[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.
____________________