Page:United States Statutes at Large Volume 119.djvu/786

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[119 STAT. 768]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 768]

119 STAT. 768

‘‘(5) The Secretary of Energy may 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 the date of enactment of this section, 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.

Appropriation authorization.

Deadline. Reports.

25 USC 3503.

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘SEC. 2603. 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 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 title, the Secretary shall ensure, to the maximum extent practicable and to the extent of available resources, that on the request of an Indian tribe, the Indian tribe shall

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