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25 U.S.C. § 3502 — Indian tribal energy resource development
Federal law — U.S. Code and appendices · legal_authorities
**(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 ma
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Source location: Title 25, Chapter 37, § 3502; chapter-037-indian-energy.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16352&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section661a&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
At the written request of a Senator, the Director shall, to the extent practicable, prepare an estimate of the direct costs of a Federal intergovernmental mandate contained in an amendment of such Senator.
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 661a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary is authorized to establish a Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Department and National Laboratories.
**(b) Service requirement** The Secretary may require that an individual receiving a scholarship under this section serve as a full-time employee of the Department or a National Laboratory for a fixed period in return for receiving the scholarship.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16352
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “Director” means the Director of the Office of Indian Energy Policy and Programs, Department of Energy.
(2) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602/b&num=0&edition=prelim))); 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.
(3) The term “Indian reservation” includes—
(A) an Indian reservation in existence in any State or States as of August 8, 2005;
(B) a public domain Indian allotment; and
(C) a dependent Indian community located within the borders of the United States, regardless of whether the community is
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Office of Clean Energy Demonstrations** In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Office of Clean Energy Demonstrations, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,812,000,000, to remain available through September 30, 2026, to carry out this section.
**(b) Financial assistance** The Secretary shall use funds appropriated by subsection (a) to provide financial assistance, on a competitive basis, to eligible entities to carry out projects for—
(1) the purchase and installation, or implementation, of advanced industrial technology at an eligible facility;
(2) retrofits, upgrades to, or operational improvements at an eligible facility to install or implement advanced industrial technology; or
(3) engineering studies and other work needed to prepare an eligible facility for activities described in paragraph (1) or (2).
**(c) Application** To be eligible to receive financial assistance under subsection (b), an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the expected greenhouse gas emissions reductions to be achieved by carrying out the project.
**(d) Priority** In providing financial assistance under subsection (b), the Secretary shall give priority consideration to projects on the basis of, as determined by the Secretary—
(1) the expected greenhouse gas emissions reductions to be achieved by carrying out the project;
(2) the extent to which the project would provide the greatest benefit for the greatest number of people within the area in which the eligible facility is located; and
(3) whether the eligible entity participates or would parti
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 17122
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Federal law — U.S. Code and appendices · legal_authorities
Page 584
TITLE 25—INDIANS
§ 3502
ment of energy resources and is wholly
owned by an Indian tribe (including an orga-
nization incorporated pursuant to section
5124 of this title or section 5203 of this title);
and
(B) any organization of two or more enti-
ties, at least one of which is an Indian tribe,
that has the written consent of the gov-
erning bodies of all Indian tribes partici-
pating in the organization to apply for a
grant, loan, or other assistance under sec-
tion 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 sec-
tion 3504 of this title.
(13) The term ‘‘tribal land’’ means any land
or interests in land owned by any Indian tribe,
title to which is held in trust by the United
States, or is subject to a restriction against
alienation under laws of the United States.
(Pub. L. 102–486, title XXVI, § 2601, as added Pub.
L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat.
764; amended Pub. L. 115–325, title I, § 105(a), Dec.
18, 2018, 132 Stat. 4455; Pub. L. 116–260, div. Z,
title VIII, § 8013(a), Dec. 27, 2020, 134 Stat. 2592.)
Editorial Notes
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred
to in par. (2)(C), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat.
688, which is classified generally to chapter 33 (§ 1601 et
seq.) of Title 43, Public Lands. For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 1601 of Title 43 and Tables.
The Indian Self-Determination and Education Assist-
ance Act, referred to in pars. (4)(A) and (9)(A), is Pub.
L. 93–638, Jan. 4, 1975, 88 Stat. 2203. Titles I and IV of
the Act are classified principally to subchapter I (§ 5321
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 3502
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