Tribal Energy Reauthorization Act

To reauthorize certain programs under the Office of Indian Energy Policy and Programs of the Department of Energy, and for other purposes. 1. Short title This Act may be cited as the Tribal Energy Reauthorization Act 2. Indian energy (a) Definitions Section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 (1) in paragraph (4)— (A) in subparagraph (A), by striking 25 U.S.C. 450b 25 U.S.C. 5304 (B) in subparagraph (B), by striking paragraph (12) and (2) by redesignating paragraphs (6) through (13) as paragraphs (7) through (14), respectively; (3) by inserting after paragraph (5) the following: (6) Native The term Native 43 U.S.C. 1602 ; (4) in paragraph (13) (as so redesignated)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (C) the Tribally designated housing entity for an Indian tribe that would benefit from a grant, loan, or other assistance provided under section 2602; and (D) a nonprofit electric utility cooperative that— (i) serves a population of which more than 50 percent are members of an Indian tribe or Natives; and (ii) has a governing body controlled by members of an Indian tribe or Natives that would benefit from a grant, loan, or other assistance provided under this title. ; and (5) by adding at the end the following: (15) Tribally designated housing entity The term Tribally designated housing entity tribally designated housing entity 25 U.S.C. 4103 . (b) Department of Energy Indian energy education planning and management assistance program Section 2602(b) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(b) (1) in paragraph (1), by inserting and tribal energy development organizations tribes (2) in paragraph (2)— (A) by redesignating subparagraphs (A) through (E) as subclauses (I) through (V), respectively, and indenting appropriately; (B) in the matter preceding subclause (I) (as so redesignated), by striking organization for organization— (i) that furthers programs described in paragraphs (1) through (4) of section 217(b) of the Department of Energy Organization Act ( 42 U.S.C. 7144e(b) (ii) for ; and (C) in clause (ii) (as so designated)— (i) in subclause (II) (as so redesignated), by striking on Indian land owned or occupied by an Indian tribe, a member of an Indian tribe, or a Native (ii) in subclause (IV) (as so redesignated), by striking located on Indian land that— (aa) are located on Indian land; or (bb) primarily serve homes of members of an Indian tribe or Natives that are located on Indian land or acquired, constructed, or improved wholly or partially with Federal funds ; and (iii) in subclause (V) (as so redesignated), by striking located on Indian land that satisfy item (aa) or (bb) of subclause (IV) (D) by striking (2) In carrying out (2) Grants authorized (A) In general In carrying out ; and (E) by adding at the end the following: (B) Cost-sharing (i) In general In determining any cost-share requirements for an Indian tribe, intertribal organization, or tribal energy development organization that is applying for a grant under subparagraph (A), the Director shall— (I) take into consideration the fiscal ability of the Indian tribe, intertribal organization, or tribal energy development organization to meet a cost-share requirement; and (II) if appropriate, offer flexibility in the grant application process with respect to the amount of cost-sharing to be required. (ii) Nonapplicability of certain requirements Section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 ; (3) in paragraph (5)— (A) in subparagraph (B), by inserting or tribal energy development organization tribe (B) by striking subparagraph (C) and inserting the following: (C) Grants for providing or expanding provision of electricity (i) In general In providing a grant under this subsection for an activity described in clause (ii), the Director shall encourage cooperative arrangements between Indian tribes, tribal energy development organizations, and utilities that provide service to Indian tribes, as the Director determines to be appropriate. (ii) Activity described An activity referred to in clause (i) is an activity to provide, or to expand the provision of, electricity primarily to— (I) Indian land; or (II) homes of members of an Indian tribe or Natives that are located on Indian land or are acquired, constructed, or improved wholly or partially with Federal funds. ; and (4) in paragraph (7), by striking $20,000,000 for each of fiscal years 2006 through 2016 $50,000,000 for each of fiscal years 2020 through 2030 (c) Department of Energy loan guarantee program Section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) (6) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $30,000,000 for each of fiscal years 2020 through 2030. . (d) Office of Indian Energy Policy and Programs Section 217 of the Department of Energy Organization Act ( 42 U.S.C. 7144e (c) Local partnerships for technical assistance To the maximum extent practicable, in providing technical assistance under the programs of the Office, the Director shall— (1) give priority to partnering with State and local organizations rather than national or other organizations that do not have comparable local experience, relationships, and knowledge; and (2) with respect to technical assistance provided to Indian tribes and Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (d) Federal Government grants and opportunities liaison for Indian tribes and Alaska Natives To the maximum extent practicable, in providing technical assistance under the programs of the Office, the Director shall designate appropriate staff to serve as a liaison to Indian tribes and Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (e) Indian Energy in the Arctic Strategy (1) In general Not later than 180 days after the date of enactment of the Tribal Energy Reauthorization Act Indian Energy in the Arctic Strategy (2) Requirements The strategy developed under paragraph (1) shall— (A) apply through calendar year 2030; (B) include recommendations for how best to prepare Indian communities in the Arctic for energy challenges relating to climate change; (C) plan for how the Office can best assist Indian communities in the Arctic with the mission of the Office to drive down energy prices for those communities, while anticipating the effects of a changing Arctic as the climate changes; and (D) build on, and incorporate as appropriate, the report by the Office entitled National Strategy for the Arctic Region (NSAR)–Ten Year Renewable Energy Plan . 1. Short title This Act may be cited as the Tribal Energy Reauthorization Act 2. Indian energy (a) Definitions Section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 (1) in paragraph (2)(C), by adding before the period at the end the following: , or that is located in an Alaska Native Village Statistical Area, as determined by the Bureau of the Census (2) in paragraph (4)— (A) in subparagraph (A), by striking 25 U.S.C. 450b 25 U.S.C. 5304 (B) in subparagraph (B), by striking paragraph (12) and (3) by redesignating paragraphs (6) through (13) as paragraphs (7) through (14), respectively; (4) by inserting after paragraph (5) the following: (6) Native The term Native 43 U.S.C. 1602 ; (5) in paragraph (13) (as so redesignated)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (C) the Tribally designated housing entity for an Indian tribe that would benefit from a grant, loan, or other assistance provided under section 2602; and (D) a nonprofit electric utility cooperative that— (i) serves a population of which more than 50 percent are members of an Indian tribe or Natives; and (ii) has a governing body controlled by members of an Indian tribe or Natives that would benefit from a grant, loan, or other assistance provided under this title. ; and (6) by adding at the end the following: (15) Tribally designated housing entity The term Tribally designated housing entity tribally designated housing entity 25 U.S.C. 4103 . (b) Department of Energy Indian energy education planning and management assistance program Section 2602(b) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(b) (1) in paragraph (1), by inserting and tribal energy development organizations tribes (2) in paragraph (2)— (A) by redesignating subparagraphs (A) through (E) as subclauses (I) through (V), respectively, and indenting appropriately; (B) in the matter preceding subclause (I) (as so redesignated), by striking organization for organization— (i) that furthers programs described in paragraphs (1) through (4) of section 217(b) of the Department of Energy Organization Act ( 42 U.S.C. 7144e(b) (ii) for ; and (C) in clause (ii) (as so designated)— (i) in subclause (II) (as so redesignated), by striking on Indian land owned or occupied by an Indian tribe, a member of an Indian tribe, or a Native (ii) in subclause (IV) (as so redesignated), by striking located on Indian land that— (aa) are located on Indian land; or (bb) primarily serve homes of members of an Indian tribe or Natives that are located on Indian land or acquired, constructed, or improved wholly or partially with Federal funds ; and (iii) in subclause (V) (as so redesignated), by striking located on Indian land that satisfy item (aa) or (bb) of subclause (IV) (D) by striking (2) In carrying out (2) Grants authorized (A) In general In carrying out ; and (E) by adding at the end the following: (B) Cost-sharing (i) In general In determining any cost-share requirements for an Indian tribe, intertribal organization, or tribal energy development organization that is applying for a grant under subparagraph (A), the Director shall— (I) take into consideration the fiscal ability of the Indian tribe, intertribal organization, or tribal energy development organization to meet a cost-share requirement; and (II) if appropriate, offer flexibility in the grant application process with respect to the amount of cost-sharing to be required, which may include waiving any cost-sharing requirement for grant applicants with limited financial resources. (ii) Nonapplicability of certain requirements Section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 ; (3) in paragraph (5)— (A) in subparagraph (B), by inserting or tribal energy development organization tribe (B) by striking subparagraph (C) and inserting the following: (C) Grants for providing or expanding provision of electricity (i) In general In providing a grant under this subsection for an activity described in clause (ii), the Director shall encourage cooperative arrangements between Indian tribes, tribal energy development organizations, and utilities that provide service to Indian tribes, as the Director determines to be appropriate. (ii) Activity described An activity referred to in clause (i) is an activity to provide, or to expand the provision of, electricity primarily to— (I) Indian land; or (II) homes of members of an Indian tribe or Natives that are located on Indian land or are acquired, constructed, or improved wholly or partially with Federal funds. ; and (4) in paragraph (7), by striking $20,000,000 for each of fiscal years 2006 through 2016 $50,000,000 for each of fiscal years 2021 through 2031 (c) Department of Energy loan guarantee program Section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) (1) in paragraph (5), by striking (5) Not later of 2017 (5) Regulations required Not later than 1 year after the date of enactment of the Tribal Energy Reauthorization Act ; (2) by striking paragraph (6) and inserting the following: (6) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $30,000,000 for each of fiscal years 2021 through 2031. ; and (3) by adding at the end the following: (8) Report on implementation Not later than 90 days after the date of enactment of the Tribal Energy Reauthorization Act (A) the number of applicants for a loan guarantee under this subsection; (B) the total number and aggregate amount of loan guarantees provided under this subsection; (C) actions the Secretary of Energy has taken to increase applications for loan guarantees under this subsection, separated by each applicant type described in subparagraphs (A), (B), and (C) of paragraph (3); and (D) efforts of the Secretary of Energy to implement the loan guarantee program in coordination with— (i) the best practices of the Indian loan guarantee and insurance program under title II of the Indian Financing Act of 1974 ( 25 U.S.C. 1481 (ii) the Office of Indian Energy Policy and Programs, in order to meet the unique circumstances of energy development on Indian land. . (d) Office of Indian Energy Policy and Programs Section 217 of the Department of Energy Organization Act ( 42 U.S.C. 7144e (c) Local partnerships for technical assistance To the maximum extent practicable, in providing technical assistance under the programs of the Office, the Director shall— (1) give priority to partnering with State and local organizations rather than national or other organizations that do not have comparable local experience, relationships, and knowledge; and (2) with respect to technical assistance provided to Indian tribes and Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (d) Federal Government grants and opportunities liaison for Indian tribes and Alaska Natives To the maximum extent practicable, in providing technical assistance under the programs of the Office, the Director shall designate appropriate staff to serve as a liaison to Indian tribes and Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (e) Indian Energy in the Arctic Strategy (1) In general Not later than 180 days after the date of enactment of the Tribal Energy Reauthorization Act Indian Energy in the Arctic Strategy (2) Requirements The strategy developed under paragraph (1) shall— (A) apply through calendar year 2030; (B) include recommendations for how best to prepare Indian communities in the Arctic for energy challenges relating to climate change; (C) plan for how the Office can best assist Indian communities in the Arctic with the mission of the Office to drive down energy prices for those communities, while anticipating the effects of a changing Arctic as the climate changes; and (D) build on, and incorporate as appropriate, the report by the Office entitled National Strategy for the Arctic Region (NSAR)–Ten Year Renewable Energy Plan . December 10, 2020 Reported with an amendment

Summary: Tribal Energy Reauthorization Act This bill reauthorizes through FY2031 certain energy grant programs and otherwise revises the activities of the Office of Indian Energy Policy and Programs within the Department of Energy. Specifically, the office must consider the fiscal ability of an Indian tribe, intertribal organization, or tribal energy development organization to meet cost-sharing requirements for energy projects; give priority to partnering with state and local organizations when providing technical assistance to tribes; designate a liaison to ensure that tribes are aware of federal grants and funding opportunities; and develop an energy strategy for tribes in the Arctic to address climate change. The bill also authorizes the office to provide grants for providing or expanding electricity to the homes of members of tribes that are acquired, constructed, or improved with federal funds. Currently, such grants may only be used to provide electricity on Indian land.