Energy Policy Act of 2005

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 765

‘‘(B) For the purpose of paragraph (12) and sections
2603(b)(1)(C) and 2604, the term ‘Indian tribe’ does not include
any Native Corporation.
‘‘(5) The term ‘integration of energy resources’ means any
project or activity that promotes the location and operation
of a facility (including any pipeline, gathering system, transportation system or facility, or electric transmission or distribution
facility) on or near Indian land to process, refine, generate
electricity from, or otherwise develop energy resources on,
Indian land.
‘‘(6) The term ‘Native Corporation’ has the meaning given
the term in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602).
‘‘(7) The term ‘organization’ means a partnership, joint
venture, limited liability company, or other unincorporated
association or entity that is established to develop Indian
energy resources.
‘‘(8) The term ‘Program’ means the Indian energy resource
development program established under section 2602(a).
‘‘(9) The term ‘Secretary’ means the Secretary of the
Interior.
‘‘(10) The term ‘sequestration’ means the long-term separation, isolation, or removal of greenhouse gases from the
atmosphere, including through a biological or geologic method
such as reforestation or an underground reservoir.
‘‘(11) The term ‘tribal energy resource development
organization’ means an organization of two or more entities,
at least one of which is an Indian tribe, that has the written
consent of the governing bodies of all Indian tribes participating
in the organization to apply for a grant, loan, or other assistance
under section 2602.
‘‘(12) The term ‘tribal land’ means any land or interests
in land owned by any Indian tribe, title to which is held
in trust by the United States, or is subject to a restriction
against alienation under laws of the United States.
‘‘SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

‘‘(a) DEPARTMENT OF THE INTERIOR PROGRAM.—
‘‘(1) To assist Indian tribes in the development of energy
resources and further the goal of Indian self-determination,
the Secretary shall establish and implement an Indian energy
resource development program to assist consenting Indian
tribes and tribal energy resource development organizations
in achieving the purposes of this title.
‘‘(2) In carrying out the Program, the Secretary shall—
‘‘(A) provide development grants to Indian tribes and
tribal energy resource development organizations for use
in developing or obtaining the managerial and technical
capacity needed to develop energy resources on Indian land,
and to properly account for resulting energy production
and revenues;
‘‘(B) provide grants to Indian tribes and tribal energy
resource development organizations for use in carrying out
projects to promote the integration of energy resources,
and to process, use, or develop those energy resources,
on Indian land;

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25 USC 3502.

Grants.

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119 STAT. 766
Loans.

Appropriation
authorization.

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PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(C) provide low-interest loans to Indian tribes and
tribal energy resource development organizations for use
in the promotion of energy resource development on Indian
land and integration of energy resources; and
‘‘(D) provide grants and technical assistance to an
appropriate tribal environmental organization, as determined by the Secretary, that represents multiple Indian
tribes to establish a national resource center to develop
tribal capacity to establish and carry out tribal environmental programs in support of energy-related programs
and activities under this title, including—
‘‘(i) training programs for tribal environmental officials, program managers, and other governmental representatives;
‘‘(ii) the development of model environmental policies and tribal laws, including tribal environmental
review codes, and the creation and maintenance of
a clearinghouse of best environmental management
practices; and
‘‘(iii) recommended standards for reviewing the
implementation of tribal environmental laws and policies within tribal judicial or other tribal appeals systems.
‘‘(3) There are authorized to be appropriated to carry out
this subsection such sums as are necessary for each of fiscal
years 2006 through 2016.
‘‘(b) DEPARTMENT OF ENERGY INDIAN ENERGY EDUCATION PLANNING AND MANAGEMENT ASSISTANCE PROGRAM.—
‘‘(1) The Director shall establish programs to assist consenting Indian tribes in meeting energy education, research
and development, planning, and management needs.
‘‘(2) In carrying out this subsection, the Director may provide grants, on a competitive basis, to an Indian tribe or tribal
energy resource development organization for use in carrying
out—
‘‘(A) energy, energy efficiency, and energy conservation
programs;
‘‘(B) studies and other activities supporting tribal
acquisitions of energy supplies, services, and facilities,
including the creation of tribal utilities to assist in securing
electricity to promote electrification of homes and
businesses on Indian land;
‘‘(C) planning, construction, development, operation,
maintenance, and improvement of tribal electrical generation, transmission, and distribution facilities located on
Indian land; and
‘‘(D) development, construction, and interconnection of
electric power transmission facilities located on Indian land
with other electric transmission facilities.
‘‘(3)(A) The Director shall develop a program to support
and implement research projects that provide Indian tribes
with opportunities to participate in carbon sequestration practices on Indian land, including—
‘‘(i) geologic sequestration;
‘‘(ii) forest sequestration;
‘‘(iii) agricultural sequestration; and

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