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 addi-
tion to the Committee on Energy and Commerce, for a period to be sub-
sequently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tribal Power Act’’. 
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SEC. 2. INDIAN ENERGY. 
(a) DEFINITION OF INDIAN LAND.—Section 2601(2) 
of the Energy Policy Act of 1992 (25 U.S.C. 3501(2)) 
is amended— 
(1) in subparagraph (B)(iii), by striking ‘‘and’’; 
(2) in subparagraph (C), by striking ‘‘land.’’ 
and inserting ‘‘land; and’’; and 
(3) by adding at the end the following subpara-
graph: 
‘‘(D) any land in a census tract in which 
the majority of the residents are Natives (as de-
fined in section 3(b) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1602(b))).’’. 
(b) 
REDUCTION
OF
COST
SHARE.—Section 
2602(b)(5) of the Energy Policy Act of 1992 (25 U.S.C. 
3502(b)(5)) is amended by adding at the end the following 
subparagraph: 
‘‘(D) The Director may reduce any applicable 
cost share required of an Indian tribe in order to re-
ceive a grant under this subsection to not less than 
10 percent if the Indian tribe meets criteria devel-
oped by the Director, including financial need.’’. 
(c) AUTHORIZATION.—Section 2602(b)(7) of the En-
ergy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) is amend-
ed by striking ‘‘$20,000,000 for each of fiscal years 2006 
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through 2016’’ and inserting ‘‘$30,000,000 for each of fis-
cal years 2021 through 2025’’. 
SEC. 3. REPORT ON ELECTRICITY ACCESS AND RELI-
ABILITY. 
(a) ASSESSMENT.—The Secretary of Energy shall, in 
consultation with Tribal governments, the North Amer-
ican Electricity Reliability Corporation, and the Federal 
Energy Regulatory Commission, conduct an assessment of 
the status of access to electricity by residents on Indian 
land, and the reliability of electric service available to resi-
dents on Indian land, as compared to the status of access 
to and reliability of electricity within neighboring States 
or within the State in which Indian land is located. 
(b) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Secretary of Energy 
shall submit to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a report on 
the results of the assessment conducted under subsection 
(a), which shall include— 
(1) a description of generation, transmission, 
and distribution assets available to provide electricity 
to Tribal communities; 
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(2) percentage of households residing in Tribal 
communities or on Indian land that do not have ac-
cess to electricity; 
(3) the potential of distributed energy resources 
to provide electricity to residents of Tribal commu-
nities or households residing on Indian land; 
(4) the potential for tribally owned utilities or 
electric utility assets to participate in or benefit 
from regional electricity markets; 
(5) a description of the barriers to providing ac-
cess to electric service to households residing in 
Tribal communities or on Indian land; and 
(6) recommendations to improve access to and 
reliability of electric service for residents of Tribal 
communities or households residing on Indian land. 
Æ 
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