[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5635 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5635
To amend the Energy Policy Act of 1992 with respect to the Department
of Energy Tribal loan guarantee program, and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Energy Fairness Act of
2024''.
SEC. 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)).''.
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