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- By Tribal Business News Staff
- Energy | Environment
U.S. Sens. Brian Schatz (D-Hawai‘i) and John Curtis (R-Utah) have introduced bipartisan legislation aimed at expanding tribal access to federal energy programs.
Known as the Tribal Energy Fairness Act, the bill seeks to address barriers and streamline technical processes in existing Department of Energy (DOE) programs, per a joint press release from booth senators.
“Tribes deserve a fair shot at energy development, particularly on their own lands,” Schatz, who serves as vice chair of the Senate Committee on Indian Affairs, said in a statement. “This bipartisan bill will provide tribes with the flexibility they need to access existing federal programs to lower costs, boost reliability, and strengthen their energy sovereignty.”
Curtis pointed to complex bureaucracy and steep initial costs as chief barriers to tribal energy development. Removing those barriers would widen Indian Country’s access to the energy economy, he said.
“Unnecessary red tape and outdated restrictions are holding back access to energy development opportunities,” Curtis said. “By removing these bureaucratic barriers, our legislation levels the playing field for Tribal communities - ensuring fair access to programs that strengthen grid resilience and support other critical energy projects."
The proposed legislation addresses technical issues in two key DOE programs. It would eliminate the “double benefit restriction” under the Tribal Energy Loan Guarantee Program, allowing tribes to combine federal funds with loan guarantees to cover up to 100% of project costs. The bill would also remove the cost-match requirement and authorize the DOE to provide permanent technical assistance to potential loan recipients.
Removing cost-matching could vastly improve access to DOE funding for many tribes. Prior Tribal Business News reporting noted that cost-matched grants often price out Native American applicants. Some grants require 10 to 50 percent of projects ranging in the millions of dollars - which means just a fraction of that money could wipe out smaller tribes’ yearly budgets.
Additionally, the act seeks to simplify the process for tribes to access Grid Resilience awards. Currently, recipients for the Grid Resilience Grant Program have to sub-grant their funds to existing utility providers, as well as share costs associated with awarded projects. By removing those requirements, the senators write, the legislation aims to help Tribal communities more easily benefit from resilience funding.
The Tribal Energy Fairness Act builds on feedback from tribal leaders and incorporates technical assistance from the DOE. Schatz previously introduced the bill in the 118th Congress and filed it as an amendment to the Fiscal Year 2025 National Defense Authorization Act. Tribal organizations and energy advocates have expressed support for the measure.
Navajo Nation President Buu Nygren emphasized the importance of energy production to the Navajo economy. He called the bill a step forward in reducing financial burdens and enabling energy projects that create jobs and bolster communities.
“Energy production has long been vital to the modern Navajo economy and sustaining our energy economy requires investing in its future,” Nygren said in a statement. “By removing unnecessary restrictions and financial burdens, the Tribal Energy Fairness Act will help the Navajo Nation pursue energy projects that create jobs and strengthen our communities.”
