S. 1181

117 S1181 IS: Tribal Energy Fairness Act of 2025
 U.S. Senate
 2025-03-27
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 II  119th CONGRESS  1st Session  S. 1181  IN THE SENATE OF THE UNITED STATES   March 27, 2025   Mr. Schatz  (for himself and  Mr. Curtis ) introduced the following bill; which was read twice and referred to the  Committee on Energy and Natural Resources    A BILL
To amend the Energy Policy Act of 1992 with respect to the Department of Energy Tribal loan guarantee program, and for other purposes.
1.
Short title
This Act may be cited as the   Tribal Energy Fairness Act of 2025  .
2.
Department of Energy Tribal energy programs
(a)
Department of Energy Tribal loan guarantee program
(1)
In general
Section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) ) is amended by adding at the end the following:
(8)
(A)
At the request of an applicant, and subject to subparagraph (B), the Secretary of Energy may use funds appropriated to the Secretary of Energy to carry out financial and technical assessments, and related activities, in connection with applications for loans and loan guarantees under this subsection to support eligible projects, including renewable energy and transmission projects on or near Indian land and eligible projects carried out outside Indian land.
(B)
The Secretary of Energy may use not more than $500,000 to carry out financial and technical assessments under subparagraph (A) for any 1 application for a loan or loan guarantee under this subsection.
 .
(2)
Denial of double benefit restriction
(A)
In general
Section 50145(a) of  Public Law 117–169  (136 Stat. 2045) is amended by striking  , subject to the limitations that apply to loan guarantees under section 50141(d) .
(B)
Additional DOE Tribal programs
Section 50141(d)(3) of  Public Law 117–169  (136 Stat. 2043) is amended—
(i)
in subparagraph (C), by striking  or  at the end;
(ii)
in subparagraph (D), by striking the period at the end and inserting  ; or ; and
(iii)
by adding at the end the following:
(E)
projects carried out by an Indian Tribe on or near Indian land or outside Indian land.
 .
(b)
Preventing outages and enhancing the resilience of the electric grid
Section 40101 of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18711 ) is amended—
(1)
in subsection (d)—
(A)
in paragraph (2)—
(i)
by striking subparagraph (A) and inserting the following:
(A)
In general
For each fiscal year, to be eligible to receive a grant under this subsection—
(i)
a State shall submit to the Secretary an application that includes a plan described in subparagraph (B); and
(ii)
an Indian Tribe shall submit to the Secretary an application, which shall include—
(I)
a plan that describes how the Indian Tribe will use the proposed funding for projects if the Indian Tribe will be executing the projects; or
(II)
a plan described in subparagraph (B), if the Indian Tribe intends to award grants to eligible entities with amounts made available to the Indian Tribe under this subsection.
 ; and
(ii)
in subparagraph (B)—
(I)
in the subparagraph heading, by striking
required   and inserting
described  ;
(II)
in the matter preceding clause (i), by inserting  , as applicable,  after  Indian Tribe ; and
(III)
in clause (iii), by inserting  , as applicable  after  Indian Tribe ;
(B)
by striking paragraph (4) and inserting the following:
(4)
Oversight
The Secretary shall ensure that each grant provided to a State or an Indian Tribe, if the Indian Tribe intends to award grants to eligible entities with those grants funds, under the program is allocated pursuant to the applicable plan of the State or Indian Tribe, as applicable.
 ;
(C)
in paragraph (5), by inserting  , as applicable,  after  made available to the applicable State or Indian Tribe ;
(D)
in paragraph (6), by inserting  , as applicable,  after  made available to the State or Indian Tribe ;
(E)
in paragraph (7), in the matter preceding subparagraph (A), by striking  or Indian Tribe  each place it appears;
(F)
in paragraph (8)—
(i)
by striking  and Indian Tribe ; and
(ii)
by striking  or Indian Tribe ; and
(G)
by adding at the end the following:
(9)
Savings provision
Nothing in this subsection requires an Indian Tribe to award grants to eligible entities described in any of subparagraphs (A) through (F) of subsection (a)(2) with amounts made available to the Indian Tribe under this subsection.
 ;
(2)
in subsection (e)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A), by inserting  Indian Tribe or  before  eligible entity ; and
(ii)
in subparagraph (H)—
(I)
in clause (i), by striking  and  at the end;
(II)
in clause (ii), by adding  and  at the end; and
(III)
by adding at the end the following:
(iii)
distributed generation;
 ; and
(B)
in paragraph (2)—
(i)
in subparagraph (A)—
(I)
in the matter preceding clause (i), by inserting  Indian Tribe or  before  eligible entity ; and
(II)
in clause (i)(I), by inserting  transmission system-connected  before  electric generating ; and
(ii)
in subparagraph (B)—
(I)
in clause (i), by inserting  Indian Tribe or  before  eligible entity ; and
(II)
in clause (ii), by inserting  Indian Tribe or  before  eligible entity ; and
(3)
in subsection (h)—
(A)
in paragraph (1), by striking  paragraph (2)  and inserting  paragraphs (2) and (3) ; and
(B)
by adding at the end the following:
(3)
Indian Tribes
An Indian Tribe that receives or awards a grant under subsection (d) or an eligible entity described in subsection (a)(2) that is owned by an Indian Tribe and receives a grant under subsection (c) shall not be required to match any amount of the applicable grant.
 .
(c)
Cost-Sharing exemption under the Energy Policy Act of 2005
Section 988(f) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(f) ) is amended—
(1)
in paragraph (2), by striking  or  at the end;
(2)
in paragraph (3)(B), by striking the period at the end and inserting  ; or ; and
(3)
by adding at the end the following:
(4)
a grant awarded to an Indian Tribe under section 40101(d) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18711(d) ).
 .