H. R. 6—183
provisions for review of transactions, reports, site inspec-
tions, and any other review activities the Secretary deter-
mines to be appropriate; and 
‘‘(D) provisions describing final agency actions after 
exhaustion of administrative appeals from determinations 
of the Secretary under paragraph (7). 
‘‘(f) NO EFFECT ON OTHER LAW.—Nothing in this section affects 
the application of— 
‘‘(1) any Federal environmental law; 
‘‘(2) the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1201 et seq.); or 
‘‘(3) except as otherwise provided in this title, the Indian 
Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.). 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary such sums as are necessary 
for each of fiscal years 2006 through 2016 to carry out this section 
and to make grants or provide other appropriate assistance to 
Indian tribes to assist the Indian tribes in developing and imple-
menting tribal energy resource agreements in accordance with this 
section. 
‘‘SEC. 2605. FEDERAL POWER MARKETING ADMINISTRATIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) The term ‘Administrator’ means the Administrator of 
the Bonneville Power Administration and the Administrator 
of the Western Area Power Administration. 
‘‘(2) The term ‘power marketing administration’ means— 
‘‘(A) the Bonneville Power Administration; 
‘‘(B) the Western Area Power Administration; and 
‘‘(C) any other power administration the power alloca-
tion of which is used by or for the benefit of an Indian 
tribe located in the service area of the administration. 
‘‘(b) ENCOURAGEMENT
OF INDIAN TRIBAL ENERGY DEVELOP-
MENT.—Each Administrator shall encourage Indian tribal energy 
development by taking such actions as the Administrators deter-
mine to be appropriate, including administration of programs of 
the power marketing administration, in accordance with this sec-
tion. 
‘‘(c) ACTION BY ADMINISTRATORS.—In carrying out this section, 
in accordance with laws in existence on the date of enactment 
of the Energy Policy Act of 2005— 
‘‘(1) each Administrator shall consider the unique relation-
ship that exists between the United States and Indian tribes; 
‘‘(2) power allocations from the Western Area Power 
Administration to Indian tribes may be used to meet firming 
and reserve needs of Indian-owned energy projects on Indian 
land; 
‘‘(3) the Administrator of the Western Area Power Adminis-
tration may purchase non-federally generated power from 
Indian tribes to meet the firming and reserve requirements 
of the Western Area Power Administration; and 
‘‘(4) each Administrator shall not— 
‘‘(A) pay more than the prevailing market price for 
an energy product; or 
‘‘(B) obtain less than prevailing market terms and 
conditions. 
‘‘(d) ASSISTANCE FOR TRANSMISSION SYSTEM USE.—
H. R. 6—184
‘‘(1) An Administrator may provide technical assistance 
to Indian tribes seeking to use the high-voltage transmission 
system for delivery of electric power. 
‘‘(2) The costs of technical assistance provided under para-
graph (1) shall be funded— 
‘‘(A) by the Secretary of Energy using nonreimbursable 
funds appropriated for that purpose; or 
‘‘(B) by any appropriate Indian tribe. 
‘‘(e) POWER ALLOCATION STUDY.—Not later than 2 years after 
the date of enactment of the Energy Policy Act of 2005, the Sec-
retary of Energy shall submit to Congress a report that— 
‘‘(1) describes the use by Indian tribes of Federal power 
allocations of the power marketing administration (or power 
sold by the Southwestern Power Administration) to or for the 
benefit of Indian tribes in a service area of the power marketing 
administration; and 
‘‘(2) identifies— 
‘‘(A) the quantity of power allocated to, or used for 
the benefit of, Indian tribes by the Western Area Power 
Administration; 
‘‘(B) the quantity of power sold to Indian tribes by 
any other power marketing administration; and 
‘‘(C) barriers that impede tribal access to and use of 
Federal power, including an assessment of opportunities 
to remove those barriers and improve the ability of power 
marketing administrations to deliver Federal power. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $750,000, non-reimburs-
able, to remain available until expended. 
‘‘SEC. 2606. WIND AND HYDROPOWER FEASIBILITY STUDY. 
‘‘(a) STUDY.—The Secretary of Energy, in coordination with 
the Secretary of the Army and the Secretary, shall conduct a 
study of the cost and feasibility of developing a demonstration 
project that uses wind energy generated by Indian tribes and hydro-
power generated by the Army Corps of Engineers on the Missouri 
River to supply firming power to the Western Area Power Adminis-
tration. 
‘‘(b) SCOPE OF STUDY.—The study shall— 
‘‘(1) determine the economic and engineering feasibility 
of blending wind energy and hydropower generated from the 
Missouri River dams operated by the Army Corps of Engineers, 
including an assessment of the costs and benefits of blending 
wind energy and hydropower compared to current sources used 
for firming power to the Western Area Power Administration; 
‘‘(2) review historical and projected requirements for, pat-
terns of availability and use of, and reasons for historical pat-
terns concerning the availability of firming power; 
‘‘(3) assess the wind energy resource potential on tribal 
land and projected cost savings through a blend of wind and 
hydropower over a 30-year period; 
‘‘(4) determine seasonal capacity needs and associated 
transmission upgrades for integration of tribal wind generation 
and identify costs associated with these activities; 
‘‘(5) include an independent tribal engineer and a Western 
Area Power Administration customer representative as study 
team members; and
H. R. 6—185
‘‘(6) incorporate, to the extent appropriate, the results of 
the Dakotas Wind Transmission study prepared by the Western 
Area Power Administration. 
‘‘(c) REPORT.—Not later than 1 year after the date of enactment 
of the Energy Policy Act of 2005, the Secretary of Energy, the 
Secretary, and the Secretary of the Army shall submit to Congress 
a report that describes the results of the study, including— 
‘‘(1) an analysis and comparison of the potential energy 
cost or benefits to the customers of the Western Area Power 
Administration through the use of combined wind and hydro-
power; 
‘‘(2) an economic and engineering evaluation of whether 
a combined wind and hydropower system can reduce reservoir 
fluctuation, enhance efficient and reliable energy production, 
and provide Missouri River management flexibility; 
‘‘(3) if found feasible, recommendations for a demonstration 
project to be carried out by the Western Area Power Adminis-
tration, in partnership with an Indian tribal government or 
tribal energy resource development organization, and Western 
Area Power Administration customers to demonstrate the feasi-
bility and potential of using wind energy produced on Indian 
land to supply firming energy to the Western Area Power 
Administration; and 
‘‘(4) an identification of— 
‘‘(A) the economic and environmental costs of, or bene-
fits to be realized through, a Federal-tribal-customer part-
nership; and 
‘‘(B) the manner in which a Federal-tribal-customer 
partnership could contribute to the energy security of the 
United States. 
‘‘(d) FUNDING.— 
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this section $1,000,000, 
to remain available until expended. 
‘‘(2) NONREIMBURSABILITY.—Costs incurred by the Sec-
retary in carrying out this section shall be nonreimbursable.’’. 
(b) CONFORMING AMENDMENTS.—The table of contents for the 
Energy Policy Act of 1992 is amended by striking the items relating 
to title XXVI and inserting the following:
‘‘Sec. 2601. Definitions. 
‘‘Sec. 2602. Indian tribal energy resource development. 
‘‘Sec. 2603. Indian tribal energy resource regulation. 
‘‘Sec. 2604. Leases, business agreements, and rights-of-way involving energy devel-
opment or transmission. 
‘‘Sec. 2605. Federal Power Marketing Administrations. 
‘‘Sec. 2606. Wind and hydropower feasibility study.’’.
SEC. 504. CONSULTATION WITH INDIAN TRIBES. 
In carrying out this title and the amendments made by this 
title, the Secretary and the Secretary of the Interior shall, as 
appropriate and to the maximum extent practicable, involve and 
consult with Indian tribes. 
SEC. 505. FOUR CORNERS TRANSMISSION LINE PROJECT AND ELEC-
TRIFICATION. 
(a) TRANSMISSION LINE PROJECT.—The Dine Power Authority, 
an enterprise of the Navajo Nation, shall be eligible to receive 
grants and other assistance under section 217 of the Department 
of Energy Organization Act, as added by section 502, and section