Section 3505 - Federal power marketing administrations(a) DefinitionsIn this section:
(1) The term "Administrator" means the Administrator of the Bonneville Power Administration and the Administrator of the Western Area Power Administration.(2) The term "power marketing administration" means-(A) the Bonneville Power Administration;(B) the Western Area Power Administration; and(C) any other power administration the power allocation of which is used by or for the benefit of an Indian tribe located in the service area of the administration.(b) Encouragement of Indian tribal energy developmentEach Administrator shall encourage Indian tribal energy development by taking such actions as the Administrators determine to be appropriate, including administration of programs of the power marketing administration, in accordance with this section.
(c) Action by AdministratorsIn carrying out this section, in accordance with laws in existence on August 8, 2005-
(1) each Administrator shall consider the unique relationship that exists between the United States and Indian tribes;(2) power allocations from the Western Area Power Administration to Indian tribes may be used to meet firming and reserve needs of Indian-owned energy projects on Indian land;(3) the Administrator of the Western Area Power Administration may purchase non-federally generated power from Indian tribes to meet the firming and reserve requirements of the Western Area Power Administration; and(4) each Administrator shall not-(A) pay more than the prevailing market price for an energy product; or(B) obtain less than prevailing market terms and conditions.(d) Assistance for transmission system use(1) An Administrator may provide technical assistance to Indian tribes seeking to use the high-voltage transmission system for delivery of electric power.(2) The costs of technical assistance provided under paragraph (1) shall be funded-(A) by the Secretary of Energy using nonreimbursable funds appropriated for that purpose; or(B) by any appropriate Indian tribe.(e) Power allocation studyNot later than 2 years after August 8, 2005, the Secretary of Energy shall submit to Congress a report that-
(1) describes the use by Indian tribes of Federal power allocations of the power marketing administration (or power sold by the Southwestern Power Administration) to or for the benefit of Indian tribes in a service area of the power marketing administration; and(2) identifies-(A) the quantity of power allocated to, or used for the benefit of, Indian tribes by the Western Area Power Administration;(B) the quantity of power sold to Indian tribes by any other power marketing administration; and(C) barriers that impede tribal access to and use of Federal power, including an assessment of opportunities to remove those barriers and improve the ability of power marketing administrations to deliver Federal power.(f) Authorization of appropriationsThere are authorized to be appropriated to carry out this section $750,000, non-reimbursable, to remain available until expended.
Pub. L. 102-486, title XXVI, §2605, as added Pub. L. 109-58, title V, §503(a), Aug. 8, 2005, 119 Stat. 776.EDITORIAL NOTES
PRIOR PROVISIONSA prior section 3505,Pub. L. 102-486, title XXVI, §26053505,, 106 Stat. 3115; Pub. L. 103-437, §10(e)(1), (2) (D), Nov. 2, 1994, 108 Stat. 4589, related to Indian Energy Resource Commission, prior to the general amendment of this chapter by Pub. L. 109-58.
- 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.
- Secretary
- The term "Secretary" means the Secretary of the Interior.