II 118th CONGRESS 2d Session S. 5635 IN THE SENATE OF THE UNITED STATES December 19 (legislative day, December 16), 2024 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy Act of 1992 with respect to the Department of Energy Tribal loan guarantee program, and for other purposes.

1. Short title This Act may be cited as the Tribal Energy Fairness Act of 2024 . 2. Department of Energy Tribal energy programs (a) Department of Energy Tribal loan guarantee program (1) In general Section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) ) is amended by adding at the end the following: (8) (A) At the request of an applicant, and subject to subparagraph (B), the Secretary of Energy may use funds appropriated to the Secretary of Energy to carry out financial and technical assessments, and related activities, in connection with applications for loans and loan guarantees under this subsection to support eligible projects, including renewable energy and transmission projects on or near Indian land and eligible projects carried out outside Indian land. (B) The Secretary of Energy may use not more than $500,000 to carry out financial and technical assessments under subparagraph (A) for any 1 application for a loan or loan guarantee under this subsection. . (2) Denial of double benefit restriction (A) In general Section 50145(a) of Public Law 117–169 (136 Stat. 2045) is amended by striking , subject to the limitations that apply to loan guarantees under section 50141(d) . (B) Additional DOE Tribal programs Section 50141(d)(3) of Public Law 117–169 (136 Stat. 2043) is amended— (i) in subparagraph (C), by striking or at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (E) projects carried out by an Indian Tribe on or near Indian land or outside Indian land. . (b) Preventing outages and enhancing the resilience of the electric grid Section 40101 of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18711 ) is amended— (1) in subsection (d)— (A) in paragraph (2)— (i) by striking subparagraph (A) and inserting the following: (A) In general For each fiscal year, to be eligible to receive a grant under this subsection— (i) a State shall submit to the Secretary an application that includes a plan described in subparagraph (B); and (ii) an Indian Tribe shall submit to the Secretary an application, which shall include— (I) a plan that describes how the Indian Tribe will use the proposed funding for projects if the Indian Tribe will be executing the projects; or (II) a plan described in subparagraph (B), if the Indian Tribe intends to award grants to eligible entities with amounts made available to the Indian Tribe under this subsection. ; and (ii) in subparagraph (B)— (I) in the subparagraph heading, by striking required and inserting described ; (II) in the matter preceding clause (i), by inserting , as applicable, after Indian Tribe ; and (III) in clause (iii), by inserting , as applicable after Indian Tribe ; (B) by striking paragraph (4) and inserting the following: (4) Oversight The Secretary shall ensure that each grant provided to a State or an Indian Tribe, if the Indian Tribe intends to award grants to eligible entities with those grants funds, under the program is allocated pursuant to the applicable plan of the State or Indian Tribe, as applicable. ; (C) in paragraph (5), by inserting , as applicable, after made available to the applicable State or Indian Tribe ; (D) in paragraph (6), by inserting , as applicable, after made available to the State or Indian Tribe ; (E) in paragraph (7), in the matter preceding subparagraph (A), by striking or Indian Tribe each place it appears; (F) in paragraph (8)— (i) by striking and Indian Tribe ; and (ii) by striking or Indian Tribe ; and (G) by adding at the end the following: (9) Savings provision Nothing in this subsection requires an Indian Tribe to award grants to eligible entities described in any of subparagraphs (A) through (F) of subsection (a)(2) with amounts made available to the Indian Tribe under this subsection. ; (2) in subsection (e)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting Indian Tribe or before eligible entity ; and (ii) in subparagraph (H)— (I) in clause (i), by striking and at the end; (II) in clause (ii), by adding and at the end; and (III) by adding at the end the following: (iii) distributed generation; ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting Indian Tribe or before eligible entity ; and (II) in clause (i)(I), by inserting transmission system-connected before electric generating ; and (ii) in subparagraph (B)— (I) in clause (i), by inserting Indian Tribe or before eligible entity ; and (II) in clause (ii), by inserting Indian Tribe or before eligible entity ; and (3) in subsection (h)— (A) in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3) ; and (B) by adding at the end the following: (3) Indian Tribes An Indian Tribe that receives or awards a grant under subsection (d) or an eligible entity described in subsection (a)(2) that is owned by an Indian Tribe and receives a grant under subsection (c) shall not be required to match any amount of the applicable grant. . (c) Cost-Sharing exemption under the Energy Policy Act of 2005 Section 988(f) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(f) ) is amended— (1) in paragraph (2), by striking or at the end; (2) in paragraph (3)(B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (4) a grant awarded to an Indian Tribe under section 40101(d) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18711(d) ). .