25 U.S.C. § 3502 : US Code - Section 3502: Indian tribal energy resource development

Search 25 U.S.C. § 3502 : US Code - Section 3502: Indian tribal energy resource development

(a) Department of the Interior program
(1) To assist Indian tribes in the development of energy
resources and further the goal of Indian self-determination, the
Secretary shall establish and implement an Indian energy resource
development program to assist consenting Indian tribes and tribal
energy resource development organizations in achieving the purposes
of this chapter.
(2) In carrying out the Program, the Secretary shall -
(A) provide development grants to Indian tribes and tribal
energy resource development organizations for use in developing
or obtaining the managerial and technical capacity needed to
develop energy resources on Indian land, and to properly account
for resulting energy production and revenues;
(B) provide grants to Indian tribes and tribal energy resource
development organizations for use in carrying out projects to
promote the integration of energy resources, and to process, use,
or develop those energy resources, on Indian land;
(C) provide low-interest loans to Indian tribes and tribal
energy resource development organizations for use in the
promotion of energy resource development on Indian land and
integration of energy resources; and
(D) provide grants and technical assistance to an appropriate
tribal environmental organization, as determined by the
Secretary, that represents multiple Indian tribes to establish a
national resource center to develop tribal capacity to establish
and carry out tribal environmental programs in support of energy-
related programs and activities under this chapter, including -
(i) training programs for tribal environmental officials,
program managers, and other governmental representatives;
(ii) the development of model environmental policies and
tribal laws, including tribal environmental review codes, and
the creation and maintenance of a clearinghouse of best
environmental management practices; and
(iii) recommended standards for reviewing the implementation
of tribal environmental laws and policies within tribal
judicial or other tribal appeals systems.
(3) There are authorized to be appropriated to carry out this
subsection such sums as are necessary for each of fiscal years 2006
through 2016.
(b) Department of Energy Indian energy education planning and
management assistance program
(1) The Director shall establish programs to assist consenting
Indian tribes in meeting energy education, research and
development, planning, and management needs.
(2) In carrying out this subsection, the Director may provide
grants, on a competitive basis, to an Indian tribe or tribal energy
resource development organization for use in carrying out -
(A) energy, energy efficiency, and energy conservation
programs;
(B) studies and other activities supporting tribal acquisitions
of energy supplies, services, and facilities, including the
creation of tribal utilities to assist in securing electricity to
promote electrification of homes and businesses on Indian land;
(C) planning, construction, development, operation,
maintenance, and improvement of tribal electrical generation,
transmission, and distribution facilities located on Indian land;
and
(D) development, construction, and interconnection of electric
power transmission facilities located on Indian land with other
electric transmission facilities.
(3)(A) The Director shall develop a program to support and
implement research projects that provide Indian tribes with
opportunities to participate in carbon sequestration practices on
Indian land, including -
(i) geologic sequestration;
(ii) forest sequestration;
(iii) agricultural sequestration; and
(iv) any other sequestration opportunities the Director
considers to be appropriate.
(B) The activities carried out under subparagraph (A) shall be -
(i) coordinated with other carbon sequestration research and
development programs conducted by the Secretary of Energy;
(ii) conducted to determine methods consistent with existing
standardized measurement protocols to account and report the
quantity of carbon dioxide or other greenhouse gases sequestered
in projects that may be implemented on Indian land; and
(iii) reviewed periodically to collect and distribute to Indian
tribes information on carbon sequestration practices that will
increase the sequestration of carbon without threatening the
social and economic well-being of Indian tribes.
(4)(A) The Director, in consultation with Indian tribes, may
develop a formula for providing grants under this subsection.
(B) In providing a grant under this subsection, the Director
shall give priority to any application received from an Indian
tribe with inadequate electric service (as determined by the
Director).
(C) In providing a grant under this subsection for an activity to
provide, or expand the provision of, electricity on Indian land,
the Director shall encourage cooperative arrangements between
Indian tribes and utilities that provide service to Indian tribes,
as the Director determines to be appropriate.
(5) The Secretary of Energy may issue such regulations as the
Secretary determines to be necessary to carry out this subsection.
(6) There is authorized to be appropriated to carry out this
subsection $20,000,000 for each of fiscal years 2006 through 2016.
(c) Department of Energy loan guarantee program
(1) Subject to paragraphs (2) and (4), the Secretary of Energy
may provide loan guarantees (as defined in section 661a of title 2)
for an amount equal to not more than 90 percent of the unpaid
principal and interest due on any loan made to an Indian tribe for
energy development.
(2) In providing a loan guarantee under this subsection for an
activity to provide, or expand the provision of, electricity on
Indian land, the Secretary of Energy shall encourage cooperative
arrangements between Indian tribes and utilities that provide
service to Indian tribes, as the Secretary determines to be
appropriate.
(3) A loan guarantee under this subsection shall be made by -
(A) a financial institution subject to examination by the
Secretary of Energy; or
(B) an Indian tribe, from funds of the Indian tribe.
(4) The aggregate outstanding amount guaranteed by the Secretary
of Energy at any time under this subsection shall not exceed
$2,000,000,000.
(5) The Secretary of Energy may issue such regulations as the
Secretary of Energy determines are necessary to carry out this
subsection.
(6) There are authorized to be appropriated such sums as are
necessary to carry out this subsection, to remain available until
expended.
(7) Not later than 1 year after August 8, 2005, the Secretary of
Energy shall submit to Congress a report on the financing
requirements of Indian tribes for energy development on Indian
land.
(d) Preference
(1) In purchasing electricity or any other energy product or
byproduct, a Federal agency or department may give preference to an
energy and resource production enterprise, partnership, consortium,
corporation, or other type of business organization the majority of
the interest in which is owned and controlled by 1 or more Indian
tribes.
(2) In carrying out this subsection, a Federal agency or
department shall not -
(A) pay more than the prevailing market price for an energy
product or byproduct; or
(B) obtain less than prevailing market terms and conditions.