Tribal Energy Reauthorization Act

II 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 In- dian 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 En- ergy, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Tribal Energy Reau- 4 thorization Act’’. 5 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 2610 RS SEC. 2. INDIAN ENERGY. 1 (a) DEFINITIONS.—Section 2601 of the Energy Pol- 2 icy Act of 1992 (25 U.S.C. 3501) is amended— 3 (1) in paragraph (4)— 4 (A) in subparagraph (A), by striking ‘‘25 5 U.S.C. 450b’’ and inserting ‘‘25 U.S.C. 5304’’; 6 and 7 (B) in subparagraph (B), by striking 8 ‘‘paragraph (12) and’’; 9 (2) by redesignating paragraphs (6) through 10 (13) as paragraphs (7) through (14), respectively; 11 (3) by inserting after paragraph (5) the fol- 12 lowing: 13 ‘‘(6) NATIVE.—The term ‘Native’ has the 14 meaning given the term in section 3 of the Alaska 15 Native Claims Settlement Act (43 U.S.C. 1602).’’; 16 (4) in paragraph (13) (as so redesignated)— 17 (A) in subparagraph (A), by striking 18 ‘‘and’’ at the end; 19 (B) in subparagraph (B), by striking the 20 period at the end and inserting a semicolon; 21 and 22 (C) by adding at the end the following: 23 ‘‘(C) the Tribally designated housing entity 24 for an Indian tribe that would benefit from a 25 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 2610 RS grant, loan, or other assistance provided under 1 section 2602; and 2 ‘‘(D) a nonprofit electric utility cooperative 3 that— 4 ‘‘(i) serves a population of which more 5 than 50 percent are members of an Indian 6 tribe or Natives; and 7 ‘‘(ii) has a governing body controlled 8 by members of an Indian tribe or Natives 9 that would benefit from a grant, loan, or 10 other assistance provided under this title.’’; 11 and 12 (5) by adding at the end the following: 13 ‘‘(15) TRIBALLY DESIGNATED HOUSING ENTI- 14 TY.—The term ‘Tribally designated housing entity’ 15 has the meaning given the term ‘tribally designated 16 housing entity’ in section 4 of the Native American 17 Housing Assistance and Self-Determination Act of 18 1996 (25 U.S.C. 4103).’’. 19 (b) DEPARTMENT OF ENERGY INDIAN ENERGY EDU- 20 CATION PLANNING AND MANAGEMENT ASSISTANCE PRO- 21 GRAM.—Section 2602(b) of the Energy Policy Act of 1992 22 (25 U.S.C. 3502(b)) is amended— 23 (1) in paragraph (1), by inserting ‘‘and tribal 24 energy development organizations’’ after ‘‘tribes’’; 25 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 2610 RS (2) in paragraph (2)— 1 (A) by redesignating subparagraphs (A) 2 through (E) as subclauses (I) through (V), re- 3 spectively, and indenting appropriately; 4 (B) in the matter preceding subclause (I) 5 (as so redesignated), by striking ‘‘organization 6 for’’ and inserting the following: ‘‘organiza- 7 tion— 8 ‘‘(i) that furthers programs described 9 in paragraphs (1) through (4) of section 10 217(b) of the Department of Energy Orga- 11 nization Act (42 U.S.C. 7144e(b)); and 12 ‘‘(ii) for’’; and 13 (C) in clause (ii) (as so designated)— 14 (i) in subclause (II) (as so redesig- 15 nated), by striking ‘‘on Indian land’’ and 16 inserting ‘‘owned or occupied by an Indian 17 tribe, a member of an Indian tribe, or a 18 Native’’; 19 (ii) in subclause (IV) (as so redesig- 20 nated), by striking ‘‘located on Indian 21 land’’ and inserting the following: ‘‘that— 22 ‘‘(aa) are located on Indian 23 land; or 24 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 2610 RS ‘‘(bb) primarily serve homes 1 of members of an Indian tribe or 2 Natives that are located on In- 3 dian land or acquired, con- 4 structed, or improved wholly or 5 partially with Federal funds’’; 6 and 7 (iii) in subclause (V) (as so redesig- 8 nated), by striking ‘‘located on Indian 9 land’’ and inserting ‘‘that satisfy item (aa) 10 or (bb) of subclause (IV)’’; 11 (D) by striking ‘‘(2) In carrying out’’ and 12 inserting the following: 13 ‘‘(2) GRANTS AUTHORIZED.— 14 ‘‘(A) IN GENERAL.—In carrying out’’; and 15 (E) by adding at the end the following: 16 ‘‘(B) COST-SHARING.— 17 ‘‘(i) IN GENERAL.—In determining 18 any cost-share requirements for an Indian 19 tribe, intertribal organization, or tribal en- 20 ergy development organization that is ap- 21 plying for a grant under subparagraph (A), 22 the Director shall— 23 ‘‘(I) take into consideration the 24 fiscal ability of the Indian tribe, inter- 25 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 2610 RS tribal organization, or tribal energy 1 development organization to meet a 2 cost-share requirement; and 3 ‘‘(II) if appropriate, offer flexi- 4 bility in the grant application process 5 with respect to the amount of cost- 6 sharing to be required. 7 ‘‘(ii) NONAPPLICABILITY OF CERTAIN 8 REQUIREMENTS.—Section 988 of the En- 9 ergy Policy Act of 2005 (42 U.S.C. 16352) 10 shall not apply to grants awarded under 11 this paragraph.’’; 12 (3) in paragraph (5)— 13 (A) in subparagraph (B), by inserting ‘‘or 14 tribal energy development organization’’ after 15 ‘‘tribe’’; and 16 (B) by striking subparagraph (C) and in- 17 serting the following: 18 ‘‘(C) GRANTS FOR PROVIDING OR EXPAND- 19 ING PROVISION OF ELECTRICITY.— 20 ‘‘(i) IN GENERAL.—In providing a 21 grant under this subsection for an activity 22 described in clause (ii), the Director shall 23 encourage cooperative arrangements be- 24 tween Indian tribes, tribal energy develop- 25 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 2610 RS ment organizations, and utilities that pro- 1 vide service to Indian tribes, as the Direc- 2 tor determines to be appropriate. 3 ‘‘(ii) ACTIVITY DESCRIBED.—An ac- 4 tivity referred to in clause (i) is an activity 5 to provide, or to expand the provision of, 6 electricity primarily to— 7 ‘‘(I) Indian land; or 8 ‘‘(II) homes of members of an In- 9 dian tribe or Natives that are located 10 on Indian land or are acquired, con- 11 structed, or improved wholly or par- 12 tially with Federal funds.’’; and 13 (4) in paragraph (7), by striking ‘‘$20,000,000 14 for each of fiscal years 2006 through 2016’’ and in- 15 serting ‘‘$50,000,000 for each of fiscal years 2020 16 through 2030’’. 17 (c) DEPARTMENT OF ENERGY LOAN GUARANTEE 18 PROGRAM.—Section 2602(c) of the Energy Policy Act of 19 1992 (25 U.S.C. 3502(c)) is amended by striking para- 20 graph (6) and inserting the following: 21 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 22 There is authorized to be appropriated to carry out 23 this subsection $30,000,000 for each of fiscal years 24 2020 through 2030.’’. 25 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 2610 RS (d) OFFICE OF INDIAN ENERGY POLICY AND PRO- 1 GRAMS.—Section 217 of the Department of Energy Orga- 2 nization Act (42 U.S.C. 7144e) is amended by adding at 3 the end the following: 4 ‘‘(c) LOCAL PARTNERSHIPS FOR TECHNICAL ASSIST- 5 ANCE.—To the maximum extent practicable, in providing 6 technical assistance under the programs of the Office, the 7 Director shall— 8 ‘‘(1) give priority to partnering with State and 9 local organizations rather than national or other or- 10 ganizations that do not have comparable local expe- 11 rience, relationships, and knowledge; and 12 ‘‘(2) with respect to technical assistance pro- 13 vided to Indian tribes and Native villages (as defined 14 in section 3 of the Alaska Native Claims Settlement 15 Act (43 U.S.C. 1602)), partner with local and re- 16 gional organizations. 17 ‘‘(d) FEDERAL GOVERNMENT GRANTS AND OPPOR- 18 TUNITIES LIAISON FOR INDIAN TRIBES AND ALASKA NA- 19 TIVES.—To the maximum extent practicable, in providing 20 technical assistance under the programs of the Office, the 21 Director shall designate appropriate staff to serve as a li- 22 aison to Indian tribes and Native villages (as defined in 23 section 3 of the Alaska Native Claims Settlement Act (43 24 U.S.C. 1602)) to ensure that Indian tribes and Native vil- 25 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 2610 RS lages are aware of relevant grants and funding opportuni- 1 ties across all Federal agencies. 2 ‘‘(e) INDIAN ENERGY IN THE ARCTIC STRATEGY.— 3 ‘‘(1) IN GENERAL.—Not later than 180 days 4 after the date of enactment of the Tribal Energy Re- 5 authorization Act, the Director shall develop, and 6 submit to Congress a report describing, a strategy, 7 to be known as the ‘Indian Energy in the Arctic 8 Strategy’. 9 ‘‘(2) REQUIREMENTS.—The strategy developed 10 under paragraph (1) shall— 11 ‘‘(A) apply through calendar year 2030; 12 ‘‘(B) include recommendations for how 13 best to prepare Indian communities in the Arc- 14 tic for energy challenges relating to climate 15 change; 16 ‘‘(C) plan for how the Office can best as- 17 sist Indian communities in the Arctic with the 18 mission of the Office to drive down energy 19 prices for those communities, while anticipating 20 the effects of a changing Arctic as the climate 21 changes; and 22 ‘‘(D) build on, and incorporate as appro- 23 priate, the report by the Office entitled ‘Na- 24 tional Strategy for the Arctic Region (NSAR)– 25 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 2610 RS Ten Year Renewable Energy Plan’ and dated 1 April 2015.’’. 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Tribal Energy Reauthor- 4 ization Act’’. 5 SEC. 2. INDIAN ENERGY. 6 (a) DEFINITIONS.—Section 2601 of the Energy Policy 7 Act of 1992 (25 U.S.C. 3501) is amended— 8 (1) in paragraph (2)(C), by adding before the 9 period at the end the following: ‘‘, or that is located 10 in an Alaska Native Village Statistical Area, as deter- 11 mined by the Bureau of the Census’’; 12 (2) in paragraph (4)— 13 (A) in subparagraph (A), by striking ‘‘25 14 U.S.C. 450b’’ and inserting ‘‘25 U.S.C. 5304’’; 15 and 16 (B) in subparagraph (B), by striking 17 ‘‘paragraph (12) and’’; 18 (3) by redesignating paragraphs (6) through (13) 19 as paragraphs (7) through (14), respectively; 20 (4) by inserting after paragraph (5) the fol- 21 lowing: 22 ‘‘(6) NATIVE.—The term ‘Native’ has the mean- 23 ing given the term in section 3 of the Alaska Native 24 Claims Settlement Act (43 U.S.C. 1602).’’; 25 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 2610 RS (5) in paragraph (13) (as so redesignated)— 1 (A) in subparagraph (A), by striking ‘‘and’’ 2 at the end; 3 (B) in subparagraph (B), by striking the 4 period at the end and inserting a semicolon; and 5 (C) by adding at the end the following: 6 ‘‘(C) the Tribally designated housing entity 7 for an Indian tribe that would benefit from a 8 grant, loan, or other assistance provided under 9 section 2602; and 10 ‘‘(D) a nonprofit electric utility cooperative 11 that— 12 ‘‘(i) serves a population of which more 13 than 50 percent are members of an Indian 14 tribe or Natives; and 15 ‘‘(ii) has a governing body controlled 16 by members of an Indian tribe or Natives 17 that would benefit from a grant, loan, or 18 other assistance provided under this title.’’; 19 and 20 (6) by adding at the end the following: 21 ‘‘(15) TRIBALLY DESIGNATED HOUSING ENTI- 22 TY.—The term ‘Tribally designated housing entity’ 23 has the meaning given the term ‘tribally designated 24 housing entity’ in section 4 of the Native American 25 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 2610 RS Housing Assistance and Self-Determination Act of 1 1996 (25 U.S.C. 4103).’’. 2 (b) DEPARTMENT OF ENERGY INDIAN ENERGY EDU- 3 CATION PLANNING AND MANAGEMENT ASSISTANCE PRO- 4 GRAM.—Section 2602(b) of the Energy Policy Act of 1992 5 (25 U.S.C. 3502(b)) is amended— 6 (1) in paragraph (1), by inserting ‘‘and tribal 7 energy development organizations’’ after ‘‘tribes’’; 8 (2) in paragraph (2)— 9 (A) by redesignating subparagraphs (A) 10 through (E) as subclauses (I) through (V), re- 11 spectively, and indenting appropriately; 12 (B) in the matter preceding subclause (I) 13 (as so redesignated), by striking ‘‘organization 14 for’’ and inserting the following: ‘‘organization— 15 ‘‘(i) that furthers programs described 16 in paragraphs (1) through (4) of section 17 217(b) of the Department of Energy Orga- 18 nization Act (42 U.S.C. 7144e(b)); and 19 ‘‘(ii) for’’; and 20 (C) in clause (ii) (as so designated)— 21 (i) in subclause (II) (as so redesig- 22 nated), by striking ‘‘on Indian land’’ and 23 inserting ‘‘owned or occupied by an Indian 24 VerDate Sep 11 2014 00:11 Dec 11, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S2610.RS S2610 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 2610 RS tribe, a member of an Indian tribe, or a 1 Native’’; 2 (ii) in subclause (IV) (as so redesig- 3 nated), by striking ‘‘located on Indian 4 land’’ and inserting the following: ‘‘that— 5 ‘‘(aa) are located on Indian 6 land; or 7 ‘‘(bb) primarily serve homes 8 of members of an Indian tribe or 9 Natives that are located on Indian 10 land or acquired, constructed, or 11 improved wholly or partially with 12 Federal funds’’; and 13 (iii) in subclause (V) (as so redesig- 14 nated), by striking ‘‘located on Indian 15 land’’ and inserting ‘‘that satisfy item (aa) 16 or (bb) of subcl [Text truncated for display. 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