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Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 25 U.S.C. § 3501 - Definitions
## Text
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 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))); 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 located—
(i) on original or acquired territory of the community; or
(ii) within or outside the boundaries of any State or States.
(4) (A) The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).11 See References in Text note below.
(B) For the purpose of paragraph (12) and sections 3503(b)(1)(C) and 3504 of this title, the term “Indian tribe” does not include any Native Corporation.
(5) The term “integration of energy resources” means any project or activity that promotes the location and operation of a facility (including any pipeline, gathering system, transportation system or facility, or electric transmission or distribution facility) on or near Indian land to process, refine, generate electricity from, or otherwise develop energy resources on, Indian land.
(6) The term “Native Corporation” has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(7) The term “organization” means a partnership, joint venture, limited liability company, or other unincorporated association or entity that is established to develop Indian energy resources.
(8) The term “Program” means the Indian energy resource development program established under section 3502(a) of this title.
(9) The term “qualified Indian tribe” means an Indian tribe that has—
(A) carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application without material audit exception (or without any material audit exceptions that were not corrected within the 3-year period) relating to the management of tribal land or natural resources; or
(B) substantial experience in the administration, review, or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration, management, or development of energy resources located on the tribal land of the Indian tribe.
(10) The term “Secretary” means the Secretary of the Interior.
(11) The term “sequestration” means the long-term separation, isolation, or removal of greenhouse gases from the atmosphere, including through a biological or geologic method such as reforestation or an underground reservoir.
(12) The term “tribal energy development organization” means—
(A) any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged in the development of energy resources and is wholly owned by an Indian tribe (including an organization incorporated pursuant to section 5124 of this title or section 5203 of this title); and
(B) any 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 participating in the organization to apply for a grant, loan, or other assistance under section 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 section 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.)
## Notes
Editorial Notes
References in TextThe 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 classification 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 Assistance 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 ProvisionsA 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.
Amendments2020—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) redesignated (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 participating 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 AmendmentPub. L. 115–325, § 1, Dec. 18, 2018, 132 Stat. 4445, provided 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 section 800 of Title 16] may be cited as the ‘Indian Tribal Energy Development and Self-Determination Act Amendments of 2017’.”
Consultation With Indian TribesPub. 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 Employees, 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 maximum extent practicable, involve and consult with Indian tribes.”
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# 25 U.S.C. § 3502 - Indian tribal energy resource development
## Text
(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 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, 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.
(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.)
## Notes
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 ProvisionsA prior section 3502, Pub. L. 102–486, title XXVI, § 2602, Oct. 24, 1992, 106 Stat. 3113, related to tribal consultation in implementing provisions, prior to the general amendment of this chapter by Pub. L. 109–58.
Amendments2022—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 Eligible 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), substituted “tribal energy development organizations” for “tribal energy resource development organizations”. Subsec. (a)(2). Pub. L. 115–325, § 105(b)(1)(B), substituted “tribal energy development organizations” for “tribal energy resource development organizations” wherever appearing. Subsec. (a)(2)(E). Pub. L. 115–325, § 101(a)(1), added subpar. (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 organization” 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 “Indian tribe”. Subsec. (c)(3). Pub. L. 115–325, § 101(c)(2)(A), substituted “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 Secretary of Energy shall” for “The Secretary of Energy may”.
Statutory Notes and Related Subsidiaries
Tribal Energy Loan Guarantee ProgramPub. L. 117–328, div. D, title III, Dec. 29, 2022, 136 Stat. 4637, provided in part: “That in this fiscal year and subsequent 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 section 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 Government on the principal and interest: Provided further, That any funds previously appropriated for the cost of 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”.
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# 25 U.S.C. § 3503 - Indian tribal energy resource regulation
## Text
(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 section 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 infrastructure to protect the environment under applicable law; or
(D) by a Native Corporation for the development and implementation of corporate policies and the development of technical infrastructure to protect the environment under applicable law; and
(2) by an Indian tribe for the training of employees that—
(A) are engaged in the development of energy resources on Indian land; or
(B) are responsible for protecting the environment.
(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 information and expertise, for use in the regulation, development, 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 officials; or
(B) indirectly, by providing financial assistance to an Indian tribe or tribal energy development organization to secure independent assistance.
(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.)
## Notes
Editorial Notes
Prior ProvisionsA 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 resource development and energy vertical integration on Indian reservations, prior to the general amendment of this chapter by Pub. L. 109–58.
Amendments2018—Subsec. (c)(1). Pub. L. 115–325, § 102(1), substituted “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”.
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# 25 U.S.C. § 3505 - Federal power marketing administrations
## Text
(a) Definitions In this section:
(1) The term “Administrator” means the Administrator of the Bonneville Power Administration and the Administrator of the Western Area Power Administration.
(2) The term “power marketing administration” means—
(A) the Bonneville Power Administration;
(B) the Western Area Power Administration; and
(C) any other power administration the power allocation of which is used by or for the benefit of an Indian tribe located in the service area of the administration.
(b) Encouragement of Indian tribal energy development Each Administrator shall encourage Indian tribal energy development by taking such actions as the Administrators determine to be appropriate, including administration of programs of the power marketing administration, in accordance with this section.
(c) Action by Administrators In carrying out this section, in accordance with laws in existence on August 8, 2005—
(1) each Administrator shall consider the unique relationship that exists between the United States and Indian tribes;
(2) power allocations from the Western Area Power Administration to Indian tribes may be used to meet firming and reserve needs of Indian-owned energy projects on Indian land;
(3) the Administrator of the Western Area Power Administration may purchase non-federally generated power from Indian tribes to meet the firming and reserve requirements of the Western Area Power Administration; and
(4) each Administrator shall not—
(A) pay more than the prevailing market price for an energy product; or
(B) obtain less than prevailing market terms and conditions.
(d) Assistance for transmission system use (1) An Administrator may provide technical assistance to Indian tribes seeking to use the high-voltage transmission system for delivery of electric power.
(2) The costs of technical assistance provided under paragraph (1) shall be funded—
(A) by the Secretary of Energy using nonreimbursable funds appropriated for that purpose; or
(B) by any appropriate Indian tribe.
(e) Power allocation study Not later than 2 years after August 8, 2005, the Secretary of Energy shall submit to Congress a report that—
(1) describes the use by Indian tribes of Federal power allocations of the power marketing administration (or power sold by the Southwestern Power Administration) to or for the benefit of Indian tribes in a service area of the power marketing administration; and
(2) identifies—
(A) the quantity of power allocated to, or used for the benefit of, Indian tribes by the Western Area Power Administration;
(B) the quantity of power sold to Indian tribes by any other power marketing administration; and
(C) barriers that impede tribal access to and use of Federal power, including an assessment of opportunities to remove those barriers and improve the ability of power marketing administrations to deliver Federal power.
(f) Authorization of appropriations There are authorized to be appropriated to carry out this section $750,000, non-reimbursable, to remain available until expended.
(Pub. L. 102–486, title XXVI, § 2605, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 776.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3505, Pub. L. 102–486, title XXVI, § 2605, Oct. 24, 1992, 106 Stat. 3115; Pub. L. 103–437, § 10(e)(1), (2)(D), Nov. 2, 1994, 108 Stat. 4589, related to Indian Energy Resource Commission, prior to the general amendment of this chapter by Pub. L. 109–58.
legal/us/code/title-25/chapter-37/section-3506.md
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# 25 U.S.C. § 3506 - Wind and hydropower feasibility study
## Text
(a) Study The Secretary of Energy, in coordination with the Secretary of the Army and the Secretary, shall conduct a study of the cost and feasibility of developing a demonstration project that uses wind energy generated by Indian tribes and hydropower generated by the Army Corps of Engineers on the Missouri River to supply firming power to the Western Area Power Administration.
(b) Scope of study The study shall—
(1) determine the economic and engineering feasibility of blending wind energy and hydropower generated from the Missouri River dams operated by the Army Corps of Engineers, including an assessment of the costs and benefits of blending wind energy and hydropower compared to current sources used for firming power to the Western Area Power Administration;
(2) review historical and projected requirements for, patterns of availability and use of, and reasons for historical patterns concerning the availability of firming power;
(3) assess the wind energy resource potential on tribal land and projected cost savings through a blend of wind and hydropower over a 30-year period;
(4) determine seasonal capacity needs and associated transmission upgrades for integration of tribal wind generation and identify costs associated with these activities;
(5) include an independent tribal engineer and a Western Area Power Administration customer representative as study team members; and
(6) incorporate, to the extent appropriate, the results of the Dakotas Wind Transmission study prepared by the Western Area Power Administration.
(c) Report Not later than 1 year after August 8, 2005, the Secretary of Energy, the Secretary, and the Secretary of the Army shall submit to Congress a report that describes the results of the study, including—
(1) an analysis and comparison of the potential energy cost or benefits to the customers of the Western Area Power Administration through the use of combined wind and hydropower;
(2) an economic and engineering evaluation of whether a combined wind and hydropower system can reduce reservoir fluctuation, enhance efficient and reliable energy production, and provide Missouri River management flexibility;
(3) if found feasible, recommendations for a demonstration project to be carried out by the Western Area Power Administration, in partnership with an Indian tribal government or tribal energy development organization, and Western Area Power Administration customers to demonstrate the feasibility and potential of using wind energy produced on Indian land to supply firming energy to the Western Area Power Administration; and
(4) an identification of—
(A) the economic and environmental costs of, or benefits to be realized through, a Federal-tribal-customer partnership; and
(B) the manner in which a Federal-tribal-customer partnership could contribute to the energy security of the United States.
(d) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000, to remain available until expended.
(2) Nonreimbursability Costs incurred by the Secretary in carrying out this section shall be nonreimbursable.
(Pub. L. 102–486, title XXVI, § 2606, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 777; amended Pub. L. 115–325, title I, § 105(c), Dec. 18, 2018, 132 Stat. 4456.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3506, Pub. L. 102–486, title XXVI, § 2606, Oct. 24, 1992, 106 Stat. 3118, related to tribal government energy assistance program, prior to the general amendment of this chapter by Pub. L. 109–58.
Amendments2018—Subsec. (c)(3). Pub. L. 115–325 substituted “energy development” for “energy resource development”.
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# 25 U.S.C. § 3507 - Appraisals
## Text
(a) In general For any transaction that requires approval of the Secretary and involves mineral or energy resources held in trust by the United States for the benefit of an Indian tribe or by an Indian tribe subject to Federal restrictions against alienation, any appraisal relating to fair market value of those resources required to be prepared under applicable law may be prepared by—
(1) the Secretary;
(2) the affected Indian tribe; or
(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe.
(b) Secretarial review and approval Not later than 45 days after the date on which the Secretary receives an appraisal prepared by or for an Indian tribe under paragraph (2) or (3) of subsection (a), the Secretary shall—
(1) review the appraisal; and
(2) approve the appraisal unless the Secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection (d).
(c) Notice of disapproval If the Secretary determines that an appraisal submitted for approval under subsection (b) should be disapproved, the Secretary shall give written notice of the disapproval to the Indian tribe and a description of—
(1) each reason for the disapproval; and
(2) how the appraisal should be corrected or otherwise cured to meet the applicable standards set forth in the regulations promulgated under subsection (d).
(d) Regulations The Secretary shall promulgate regulations to carry out this section, including standards the Secretary shall use for approving or disapproving the appraisal described in subsection (a).
(Pub. L. 102–486, title XXVI, § 2607, as added Pub. L. 115–325, title II, § 204(a), Dec. 18, 2018, 132 Stat. 4463.)