Title 25IndiansRelease 119-73

§3505 Federal power marketing administrations

Title 25 › Chapter CHAPTER 37— - INDIAN ENERGY › § 3505

Last updated Apr 6, 2026|Official source

Summary

Each Administrator must encourage Indian tribal energy development and run programs to help make that happen. Administrator means the heads of the Bonneville Power Administration and the Western Area Power Administration. Power marketing administration means the Bonneville Power Administration, the Western Area Power Administration, and any other similar administration that uses power allocations for the benefit of an Indian tribe in its service area. The Administrators must respect the special relationship between the United States and Indian tribes. Western Area Power Administration power can be used to meet firming and reserve needs of Indian-owned projects on Indian land, and that Administrator may buy non‑federal power from tribes for those needs. Administrators must not pay more than the prevailing market price or accept less than prevailing market terms. Not later than 2 years after August 8, 2005, the Secretary of Energy must send Congress a report describing how tribes used Federal power allocations or power sold by the Southwestern Power Administration, showing (A) the quantity allocated to or used for tribes by the Western Area Power Administration, (B) the quantity sold to tribes by other power marketing administrations, and (C) barriers that make it hard for tribes to access Federal power and ways to remove those barriers. Up to $750,000 in non‑reimbursable funds are authorized to carry out this work and remain available until spent. Technical help to use high‑voltage transmission may be provided and paid for by the Secretary of Energy with non‑reimbursable appropriations for that purpose or by the tribe.

Full Legal Text

Title 25, §3505

Indians — Source: USLM XML via OLRC

(a)In this section:
(1)The term “Administrator” means the Administrator of the Bonneville Power Administration and the Administrator of the Western Area Power Administration.
(2)The term “power marketing administration” means—
(A)the Bonneville Power Administration;
(B)the Western Area Power Administration; and
(C)any other power administration the power allocation of which is used by or for the benefit of an Indian tribe located in the service area of the administration.
(b)Each Administrator shall encourage Indian tribal energy development by taking such actions as the Administrators determine to be appropriate, including administration of programs of the power marketing administration, in accordance with this section.
(c)In carrying out this section, in accordance with laws in existence on August 8, 2005—
(1)each Administrator shall consider the unique relationship that exists between the United States and Indian tribes;
(2)power allocations from the Western Area Power Administration to Indian tribes may be used to meet firming and reserve needs of Indian-owned energy projects on Indian land;
(3)the Administrator of the Western Area Power Administration may purchase non-federally generated power from Indian tribes to meet the firming and reserve requirements of the Western Area Power Administration; and
(4)each Administrator shall not—
(A)pay more than the prevailing market price for an energy product; or
(B)obtain less than prevailing market terms and conditions.
(d)(1)An Administrator may provide technical assistance to Indian tribes seeking to use the high-voltage transmission system for delivery of electric power.
(2)The costs of technical assistance provided under paragraph (1) shall be funded—
(A)by the Secretary of Energy using nonreimbursable funds appropriated for that purpose; or
(B)by any appropriate Indian tribe.
(e)Not later than 2 years after August 8, 2005, the Secretary of Energy shall submit to Congress a report that—
(1)describes the use by Indian tribes of Federal power allocations of the power marketing administration (or power sold by the Southwestern Power Administration) to or for the benefit of Indian tribes in a service area of the power marketing administration; and
(2)identifies—
(A)the quantity of power allocated to, or used for the benefit of, Indian tribes by the Western Area Power Administration;
(B)the quantity of power sold to Indian tribes by any other power marketing administration; and
(C)barriers that impede tribal access to and use of Federal power, including an assessment of opportunities to remove those barriers and improve the ability of power marketing administrations to deliver Federal power.
(f)There are authorized to be appropriated to carry out this section $750,000, non-reimbursable, to remain available until expended.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3505, Pub. L. 102–486, title XXVI, § 2605, Oct. 24, 1992, 106 Stat. 3115; Pub. L. 103–437, § 10(e)(1), (2)(D), Nov. 2, 1994, 108 Stat. 4589, related to Indian Energy Resource Commission, prior to the general amendment of this chapter by Pub. L. 109–58.

Reference

Citations & Metadata

Citation

25 U.S.C. § 3505

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73