[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