25 U.S.C. § 3505 : US Code - Section 3505: Federal power marketing administrations

Search 25 U.S.C. § 3505 : US Code - Section 3505: Federal power marketing administrations

(a) Definitions
In this section:
(1) The term "Administrator" means the Administrator of the
Bonneville Power Administration and the Administrator of the
Western Area Power Administration.
(2) The term "power marketing administration" means -
(A) the Bonneville Power Administration;
(B) the Western Area Power Administration; and
(C) any other power administration the power allocation of
which is used by or for the benefit of an Indian tribe located
in the service area of the administration.
(b) Encouragement of Indian tribal energy development
Each Administrator shall encourage Indian tribal energy
development by taking such actions as the Administrators determine
to be appropriate, including administration of programs of the
power marketing administration, in accordance with this section.
(c) Action by Administrators
In carrying out this section, in accordance with laws in
existence on August 8, 2005 -
(1) each Administrator shall consider the unique relationship
that exists between the United States and Indian tribes;
(2) power allocations from the Western Area Power
Administration to Indian tribes may be used to meet firming and
reserve needs of Indian-owned energy projects on Indian land;
(3) the Administrator of the Western Area Power Administration
may purchase non-federally generated power from Indian tribes to
meet the firming and reserve requirements of the Western Area
Power Administration; and
(4) each Administrator shall not -
(A) pay more than the prevailing market price for an energy
product; or
(B) obtain less than prevailing market terms and conditions.
(d) Assistance for transmission system use
(1) An Administrator may provide technical assistance to Indian
tribes seeking to use the high-voltage transmission system for
delivery of electric power.
(2) The costs of technical assistance provided under paragraph
(1) shall be funded -
(A) by the Secretary of Energy using nonreimbursable funds
appropriated for that purpose; or
(B) by any appropriate Indian tribe.
(e) Power allocation study
Not later than 2 years after August 8, 2005, the Secretary of
Energy shall submit to Congress a report that -
(1) describes the use by Indian tribes of Federal power
allocations of the power marketing administration (or power sold
by the Southwestern Power Administration) to or for the benefit
of Indian tribes in a service area of the power marketing
administration; and
(2) identifies -
(A) the quantity of power allocated to, or used for the
benefit of, Indian tribes by the Western Area Power
Administration;
(B) the quantity of power sold to Indian tribes by any other
power marketing administration; and
(C) barriers that impede tribal access to and use of Federal
power, including an assessment of opportunities to remove those
barriers and improve the ability of power marketing
administrations to deliver Federal power.
(f) Authorization of appropriations
There are authorized to be appropriated to carry out this section
$750,000, non-reimbursable, to remain available until expended.