25 U.S.C. § 3502

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3502 - Indian tribal energy resource development

(a) Department of the Interior program

(1) To assist Indian tribes in the development of energy resources and further the goal of Indian self-determination, the Secretary shall establish and implement an Indian energy resource development program to assist consenting Indian tribes and tribal energy development organizations in achieving the purposes of this chapter.

(2) In carrying out the Program, the Secretary shall-

(A) provide development grants to Indian tribes and tribal energy development organizations for use in developing or obtaining the managerial and technical capacity needed to develop energy resources on Indian land, and to properly account for resulting energy production and revenues;

(B) provide grants to Indian tribes and tribal energy development organizations for use in carrying out projects to promote the integration of energy resources, and to process, use, or develop those energy resources, on Indian land;

(C) provide low-interest loans to Indian tribes and tribal energy development organizations for use in the promotion of energy resource development on Indian land and integration of energy resources;

(D) provide grants and technical assistance to an appropriate tribal environmental organization, as determined by the Secretary, that represents multiple Indian tribes to establish a national resource center to develop tribal capacity to establish and carry out tribal environmental programs in support of energy-related programs and activities under this chapter, including-

(i) training programs for tribal environmental officials, program managers, and other governmental representatives;

(ii) the development of model environmental policies and tribal laws, including tribal environmental review codes, and the creation and maintenance of a clearinghouse of best environmental management practices; and

(iii) recommended standards for reviewing the implementation of tribal environmental laws and policies within tribal judicial or other tribal appeals systems; and

(E) consult with each applicable Indian tribe before adopting or approving a well spacing program or plan applicable to the energy resources of that Indian tribe or the members of that Indian tribe.

(3) There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2006 through 2016.

(4) PLANNING.-

(A) IN GENERAL.-In carrying out the program established by paragraph (1), the Secretary shall provide technical assistance to interested Indian tribes to develop energy plans, including-

(i) plans for electrification;

(ii) plans for oil and gas permitting, renewable energy permitting, energy efficiency, electricity generation, transmission planning, water planning, and other planning relating to energy issues;

(iii) plans for the development of energy resources and to ensure the protection of natural, historic, and cultural resources; and

(iv) any other plans that would assist an Indian tribe in the development or use of energy resources.

(B) COOPERATION.-In establishing the program under paragraph (1), the Secretary shall work in cooperation with the Office of Indian Energy Policy and Programs of the Department of Energy.

(b) Department of Energy Indian energy education planning and management assistance program

(1) The Director shall establish programs to assist consenting Indian tribes in meeting energy education, research and development, planning, and management needs.

(2) In carrying out this subsection, the Director may provide grants, on a competitive basis, to an Indian tribe, intertribal organization, or tribal energy development organization for use in carrying out-

(A) energy, energy efficiency, and energy conservation programs;

(B) studies and other activities supporting tribal acquisitions of energy supplies, services, and facilities, including the creation of tribal utilities to assist in securing electricity to promote electrification of homes and businesses on Indian land;

(C) activities to increase the capacity of Indian tribes to manage energy development and energy efficiency programs;

(D) planning, construction, development, operation, maintenance, and improvement of tribal electrical generation, transmission, and distribution facilities located on Indian land; and

(E) development, construction, and interconnection of electric power transmission facilities located on Indian land with other electric transmission facilities.

(3) TECHNICAL AND SCIENTIFIC RESOURCES.-In addition to providing grants to Indian tribes under this subsection, the Secretary shall collaborate with the Directors of the National Laboratories in making the full array of technical and scientific resources of the Department of Energy available for tribal energy activities and projects.

(4)

(A) The Director shall develop a program to support and implement research projects that provide Indian tribes with opportunities to participate in carbon sequestration practices on Indian land, including-

(i) geologic sequestration;

(ii) forest sequestration;

(iii) agricultural sequestration; and

(iv) any other sequestration opportunities the Director considers to be appropriate.

(B) The activities carried out under subparagraph (A) shall be-

(i) coordinated with other carbon sequestration research and development programs conducted by the Secretary of Energy;

(ii) conducted to determine methods consistent with existing standardized measurement protocols to account and report the quantity of carbon dioxide or other greenhouse gases sequestered in projects that may be implemented on Indian land; and

(iii) reviewed periodically to collect and distribute to Indian tribes information on carbon sequestration practices that will increase the sequestration of carbon without threatening the social and economic well-being of Indian tribes.

(5)

(A) The Director, in consultation with Indian tribes, may develop a formula for providing grants under this subsection.

(B) In providing a grant under this subsection, the Director shall give priority to any application received from an Indian tribe with inadequate electric service (as determined by the Director).

(C) In providing a grant under this subsection for an activity to provide, or expand the provision of, electricity on Indian land, the Director shall encourage cooperative arrangements between Indian tribes and utilities that provide service to Indian tribes, as the Director determines to be appropriate.

(D) The Secretary of Energy may reduce any applicable cost share required of an Indian tribe, intertribal organization, or tribal energy development organization in order to receive a grant under this subsection to not less than 10 percent if the Indian tribe, intertribal organization, or tribal energy development organization meets criteria developed by the Secretary of Energy, including financial need.

(E) Section 16352 of title 42 shall not apply to assistance provided under this subsection.

(6) The Secretary of Energy may issue such regulations as the Secretary determines to be necessary to carry out this subsection.

(7) There is authorized to be appropriated to carry out this subsection $30,000,000 for each of fiscal years 2021 through 2025.

(c) Department of Energy loan guarantee program

(1) Subject to paragraphs (2) and (4), the Secretary of Energy may provide loan guarantees (as defined in section 661a of title 2, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)) for the unpaid principal and interest due on any loan made to an Indian tribe or a tribal energy development organization for energy development.

(2) In providing a loan guarantee under this subsection for an activity to provide, or expand the provision of, electricity on Indian land, the Secretary of Energy shall encourage cooperative arrangements between Indian tribes and utilities that provide service to Indian tribes, as the Secretary determines to be appropriate.

(3) A loan guaranteed under this subsection shall be made by-

(A) a financial institution subject to examination by the Secretary of Energy;

(B) an Indian tribe, from funds of the Indian tribe; or

(C) a tribal energy development organization, from funds of the tribal energy development organization.

(4) The aggregate outstanding amount guaranteed by the Secretary of Energy at any time under this subsection shall not exceed $20,000,000,000.

(5) Not later than 1 year after December 18, 2018, the Secretary of Energy shall issue such regulations as the Secretary of Energy determines are necessary to carry out this subsection.

(6) There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended.

(7) Not later than 1 year after August 8, 2005, the Secretary of Energy shall submit to Congress a report on the financing requirements of Indian tribes for energy development on Indian land.

(d) Preference

(1) In purchasing electricity or any other energy product or byproduct, a Federal agency or department may give preference to an energy and resource production enterprise, partnership, consortium, corporation, or other type of business organization the majority of the interest in which is owned and controlled by 1 or more Indian tribes.

(2) In carrying out this subsection, a Federal agency or department shall not-

(A) pay more than the prevailing market price for an energy product or byproduct; or

(B) obtain less than prevailing market terms and conditions.

25 U.S.C. § 3502

Pub. L. 102-486, title XXVI, §2602, as added Pub. L. 109-58, title V, §503(a), Aug. 8, 2005, 119 Stat. 765; amended Pub. L. 115-325, title I, §§101, Dec. 18, 2018, 104, Dec. 18, 2018, 105, Dec. 18, 2018, 132 Stat. 4445, 4455, 4456; Pub. L. 116-260, div. Z, title VIII, §8013(b), (c), Dec. 27, 2020, 134 Stat. 2592, 2593; Pub. L. 117-169, title V, §50145(b), Aug. 16, 2022, 136 Stat. 2046.

EDITORIAL NOTES

CODIFICATIONAugust 8, 2005, referred to in subsec. (c)(7), was in the original "the date of enactment of this section", which was translated as meaning the date of enactment of Pub. L. 109-58 which amended this chapter generally, to reflect the probable intent of Congress.

PRIOR PROVISIONSA prior section 3502,Pub. L. 102-486, title XXVI, §26023502,, 106 Stat. 3113, related to tribal consultation in implementing provisions, prior to the general amendment of this chapter by Pub. L. 109-58.

AMENDMENTS2022-Subsec. (c)(1). Pub. L. 117-169 substituted ", except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)) for" for ") for an amount equal to not more than 90 percent of".Subsec. (c)(4). Pub. L. 117-169, §50145(b)(2), substituted "$20,000,000,000" for "$2,000,000,000".2020-Subsec. (b)(5)(D), (E). Pub. L. 116-260, §8013(b), added subpars. (D) and (E).Subsec. (b)(7). Pub. L. 116-260, §8013(c), substituted "$30,000,000 for each of fiscal years 2021 through 2025" for "$20,000,000 for each of fiscal years 2006 through 2016".2018-Subsec. (a)(1). Pub. L. 115-325, §105(b)(1)(A), substituted "tribal energy development organizations" for "tribal energy resource development organizations".Subsec. (a)(2). Pub. L. 115-325, §105(b)(1)(B), substituted "tribal energy development organizations" for "tribal energy resource development organizations" wherever appearing.Subsec. (a)(2)(E). Pub. L. 115-325, §101(a)(1), added subpar. (E).Subsec. (a)(4). Pub. L. 115-325, §101(a)(2), added par. (4).Subsec. (b)(2). Pub. L. 115-325, §§101(b)(1), 105, substituted "Indian tribe, intertribal organization, or tribal energy development organization" for "Indian tribe or tribal energy resource development organization" in introductory provisions.Subsec. (b)(2)(C) to (E). Pub. L. 115-325, §101(b)(2), (3), added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively.Subsec. (b)(3) to (7). Pub. L. 115-325, §104, added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively.Subsec. (c)(1). Pub. L. 115-325, §101(c)(1), inserted "or a tribal energy development organization" after "Indian tribe".Subsec. (c)(3). Pub. L. 115-325, §101(c)(2)(A), substituted "guaranteed" for "guarantee" in introductory provisions.Subsec. (c)(3)(C). Pub. L. 115-325, §101(c)(2)(B)-(D), added subpar. (C).Subsec. (c)(5). Pub. L. 115-325, §101(c)(3), substituted "Not later than 1 year after December 18, 2018, the Secretary of Energy shall" for "The Secretary of Energy may".

STATUTORY NOTES AND RELATED SUBSIDIARIES

TRIBAL ENERGY LOAN GUARANTEE PROGRAM Pub. L. 117-328, 136 Stat. 4637, provided in part: "That in this fiscal year and subsequent fiscal years, under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the Secretary of Energy may also provide direct loans, as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a) : Provided further, That such direct loans shall be made through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest: Provided further, That any funds previously appropriated for the cost of loan guarantees under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may also be used, in this fiscal year and subsequent fiscal years, for the cost of direct loans provided under such section of such Act".

Director: The term "Director" means the Director of the Office of Indian Energy Policy and Programs, Department of Energy.
Indian land: The term "Indian land" means-(A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria;(B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held-(i) in trust by the United States for the benefit of an Indian tribe or an individual Indian;(ii) by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or(iii) by a dependent Indian community;(C) land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), or that was conveyed by the United States to a Native Corporation in exchange for such land;(D) any land located in a census tract in which the majority of residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)) ); and(E) any land located in a census tract in which the majority of residents are persons who are enrolled members of a federally recognized Tribe or village.
Program: The term "Program" means the Indian energy resource development program established under section 3502(a) of this title.
Secretary: The term "Secretary" means the Secretary of the Interior.
integration of energy resources: The term "integration of energy resources" means any project or activity that promotes the location and operation of a facility (including any pipeline, gathering system, transportation system or facility, or electric transmission or distribution facility) on or near Indian land to process, refine, generate electricity from, or otherwise develop energy resources on, Indian land.
organization: The term "organization" means a partnership, joint venture, limited liability company, or other unincorporated association or entity that is established to develop Indian energy resources.
sequestration: The term "sequestration" means the long-term separation, isolation, or removal of greenhouse gases from the atmosphere, including through a biological or geologic method such as reforestation or an underground reservoir.
tribal energy development organization: The term "tribal energy development organization" means-(A) any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged in the development of energy resources and is wholly owned by an Indian tribe (including an organization incorporated pursuant to section 5124 of this title or section 5203 of this title); and(B) any organization of two or more entities, at least one of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance under section 3502 of this title or to enter into a lease or business agreement with, or acquire a right-of-way from, an Indian tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of section 3504 of this title.