Title: Tribal Energy Reauthorization Act
Policy area: Native Americans

Summary:
Tribal Energy Reauthorization Act
This bill reauthorizes through FY2030 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
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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2610 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2610

   To reauthorize certain programs under the Office of Indian Energy 
    Policy and Programs of the Department of Energy, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2019

  Ms. Murkowski (for herself and Ms. Smith) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To reauthorize certain programs under the Office of Indian Energy 
    Policy and Programs of the Department of Energy, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Energy Reauthorization Act''.

SEC. 2. INDIAN ENERGY.

    (a) Definitions.--Section 2601 of the Energy Policy Act of 1992 (25 
U.S.C. 3501) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``25 U.S.C. 
                450b'' and inserting ``25 U.S.C. 5304''; and
                    (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' has the meaning given the 
        term in section 3 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1602).'';
            (4) in paragraph (13) (as so redesignated)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (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' has the meaning given the 
        term `tribally designated housing entity' in section 4 of the 
        Native American Housing Assistance and Self-Determination Act 
        of 1996 (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)) is amended--
            (1) in paragraph (1), by inserting ``and tribal energy 
        development organizations'' after ``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'' and 
                inserting the following: ``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)); and
                            ``(ii) for''; and
                    (C) in clause (ii) (as so designated)--
                            (i) in subclause (II) (as so redesignated), 
                        by striking ``on Indian land'' and inserting 
                        ``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'' and inserting the following: ``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'' and inserting ``that satisfy item (aa) 
                        or (bb) of subclause (IV)'';
                    (D) by striking ``(2) In carrying out'' and 
                inserting the following:
            ``(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) shall not apply 
                        to grants awarded under this paragraph.'';
            (3) in paragraph (5)--
                    (A) in subparagraph (B), by inserting ``or tribal 
                energy development organization'' after ``tribe''; and
                    (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'' and inserting ``$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)) is amended 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 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) is amended 
by adding at the end the following:
    ``(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)), 
        partner with local and regional organizations.
    ``(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)) to ensure that 
Indian tribes and Native villages are aware of relevant grants and 
funding opportunities across all Federal agencies.
    ``(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, the 
        Director shall develop, and submit to Congress a report 
        describing, a strategy, to be known as the `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' and dated April 2015.''.
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