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S. 425 (is) To require the approval of Congress for the imposition of any new unilateral agricultural sanction, or any new unilateral sanction with respect to medicine, medical supplies, or medical equipment, against a foreign country. [Introduced in Sena...


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108th CONGRESS
  1st Session
                                 S. 424

  To establish, reauthorize, and improve energy programs relating to 
                             Indian tribes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2003

 Mr. Bingaman (for himself, Mr. Inouye, Mr. Campbell, and Mr. Daschle) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To establish, reauthorize, and improve energy programs relating to 
                             Indian tribes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Tribal Energy 
Self-Sufficiency Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
                         TITLE I--INDIAN ENERGY

Sec. 101. Comprehensive Indian energy program.
Sec. 102. Office of Indian Energy Policy and Programs.
Sec. 103. Siting of energy facilities on tribal land.
Sec. 104. Indian mineral development review.
Sec. 105. Renewable energy study.
Sec. 106. Federal power marketing administrations.
Sec. 107. Feasibility study for combined wind and hydropower 
                            demonstration project.
Sec. 108. Transmission line demonstration project.
        TITLE II--RENEWABLE ENERGY AND RURAL CONSTRUCTION GRANTS

Sec. 201. Renewable energy production incentive.
  TITLE III--ENERGY EFFICIENCY AND ASSISTANCE TO LOW-INCOME CONSUMERS

Sec. 301. Low-income community energy efficiency pilot program.
Sec. 302. Rural and remote community electrification grants.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of Energy.

                         TITLE I--INDIAN ENERGY

SEC. 101. COMPREHENSIVE INDIAN ENERGY PROGRAM.

    Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et 
seq.) is amended by adding after section 2606 the following:

``SEC. 2607. COMPREHENSIVE INDIAN ENERGY PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Office of Indian Energy Policy and Programs of the 
        Department of Energy.
            ``(2) Indian land.--The term `Indian land' means--
                    ``(A) any land within the limits of an Indian 
                reservation, pueblo, or rancheria;
                    ``(B) any land not within the limits of an Indian 
                reservation, pueblo, or rancheria, title to which is 
                held--
                            ``(i) in trust by the United States for the 
                        benefit of an Indian tribe;
                            ``(ii) by an Indian tribe subject to 
                        restriction by the United States against 
                        alienation; or
                            ``(iii) by a dependent Indian community; 
                        and
                    ``(C) land conveyed to an Alaska Native corporation 
                under the Alaska Native Claims Settlement Act (43 
                U.S.C. 1601 et seq.).
    ``(b) Indian Energy Education Planning and Management Assistance.--
            ``(1) In general.--The Director shall establish programs 
        within the Office of Indian Energy Policy and Programs to 
        assist Indian tribes in meeting energy education, research and 
        development, planning, and management needs.
            ``(2) Grants.--In carrying out this section, the Director 
        may provide grants, on a competitive basis, to an Indian tribe 
        for use in carrying out--
                    ``(A) renewable energy, nonrenewable energy, energy 
                efficiency, and energy conservation programs;
                    ``(B) studies and other activities supporting 
                tribal acquisition of energy supplies, services, and 
                facilities;
                    ``(C) planning, construction, development, 
                operation, maintenance, and improvement of tribal 
                electrical generation, transmission, and distribution 
                facilities located on Indian land; and
                    ``(D) development, construction, and 
                interconnection of electric power transmission 
                facilities located on Indian land with other electric 
                transmission facilities.
            ``(3) Formula.--
                    ``(A) In general.--The Director may develop, in 
                consultation with Indian tribes, a formula for 
                providing grants under this section.
                    ``(B) Considerations.--In developing a formula 
                under subparagraph (A), the Director may take into 
                account--
                            ``(i) the number of acres of Indian land 
                        owned by an Indian tribe;
                            ``(ii) the number of households on the 
                        Indian land of an Indian tribe;
                            ``(iii) the number of households on the 
                        Indian land of an Indian tribe that have no 
                        electric service or are underserved; and
                            ``(iv) financial or other assets available 
                        to the Indian tribe from any source.
            ``(4) Priority.--In providing a grant under this 
        subsection, the Director shall give priority to an application 
        received from an Indian tribe with inadequate electric service 
        (as determined by the Director).
            ``(5) Regulations.--The Secretary may promulgate such 
        regulations as the Secretary determines are necessary to carry 
        out this subsection.
            ``(6) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this section 
        $20,000,000 for each of fiscal years 2003 through 2010.
    ``(c) Loan Guarantee Program.--
            ``(1) Authority.--Subject to paragraph (3), the Secretary 
        may provide loan guarantees (as defined in section 502 of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a) for not more 
        than 90  percent of the unpaid principal and interest due on 
any loan made to any Indian tribe for--
                    ``(A) energy development (including the planning, 
                development, construction, and maintenance of 
                electrical generation plants); and
                    ``(B) for transmission and delivery mechanisms for 
                electricity produced on Indian land.
            ``(2) Lenders.--A loan guaranteed under this subsection 
        shall be made by--
                    ``(A) a financial institution subject to 
                examination by the Secretary; or
                    ``(B) an Indian tribe, from funds of the Indian 
                tribe.
            ``(3) Limitation on amount.--The aggregate outstanding 
        amount guaranteed by the Secretary of Energy at any time under 
        this subsection shall not exceed $2,000,000,000.
            ``(4) Regulations.--The Secretary may promulgate such 
        regulations as the Secretary determines are necessary to carry 
        out this subsection.
            ``(5) Funding.--
                    ``(A) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are 
                necessary to carry out this subsection.
                    ``(B) Availability.--Funds made available under 
                subparagraph (A) shall remain available until expended.
    ``(d) Indian Energy Preference.--
            ``(1) In general.--A Federal agency or department may give, 
        in the purchase of electricity, oil, gas, coal, or any other 
        energy product or byproduct, preference in the purchase to an 
        energy and resource production enterprise, partnership, 
        corporation, or other type of business organization the 
        majority of the interest in which is owned and controlled by an 
        Indian tribe.
            ``(2) Price of products.--In carrying out this subsection, 
        a Federal agency or department shall--
                    ``(A) pay not more than the prevailing market price 
                for an energy product or byproduct; and
                    ``(B) shall obtain not less than existing market 
                terms and conditions.''.

SEC. 102. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.

    (a) In General.--Title II of the Department of Energy Organization 
Act (7 U.S.C. 7131 et seq.) is amended by adding at the end the 
following:

``SEC. 217. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the 
        Department an Office of Indian Energy Policy and Programs 
        (referred to in this section as the `Office').
            ``(2) Director.--The Office shall be headed by a Director, 
        who shall be--
                    ``(A) appointed by the Secretary; and
                    ``(B) compensated at a rate equal to that of level 
                IV of the Executive Schedule under section 5315 of 
                title 5, United States Code.
    ``(b) Duties of Director.--The Director shall--
            ``(1) in accordance with Federal policies for the promotion 
        of tribal sovereignty and self-determination, provide, direct, 
        foster, coordinate, and implement energy planning, education, 
        management, conservation, and delivery programs of the 
        Department that--
                    ``(A) promote tribal energy efficiency and use;
                    ``(B) modernize and develop, for the benefit of 
                Indian tribes, tribal energy and economic 
                infrastructure relating to natural resource development 
                and electrification;
                    ``(C) lower or stabilize energy costs; and
                    ``(D) electrify tribal land and the homes of tribal 
                members; and
            ``(2) carry out the duties assigned to the Secretary or the 
        Director under title XXVI of the Energy Policy Act of 1992 (25 
        U.S.C. 3501 et seq.).''.
    (b) Conforming Amendments.--
            (1) Authorization of appropriations.--Section 2603 of the 
        Energy Policy Act of 1992 (25 U.S.C. 3503) is amended by 
        striking subsection (c) and inserting the following:
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $10,000,000 for 
each of fiscal years 2003 through 2010.''.
            (2) Table of contents.--The table of contents of the 
        Department of Energy Organization Act (42 U.S.C. prec. 7101) is 
        amended--
                    (A) in the item relating to section 209, by 
                striking ``Section'' and inserting ``Sec.''; and
                    (B) by striking the items relating to sections 213 
                through 216 and inserting the following:

``Sec. 213. Establishment of policy for National Nuclear Security 
                            Administration.
``Sec. 214. Establishment of security, counterintelligence, and 
                            intelligence policies.
``Sec. 215. Office of Counterintelligence.
``Sec. 216. Office of Intelligence.
``Sec. 217. Office of Indian Energy Policy and Programs.''.
            (3) Executive schedule.--Section 5315 of title 5, United 
        States Code, is amended by inserting ``Director, Office of 
        Indian Energy Policy and Programs, Department of Energy.'' 
        after ``Inspector General, Department of Energy.''.

SEC. 103. SITING OF ENERGY FACILITIES ON TRIBAL LAND.

    (a) Definitions.--In this section:
            (1) Indian tribe.--
                    (A) In general.--The term ``Indian tribe'' means 
                any Indian tribe, band, nation, or other organized 
                group or community that is recognized as being eligible 
                for the special programs and services provided by the 
                United States to Indians because of their status as 
                Indians.
                    (B) Exclusions.--The term ``Indian tribe'' does not 
                include any Regional Corporation or Native Corporation 
                (as those terms are defined in section 3 of the Alaska 
                Native Claims Settlement Act (43 U.S.C. 1602)).
            (2) Interested party.--The term ``interested party'' means 
        a State or other person the interests of which could be 
        adversely affected by a decision of  an Indian tribe to grant a 
lease or right-of-way in accordance with this section.
            (3) Petition.--The term ``petition'' means a written 
        request submitted to the Secretary for the review of an action 
        (including inaction) of an Indian tribe that is claimed to be 
        in violation of tribal regulations approved under subsection 
        (f).
            (4) Reservation.--The term ``reservation'' means--
                    (A) with respect to a reservation in a State other 
                than the State of Oklahoma, all land that has been set 
                aside or that has been acknowledged as having been set 
                aside by the United States for the use of an Indian 
                tribe, the exterior boundaries of which are more 
                particularly defined in a final tribal treaty, 
                agreement, executive order, Federal statute, 
                secretarial order, or judicial determination; and
                    (B) with respect to a reservation in the State of 
                Oklahoma, all land that is--
                            (i) within the jurisdictional area of an 
                        Indian tribe; and
                            (ii) within the boundaries of the last 
                        reservation of the Indian tribe that was 
                        established by treaty, executive order, or 
                        secretarial order.
            (5) Secretary.--The term `Secretary' means the Secretary of 
        the Interior.
            (6) Tribal land.--The term `tribal land' means any--
                    (A) tribal trust land; or
                    (B) other land owned by an Indian tribe that is 
                located within the reservation of the Indian tribe.
    (b) Leases Involving Electric Generation, Transmission, 
Distribution, or Processing Facilities.--

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