119-s1181

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1181 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1181

 To amend the Energy Policy Act of 1992 with respect to the Department 
 of Energy Tribal loan guarantee program, and for other purposes.

_______________________________________________________________________

 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Tribal Energy Fairness Act of 
2025''.

SEC. 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) ).''.
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