[Congressional Record Volume 166, Number 208 (Wednesday, December 9, 2020)]
[House]
[Pages H7068-H7071]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            TRIBAL POWER ACT

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5541) to amend the Energy Policy Act of 1992 to reauthorize 
programs to assist consenting Indian Tribes in meeting energy 
education, planning, and management needs, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5541

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Tribal Power Act''.

[[Page H7069]]

  


     SEC. 2. INDIAN ENERGY.

       (a) Definition of Indian Land.--Section 2601(2) of the 
     Energy Policy Act of 1992 (25 U.S.C. 3501(2)) is amended--
       (1) in subparagraph (B)(iii), by striking ``and'';
       (2) in subparagraph (C), by striking ``land.'' and 
     inserting ``land;''; and
       (3) by adding at the end the following subparagraphs:
       ``(D) any land located in a census tract in which the 
     majority of residents are Natives (as defined in section 3(b) 
     of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1602(b))); and
       ``(E) any land located in a census tract in which the 
     majority of residents are persons who are enrolled members of 
     a federally recognized Tribe or village.''.
       (b) Reduction of Cost Share.--Section 2602(b)(5) of the 
     Energy Policy Act of 1992 (25 U.S.C. 3502(b)(5)) is amended 
     by adding at the end the following subparagraphs:
       ``(D) The Secretary of Energy may reduce any applicable 
     cost share required of an Indian tribe, intertribal 
     organization, or tribal energy development organization in 
     order to receive a grant under this subsection to not less 
     than 10 percent if the Indian tribe, intertribal 
     organization, or tribal energy development organization meets 
     criteria developed by the Secretary of Energy, including 
     financial need.
       ``(E) Section 988 of the Energy Policy Act of 2005 (42 
     U.S.C. 16352) shall not apply to assistance provided under 
     this subsection.''.
       (c) Authorization.--Section 2602(b)(7) of the Energy Policy 
     Act of 1992 (25 U.S.C. 3502(b)(7)) is amended by striking 
     ``$20,000,000 for each of fiscal years 2006 through 2016'' 
     and inserting ``$30,000,000 for each of fiscal years 2021 
     through 2025''.

     SEC. 3. REPORT ON ELECTRICITY ACCESS AND RELIABILITY.

       (a) Assessment.--The Secretary of Energy shall conduct an 
     assessment of the status of access to electricity by 
     households residing in Tribal communities or on Indian land, 
     and the reliability of electric service available to 
     households residing in Tribal communities or on Indian land, 
     as compared to the status of access to and reliability of 
     electricity within neighboring States or within the State in 
     which Indian land is located.
       (b) Consultation.--The Secretary of Energy shall consult 
     with Indian Tribes, Tribal organizations, the North American 
     Electricity Reliability Corporation, and the Federal Energy 
     Regulatory Commission in the development and conduct of the 
     assessment under subsection (a). Indian Tribes and Tribal 
     organizations shall have the opportunity to review and make 
     recommendations regarding the development of the assessment 
     and the findings of the assessment, prior to the submission 
     of the report under subsection (c).
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on the results of the 
     assessment conducted under subsection (a), which shall 
     include--
       (1) a description of generation, transmission, and 
     distribution assets available to provide electricity to 
     households residing in Tribal communities or on Indian land;
       (2) a survey of the retail and wholesale prices of 
     electricity available to households residing in Tribal 
     communities or on Indian land;
       (3) a description of participation of Tribal members in the 
     electric utility workforce, including the workforce for 
     construction and maintenance of renewable energy resources 
     and distributed energy resources;
       (4) the percentage of households residing in Tribal 
     communities or on Indian land that do not have access to 
     electricity;
       (5) the potential of distributed energy resources to 
     provide electricity to households residing in Tribal 
     communities or on Indian land;
       (6) the potential for tribally-owned electric utilities or 
     electric utility assets to participate in or benefit from 
     regional electricity markets;
       (7) a description of the barriers to providing access to 
     electric service to households residing in Tribal communities 
     or on Indian land; and
       (8) recommendations to improve access to and reliability of 
     electric service for households residing in Tribal 
     communities or on Indian land.
       (d) Definitions.--In this section:
       (1) Tribal member.--The term ``Tribal member'' means a 
     person who is an enrolled member of a federally recognized 
     Tribe or village.
       (2) Tribal community.--The term ``Tribal community'' means 
     a community in a United States census tract in which the 
     majority of residents are persons who are enrolled members of 
     a federally recognized Tribe or village.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Oregon (Mr. Walden) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 5541.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 5541, the Tribal Power 
Act. This is a bipartisan bill that was introduced by Representative 
O'Halleran from Arizona and Representative Mullin from Oklahoma, both 
members of the Energy and Commerce Committee.
  This important legislation addresses some of the urgent energy needs 
of Tribal communities by improving access to energy sources that are 
affordable and reliable.
  H.R. 5541 reauthorizes the Department of Energy's Office of Indian 
Energy and reauthorizes programs to assist Indian Tribes in meeting 
energy education, planning, and management needs.
  Mr. Speaker, we must work with Tribal Governments to ensure the 
members of Tribal Nations have access to affordable, reliable energy. 
We have made some strong bipartisan strides on these matters during 
this Congress, including this bill before us today.
  As we prepare for the upcoming Congress, I am committed to working 
with the Energy and Commerce Subcommittee Chairman Rush and my 
colleagues on both sides of the aisle to do even more to help Native 
American communities on these matters in the 117th Congress.
  I thank the sponsors of this bill for their continued work and 
leadership on Tribal issues. I also thank House Natural Resources 
Committee Chairman Grijalva, a champion of Native American priorities, 
for his support which was crucial to bringing this bill to the floor 
today.
  This is an important bipartisan bill that deserves to become law. I 
urge my colleagues to join me in supporting passage, and I reserve the 
balance of my time.
                                         House of Representatives,


                               Committee on Natural Resources,

                                 Washington, DC, December 7, 2020.
     Hon. Frank Pallone Jr.,
     Chair, Committee on Energy and Commerce, House of 
         Representatives, Washington, DC.
       Dear Chair Pallone: In recognition of the goal of 
     expediting consideration of H.R. 5541, the ``Tribal Power 
     Act,'' the Committee on Natural Resources agrees to waive 
     formal consideration of the bill as to provisions that fall 
     within the Rule X jurisdiction of the Committee on Natural 
     Resources.
       The Committee on Natural Resources takes this action with 
     the mutual understanding that, in doing so, we do not waive 
     any jurisdiction over the subject matter contained in this or 
     similar legislation, and that the Committee will be 
     appropriately consulted and involved as the bill or similar 
     legislation moves forward so that we may address any 
     remaining issues within our jurisdiction. Our Committee also 
     reserves the right to seek appointment of conferees to any 
     House-Senate conference involving this or similar 
     legislation.
       Thank you for agreeing to include our exchange of letters 
     in the Congressional Record. I appreciate your cooperation 
     regarding this legislation and look forward to continuing to 
     work with you as this measure moves through the legislative 
     process.
           Sincerely,

                                             Raul M. Grijalva,

                                                            Chair,
     House Natural Resources Committee.
                                  ____

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                 Washington, DC, December 8, 2020.
     Hon. Raul M. Grijalva,
     Chairman, Committee on Natural Resources, Washington, DC.
       Dear Chairman Grijalva: Thank you for consulting with the 
     Committee on Energy and Commerce and agreeing to discharge 
     H.R. 5541, the Tribal Power Act, from further consideration, 
     so that the bill may proceed expeditiously to the House 
     floor.
       I agree that your forgoing further action on this measure 
     does not in any way diminish or alter the jurisdiction of 
     your committee or prejudice its jurisdictional prerogatives 
     on this measure or similar legislation in the future. I would 
     support your effort to seek appointment of an appropriate 
     number of conferees from your committee to any House-Senate 
     conference on this legislation.
       I will ensure our letters on H.R. 5541 are entered into the 
     Congressional Record during floor consideration of the bill. 
     I appreciate your cooperation regarding this legislation and 
     look forward to continuing to work together as this measure 
     moves through the legislative process.
           Sincerely,
                                               Frank Pallone, Jr.,
                                                         Chairman.
  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 5541, the Tribal Power Act.
  This legislation was introduced by my colleagues on the Energy and 
Commerce Committee, Representatives O'Halleran and Mullin, and it does 
strengthen the Department of Energy's Tribal Energy Program, which is 
really important to do. This bill went through regular order in the 
committee and passed out of the full committee by a voice vote.

[[Page H7070]]

  H.R. 5541 updates and reauthorizes programs at the Department of 
Energy to provide funding and technical assistance to Tribal 
Governments and organizations so that they can carry out projects that 
would expand access to energy and provide jobs and economic development 
on Indian lands.

                              {time}  1315

  American Indian and Alaska Native communities continue to struggle 
with energy affordability and access in many cases. Households on some 
Tribal lands also have higher rates of unemployment and lower incomes, 
meaning it may not be feasible to increase electricity rates to 
energize homes that are not currently connected to the electric grid. 
As a result, communities often rely on relatively expensive diesel 
microgrids and generators to power homes and businesses.
  H.R. 5541 would help improve energy security and affordability on 
Indian lands by reauthorizing important government programs, and it 
would remove some barriers to providing access to electric service and 
recommends ways to improve energy education, planning, and management.
  Mr. Speaker, I urge my colleagues to join me in supporting H.R. 5541, 
and I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I have no additional speakers on this side, 
and I reserve the balance of my time.
  Mr. WALDEN. Mr. Speaker, I yield 3 minutes to the gentleman from 
Oklahoma (Mr. Mullin). It is a great honor and privilege to recognize 
Mr. Mullin, a Tribal member, an incredibly important member of our 
committee who has given great voice to people who need help, and a 
cosponsor of this legislation.
  Mr. MULLIN. Mr. Speaker, today I rise in support of H.R. 5541, the 
Tribal Power Act.
  As the only Native American that serves on the Energy and Commerce 
Committee and one who has lived in Indian Country my entire life, this 
bill is extremely important to Tribes. It can strategically help us 
receive capital that we need to become energy efficient and enhance our 
energy infrastructure.
  I have long been a supporter of the economic benefits American energy 
brings to our communities. As sovereign nations, Tribes should have the 
ability to choose and deploy this kind of energy and the best kind of 
energy that works for them. I am proud to be a colead in this very 
important issue.
  Now, with the remainder of my time, Mr. Speaker, I would like to take 
a second and recognize our good leader and a friend that we are going 
to lose here in Chairman Walden.
  Our committee is better because of your leadership. Anybody who can 
put up with my attitude and my great personality and still stay calm 
and effectively lead our committee, I just want to tell you that shows 
a good leader. It shows somebody I would love to follow and someone I 
have enjoyed being able to follow.
  Since my time in Congress, you have been a friend and a mentor, one 
that I can always count on to give the right advice--not necessarily 
something I always wanted to hear, but the right advice. And, as I said 
before, that is the character of a good leader.
  So, for your 22 years of service, and as someone who only got to 
serve with you for 8 of those years, it has been a great honor, and you 
will be missed.
  Mr. PALLONE. Mr. Speaker, I have no additional speakers, but I do 
want to say that I never thought that Mr. Mullin had a bad attitude.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WALDEN. Mr. Speaker, I thank the gentleman from Oklahoma (Mr. 
Mullin), my friend, for his very generous, over-the-top words. We have 
had a great working relationship. He is a fierce fighter for the causes 
he believes in and has been a terrific legislator and will continue to 
blossom and grow on the Energy and Commerce Committee, I have no doubt. 
The country will be better served. Indian Country has few stronger 
voices than his, and none stronger on the Energy and Commerce 
Committee, I would say.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Louisiana (Mr. Scalise), my good friend, the distinguished 
Republican whip of the House and an incredibly important member of the 
Energy and Commerce Committee who always came prepared, always did 
great work, and always presented us with his brick phone.
  Mr. SCALISE. Mr. Speaker, I want to first thank my friend, the 
gentleman from Oklahoma (Mr. Mullin), for bringing this legislation, 
the Tribal Power Act. It is an important piece of legislation to help 
those Tribal communities. He does, as the gentleman from Oregon (Mr. 
Walden) said, provide great leadership for Tribal issues, and this is 
surely one I am sure we will work with.
  Mr. Speaker, I thank the chairman of the Energy and Commerce 
Committee, Mr. Pallone, for bringing this as well.
  Now, with my time, Mr. Speaker, and you may want to cut it short if 
this turns into a roast, my friend from Oregon is, as Mr. Mullin said, 
departing at the end of this Congress.
  I am not sure why you would want to leave after 22 years in Congress, 
but you have surely earned the right.
  I got to know Mr. Walden when I was a freshman coming onto the Energy 
and Commerce Committee back in 2009 in my first year in Congress.
  When you look at the dais now, it has surely changed a lot, but back 
in those days, I would offer, of my own good will, to make coffee for 
Mr. Walden. He was one of those senior members of the committee--
probably more of a junior member, but I was the most junior member. But 
we actually developed a really good friendship.
  As we do around here, we all battle it out on issues. We come up here 
to fight for the things that are important to our districts, important 
to the country from our perspective, and then you find people along the 
way you befriend who have that same perspective, and Mr. Walden has 
been one of those. I have learned a lot from him.
  We have really, I think, achieved so many things on the Energy and 
Commerce Committee, and especially during his time as chairman.
  I just want to mention a few of those areas where he has made this a 
better country, because we can all talk about the things that we want 
to do when we come up here and you would like to work with others, but 
then to be able to look back and see real, tangible achievements that 
make this a better country, it really does pay tribute that your time 
here was well spent. And for Mr. Walden, it surely was, and, you know, 
maybe none more obvious than what we just saw yesterday.

  President Trump had a summit to talk about the rollout of a vaccine 
for COVID-19, a vaccine that came through work that we did in this 
Congress and the CARES Act to give money to the administration so that 
they could focus on finding a vaccine, but then it takes the ability, 
the tools.
  The FDA is the gold standard in the world. The FDA has had problems 
over the years, and this committee, the Energy and Commerce Committee, 
has had to come together to address some of those problems so that FDA 
can continue to be the gold standard that not only ensures that the 
trials go through the proper process, because you don't want a drug to 
come to market that has adverse consequences, but you also don't want 
government to get in the way and slow down the ability for a drug that 
will save lives to go through years and years of bureaucracy, and that 
had been going on.
  When we were able to pass the bill to modernize FDA approval of drugs 
a few years ago when Mr. Walden was chairman, some of those reforms 
actually are what got us to the brink of an FDA-approved vaccine for 
COVID-19, and that will save millions of lives in America and around 
the world. You have seen people like the 90-year-old woman in Great 
Britain who is the first person to get the vaccine. That is from the 
work of what we did here at the FDA.
  FDA is on the verge of approving that vaccine in America, and it will 
also, in addition to saving lives, allow us to reopen our economy 
fully, and I think that is another objective we all have.
  That doesn't happen by accident. It happened because of leadership.
  Again, without your leadership in reforming the FDA, we may be 
waiting years, not months, to get that vaccine to market.
  We had the SUPPORT Act to address the opioid crisis in this country. 
Every community in America had been

[[Page H7071]]

touched by the opioid crisis, and Congress had to take action. Again, 
working, Republicans and Democrats together, under your leadership as 
chairman, we did just that, and there are millions of lives that are 
saved because of that work.
  The FCC modernization and reauthorization, which typically happens, 
but when it was done in 2018, it was named after Ray Baum, who was the 
staffer who ran the Energy and Commerce Committee. I believe you all 
served together in the legislature. Unfortunately, we lost him, and to 
name that important piece of legislation after Ray Baum, I know, was 
not only important to keep the FCC going, but also to pay tribute to 
someone who came up here to do good public service for the country and 
did.
  Finally, the reauthorization was to free up spectrum. This has been a 
challenge for years as we worked to get more spectrum, which has 
improved everybody's lives, to get to a 5G network.
  That work was done, and the leadership of Chairman Walden to get that 
done when even the scorekeepers here said it wouldn't really produce 
anything for the country, well, billions and billions of dollars later 
that this country has to pay down our debt came out of that 
legislation, as well as spectrum to allow us to get to a 5G network, 
spectrum to allow us to build up more rural broadband.
  All of the things that improve people's quality of life happened 
because of the leadership of Chairman Walden, during your time as 
chairman of the committee. You have earned the opportunity to go and 
enjoy the next phase of your life.
  But while you will be missed here, you leave a great legacy where you 
can point to the things you have done that make America a greater 
country, and for that, I thank you. I know all of us join in in 
applauding your time here in this great institution.
  Mr. PALLONE. Mr. Speaker, I reserve the balance of my time.
  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank my dear friend and colleague from the Energy and 
Commerce Committee and the whip, the Republican whip of the House, for 
his overly generous comments, his fine leadership, and the fun we have 
had on the Energy and Commerce Committee. We do have a lot of fun there 
on both sides of the aisle, and then we do wrestle and tumble and we 
work things out, too.
  But Mr. Scalise has always been a real warrior on the committee, an 
incredible fighter for what he believes in, an effective legislator, a 
terrific spokesperson. He has fallen down a little bit, though, I must 
stipulate, in that he has failed to get me coffee in recent years. He 
has been otherwise consumed with other duties, and that will be noted 
in the historical record, I am sure.
  Mr. Speaker, I inquire how much time I have remaining.

  The SPEAKER pro tempore. The gentleman from Oregon has 9\1/2\ minutes 
remaining.
  Mr. WALDEN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Indiana (Mr. Bucshon), whom we are glad to have back on 
the floor and looking well.
  Mr. BUCSHON. Mr. Speaker, I thank the gentleman from Oregon (Mr. 
Walden) for yielding me the time.
  Mr. Speaker, it is an honor and a privilege to call   Greg Walden a 
colleague and friend. His time as chairman of the House Energy and 
Commerce Committee is another chapter of accomplishment and success in 
the committee's storied history.
  As chairman, Greg approached every issue before the committee with 
his eye on achieving results for the American people. That is why we 
are here. He strove to reach across the political divide, because he 
understood, and still does, our work on behalf of the American people 
is far too important to always be derailed by needless partisanship. Of 
course, we will have our squabbles back and forth, but at the end of 
the day, it is about the American people, and Greg understands that.
  From the SUPPORT for Patients and Communities Act to RAY BAUM'S Act, 
as well as too numerous bills signed into law to even list here, Greg's 
leadership of the Energy and Commerce Committee produced important 
legislation that is, today, making a difference in the lives of the 
American people.
  Mr. Speaker, I want to personally thank Greg for taking the time to 
bring me in and ask for my professional medical diagnosis of many major 
healthcare-related issues or other pieces of legislation before the 
committee.
  I know at times we doctors can tell you things you don't want to 
hear--and quit laughing--but Greg always listened intently and worked 
with me to help find a cure, so to speak, or a remedy, and for that, I 
will always be appreciative.
  Greg, your wisdom, charisma, and unflappable leadership will be 
greatly missed in the 117th Congress.
  I wish you and Mylene the best as you both begin this new chapter of 
your lives, and I look forward to continuing to call you friend.

                              {time}  1330

  Mr. PALLONE. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to thank my friend and colleague, the good doctor 
from Indiana. We are so blessed in this institution to have people with 
such incredible backgrounds, intellect, capability, and just the 
overall human experience that they can bring to help us be better 
legislators and develop better policy.
  I think when we listen to each other, when we are challenged in our 
views and our ideas by each other, we end up with a better product for 
the American people, Mr. Speaker.
  Certainly, Dr. Bucshon has been a forceful figure in trying to get to 
better healthcare policy outcomes. I have greatly valued his counsel 
and his leadership, and I know incredible things await him in the next 
Congress and in the years thereafter, where I hope he will continue to 
serve with great distinction, honor, and ability.
  Mr. Speaker, I don't think I have anybody else on our side at this 
time, so I encourage passage of the legislation, the Tribal Power Act, 
and I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I urge support for the legislation and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 5541, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________