25 U.S.C. § 3502 — Indian tribal energy resource develop-

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 et seq.) and generally to subchapter IV (§ 5361 et seq.), respectively, of chapter 46 of this title. Section 4 of the Act was classified to section 450b of this title prior to editorial reclassification as section 5304 of this title. For complete classification of this Act to the Code, see section 1 of Pub. L. 93–638, set out as a Short Title note under section 5301 of this title and Tables. PRIOR PROVISIONS A prior section 3501, Pub. L. 102–486, title XXVI, § 2601, Oct. 24, 1992, 106 Stat. 3113, defined terms, prior to the general amendment of this chapter by Pub. L. 109–58. AMENDMENTS 2020—Par. (2)(D), (E). Pub. L. 116–260 added subpars. (D) and (E). 2018—Pars. (9) to (11). Pub. L. 115–325, § 105(a)(1), (2), added par. (9) and redesignated former pars. (9) and (10) as (10) and (11), respectively. Former par. (11) redesig- nated (12). Par. (12). Pub. L. 115–325, § 105(a)(3), added par. (12) and struck out former par. (12) which read as follows: ‘‘The term ‘tribal energy resource development organization’ means an organization of two or more entities, at least one of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes par- ticipating in the organization to apply for a grant, loan, or other assistance under section 3502 of this title.’’ Pub. L. 115–325, § 105(a)(1), redesignated par. (11) as (12). Former par. (12) redesignated (13). Par. (13). Pub. L. 115–325, § 105(a)(1), redesignated par. (12) as (13). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–325, § 1, Dec. 18, 2018, 132 Stat. 4445, pro- vided that: ‘‘This Act [enacting sections 167 and 3507 of this title, amending this section, sections 415, 3115a, 3502 to 3504, and 3506 of this title, section 800 of Title 16, Conservation, and section 6863 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 3104 and 3504 of this title and sec- tion 800 of Title 16] may be cited as the ‘Indian Tribal Energy Development and Self-Determination Act Amendments of 2017’.’’ CONSULTATION WITH INDIAN TRIBES Pub. L. 109–58, title V, § 504, Aug. 8, 2005, 119 Stat. 778, provided that: ‘‘In carrying out this title [enacting this chapter, section 7144e of Title 42, The Public Health and Welfare, and subchapter V (§ 16001) of chapter 149 of Title 42, amending section 4132 of this title and section 5315 of Title 5, Government Organization and Employ- ees, and enacting provisions set out as a note under section 15801 of Title 42] and the amendments made by this title, the Secretary [of Energy] and the Secretary of the Interior shall, as appropriate and to the max- imum extent practicable, involve and consult with In- dian tribes.’’ § 3502. Indian tribal energy resource develop- ment (a) Department of the Interior program (1) To assist Indian tribes in the development of energy resources and further the goal of In- dian self-determination, the Secretary shall es- tablish and implement an Indian energy re- source development program to assist con- senting Indian tribes and tribal energy develop- ment 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 organiza- tions 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 pro- duction and revenues; (B) provide grants to Indian tribes and tribal energy development organizations for use in carrying out projects to promote the integra- tion 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 organiza- tions for use in the promotion of energy re- source development on Indian land and inte- gration of energy resources; (D) provide grants and technical assistance to an appropriate tribal environmental organi- zation, 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 en- vironmental programs in support of energy-re- lated programs and activities under this chap- ter, including— (i) training programs for tribal environ- mental officials, program managers, and other governmental representatives; (ii) the development of model environ- mental policies and tribal laws, including Page 585 TITLE 25—INDIANS § 3502 tribal environmental review codes, and the creation and maintenance of a clearinghouse of best environmental management prac- tices; 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 re- sources 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 nec- essary for each of fiscal years 2006 through 2016. (4) PLANNING.— (A) IN GENERAL.—In carrying out the pro- gram established by paragraph (1), the Sec- retary shall provide technical assistance to in- terested Indian tribes to develop energy plans, including— (i) plans for electrification; (ii) plans for oil and gas permitting, renew- able energy permitting, energy efficiency, electricity generation, transmission plan- ning, water planning, and other planning re- lating 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 en- ergy resources. (B) COOPERATION.—In establishing the pro- gram under paragraph (1), the Secretary shall work in cooperation with the Office of Indian Energy Policy and Programs of the Depart- ment of Energy. (b) Department of Energy Indian energy edu- cation planning and management assistance program (1) The Director shall establish programs to assist consenting Indian tribes in meeting en- ergy education, research and development, plan- ning, and management needs. (2) In carrying out this subsection, the Direc- tor 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 busi- nesses on Indian land; (C) activities to increase the capacity of In- dian tribes to manage energy development and energy efficiency programs; (D) planning, construction, development, op- eration, maintenance, and improvement of tribal electrical generation, transmission, and distribution facilities located on Indian land; and (E) development, construction, and inter- connection of electric power transmission fa- cilities located on Indian land with other elec- tric transmission facilities. (3) TECHNICAL AND SCIENTIFIC RESOURCES.—In addition to providing grants to Indian tribes under this subsection, the Secretary shall col- laborate with the Directors of the National Lab- oratories 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 par- ticipate in carbon sequestration practices on In- dian 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 subpara- graph (A) shall be— (i) coordinated with other carbon sequestra- tion research and development programs con- ducted by the Secretary of Energy; (ii) conducted to determine methods con- sistent with existing standardized measure- ment protocols to account and report the quantity of carbon dioxide or other green- house gases sequestered in projects that may be implemented on Indian land; and (iii) reviewed periodically to collect and dis- tribute 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 In- dian 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 applica- tion received from an Indian tribe with inad- equate electric service (as determined by the Di- rector). (C) In providing a grant under this subsection for an activity to provide, or expand the provi- sion of, electricity on Indian land, the Director shall encourage cooperative arrangements be- tween Indian tribes and utilities that provide service to Indian tribes, as the Director deter- mines to be appropriate. (D) The Secretary of Energy may reduce any applicable cost share required of an Indian tribe, intertribal organization, or tribal energy devel- opment 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 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. Page 586 TITLE 25—INDIANS § 3502 (c) Department of Energy loan guarantee pro- gram (1) Subject to paragraphs (2) and (4), the Sec- retary of Energy may provide loan guarantees (as defined in section 661a of title 2, except that a loan guarantee may guarantee any debt obli- gation 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 utili- ties 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 exam- ination by the Secretary of Energy; (B) an Indian tribe, from funds of the Indian tribe; or (C) a tribal energy development organiza- tion, from funds of the tribal energy develop- ment organization. (4) The aggregate outstanding amount guaran- teed 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 deter- mines are necessary to carry out this sub- section. (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 Con- gress a report on the financing requirements of Indian tribes for energy development on Indian land. (d) Preference (1) In purchasing electricity or any other en- ergy 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 busi- ness organization the majority of the interest in which is owned and controlled by 1 or more In- dian 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. (Pub. L. 102–486, title XXVI, § 2602, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 765; amended Pub. L. 115–325, title I, §§ 101, 104, 105(b), Dec. 18, 2018, 132 Stat. 4445, 4455, 4456; Pub. L. 116–260, div. Z, title VIII, § 8013(b), (c), Dec. 27, 2020, 134 Stat. 2592, 2593; Pub. L. 117–169, title V, § 50145(b), Aug. 16, 2022, 136 Stat. 2046.) Editorial Notes CODIFICATION August 8, 2005, referred to in subsec. (c)(7), was in the original ‘‘the date of enactment of this section’’, which was translated as meaning the date of enactment of Pub. L. 109–58, which amended this chapter generally, to reflect the probable intent of Congress. PRIOR PROVISIONS A prior section 3502, Pub. L. 102–486, title XXVI, § 2602, Oct. 24, 1992, 106 Stat. 3113, related to tribal consulta- tion in implementing provisions, prior to the general amendment of this chapter by Pub. L. 109–58. AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–169 substituted ‘‘, except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligi- ble Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)) for’’ for ‘‘) for an amount equal to not more than 90 percent of’’. Subsec. (c)(4). Pub. L. 117–169, § 50145(b)(2), substituted ‘‘$20,000,000,000’’ for ‘‘$2,000,000,000’’. 2020—Subsec. (b)(5)(D), (E). Pub. L. 116–260, § 8013(b), added subpars. (D) and (E). Subsec. (b)(7). Pub. L. 116–260, § 8013(c), substituted ‘‘$30,000,000 for each of fiscal years 2021 through 2025’’ for ‘‘$20,000,000 for each of fiscal years 2006 through 2016’’. 2018—Subsec. (a)(1). Pub. L. 115–325, § 105(b)(1)(A), sub- stituted ‘‘tribal energy development organizations’’ for ‘‘tribal energy resource development organizations’’. Subsec. (a)(2). Pub. L. 115–325, § 105(b)(1)(B), sub- stituted ‘‘tribal energy development organizations’’ for ‘‘tribal energy resource development organizations’’ wherever appearing. Subsec. (a)(2)(E). Pub. L. 115–325, § 101(a)(1), added sub- par. (E). Subsec. (a)(4). Pub. L. 115–325, § 101(a)(2), added par. (4). Subsec. (b)(2). Pub. L. 115–325, §§ 101(b)(1), 105(b)(2), substituted ‘‘Indian tribe, intertribal organization, or tribal energy development organization’’ for ‘‘Indian tribe or tribal energy resource development organiza- tion’’ in introductory provisions. Subsec. (b)(2)(C) to (E). Pub. L. 115–325, § 101(b)(2), (3), added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively. Subsec. (b)(3) to (7). Pub. L. 115–325, § 104, added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively. Subsec. (c)(1). Pub. L. 115–325, § 101(c)(1), inserted ‘‘or a tribal energy development organization’’ after ‘‘In- dian tribe’’. Subsec. (c)(3). Pub. L. 115–325, § 101(c)(2)(A), sub- stituted ‘‘guaranteed’’ for ‘‘guarantee’’ in introductory provisions. Subsec. (c)(3)(C). Pub. L. 115–325, § 101(c)(2)(B)–(D), added subpar. (C). Subsec. (c)(5). Pub. L. 115–325, § 101(c)(3), substituted ‘‘Not later than 1 year after December 18, 2018, the Sec- retary of Energy shall’’ for ‘‘The Secretary of Energy may’’. Statutory Notes and Related Subsidiaries TRIBAL ENERGY LOAN GUARANTEE PROGRAM Pub. L. 117–328, div. D, title III, Dec. 29, 2022, 136 Stat. 4637, provided in part: ‘‘That in this fiscal year and sub- sequent fiscal years, under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), the Secretary of Energy may also provide direct loans, as defined in sec- tion 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided further, That such direct loans shall be made through the Federal Financing Bank, with the full faith and credit of the United States Gov- ernment on the principal and interest: Provided further, That any funds previously appropriated for the cost of Page 587 TITLE 25—INDIANS § 3504 loan guarantees under section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) may also be used, in this fiscal year and subsequent fiscal years, for the cost of direct loans provided under such section of such Act’’. § 3503. Indian tribal energy resource regulation (a) Grants The Secretary may provide to Indian tribes, on an annual basis, grants for use in accordance with subsection (b). (b) Use of funds Funds from a grant provided under this sec- tion may be used— (1)(A) by an Indian tribe for the development of a tribal energy resource inventory or tribal energy resource on Indian land; (B) by an Indian tribe for the development of a feasibility study or other report necessary to the development of energy resources on Indian land; (C) by an Indian tribe (other than an Indian Tribe in the State of Alaska, except the Metlakatla Indian Community) for— (i) the development and enforcement of tribal laws (including regulations) relating to tribal energy resource development; and (ii) the development of technical infra- structure to protect the environment under applicable law; or (D) by a Native Corporation for the develop- ment and implementation of corporate poli- cies and the development of technical infra- structure to protect the environment under applicable law; and (2) by an Indian tribe for the training of em- ployees that— (A) are engaged in the development of en- ergy resources on Indian land; or (B) are responsible for protecting the envi- ronment. (c) Other assistance (1) In carrying out the obligations of the United States under this chapter, the Secretary shall ensure, to the maximum extent practicable and to the extent of available resources, that on the request of an Indian tribe or a tribal energy development organization, the Indian tribe or tribal energy development organization shall have available scientific and technical informa- tion and expertise, for use in the regulation, de- velopment, and management of energy resources of the Indian tribe on Indian land. (2) The Secretary may carry out paragraph (1)— (A) directly, through the use of Federal offi- cials; or (B) indirectly, by providing financial assist- ance to an Indian tribe or tribal energy devel- opment organization to secure independent as- sistance. (Pub. L. 102–486, title XXVI, § 2603, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 768; amended Pub. L. 115–325, title I, § 102, Dec. 18, 2018, 132 Stat. 4447.) Editorial Notes PRIOR PROVISIONS A prior section 3503, Pub. L. 102–486, title XXVI, § 2603, Oct. 24, 1992, 106 Stat. 3114; Pub. L. 105–388, § 10, Nov. 13, 1998, 112 Stat. 3484, related to promotion of energy re- source development and energy vertical integration on Indian reservations, prior to the general amendment of this chapter by Pub. L. 109–58. AMENDMENTS 2018—Subsec. (c)(1). Pub. L. 115–325, § 102(1), sub- stituted ‘‘on the request of an Indian tribe or a tribal energy development organization, the Indian tribe or tribal energy development organization’’ for ‘‘on the request of an Indian tribe, the Indian tribe’’. Subsec. (c)(2)(B). Pub. L. 115–325, § 102(2), inserted ‘‘or tribal energy development organization’’ after ‘‘Indian tribe’’. § 3504. Leases, business agreements, and rights- of-way involving energy development or transmission (a) Leases and business agreements In accordance with this section— (1) an Indian tribe may, at the discretion of the Indian tribe, enter into a lease or business agreement for the purpose of energy resource development on tribal land, including a lease or business agreement for— (A) exploration for, extraction of, proc- essing of, or other development of the en- ergy mineral resources of the Indian tribe located on tribal land; (B) construction or operation of— (i) an electric production, generation, transmission, or distribution facility (in- cluding a facility that produces electricity from renewable energy resources) located on tribal land; or (ii) a facility to process or refine energy resources, at least a portion of which have been developed on or produced from tribal land; or (C) pooling, unitization, or communitization of the energy mineral re- sources of the Indian tribe located on tribal land with any other energy mineral resource (including energy mineral resources owned by the Indian tribe or an individual Indian in fee, trust, or restricted status or by any other persons or entities) if the owner, or, if appropriate, lessee, of the resources has con- sented or consents to the pooling, unitiza- tion, or communitization of the other re- sources under any lease or agreement; and (2) a lease or business agreement described in paragraph (1) shall not require review by, or the approval of, the Secretary under section 81 of this title, or any other provision of law (in- cluding regulations), if the lease or business agreement— (A) was executed— (i) in accordance with the requirements of a tribal energy resource agreement in effect under subsection (e) (including the periodic review and evaluation of the ac- tivities of the Indian tribe under the agreement, to be conducted pursuant to subparagraphs (D) and (E) of subsection (e)(2)); or (ii) by the Indian tribe and a tribal en- ergy development organization for which the Indian tribe has obtained a certifi- cation pursuant to subsection (h); and (B) has a term that does not exceed—