[Senate Report 116-310]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 612

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-310

======================================================================
 
   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.--Ordered to be printed

                                _______
                                

           Mr. Hoeven, from the Committee on India Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2610]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2610) to reauthorize certain programs under the Office 
of Indian Energy Policy and Programs of the Department of 
Energy and for other purposes, having considered the same, 
reports favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                                PURPOSE

    The Tribal Energy Reauthorization Act would reauthorize and 
increase funding, $50 million per Fiscal Year through 2030, for 
the Office of Indian Energy Policy and Programs (OIE) within 
the Department of Energy; amends definitions of the Energy 
Policy Act of 1992, to provide for greater flexibility in 
promoting electrification throughout Indian Country and Alaska; 
authorizes $30 million per Fiscal Year through 2030 for the 
Department of Energy Loan Guarantee Program; and, mandates the 
OIE to submit a report to Congress on an Indian Energy Arctic 
Strategy.

                               BACKGROUND

    There are 574 federally recognized tribes in the United 
States, including 231 in Alaska. Many American Indian and 
Alaska Native communities lack access to affordable energy and 
pay some of the nation's highest prices for energy and 
electricity. According to the Department of Energy (DOE), for 
example, in the Southwest, 14.2 percent of Navajo and Hopi 
homes are not grid-connected (compared to the national average 
of 1.4 percent). In Alaska, rural residents and villages are 
faced with electricity rates that can be 800 percent higher 
than the national average.
    The DOE's Office of Indian Energy Policy and Programs (OIE) 
is tasked with promoting tribal energy development, efficiency, 
and use; reducing and stabilizing energy costs; enhancing 
tribal energy natural resources; strengthening economic 
infrastructure; and electrifying Indian lands and homes. 
Congress created the OIE through the Energy Policy Act of 2005. 
While the program's initial authorization of appropriations 
expired after Fiscal Year 2016, Congress has continued to make 
appropriations to the OIE each year (including $22 million in 
Fiscal Year 2020).
    Additionally, Indian Tribes have the opportunity to apply 
for the Tribal Energy Loan Guarantee Program at the Department 
of Energy. This loan guarantee program is a partial loan 
guarantee program that can guarantee up to $2 billion in loans 
to support economic opportunities though energy development 
projects and activities. Congress has appropriated $2 million 
in Fiscal Year 2020.

                          NEED FOR LEGISLATION

    The Department of Energy's Office of Indian Energy Policy 
and Programs (OIE) funding has expired after Fiscal Year 2016. 
Congress needs to reauthorize funding for the office and its 
programs. The bill also sets authorization of appropriations 
for the Department of Energy Loan Guarantee Program. 
Additionally, certain definitions have been amended in order to 
provide for greater flexibility in promoting electrification 
throughout Indian Country and Alaska. Also, the bill mandates 
the OIE to submit a report to Congress on an Indian Energy 
Arctic Strategy.

                              BILL SUMMARY

    The Tribal Energy Reauthorization Act reauthorizes the OIE 
through Fiscal Year 2030; addresses overly restrictive Indian 
land requirements for energy project grants; allows for Alaska 
Native Corporations, Tribally designated housing entities, and 
non-profit electric cooperatives to apply for OIE funding; 
provides for cost-share requirement flexibility; encourages the 
OIE to foster relationships with and utilize local and 
community expertise; ensures the OIE will more consistently 
make tribes aware of relevant funding opportunities across all 
federal agencies; and requires the OIE to develop a forward-
looking energy strategy for Native communities in the Arctic 
that takes into account the effects of climate change.

                          LEGISLATIVE HISTORY

    On November 16, 2019, Senator Murkowski introduced S. 2610, 
along with Senator Smith. Senator Sullivan was later added as a 
cosponsor, on November 22, 2019. The bill was referred to the 
Indian Affairs Committee. The Committee held a legislative 
hearing on this bill, on March 4, 2020. On July 29, 2020, by 
voice vote, the Committee ordered the bill, with an amendment, 
in the nature of a substitute, to be reported favorably to the 
Senate. A House companion bill has not been introduced, at this 
time.
    At the legislative hearing held for S. 2610, Director of 
the Department of Energy Office of Indian Energy Policy and 
Programs, Kevin Frost, testified that the Department has no 
position on the bill. However, Mr. Frost did share concerns 
with the ``Cost Sharing'', ``Federal Government Grants and 
Opportunities Liaison for Indian Tribes and Alaska Native'', 
and ``Indian Energy in the Arctic Strategy'' provisions of the 
bill.
    Amendments. Two amendments, KEN20133 and KEN20134, both in 
the nature of a substitute, were offered by Senator Murkowski. 
Amendment KEN20133 was timely filed. This amendment addressed 
concerns raised by the Department of Energy's (DOE) testimony. 
The amendment also included language from Senators Udall and 
Smith that would mandate the DOE issue regulations for the 
Tribal Energy Loan Guarantee Program (TELGP), including 
reporting requirements for awarding awards; and additional 
flexibility to completely waiving any cost-sharing for grant 
application.
    During the Committee's consideration of S. 2610, Senator 
Murkowski requested amendment KEN20133 be removed from the 
business meeting agenda, and with the consent from Chairman 
Hoeven and Vice Chairman Udall waive committee rules to file an 
untimely amendment, in the nature of a substitute, KEN20134. 
Per Committee rules, amendments are required be filed 48 hours 
prior to a business meeting. Amendment KEN20133 was removed 
from the business meeting. Chairman Hoeven and Vice Chairman 
Udall agreed to the request to waive committee rules for 
amendment KEN20134 to be considered at the business meeting.
    The substitute amendment, KEN20134, includes all language 
from KEN20133, but also refines the definition of Section 2601 
of the Energy Policy Act that would include Alaska Native 
Village Statistical Area.
    The Committee passed S. 2610, as amended, by voice vote, 
and ordered the bill to be favorably reported.

              SECTION-BY-SECTION ANALYSIS (AS INTRODUCED)

Section 1. Short title

    ``Tribal Energy Reauthorization Act''.

Section 2. Indian energy

    Section 2(a) amends definitions in Section 2601 of the 
Energy Policy Act of 1992, including the term ``Native'' to be 
defined as Section 3 of the Alaska Native Claims Settlement 
Act. It also amends the definition of a ``tribal energy 
development organization'' to include Alaska Native 
Corporations, Tribally designated housing entities, and non-
profit electric cooperatives.
    Section 2(b) amends Section 2602(b) of the Energy Policy 
Act of 1992 to allow the Office of Indian Energy Policy and 
Programs (OIE) Director to award grants for energy projects 
that promote electrification, energy development, and energy 
efficiency even if a proposed project is not located entirely 
on Indian land. It also provides flexibility for the Director 
to take into consideration a tribe's fiscal ability to meet 
cost-share requirements.
    This section also authorizes $50 million for each of Fiscal 
Years 2020 through 2030 for the OIE.
    Section 2(c) amends Section 2602(c) of the Energy Policy 
Act of 1992 to authorize $30 million for each of Fiscal Years 
2020 through 2030 for the Tribal Energy Loan Guarantee Program.
    Section 2(d) amends Section 217 of the Department of Energy 
Organization Act to encourage OIE to give priority to 
partnering with local and regional organizations when providing 
technical assistance to tribes. It also requires the Director 
to designate appropriate OIE staff to serve as a liaison to 
tribes to ensure maximum awareness of relevant grant and 
funding opportunities across the federal government. Finally, 
this subsection requires, within 180 days of enactment, that 
OIE submit to Congress a report entitled the ``Indian Energy in 
the Arctic Strategy'' that shall apply through calendar year 
2030 and include recommendations for how best to prepare Indian 
communities in the Arctic for energy challenges relating to 
climate change.

                   COST AND BUDGETARY CONSIDERATIONS

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 6, 2020.
Hon. John Hoeven,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2610, the Tribal 
Energy Reauthorization Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Aaron 
Krupkin.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 2610 would authorize the appropriation of $50 million 
annually over the 2021-2030 period for programs sponsored by 
the Department of Energy's (DOE's) Office of Indian Energy. 
Under those programs, the agency would provide grants and 
technical assistance to Native American tribes, intertribal 
organizations, and tribal energy development organizations for 
energy efficiency programs, electric infrastructure projects, 
and other related activities. The bill also would expand 
eligibility for assistance under those programs, amend cost-
sharing requirements, and require DOE to develop a strategy on 
Native American energy in the Arctic.
    In addition, S. 2610 would authorize the appropriation of 
$30 million annually over the 2021-2030 period for DOE's Tribal 
Energy Loan Guarantee Program (TELGP), which partially 
guarantees loans issued to tribal organizations for energy 
development activities. The bill would expand eligibility for 
the program and would require DOE to report to the Congress on 
program implementation. Using information from the department, 
CBO estimates that $4 million per year would be needed for 
administrative costs; the remaining $26 million would be 
available to cover subsidy costs each year.\1\
---------------------------------------------------------------------------
    \1\Under the Federal Credit Reform Act of 1990, the subsidy cost of 
a loan guarantee is the net present value of estimated payments by the 
government to cover defaults and delinquencies, interest subsidies, or 
other expenses, offset by any payments to the government, including 
origination fees, other fees, penalties, and recoveries on defaulted 
loans. Such subsidy costs are calculated by discounting those expected 
cash flows using the rate on Treasury securities of comparable 
maturity. The resulting estimated subsidy costs are recorded in the 
budget when the loans are disbursed.
---------------------------------------------------------------------------
    In 2020, the Congress appropriated $22 million for the 
Office of Indian Energy and $2 million for TELGP. Because CBO 
estimates budgetary effects under continuing resolutions on an 
annualized basis, in 2021 CBO assumes that the same amount will 
be available under the current continuing resolution (Public 
Law 116-159). As a result, CBO estimates that the bill would 
authorize additional appropriations in 2021 of $28 million for 
the Office of Indian Energy and $28 million for TELGP, the 
difference between the authorized amounts and the annualized 
amounts provided under the continuing resolution.
    Based on historical spending patterns for similar 
activities, and assuming appropriation of the authorized 
amounts, CBO estimates that implementing S. 2610 would cost 
$219 million over the 2021-2025 period, $618 million over the 
2021-2030 period, and $158 million after 2030. The costs of the 
legislation (detailed in Table 1) fall within budget function 
270 (energy).

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2610
----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, millions of dollars--
                                                              --------------------------------------------------
                                                                2021    2022    2023    2024    2025   2021-2025
----------------------------------------------------------------------------------------------------------------
Office of Indian Energy:
    Authorizationa...........................................      28      50      50      50      50       228
    Estimated Outlays........................................       6      18      32      42      47       145
TELGP:
    Authorizationa...........................................      28      30      30      30      30       148
    Estimated Outlays........................................       1       7      14      22      30        74
    Total Changes:
        Authorizationa.......................................      56      80      80      80      80       376
        Estimated Outlays....................................       7      25      46      64      77       219
----------------------------------------------------------------------------------------------------------------
TELGP = Tribal Energy Loan Guarantee Program.
aS. 2610 would authorize the appropriation of $50 million annually through 2030 for programs sponsored by the
  Department of Energy's Office of Indian Energy. The bill also would authorize the appropriation of $30 million
  annually through 2030 for TELGP. In 2020, the Congress appropriated $22 million and $2 million, respectively,
  for those purposes. Because CBO estimates budgetary effects under continuing resolutions on an annualized
  basis, in 2021 CBO assumes that the same amounts will be available under the current continuing resolution
  (Public Law 116-159). As a result, CBO estimates that the bill would authorize additional appropriations in
  2021 of $56 million for those purposes, the difference between the authorized amounts and the annualized
  amounts provided under the continuing resolution.

    The CBO staff contact for this estimate is Aaron Krupkin. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communication from the 
Executive Branch regarding S. 2610.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 2610 will 
have a minimal impact on regulatory or paperwork requirements.

                        CHANGES IN EXISTING LAW

    On February 6, 2019, the Committee unanimously approved a 
motion to waive subsection 12 of rule XXVI of the Standing 
Rules of the Senate. In the opinion of the Committee, it is 
necessary to dispense with subsection 12 of rule XXVI of the 
Standing Rules of the Senate to expedite the business of the 
Senate.

                                  [all]