I 

116TH CONGRESS 

2D SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2020 

Mr. O’HALLERAN (for himself and Mr. MULLIN) introduced the following bill; 

which was referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Power Act’’. 


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1 SEC. 2. INDIAN ENERGY. 

2 (a) DEFINITION OF INDIAN LAND.—Section 2601(2) 

3 of the Energy Policy Act of 1992 (25 U.S.C. 3501(2)) 

4 is amended— 

5 (1) in subparagraph (B)(iii), by striking ‘‘and’’; 

6 (2) in subparagraph (C), by striking ‘‘land.’’ 

7 and inserting ‘‘land; and’’; and 

8 (3) by adding at the end the following subpara9 graph: 

10 ‘‘(D) any land in a census tract in which 

11 the majority of the residents are Natives (as de12 fined in section 3(b) of the Alaska Native 

13 Claims Settlement Act (43 U.S.C. 1602(b))).’’. 

14 (b) REDUCTION OF COST SHARE.—Section 

15 2602(b)(5) of the Energy Policy Act of 1992 (25 U.S.C. 

16 3502(b)(5)) is amended by adding at the end the following 

17 subparagraph: 

18 ‘‘(D) The Director may reduce any applicable 

19 cost share required of an Indian tribe in order to re20 ceive a grant under this subsection to not less than 

21 10 percent if the Indian tribe meets criteria devel22 oped by the Director, including financial need.’’. 

23 (c) AUTHORIZATION.—Section 2602(b)(7) of the En24 ergy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) is amend25 ed by striking ‘‘$20,000,000 for each of fiscal years 2006 


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1 through 2016’’ and inserting ‘‘$30,000,000 for each of fis2 cal years 2021 through 2025’’. 

3 SEC. 3. REPORT ON ELECTRICITY ACCESS AND RELI4 ABILITY. 

5 (a) ASSESSMENT.—The Secretary of Energy shall, in 

6 consultation with Tribal governments, the North Amer7 ican Electricity Reliability Corporation, and the Federal 

8 Energy Regulatory Commission, conduct an assessment of 

9 the status of access to electricity by residents on Indian 

10 land, and the reliability of electric service available to resi11 dents on Indian land, as compared to the status of access 

12 to and reliability of electricity within neighboring States 

13 or within the State in which Indian land is located. 

14 (b) REPORT.—Not later than 18 months after the 

15 date of enactment of this Act, the Secretary of Energy 

16 shall submit to the Committee on Energy and Commerce 

17 of the House of Representatives and the Committee on 

18 Energy and Natural Resources of the Senate a report on 

19 the results of the assessment conducted under subsection 

20 (a), which shall include— 

21 (1) a description of generation, transmission, 

22 and distribution assets available to provide electricity 

23 to Tribal communities; 


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1 (2) percentage of households residing in Tribal 

2 communities or on Indian land that do not have ac3 cess to electricity; 

4 (3) the potential of distributed energy resources 

5 to provide electricity to residents of Tribal commu6 nities or households residing on Indian land; 

7 (4) the potential for tribally owned utilities or 

8 electric utility assets to participate in or benefit 

9 from regional electricity markets; 

10 (5) a description of the barriers to providing ac11 cess to electric service to households residing in 

12 Tribal communities or on Indian land; and 

13 (6) recommendations to improve access to and 

14 reliability of electric service for residents of Tribal 

15 communities or households residing on Indian land. 

Æ 


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