25 U.S.C. § 3506 (INDIANS)
§ 3506. 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 hydropower generated by the Army Corps of Engineers on the Missouri River to supply firming power to the Western Area Power Administration.
(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, patterns of availability and use of, and reasons for historical patterns 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
(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 August 8, 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 hydropower;
(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 Administration, in partnership with an Indian tribal government or tribal energy development organization, and Western Area Power Administration customers to demonstrate the feasibility 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 benefits to be realized through, a Federal-tribal-customer partnership; 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 authorized to be appropriated to carry out this section $1,000,000, to remain available until expended.
(2) Nonreimbursability
Costs incurred by the Secretary in carrying out this section shall be nonreimbursable.
(Pub. L. 102–486, title XXVI, § 2606, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 777; amended Pub. L. 115–325, title I, § 105(c), Dec. 18, 2018, 132 Stat. 4456.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 3506, Pub. L. 102–486, title XXVI, § 2606, Oct. 24, 1992, 106 Stat. 3118, related to tribal government energy assistance program, prior to the general amendment of this chapter by Pub. L. 109–58.
heading: Amendments
text: 2018—Subsec. (c)(3). Pub. L. 115–325 substituted “energy development” for “energy resource development”.