETED> (A) by redesignating subparagraphs (A)
through (E) as subclauses (I) through (V),
respectively, and indenting appropriately;</DELETED>
<DELETED> (B) in the matter preceding subclause (I)
(as so redesignated), by striking ``organization for''
and inserting the following: ``organization--</DELETED>
<DELETED> ``(i) that furthers programs
described in paragraphs (1) through (4) of
section 217(b) of the Department of Energy
Organization Act (42 U.S.C. 7144e(b));
and</DELETED>
<DELETED> ``(ii) for''; and</DELETED>
<DELETED> (C) in clause (ii) (as so designated)--
</DELETED>
<DELETED> (i) in subclause (II) (as so
redesignated), by striking ``on Indian land''
and inserting ``owned or occupied by an Indian
tribe, a member of an Indian tribe, or a
Native'';</DELETED>
<DELETED> (ii) in subclause (IV) (as so
redesignated), by striking ``located on Indian
land'' and inserting the following: ``that--
</DELETED>
<DELETED> ``(aa) are located
on Indian land; or</DELETED>
<DELETED> ``(bb) primarily
serve homes of members of an
Indian tribe or Natives that
are located on Indian land or
acquired, constructed, or
improved wholly or partially
with Federal funds'';
and</DELETED>
<DELETED> (iii) in subclause (V) (as so
redesignated), by striking ``located on Indian
land'' and inserting ``that satisfy item (aa)
or (bb) of subclause (IV)'';</DELETED>
<DELETED> (D) by striking ``(2) In carrying out''
and inserting the following:</DELETED>
<DELETED> ``(2) Grants authorized.--</DELETED>
<DELETED> ``(A) In general.--In carrying out'';
and</DELETED>
<DELETED> (E) by adding at the end the
following:</DELETED>
<DELETED> ``(B) Cost-sharing.--</DELETED>
<DELETED> ``(i) In general.--In determining
any cost-share requirements for an Indian
tribe, intertribal organization, or tribal
energy development organization that is
applying for a grant under subparagraph (A),
the Director shall--</DELETED>
<DELETED> ``(I) take into
consideration the fiscal ability of the
Indian tribe, intertribal organization,
or tribal energy development
organization to meet a cost-share
requirement; and</DELETED>
<DELETED> ``(II) if appropriate,
offer flexibility in the grant
application process with respect to the
amount of cost-sharing to be
required.</DELETED>
<DELETED> ``(ii) Nonapplicability of certain
requirements.--Section 988 of the Energy Policy
Act of 2005 (42 U.S.C. 16352) shall not apply
to grants awarded under this
paragraph.'';</DELETED>
<DELETED> (3) in paragraph (5)--</DELETED>
<DELETED> (A) in subparagraph (B), by inserting ``or
tribal energy development organization'' after
``tribe''; and</DELETED>
<DELETED> (B) by striking subparagraph (C) and
inserting the following:</DELETED>
<DELETED> ``(C) Grants for providing or expanding
provision of electricity.--</DELETED>
<DELETED> ``(i) In general.--In providing a
grant under this subsection for an activity
described in clause (ii), the Director shall
encourage cooperative arrangements between
Indian tribes, tribal energy development
organizations, and utilities that provide
service to Indian tribes, as the Director
determines to be appropriate.</DELETED>
<DELETED> ``(ii) Activity described.--An
activity referred to in clause (i) is an
activity to provide, or to expand the provision
of, electricity primarily to--</DELETED>
<DELETED> ``(I) Indian land;
or</DELETED>
<DELETED> ``(II) homes of members of
an Indian tribe or Natives that are
located on Indian land or are acquired,
constructed, or improved wholly or
partially with Federal funds.'';
and</DELETED>
<DELETED> (4) in paragraph (7), by striking ``$20,000,000
for each of fiscal years 2006 through 2016'' and inserting
``$50,000,000 for each of fiscal years 2020 through
2030''.</DELETED>
<DELETED> (c) Department of Energy Loan Guarantee Program.--Section
2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amended
by striking paragraph (6) and inserting the following:</DELETED>
<DELETED> ``(6) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$30,000,000 for each of fiscal years 2020 through
2030.''.</DELETED>
<DELETED> (d) Office of Indian Energy Policy and Programs.--Section
217 of the Department of Energy Organization Act (42 U.S.C. 7144e) is
amended by adding at the end the following:</DELETED>
<DELETED> ``(c) Local Partnerships for Technical Assistance.--To the
maximum extent practicable, in providing technical assistance under the
programs of the Office, the Director shall--</DELETED>
<DELETED> ``(1) give priority to partnering with State and
local organizations rather than national or other organizations
that do not have comparable local experience, relationships,
and knowledge; and</DELETED>
<DELETED> ``(2) with respect to technical assistance
provided to Indian tribes and Native villages (as defined in
section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)), partner with local and regional
organizations.</DELETED>
<DELETED> ``(d) Federal Government Grants and Opportunities Liaison
for Indian Tribes and Alaska Natives.--To the maximum extent
practicable, in providing technical assistance under the programs of
the Office, the Director shall designate appropriate staff to serve as
a liaison to Indian tribes and Native villages (as defined in section 3
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) to ensure
that Indian tribes and Native villages are aware of relevant grants and
funding opportunities across all Federal agencies.</DELETED>
<DELETED> ``(e) Indian Energy in the Arctic Strategy.--</DELETED>
<DELETED> ``(1) In general.--Not later than 180 days after
the date of enactment of the Tribal Energy Reauthorization Act,
the Director shall develop, and submit to Congress a report
describing, a strategy, to be known as the `Indian Energy in
the Arctic Strategy'.</DELETED>
<DELETED> ``(2) Requirements.--The strategy developed under
paragraph (1) shall--</DELETED>
<DELETED> ``(A) apply through calendar year
2030;</DELETED>
<DELETED> ``(B) include recommendations for how best
to prepare Indian communities in the Arctic for energy
challenges relating to climate change;</DELETED>
<DELETED> ``(C) plan for how the Office can best
assist Indian communities in the Arctic with the
mission of the Office to drive down energy prices for
those communities, while anticipating the effects of a
changing Arctic as the climate changes; and</DELETED>
<DELETED> ``(D) build on, and incorporate as
appropriate, the report by the Office entitled
`National Strategy for the Arctic Region (NSAR)-Ten
Year Renewable Energy Plan' and dated April
2015.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Energy Reauthorization Act''.
SEC. 2. INDIAN ENERGY.
(a) Definitions.--Section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501) is amended--
(1) in paragraph (2)(C), by adding before the period at the
end the following: ``, or that is located in an Alaska Native
Village Statistical Area, as determined by the Bureau of the
Census'';
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``25 U.S.C.
450b'' and inserting ``25 U.S.C. 5304''; and
(B) in subparagraph (B), by striking ``paragraph
(12) and'';
(3) by redesignating paragraphs (6) through (13) as
paragraphs (7) through (14), respectively;
(4) by inserting after paragraph (5) the following:
``(6) Native.--The term `Native' has the meaning given the
term in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602).'';
(5) in paragraph (13) (as so redesignated)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(C) the Tribally designated housing entity for an
Indian tribe that would benefit from a grant, loan, or
other assistance provided under section 2602; and
``(D) a nonprofit electric utility cooperative
that--
``(i) serves a population of which more
than 50 percent are members of an Indian tribe
or Natives; and
``(ii) has a governing body controlled by
members of an Indian tribe or Natives that
would benefit from a grant, loan, or other
assistance provided under this title.''; and
(6) by adding at the end the following:
``(15) Tribally designated housing entity.--The term
`Tribally designated housing entity' has the meaning given the
term `tribally designated housing entity' in section 4 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103).''.
(b) Department of Energy Indian Energy Education Planning and
Management Assistance Program.--Section 2602(b) of the Energy Policy
Act of 1992 (25 U.S.C. 3502(b)) is amended--
(1) in paragraph (1), by inserting ``and tribal energy
development organizations'' after ``tribes'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (E)
as subclauses (I) through (V), respectively, and
indenting appropriately;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``organization for'' and
inserting the following: ``organization--
``(i) that furthers programs described in
paragraphs (1) through (4) of section 217(b) of
the Department of Energy Organization Act (42
U.S.C. 7144e(b)); and
``(ii) for''; and
(C) in clause (ii) (as so designated)--
(i) in subclause (II) (as so redesignated),
by striking ``on Indian land'' and inserting
``owned or occupied by an Indian tribe, a
member of an Indian tribe, or a Native'';
(ii) in subclause (IV) (as so
redesignated), by striking ``located on Indian
land'' and inserting the following: ``that--
``(aa) are located on
Indian land; or
``(bb) primarily serve
homes of members of an Indian
tribe or Natives that are
located on Indian land or
acquired, constructed, or
improved wholly or partially
with Federal funds''; and
(iii) in subclause (V) (as so
redesignated), by striking ``located on Indian
land'' and inserting ``that satisfy item (aa)
or (bb) of subclause (IV)'';
(D) by striking ``(2) In carrying out'' and
inserting the following:
``(2) Grants authorized.--
``(A) In general.--In carrying out''; and
(E) by adding at the end the following:
``(B) Cost-sharing.--
``(i) In general.--In determining any cost-
share requirements for an Indian tribe,
intertribal organization, or tribal energy
development organization that is applying for a
grant under subparagraph (A), the Director
shall--
``(I) take into consideration the
fiscal ability of the Indian tribe,
intertribal organization, or tribal
energy development organization to meet
a cost-share requirement; and
``(II) if appropriate, offer
flexibility in the grant application
process with respect to the amount of
cost-sharing to be required, which may
include waiving any cost-sharing
requirement for grant applicants with
limited financial resources.
``(ii) Nonapplicability of certain
requirements.--Section 988 of the Energy Policy
Act of 2005 (42 U.S.C. 16352) shall not apply
to grants awarded under this paragraph.'';
(3) in paragraph (5)--
(A) in subparagraph (B), by inserting ``or tribal
energy development organization'' after ``tribe''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Grants for providing or expanding provision
of electricity.--
``(i) In general.--In providing a grant
under this subsection for an activity described
in clause (ii), the Director shall encourage
cooperative arrangements between Indian tribes,
tribal energy development organizations, and
utilities that provide service to Indian
tribes, as the Director determines to be
appropriate.
``(ii) Activity described.--An activity
referred to in clause (i) is an activity to
provide, or to expand the provision of,
electricity primarily to--
``(I) Indian land; or
``(II) homes of members of an
Indian tribe or Natives that are
located on Indian land or are acquired,
constructed, or improved wholly or
partially with Federal funds.''; and
(4) in paragraph (7), by striking ``$20,000,000 for each of
fiscal years 2006 through 2016'' and inserting ``$50,000,000
for each of fiscal years 2021 through 2031''.
(c) Department of Energy Loan Guarantee Program.--Section 2602(c)
of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amended--
(1) in paragraph (5), by striking ``(5) Not later'' and all
that follows through ``of 2017'' and inserting the following:
``(5) Regulations required.--Not later than 1 year after
the date of enactment of the Tribal Energy Reauthorization
Act'';
(2) by striking paragraph (6) and inserting the following:
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $30,000,000 for
each of fiscal years 2021 through 2031.''; and
(3) by adding at the end the following:
``(8) Report on implementation.--Not later than 90 days
after the date of enactment of the Tribal Energy
Reauthorization Act, and annually thereafter, the Secretary of
Energy shall submit to Congress a report describing the
implementation of the loan guarantee program under this
subsection, including--
``(A) the number of applicants for a loan guarantee
under this subsection;
``(B) the total number and aggregate amount of loan
guarantees provided under this subsection;
``(C) actions the Secretary of Energy has taken to
increase applications for loan guarantees under this
subsection, separated by each applicant type described
in subparagraphs (A), (B), and (C) of paragraph (3);
and
``(D) efforts of the Secretary of Energy to
implement the loan guarantee program in coordination
with--
``(i) the best practices of the Indian loan
guarantee and insurance program under title II
of the Indian Financing Act of 1974 (25 U.S.C.
1481 et seq.); and
``(ii) the Office of Indian Energy Policy
and Programs, in order to meet the unique
circumstances of energy development on Indian
land.''.
(d) Office of Indian Energy Policy and Programs.--Section 217 of
the Department of Energy Organization Act (42 U.S.C. 7144e) is amended
by adding at the end the following:
``(c) Local Partnerships for Technical Assistance.--To the maximum
extent practicable, in providing technical assistance under the
programs of the Office, the Director shall--
``(1) give priority to partnering with State and local
organizations rather than national or other organizations that
do not have comparable local experience, relationships, and
knowledge; and
``(2) with respect to technical assistance provided to
Indian tribes and Native villages (as defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602)),
partner with local and regional organizations.
``(d) Federal Government Grants and Opportunities Liaison for
Indian Tribes and Alaska Natives.--To the maximum extent practicable,
in providing technical assistance under the programs of the Office, the
Director shall designate appropriate staff to serve as a liaison to
Indian tribes and Native villages (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)) to ensure that
Indian tribes and Native villages are aware of relevant grants and
funding opportunities across all Federal agencies.
``(e) Indian Energy in the Arctic Strategy.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Tribal Energy Reauthorization Act, the
Director shall develop, and submit to Congress a report
describing, a strategy, to be known as the `Indian Energy in
the Arctic Strategy'.
``(2) Requirements.--The strategy developed under paragraph
(1) shall--
``(A) apply through calendar year 2030;
``(B) include recommendations for how best to
prepare Indian communities in the Arctic for energy
challenges relating to climate change;
``(C) plan for how the Office can best assist
Indian communities in the Arctic with the mission of
the Office to drive down energy prices for those
communities, while anticipating the effects of a
changing Arctic as the climate changes; and
``(D) build on, and incorporate as appropriate, the
report by the Office entitled `National Strategy for
the Arctic Region (NSAR)-Ten Year Renewable Energy
Plan' and dated April 2015.''.
Calendar No. 612
116th CONGRESS
2d Session
S. 2610
[Report No. 116-310]
_______________________________________________________________________
A BILL
To reauthorize certain programs under the Office of Indian Energy
Policy and Programs of the Department of Energy, and for other
purposes.
_______________________________________________________________________
December 10, 2020
Reported with an amendment
Tribal Energy Reauthorization Act
#2610 | S Congress #116
Policy Area: Native Americans
Subjects: Administrative law and regulatory proceduresAir qualityAlaska Natives and HawaiiansArctic and polar regionsClimate change and greenhouse gasesCongressional oversightDepartment of EnergyElectric power generation and transmissionEnergy efficiency and conservationEnergy pricesEnergy storage, supplies, demandFederal-Indian relationsGovernment lending and loan guaranteesIndian lands and resources rightsIndian social and development programsPublic utilities and utility rates
Last Action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 612. (12/10/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text