§ 3506. Wind and hydropower feasibility study

Statutory text

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.

Scope of study

The study shall—

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;

review historical and projected requirements for, patterns of availability and use of, and reasons for historical patterns concerning the availability of firming power;

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;

determine seasonal capacity needs and associated transmission upgrades for integration of tribal wind generation and identify costs associated with these activities;

include an independent tribal engineer and a Western Area Power Administration customer representative as study team members; and

incorporate, to the extent appropriate, the results of the Dakotas Wind Transmission study prepared by the Western Area Power Administration.

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—

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;

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;

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

an identification of—

the economic and environmental costs of, or benefits to be realized through, a Federal-tribal-customer partnership; and

the manner in which a Federal-tribal-customer partnership could contribute to the energy security of the United States.

Funding

Authorization of appropriations

There is authorized to be appropriated to carry out this section $1,000,000, to remain available until expended.

Nonreimbursability

Costs incurred by the Secretary in carrying out this section shall be nonreimbursable.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2005
Energy Policy Act of 1992
Pub. L. 102–486 title XXVI § 2606 · 106 Stat. 2776
Enacted · 25 U.S.C. § 3506
Pub. L. 102–486, title XXVI, § 2606, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 777
Source evidence
Code source credit
Pub. L. 102–486, title XXVI, § 2606, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 777
Enacted provision · exact public law section
SEC. 2606. TRIBAL GOVERNMENT ENERGY ASSISTANCE PROGRAM. (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. (c) Considerations.— 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.
2018
Indian Tribal Energy Development and Self-Determination Act Amendments of 2017
Pub. L. 115–325 title I § 105(c) · 132 Stat. 4445
Substituted · 25 U.S.C. § 3506(c)(3)
Pub. L. 115–325 substituted “energy development” for “energy resource development”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 115–325 substituted “energy development” for “energy resource development”.
Enacted provision · exact public law section
(c) Wind and Hydropower Feasibility Study.— Section 2606(c)(3) of the Energy Policy Act of 1992 (25 U.S.C. 3506(c)(3)) is amended by striking “energy resource development” and inserting “energy development”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A 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.

Amendments

2018—Subsec. (c)(3). Pub. L. 115–325 substituted “energy development” for “energy resource development”.

Credits

2005–2018 · 2 acts

2005Pub. L. 102–486, title XXVI, § 2606, as added Pub. L. 109–58, title V, § 503(a), Aug. 8, 2005, 119 Stat. 777
2018amended Pub. L. 115–325, title I, § 105(c), Dec. 18, 2018, 132 Stat. 4456.

Show as published

(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.)