WASHINGTON (March 27, 2025) – U.S. Senators Brian Schatz (D-Hawai‘i), Vice Chairman of the Senate Committee on Indian Affairs, and John Curtis (R-Utah) today introduced the Tribal Energy Fairness Act, bipartisan legislation aimed at expanding Tribal access to federal energy programs by removing unnecessary barriers and making technical fixes.
“Tribes deserve a fair shot at energy development, particularly on their own lands,” said Senator Schatz. “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.”
“Unnecessary red tape and outdated restrictions are holding back access to energy development opportunities,” said Senator Curtis. “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.”
“Energy production has long been vital to the modern Navajo economy and sustaining in our energy economy requires investing in its future. 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,” said Buu Nygren, President of the Navajo Nation.
“The Iowa Tribe of Oklahoma fully supports the bill, which will honor Tribal sovereignty and enable tribes to fully utilize the Grid Resiliency Grant funds and provide much needed services to Tribal Nations when natural disasters hit our communities,” said Jacob Keyes, Chairman of the Iowa Tribe of Oklahoma.
The bill addresses longstanding technical issues for Tribes in two key Department of Energy (DOE) programs. First, the legislation would eliminate the “double benefit restriction” under the Tribal Energy Loan Guarantee Program, allowing Tribes to use other federal funds alongside a loan guarantee to cover up to 100 percent of project costs. It would also remove the cost-match requirement and permanently authorize DOE to provide technical assistance to potential loan awardees. Second, the bill would remove a requirement that Tribes sub-grant Grid Resilience awards to utility providers and would eliminate the cost-share requirement, making it easier for Tribes to directly access and benefit from resilience funding.
The Tribal Energy Fairness Act reflects technical assistance provided by DOE and incorporates feedback from Tribal leaders and advocates. Schatz previously introduced the bill at the end of the 118th Congress and filed it as an amendment to the Fiscal Year 2025 National Defense Authorization Act (NDAA). The issues it addresses have been repeatedly raised during Committee oversight hearings, roundtables, and meetings with Tribes.
The legislation is backed by Tribal organizations and energy advocates working to expand energy access and resilience in Native communities.
The full text of the Tribal Energy Fairness Act is available here.