[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4864-S4865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2541. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 1095. DEPARTMENT OF ENERGY TRIBAL ENERGY PROGRAMS.

       (a) Department of Energy Tribal Loan Guarantee Program.--
       (1) In general.--Section 2602(c) of the Energy Policy Act 
     of 1992 (25 U.S.C. 3502(c)) is amended by adding at the end 
     the following:
       ``(8)(A) At the request of an applicant, and subject to 
     subparagraph (B), the Secretary of Energy may use funds 
     appropriated to the Secretary of Energy to carry out 
     financial and technical assessments, and related activities, 
     in connection with applications for loans and loan guarantees 
     under this subsection to support eligible projects, including 
     renewable energy and transmission projects on or near Indian 
     land and eligible projects carried out outside Indian land.
       ``(B) The Secretary of Energy may use not more than 
     $500,000 to carry out financial and technical assessments 
     under subparagraph (A) for any 1 application for a loan or 
     loan guarantee under this subsection.''.
       (2) Denial of double benefit restriction.--
       (A) In general.--Section 50145(a) of Public Law 117-169 
     (136 Stat. 2045) is amended by striking ``, subject to the 
     limitations that apply to loan guarantees under section 
     50141(d)''.
       (B) Additional doe tribal programs.--Section 50141(d)(3) of 
     Public Law 117-169 (136 Stat. 2043) is amended--
       (i) in subparagraph (C), by striking ``or'' at the end;
       (ii) in subparagraph (D), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(E) projects carried out by an Indian Tribe on or near 
     Indian land or outside Indian land.''.
       (b) Preventing Outages and Enhancing the Resilience of the 
     Electric Grid.--Section 40101 of the Infrastructure 
     Investment and Jobs Act (42 U.S.C. 18711) is amended--
       (1) in subsection (d)--
       (A) in paragraph (2)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--For each fiscal year, to be eligible to 
     receive a grant under this subsection--
       ``(i) a State shall submit to the Secretary an application 
     that includes a plan described in subparagraph (B); and
       ``(ii) an Indian Tribe shall submit to the Secretary an 
     application, which shall include--

[[Page S4865]]

       ``(I) a plan that describes how the Indian Tribe will use 
     the proposed funding for projects if the Indian Tribe will be 
     executing the projects; or
       ``(II) a plan described in subparagraph (B), if the Indian 
     Tribe intends to award grants to eligible entities with 
     amounts made available to the Indian Tribe under this 
     subsection.''; and

       (ii) in subparagraph (B)--

       (I) in the subparagraph heading, by striking ``required'' 
     and inserting ``described'';
       (II) in the matter preceding clause (i), by inserting ``, 
     as applicable,'' after ``Indian Tribe''; and
       (III) in clause (iii), by inserting ``, as applicable'' 
     after ``Indian Tribe'';

       (B) by striking paragraph (4) and inserting the following:
       ``(4) Oversight.--The Secretary shall ensure that each 
     grant provided to a State or an Indian Tribe, if the Indian 
     Tribe intends to award grants to eligible entities with those 
     grants funds, under the program is allocated pursuant to the 
     applicable plan of the State or Indian Tribe, as 
     applicable.'';
       (C) in paragraph (5), by inserting ``, as applicable,'' 
     after ``made available to the applicable State or Indian 
     Tribe'';
       (D) in paragraph (6), by inserting ``, as applicable,'' 
     after ``made available to the State or Indian Tribe'';
       (E) in paragraph (7), in the matter preceding subparagraph 
     (A), by striking ``or Indian Tribe'' each place it appears;
       (F) in paragraph (8)--
       (i) by striking ``and Indian Tribe''; and
       (ii) by striking ``or Indian Tribe''; and
       (G) by adding at the end the following:
       ``(9) Savings provision.--Nothing in this subsection 
     requires an Indian Tribe to award grants to eligible entities 
     described in any of subparagraphs (A) through (F) of 
     subsection (a)(2) with amounts made available to the Indian 
     Tribe under this subsection.'';
       (2) in subsection (e)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``Indian Tribe or'' before ``eligible entity''; and
       (ii) in subparagraph (H)--

       (I) in clause (i), by striking ``and'' at the end;
       (II) in clause (ii), by adding ``and'' at the end; and
       (III) by adding at the end the following:

       ``(iii) distributed generation;''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by inserting 
     ``Indian Tribe or'' before ``eligible entity''; and
       (II) in clause (i)(I), by inserting ``transmission system-
     connected'' before ``electric generating''; and

       (ii) in subparagraph (B)--

       (I) in clause (i), by inserting ``Indian Tribe or'' before 
     ``eligible entity''; and
       (II) in clause (ii), by inserting ``Indian Tribe or'' 
     before ``eligible entity''; and

       (3) in subsection (h)--
       (A) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (B) by adding at the end the following:
       ``(3) Indian tribes.--An Indian Tribe that receives or 
     awards a grant under subsection (d) or an eligible entity 
     described in subsection (a)(2) that is owned by an Indian 
     Tribe and receives a grant under subsection (c) shall not be 
     required to match any amount of the applicable grant.''.
       (c) Cost-sharing Exemption Under the Energy Policy Act of 
     2005.--Section 988(f) of the Energy Policy Act of 2005 (42 
     U.S.C. 16352(f)) is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3)(B), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(4) a grant awarded to an Indian Tribe under section 
     40101(d) of the Infrastructure Investment and Jobs Act (42 
     U.S.C. 18711(d)).''.
                                 ______