Indian Energy Resources Act

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25 USC CHAPTER 37 - INDIAN ENERGY RESOURCES 01/05/99

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TITLE 25 - INDIANS

CHAPTER 37 - INDIAN ENERGY RESOURCES

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CHAPTER 37 - INDIAN ENERGY RESOURCES

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Sec.

3501. Definitions.

3502. Tribal consultation.

3503. Promoting energy resource development and energy vertical

integration on Indian reservations.

(a) Demonstration programs.

(b) Low interest loans.

3504. Indian energy resource regulation.

(a) Grants.

(b) Purpose.

(d) Authorization of appropriations.

3505. Indian Energy Resource Commission.

(a) Establishment.

(b) Membership.

(d) Vacancies.

(e) Chairperson.

(f) Quorum.

(g) Organizational meeting.

(h) Compensation.

(i) Travel.

(j) Commission staff.

(k) Duties of Commission.

(l) Powers of Commission.

(m) Commission report.

(n) Authorization of appropriations.

(o) Termination.

3506. Tribal government energy assistance program.

(a) Financial assistance.

(b) Conditions.

(d) Cost-share.

(e) Authorization of appropriations.

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25 USC Sec. 3501 01/05/99

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TITLE 25 - INDIANS

CHAPTER 37 - INDIAN ENERGY RESOURCES

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Sec. 3501. Definitions

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For purposes of this chapter -

(1) the term ''Indian tribe'' means any Indian tribe, band,

nation, or other organized group or community, including any

Alaska Native village or regional or village corporation as

defined in or established pursuant to the Alaska Native Claims

Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as

eligible for the special programs and services provided by the

United States to Indians because of their status as Indians; and

(2) the term ''Indian reservation'' includes Indian

reservations; public domain Indian allotments; former Indian

reservations in Oklahoma; land held by incorporated Native

groups, regional corporations, and village corporations under the

provisions of the Alaska Native Claims Settlement Act (43 U.S.C.

1601 et seq.); and dependent Indian communities within the

borders of the United States whether within the original or

subsequently acquired territory thereof, and whether within or

without the limits of a State.

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(Pub. L. 102-486, title XXVI, Sec. 2601, Oct. 24, 1992, 106 Stat.

3113.)

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REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in text, is

Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is

classified generally to chapter 33 (Sec. 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.

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25 USC Sec. 3502 01/05/99

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TITLE 25 - INDIANS

CHAPTER 37 - INDIAN ENERGY RESOURCES

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Sec. 3502. Tribal consultation

-STATUTE-

In implementing the provisions of this Act, the Secretary of

Energy shall involve and consult with Indian tribes to the maximum

extent possible and where appropriate and shall do so in a manner

that is consistent with the Federal trust and the

Government-to-Government relationships between Indian tribes and

the Federal Government.

-SOURCE-

(Pub. L. 102-486, title XXVI, Sec. 2602, Oct. 24, 1992, 106 Stat.

3113.)

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REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 102-486, Oct. 24,

1992, 106 Stat. 2776, known as the Energy Policy Act of 1992. For

complete classification of this Act to the Code, see Short Title

note set out under section 13201 of Title 42, The Public Health and

Welfare, and Tables.

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25 USC Sec. 3503 01/05/99

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TITLE 25 - INDIANS

CHAPTER 37 - INDIAN ENERGY RESOURCES

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Sec. 3503. Promoting energy resource development and energy

vertical integration on Indian reservations

-STATUTE-

(a) Demonstration programs

The Secretary of Energy, in consultation with the Secretary of

the Interior, shall establish and implement a demonstration program

to assist Indian tribes in pursuing energy self-sufficiency and to

promote the development of a vertically integrated energy industry

on Indian reservations, in order to increase development of the

substantial energy resources located on such Indian reservations.

Such program shall include, but not be limited to, the following

components:

(1) The Secretary shall provide development grants to Indian

tribes or to joint ventures which are 51 percent or more

controlled by an Indian tribe to assist Indian tribes in

obtaining the managerial and technical capability needed to

develop the energy resources on Indian reservations. Such grants

shall include provisions for management training for tribal or

village members, improving the technical capacity of the Indian

tribe, and the reduction of tribal unemployment. Each grant

shall be for a period of 3 years.

(2) The Secretary shall provide grants, not to exceed 50

percent of the project costs, for vertical integration projects.

For purposes of this paragraph, the term ''vertical integration

project'' means a project that promotes the vertical integration

of the energy resources on an Indian reservation, so that the

energy resources are used or processed on such Indian

reservation. Such term includes, but is not limited to, projects

involving solar and wind energy, oil refineries, the generation

and transmission of electricity, hydroelectricity, cogeneration,

natural gas distribution, and clean, innovative uses of coal.

(3) The Secretary shall provide technical assistance (and such

other assistance as is appropriate) to Indian tribes for energy

resource development and to promote the vertical integration of

energy resources on Indian reservations.

(b) Low interest loans

(1) In general

The Secretary shall establish a program for making low interest

loans to Indian tribes. Such loans shall be used exclusively by

Indian tribes in the promotion of energy resource development and

vertical integration on Indian reservations.

(2) Terms

The Secretary shall establish reasonable terms for loans made

under this section which are to be used to carry out the purposes

of this section.

There are authorized to be appropriated -

(1) $10,000,000 for each of the fiscal years 1994, 1995, 1996,

1999, 2000, 2001, 2002 and 2003 to carry out the purposes of

subsection (a)(1) of this section;

(2) $10,000,000 for each of the fiscal years 1994, 1995, 1996,

1999, 2000, 2001, 2002 and 2003 to carry out the purposes of

subsection (a)(2) of this section; and

(3) $10,000,000 for each of the fiscal years 1994, 1995, 1996,

1999, 2000, 2001, 2002 and 2003 to carry out the purposes of

subsection (b) of this section.

-SOURCE-

(Pub. L. 102-486, title XXVI, Sec. 2603, Oct. 24, 1992, 106 Stat.

3114; Pub. L. 105-388, Sec. 10, Nov. 13, 1998, 112 Stat. 3484.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-388, substituted ''1999, 2000,

2001, 2002 and 2003'' for ''and 1997'' wherever appearing.

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25 USC Sec. 3504 01/05/99

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TITLE 25 - INDIANS

CHAPTER 37 - INDIAN ENERGY RESOURCES

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Sec. 3504. Indian energy resource regulation

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(a) Grants

The Secretary of the Interior is authorized to make annual grants

to Indian tribes for the purpose of assisting Indian tribes in the

development, administration, implementation, and enforcement of

tribal laws and regulations governing the development of energy

resources on Indian reservations.

(b) Purpose

The purposes for which funds provided under a grant awarded under

subsection (a) of this section may be used include, but are not

limited to -

(1) the training and education of employees responsible for

enforcing or monitoring compliance with Federal and tribal laws

and regulations;

(2) the development of tribal inventories of energy resources;

(3) the development of tribal laws and regulations;

(4) the development of tribal legal and governmental

infrastructure to regulate environmental quality pursuant to

Federal and tribal laws; and

(5) the enforcement and monitoring of Federal and tribal laws

and regulations.

The Secretary of the Interior and the Secretary of Energy shall

cooperate with and provide assistance to Indian tribes for the

purpose of assisting Indian tribes in the development,

administration, and enforcement of tribal programs. Such

cooperation and assistance shall include the following:

(1) Technical assistance and training, including the provision

of necessary circulars and training materials.

(2) Assistance in the preparation and maintenance of a

continuing inventory of information on tribal energy resources

and tribal operations. In providing assistance under this

paragraph, Federal departments and agencies shall make available

to Indian tribes all relevant data concerning tribal energy

resource development consistent with applicable laws regarding

disclosure of proprietary and confidential information.

(d) Authorization of appropriations

There are authorized to be appropriated $10,000,000 for each of

the fiscal years 1994, 1995, 1996, and 1997 to carry out the

purposes of this section.

-SOURCE-

(Pub. L. 102-486, title XXVI, Sec. 2604, Oct. 24, 1992, 106 Stat.

3114.)

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25 USC Sec. 3505 01/05/99

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TITLE 25 - INDIANS

CHAPTER 37 - INDIAN ENERGY RESOURCES

-HEAD-

Sec. 3505. Indian Energy Resource Commission

-STATUTE-

(a) Establishment

There is hereby established the Indian Energy Resource Commission

(hereafter in this section referred to as the ''Commission'').

(b) Membership

The Commission shall consist of -

(1) 8 members appointed by the Secretary of the Interior from

recommendations submitted by Indian tribes with developable

energy resources, at least 4 of whom shall be elected tribal

leaders;

(2) 3 members appointed by the Secretary of the Interior from

recommendations submitted by the Governors of States that have

Indian reservations with developable energy resources;

(3) 2 members appointed by the Secretary of the Interior from

among individuals in the private sector with expertise in tribal

and State taxation of energy resources;

(4) 2 members appointed by the Secretary of the Interior from

individuals with expertise in oil and gas royalty management

administration, including auditing and accounting;

(5) 2 members appointed by the Secretary of the Interior from

individuals in the private sector with expertise in energy

development;

(6) 1 member appointed by the Secretary of the Interior from

recommendations submitted by National environmental

organizations;

(7) the Secretary of the Interior, or his designee; and

(8) the Secretary of Energy, or his designee.

Members of the Commission shall be appointed not later than 60

days after October 24, 1992.

(d) Vacancies

A vacancy in the Commission shall be filled in the same manner as

the original appointment was made. A vacancy in the Commission

shall not affect the powers of the Commission.

(e) Chairperson

The members of the Commission shall elect a Chairperson from

among the members of the Commission.

(f) Quorum

Eleven members of the Commission shall constitute a quorum, but a

lesser number may hold hearings.

(g) Organizational meeting

The Commission shall hold an organizational meeting to establish

the rules and procedures of the Commission not later than 30 days

after the members are first appointed to the Commission.

(h) Compensation

Each member of the Commission who is not an officer or employee

of the United States shall be compensated at a rate established by

the Commission, not to exceed the rate of basic pay payable for

level IV of the Executive Schedule under section 5315 of title 5,

for each day (including travel time) during which such member is

engaged in the actual performance of duties as a member of the

Commission. Each member of the Commission who is an officer or

employee of the United States shall receive no additional

compensation.

(i) Travel

While away from their homes or regular places of business in the

performance of duties for the Commission, all members of the

Commission shall be allowed travel expenses, including per diem in

lieu of subsistence, at a rate established by the Commission not to

exceed the rates authorized for employees under sections 5702 and

5703 of title 5.

(j) Commission staff

(1) Executive Director

The Commission shall appoint an Executive Director who shall be

compensated at a rate established by the Commission not to exceed

the rate of basic pay payable for level V of the Executive

Schedule under section 5316 of title 5.

(2) Additional personnel

With the approval of the Commission, the Executive Director may

appoint and fix the compensation of such additional personnel as

the Executive Director considers necessary to carry out the

duties of the Commission. Such appointments shall be made in

accordance with the provisions of title 5 governing appointments

in the competitive service, but at rates not to exceed the rate

of basic pay payable for level 15 of the General Schedule.

(3) Experts and consultants

Subject to such rules as may be issued by the Commission, the

Chairperson may procure temporary and intermittent services of

experts and consultants to the same extent as is authorized by

section 3109 of title 5, but at rates not to exceed $200 a day

for individuals.

(4) Personnel detail authorized

Upon the request of the Chairperson, the head of any Federal

agency is authorized to detail, on a reimbursable basis, any of

the personnel of such agency to the Commission to assist the

Commission in carrying out its duties under this chapter. Such

detail shall be without interruption or loss of civil service

status or privilege.

(k) Duties of Commission

The Commission shall -

(1) develop proposals to address the dual taxation by Indian

tribes and States of the extraction of mineral resources on

Indian reservations;

(2) make recommendations to improve the management,

administration, accounting and auditing of royalties associated

with the production of oil and gas on Indian reservations;

(3) develop alternatives for the collection and distribution of

royalties associated with production of oil and gas on Indian

reservations;

(4) develop proposals on incentives to foster the development

of energy resources on Indian reservations;

(5) identify barriers or obstacles to the development of energy

resources on Indian reservations, and make recommendations

designed to foster the development of energy resources on Indian

reservations and promote economic development;

(6) develop proposals for the promotion of vertical integration

of the development of energy resources on Indian reservations;

and

(7) develop proposals on taxation incentives to foster the

development of energy resources on Indian reservations including,

but not limited to, investment tax credits and enterprise zone

credits.

(l) Powers of Commission

The powers of the Commission shall include the following:

(1) For the purpose of carrying out its duties under this

section, the Commission may hold hearings, take testimony, and

receive evidence at such times and places as the Commission

considers appropriate. The Commission may administer oaths or

affirmations to witnesses appearing before the Commission.

(2) Any member or employee of the Commission may, if authorized

by the Commission, take any action which the Commission is

authorized to take by this section.

(3) The Commission may secure directly from any Federal agency

such information as may be necessary to enable the Commission to

carry out its duties under this section.

(m) Commission report

(1) In general

The Commission shall, within 12 months after funds are made

available to carry out this section, prepare and transmit to the

President, the Committee on Natural Resources of the House of

Representatives, the Committee on Indian Affairs of the Senate,

and the Committee on Energy and Natural Resources of the Senate,

a report containing the recommendations and proposals specified

in subsection (k) of this section.

(2) Review and comment

Prior to submission of the report required under this section,

the Chairman (FOOTNOTE 1) shall circulate a draft of the report

to Indian tribes and States that have Indian reservations with

developable energy resources and other interested tribes and

States for review and comment.

(FOOTNOTE 1) So in original. Probably should be

''Chairperson''.

(n) Authorization of appropriations

There are authorized to be appropriated to the Commission

$1,000,000 to carry out this section. Such sum shall remain

available, without fiscal year limitation, until expended.

(o) Termination

The Commission shall terminate 30 days after submitting the final

report required by subsection (m) of this section.

-SOURCE-

(Pub. L. 102-486, title XXVI, Sec. 2605, Oct. 24, 1992, 106 Stat.

3115; Pub. L. 103-437, Sec. 10(e)(1), (2)(D), Nov. 2, 1994, 108

Stat. 4589.)

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REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (j)(2), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

The General Schedule, referred to in subsec. (j)(2), is set out

under section 5332 of Title 5.

-MISC2-

AMENDMENTS

1994 - Subsec. (m)(1). Pub. L. 103-437 substituted ''Committee on

Indian'' for ''Select Committee on Indian'' and ''Natural

Resources'' for ''Interior and Insular Affairs''.

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

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25 USC Sec. 3506 01/05/99

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TITLE 25 - INDIANS

CHAPTER 37 - INDIAN ENERGY RESOURCES

-HEAD-

Sec. 3506. Tribal government energy assistance program

-STATUTE-

(a) Financial assistance

The Secretary may grant financial assistance to Indian tribal

governments, or private sector persons working in cooperation with

Indian tribal governments, to carry out projects to evaluate the

feasibility of, develop options for, and encourage the adoption of

energy efficiency and renewable energy projects on Indian

reservations. Such grants may include the costs of technical

assistance in resource assessment, feasibility analysis, technology

transfer, and the resolution of other technical, financial, or

management issues identified by the applicants for such grants.

(b) Conditions

Any applicant for financial assistance under this section must

evidence coordination and cooperation with, and support from, local

educational institutions and the affected local energy

institutions.

In determining the amount of financial assistance to be provided

for a proposed project, the Secretary shall consider -

(1) the extent of involvement of local educational institutions

and local energy institutions;

(2) the ease and costs of operation and maintenance of any

project contemplated as a part of the project;

(3) whether the measure will contribute significantly to the

development, or the quality of the environment, of the affected

Indian reservations; and

(4) any other factors which the Secretary may determine to be

relevant to a particular project.

(d) Cost-share

With the exception of grants awarded for the purpose of

feasibility studies, the Secretary shall require at least 20

percent of the costs of any project under this section to be

provided from non-Federal sources, unless the grant recipient is a

for-profit private sector institution, in which case the Secretary

shall require at least 50 percent of the costs of any project to be

provided from non-Federal sources.

(e) Authorization of appropriations

There are authorized to be appropriated such sums as are

necessary for the development and implementation of the program

established by this section.

-SOURCE-

(Pub. L. 102-486, title XXVI, Sec. 2606, Oct. 24, 1992, 106 Stat.

3118.)