| Home > 106th Congressional Bills > 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...
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...
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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