Energy Policy Act

§ 3502

TITLE 25—INDIANS

Title note set out under section 1601 of Title 43 and
Tables.
PRIOR PROVISIONS
A prior section 3501, Pub. L. 102–486, title XXVI, § 2601,
Oct. 24, 1992, 106 Stat. 3113, defined terms, prior to the
general amendment of this chapter by Pub. L. 109–58.
CONSULTATION WITH INDIAN TRIBES
Pub. L. 109–58, title V, § 504, Aug. 8, 2005, 119 Stat. 778,
provided that: ‘‘In carrying out this title [enacting this
chapter, section 7144e of Title 42, The Public Health and
Welfare, and subchapter V (§ 16001) of chapter 149 of
Title 42, amending section 4132 of this title and section
5315 of Title 5, Government Organization and Employees, and enacting provisions set out as a note under
section 15801 of Title 42] and the amendments made by
this title, the Secretary [of Energy] and the Secretary
of the Interior shall, as appropriate and to the maximum extent practicable, involve and consult with Indian tribes.’’

§ 3502. 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 chapter.
(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;
(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 chapter, 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

Page 752

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
(iv) any other sequestration opportunities
the Director considers to be appropriate.
(B) The activities carried out under subparagraph (A) shall be—
(i) coordinated with other carbon sequestration research and development programs conducted by the Secretary of Energy;
(ii) conducted to determine methods consistent with existing standardized measurement
protocols to account and report the quantity
of carbon dioxide or other greenhouse gases sequestered in projects that may be implemented on Indian land; and
(iii) reviewed periodically to collect and distribute to Indian tribes information on carbon
sequestration practices that will increase the
sequestration of carbon without threatening
the social and economic well-being of Indian
tribes.
(4)(A) The Director, in consultation with Indian tribes, may develop a formula for providing
grants under this subsection.
(B) In providing a grant under this subsection,
the Director shall give priority to any application received from an Indian tribe with inadequate electric service (as determined by the Director).
(C) In providing a grant under this subsection
for an activity to provide, or expand the provi-

Page 753

§ 3503

TITLE 25—INDIANS

sion of, electricity on Indian land, the Director
shall encourage cooperative arrangements between Indian tribes and utilities that provide
service to Indian tribes, as the Director determines to be appropriate.
(5) The Secretary of Energy may issue such
regulations as the Secretary determines to be
necessary to carry out this subsection.
(6) There is authorized to be appropriated to
carry out this subsection $20,000,000 for each of
fiscal years 2006 through 2016.
(c) Department of Energy loan guarantee program
(1) Subject to paragraphs (2) and (4), the Secretary of Energy may provide loan guarantees
(as defined in section 661a of title 2) for an
amount equal to not more than 90 percent of the
unpaid principal and interest due on any loan
made to an Indian tribe for energy development.
(2) In providing a loan guarantee under this
subsection for an activity to provide, or expand
the provision of, electricity on Indian land, the
Secretary of Energy shall encourage cooperative
arrangements between Indian tribes and utilities that provide service to Indian tribes, as the
Secretary determines to be appropriate.
(3) A loan guarantee under this subsection
shall be made by—
(A) a financial institution subject to examination by the Secretary of Energy; or
(B) an Indian tribe, from funds of the Indian
tribe.
(4) The aggregate outstanding amount guaranteed by the Secretary of Energy at any time
under this subsection shall not exceed
$2,000,000,000.
(5) The Secretary of Energy may issue such
regulations as the Secretary of Energy determines are necessary to carry out this subsection.
(6) There are authorized to be appropriated
such sums as are necessary to carry out this
subsection, to remain available until expended.
(7) Not later than 1 year after August 8, 2005,
the Secretary of Energy shall submit to Congress a report on the financing requirements of
Indian tribes for energy development on Indian
land.
(d) Preference
(1) In purchasing electricity or any other energy product or byproduct, a Federal agency or
department may give preference to an energy
and resource production enterprise, partnership,
consortium, corporation, or other type of business organization the majority of the interest in
which is owned and controlled by 1 or more Indian tribes.
(2) In carrying out this subsection, a Federal
agency or department shall not—
(A) pay more than the prevailing market
price for an energy product or byproduct; or
(B) obtain less than prevailing market terms
and conditions.
(Pub. L. 102–486, title XXVI, § 2602, as added Pub.
L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat.
765.)

was translated as meaning the date of enactment of
Pub. L. 109–58, which amended this chapter generally,
to reflect the probable intent of Congress.
PRIOR PROVISIONS
A prior section 3502, Pub. L. 102–486, title XXVI, § 2602,
Oct. 24, 1992, 106 Stat. 3113, related to tribal consultation in implementing provisions, prior to the general
amendment of this chapter by Pub. L. 109–58.

§ 3503. Indian tribal energy resource regulation
(a) Grants
The Secretary may provide to Indian tribes,
on an annual basis, grants for use in accordance
with subsection (b).
(b) Use of funds
Funds from a grant provided under this section may be used—
(1)(A) by an Indian tribe for the development
of a tribal energy resource inventory or tribal
energy resource on Indian land;
(B) by an Indian tribe for the development of
a feasibility study or other report necessary to
the development of energy resources on Indian
land;
(C) by an Indian tribe (other than an Indian
Tribe in the State of Alaska, except the
Metlakatla Indian Community) for—
(i) the development and enforcement of
tribal laws (including regulations) relating
to tribal energy resource development; and
(ii) the development of technical infrastructure to protect the environment under
applicable law; or
(D) by a Native Corporation for the development and implementation of corporate policies and the development of technical infrastructure to protect the environment under
applicable law; and
(2) by an Indian tribe for the training of employees that—
(A) are engaged in the development of energy resources on Indian land; or
(B) are responsible for protecting the environment.
(c) Other assistance
(1) In carrying out the obligations of the
United States under this chapter, the Secretary
shall ensure, to the maximum extent practicable
and to the extent of available resources, that on
the request of an Indian tribe, the Indian tribe
shall have available scientific and technical information and expertise, for use in the regulation, development, and management of energy
resources of the Indian tribe on Indian land.
(2) The Secretary may carry out paragraph
(1)—
(A) directly, through the use of Federal officials; or
(B) indirectly, by providing financial assistance to an Indian tribe to secure independent
assistance.
(Pub. L. 102–486, title XXVI, § 2603, as added Pub.
L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat.
768.)

CODIFICATION

PRIOR PROVISIONS

August 8, 2005, referred to in subsec. (c)(7), was in the
original ‘‘the date of enactment of this section’’, which

A prior section 3503, Pub. L. 102–486, title XXVI, § 2603,
Oct. 24, 1992, 106 Stat. 3114; Pub. L. 105–388, § 10, Nov. 13,