Page:United States Statutes at Large Volume 119.djvu/794

 119 STAT. 776

PUBLIC LAW 109–58—AUG. 8, 2005

provisions for review of transactions, reports, site inspections, and any other review activities the Secretary determines to be appropriate; and ‘‘(D) provisions describing final agency actions after exhaustion of administrative appeals from determinations of the Secretary under paragraph (7). ‘‘(f) NO EFFECT ON OTHER LAW.—Nothing in this section affects the application of— ‘‘(1) any Federal environmental law; ‘‘(2) the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); or ‘‘(3) except as otherwise provided in this title, the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.). ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary such sums as are necessary for each of fiscal years 2006 through 2016 to carry out this section and to make grants or provide other appropriate assistance to Indian tribes to assist the Indian tribes in developing and implementing tribal energy resource agreements in accordance with this section. 25 USC 3505.

‘‘SEC. 2605. FEDERAL POWER MARKETING ADMINISTRATIONS.

‘‘(a) DEFINITIONS.—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) ENCOURAGEMENT OF INDIAN TRIBAL ENERGY DEVELOPMENT.—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) ACTION BY ADMINISTRATORS.—In carrying out this section, in accordance with laws in existence on the date of enactment of the Energy Policy Act of 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) ASSISTANCE FOR TRANSMISSION SYSTEM USE.—

VerDate 14-DEC-2004

08:19 Oct 26, 2006

Jkt 039194

PO 00001

Frm 00774

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.119

APPS06

PsN: PUBL001

�