II 

Calendar No. 104 

117TH CONGRESS 

1ST SESSION S. 2377 

To invest in the energy and outdoor infrastructure of the United States 

to deploy new and innovative technologies, update existing infrastructure 

to be reliable and resilient, and secure energy infrastructure against 

physical and cyber threats, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2021 

Mr. MANCHIN, from the Committee on Energy and Natural Resources, reported the following original bill; which was read twice and placed on the 

calendar 

A BILL 

To invest in the energy and outdoor infrastructure of the 

United States to deploy new and innovative technologies, 

update existing infrastructure to be reliable and resilient, 

and secure energy infrastructure against physical and 

cyber threats, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Energy Infrastructure Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—GRID INFRASTRUCTURE AND RESILIENCY 

Subtitle A—Grid Infrastructure Resilience and Reliability 

Sec. 1001. Preventing outages and enhancing the resilience of the electric grid. 

Sec. 1002. Hazard mitigation using disaster assistance. 

Sec. 1003. Electric grid reliability and resilience research, development, and 

demonstration. 

Sec. 1004. Utility demand response. 

Sec. 1005. Siting of interstate electric transmission facilities. 

Sec. 1006. Rulemaking to increase the effectiveness of interregional transmission planning. 

Sec. 1007. Transmission facilitation program. 

Sec. 1008. Deployment of technologies to enhance grid flexibility. 

Sec. 1009. State energy security plans. 

Sec. 1010. State energy program. 

Sec. 1011. Power marketing administration transmission borrowing authority. 

Sec. 1012. Study of codes and standards for use of energy storage systems 

across sectors. 

Sec. 1013. Demonstration of electric vehicle battery second-life applications for 

grid services. 

Sec. 1014. Columbia Basin power management. 

Subtitle B—Cybersecurity 

Sec. 1101. Enhancing grid security through public-private partnerships. 

Sec. 1102. Energy Cyber Sense program. 

Sec. 1103. Incentives for advanced cybersecurity technology investment. 

Sec. 1104. Rural and municipal utility advanced cybersecurity grant and technical assistance program. 

Sec. 1105. Enhanced grid security. 

Sec. 1106. Cybersecurity plan. 

Sec. 1107. Savings provision. 

TITLE II—SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES 

Sec. 2001. Earth Mapping Resources Initiative. 

Sec. 2002. National Cooperative Geologic Mapping Program. 

Sec. 2003. National Geological and Geophysical Data Preservation Program. 

Sec. 2004. USGS energy and minerals research facility. 

Sec. 2005. Rare earth elements demonstration facility. 

Sec. 2006. Critical minerals supply chains and reliability. 

Sec. 2007. Battery processing and manufacturing. 

Sec. 2008. Electric drive vehicle battery recycling and second-life applications 

program. 

Sec. 2009. Advanced energy manufacturing and recycling grant program. 

Sec. 2010. Critical minerals mining and recycling research. 

Sec. 2011. 21st Century Energy Workforce Advisory Board. 


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TITLE III—FUELS AND TECHNOLOGY INFRASTRUCTURE 

INVESTMENTS 

Subtitle A—Carbon Capture, Utilization, Storage, and Transportation 

Infrastructure 

Sec. 3001. Findings. 

Sec. 3002. Carbon utilization program. 

Sec. 3003. Carbon capture technology program. 

Sec. 3004. Carbon dioxide transportation infrastructure finance and innovation. 

Sec. 3005. Carbon storage validation and testing. 

Sec. 3006. Secure geologic storage permitting. 

Sec. 3007. Geologic carbon sequestration on the outer Continental Shelf. 

Sec. 3008. Carbon removal. 

Subtitle B—Hydrogen Research and Development 

Sec. 3101. Findings; purpose. 

Sec. 3102. Definitions. 

Sec. 3103. Clean hydrogen research and development program. 

Sec. 3104. Additional clean hydrogen programs. 

Sec. 3105. Clean hydrogen production qualifications. 

Subtitle C—Nuclear Energy Infrastructure 

Sec. 3201. Infrastructure planning for micro and small modular nuclear reactors. 

Sec. 3202. Property interests relating to certain projects and protection of information relating to certain agreements. 

Sec. 3203. Civil nuclear credit program. 

Subtitle D—Hydropower 

Sec. 3301. Hydroelectric production incentives. 

Sec. 3302. Hydroelectric efficiency improvement incentives. 

Sec. 3303. Maintaining and enhancing hydroelectricity incentives. 

Sec. 3304. Pumped storage hydropower wind and solar integration and system 

reliability initiative. 

Sec. 3305. Authority for pumped storage hydropower development using multiple Bureau of Reclamation reservoirs. 

Sec. 3306. Limitations on issuance of certain leases of power privilege. 

Subtitle E—Miscellaneous 

Sec. 3401. Solar energy technologies on current and former mine land. 

Sec. 3402. Clean energy demonstration program on current and former mine 

land. 

Sec. 3403. Leases, easements, and rights-of-way for energy and related purposes on the outer Continental Shelf. 

TITLE IV—ENABLING ENERGY INFRASTRUCTURE INVESTMENT 

AND DATA COLLECTION 

Subtitle A—Department of Energy Loan Program 

Sec. 4001. Department of Energy loan programs. 

Subtitle B—Energy Information Administration 


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Sec. 4101. Definitions. 

Sec. 4102. Data collection in the electricity sector. 

Sec. 4103. Expansion of energy consumption surveys. 

Sec. 4104. Data collection on electric vehicle integration with the electricity 

grids. 

Sec. 4105. Plan for the modeling and forecasting of demand for minerals used 

in the energy sector. 

Sec. 4106. Expansion of international energy data. 

Sec. 4107. Plan for the National Energy Modeling System. 

Sec. 4108. Report on costs of carbon abatement in the electricity sector. 

Sec. 4109. Harmonization of efforts and data. 

Subtitle C—Miscellaneous 

Sec. 4201. Consideration of measures to promote greater electrification of the 

transportation sector. 

Sec. 4202. Office of public participation. 

Sec. 4203. Digital climate solutions report. 

Sec. 4204. Study and report by the Secretary of Energy on job loss and impacts on consumer energy costs due to the revocation of the 

permit for the Keystone XL pipeline. 

Sec. 4205. Study on impact of electric vehicles. 

Sec. 4206. Study on impact of forced labor in China on the electric vehicle supply chain. 

TITLE V—ENERGY EFFICIENCY AND BUILDING 

INFRASTRUCTURE 

Subtitle A—Residential and Commercial Energy Efficiency 

Sec. 5001. Definitions. 

Sec. 5002. Energy efficiency revolving loan fund capitalization grant program. 

Sec. 5003. Energy auditor training grant program. 

Subtitle B—Buildings 

Sec. 5101. Cost-effective codes implementation for efficiency and resilience. 

Sec. 5102. Building, training, and assessment centers. 

Sec. 5103. Career skills training. 

Sec. 5104. Commercial building energy consumption information sharing. 

Subtitle C—Industrial Energy Efficiency 

PART I—INDUSTRY

Sec. 5201. Future of industry program and industrial research and assessment 

centers. 

Sec. 5202. Sustainable manufacturing initiative. 

PART II—SMART MANUFACTURING

Sec. 5211. Definitions. 

Sec. 5212. Leveraging existing agency programs to assist small and medium 

manufacturers. 

Sec. 5213. Leveraging smart manufacturing infrastructure at National Laboratories. 

Sec. 5214. State manufacturing leadership. 

Sec. 5215. Report. 


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Subtitle D—Schools and Nonprofits 

Sec. 5301. Grants for energy efficiency improvements and renewable energy improvements at public school facilities. 

Sec. 5302. Energy efficiency materials pilot program. 

Subtitle E—Miscellaneous 

Sec. 5401. Weatherization assistance program. 

Sec. 5402. Energy Efficiency and Conservation Block Grant Program. 

Sec. 5403. Survey, analysis, and report on employment and demographics in 

the energy, energy efficiency, and motor vehicle sectors of the 

United States. 

Sec. 5404. Assisting Federal Facilities with Energy Conservation Technologies 

grant program. 

Sec. 5405. Rebates. 

Sec. 5406. Model guidance for combined heat and power systems and waste 

heat to power systems. 

TITLE VI—METHANE REDUCTION INFRASTRUCTURE 

Sec. 6001. Orphaned well site plugging, remediation, and restoration. 

TITLE VII—ABANDONED MINE LAND RECLAMATION 

Sec. 7001. Abandoned Mine Reclamation Fund authorization of appropriations. 

Sec. 7002. Abandoned mine reclamation fee. 

Sec. 7003. Amounts distributed from Abandoned Mine Reclamation Fund. 

Sec. 7004. Abandoned hardrock mine reclamation. 

TITLE VIII—NATURAL RESOURCES-RELATED INFRASTRUCTURE, 

WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATION 

Sec. 8001. Forest Service Legacy Road and Trail Remediation Program. 

Sec. 8002. Study and report on feasibility of revegetating reclaimed mine sites. 

Sec. 8003. Wildfire risk reduction. 

Sec. 8004. Ecosystem restoration. 

Sec. 8005. GAO study. 

Sec. 8006. Establishment of fuel breaks in forests and other wildland vegetation. 

Sec. 8007. Emergency actions. 

TITLE IX—WESTERN WATER INFRASTRUCTURE 

Sec. 9001. Authorizations of appropriations. 

Sec. 9002. Water storage, groundwater storage, and conveyance projects. 

Sec. 9003. Small water storage and groundwater storage projects. 

Sec. 9004. Critical maintenance and repair. 

Sec. 9005. Competitive grant program for large-scale water recycling and reuse 

program. 

Sec. 9006. Drought contingency plan funding requirements. 

Sec. 9007. Multi-benefit projects to improve watershed health. 

Sec. 9008. Eligible desalination projects. 

Sec. 9009. Clarification of authority to use coronavirus fiscal recovery funds to 

meet a non-Federal matching requirement for authorized Bureau of Reclamation water projects. 

Sec. 9010. Federal assistance for groundwater recharge, aquifer storage, and 

water source substitution projects. 


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TITLE X—AUTHORIZATION OF APPROPRIATIONS FOR ENERGY 

ACT OF 2020 

Sec. 10001. Energy storage demonstration projects. 

Sec. 10002. Advanced reactor demonstration program. 

Sec. 10003. Mineral security projects. 

Sec. 10004. Carbon capture demonstration and pilot programs. 

Sec. 10005. Direct air capture technologies prize competitions. 

Sec. 10006. Water power projects. 

Sec. 10007. Renewable energy projects. 

Sec. 10008. Industrial emissions demonstration projects. 

TITLE XI—WAGE RATE REQUIREMENTS 

Sec. 11001. Wage rate requirements. 

TITLE XII—MISCELLANEOUS 

Sec. 12001. Office of Clean Energy Demonstrations. 

Sec. 12002. Extension of Secure Rural Schools and Community Self-Determination Act of 2000. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Energy. 

5 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

6 has the meaning given the term in section 4 of the 

7 Indian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 5304). 

9 (3) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Energy. 


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1 TITLE I—GRID INFRASTRUC2 TURE AND RESILIENCY 

3 Subtitle A—Grid Infrastructure 

4 Resilience and Reliability 

5 SEC. 1001. PREVENTING OUTAGES AND ENHANCING THE 

6 RESILIENCE OF THE ELECTRIC GRID. 

7 (a) DEFINITIONS.—In this section: 

8 (1) DISRUPTIVE EVENT.—The term ‘‘disruptive 

9 event’’ means an event in which operations of the 

10 electric grid are disrupted, preventively shut off, or 

11 cannot operate safely due to extreme weather, wild12 fire, or a natural disaster. 

13 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti14 ty’’ means— 

15 (A) an electric grid operator; 

16 (B) an electricity storage operator; 

17 (C) an electricity generator; 

18 (D) a transmission owner or operator; 

19 (E) a distribution provider; 

20 (F) a fuel supplier; and 

21 (G) any other relevant entity, as deter22 mined by the Secretary. 

23 (3) NATURAL DISASTER.—The term ‘‘natural 

24 disaster’’ has the meaning given the term in section 


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1 602(a) of the Robert T. Stafford Disaster Relief and 

2 Emergency Assistance Act (42 U.S.C. 5195a(a)). 

3 (4) POWER LINE.—The term ‘‘power line’’ in4 cludes a transmission line or a distribution line, as 

5 applicable. 

6 (5) PROGRAM.—The term ‘‘program’’ means 

7 the program established under subsection (b). 

8 (b) ESTABLISHMENT OF PROGRAM.—Not later than 

9 180 days after the date of enactment of this Act, the Sec10 retary shall establish a program under which the Secretary 

11 shall make grants to eligible entities, States, and Indian 

12 Tribes in accordance with this section. 

13 (c) GRANTS TO ELIGIBLE ENTITIES.— 

14 (1) IN GENERAL.—The Secretary may make a 

15 grant under the program to an eligible entity to 

16 carry out activities that— 

17 (A) are supplemental to existing hardening 

18 efforts of the eligible entity planned for any 

19 given year; and 

20 (B)(i) reduce the risk of any power lines 

21 owned or operated by the eligible entity causing 

22 a wildfire; or 

23 (ii) increase the ability of the eligible entity 

24 to reduce the likelihood and consequences of 

25 disruptive events. 


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1 (2) APPLICATION.— 

2 (A) IN GENERAL.—An eligible entity desir3 ing a grant under the program shall submit to 

4 the Secretary an application at such time, in 

5 such manner, and containing such information 

6 as the Secretary may require. 

7 (B) REQUIREMENT.—As a condition of re8 ceiving a grant under the program, an eligible 

9 entity shall submit to the Secretary, as part of 

10 the application of the eligible entity submitted 

11 under subparagraph (A), a report detailing 

12 past, current, and future efforts by the eligible 

13 entity to reduce the likelihood and consequences 

14 of disruptive events. 

15 (3) LIMITATION.—The Secretary may not 

16 award a grant to an eligible entity in an amount 

17 that is greater than the total amount that the eligi18 ble entity has spent in the previous 3 years on ef19 forts to reduce the likelihood and consequences of 

20 disruptive events. 

21 (4) PRIORITY.—In making grants to eligible en22 tities under the program, the Secretary shall give 

23 priority to projects that, in the determination of the 

24 Secretary, will generate the greatest community benVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 efit (whether rural or urban) in reducing the likeli2 hood and consequences of disruptive events. 

3 (5) SMALL UTILITIES SET ASIDE.—The Sec4 retary shall ensure that not less than 30 percent of 

5 the amounts made available to eligible entities under 

6 the program are made available to eligible entities 

7 that sell not more than 4,000,000 megawatt hours 

8 of electricity per year. 

9 (d) GRANTS TO STATES AND INDIAN TRIBES.— 

10 (1) IN GENERAL.—The Secretary, in accord11 ance with this subsection, may make grants under 

12 the program to States and Indian Tribes, which 

13 each State or Indian Tribe may use to award grants 

14 to eligible entities. 

15 (2) ANNUAL APPLICATION.— 

16 (A) IN GENERAL.—For each fiscal year, to 

17 be eligible to receive a grant under this sub18 section, a State or Indian Tribe shall submit to 

19 the Secretary an application that includes a 

20 plan described in subparagraph (B). 

21 (B) PLAN REQUIRED.—A plan prepared by 

22 a State or Indian Tribe for purposes of an ap23 plication described in subparagraph (A) shall— 


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1 (i) describe the criteria and methods 

2 that will be used by the State or Indian 

3 Tribe to award grants to eligible entities; 

4 (ii) be adopted after notice and a pub5 lic hearing; and 

6 (iii) describe the proposed funding 

7 distributions and recipients of the grants 

8 to be provided by the State or Indian 

9 Tribe. 

10 (3) DISTRIBUTION OF FUNDS.— 

11 (A) IN GENERAL.—The Secretary shall 

12 provide grants to States and Indian Tribes 

13 under this subsection based on a formula deter14 mined by the Secretary, in accordance with sub15 paragraph (B). 

16 (B) REQUIREMENT.—The formula referred 

17 to in subparagraph (A) shall be based on the 

18 following factors: 

19 (i) The total population of the State 

20 or Indian Tribe. 

21 (ii)(I) The total area of the State or 

22 the land of the Indian Tribe; or 

23 (II) the areas in the State or on the 

24 land of the Indian Tribe with a low ratio 


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1 of electricity customers per mileage of 

2 power lines. 

3 (iii) The probability of disruptive 

4 events in the State or on the land of the 

5 Indian Tribe during the previous 10 years, 

6 as determined based on the number of fed7 erally declared disasters or emergencies in 

8 the State or on the land of the Indian 

9 Tribe, as applicable, including— 

10 (I) disasters for which Fire Man11 agement Assistance Grants are pro12 vided under section 420 of the Robert 

13 T. Stafford Disaster Relief and Emer14 gency Assistance Act (42 U.S.C. 

15 5187); 

16 (II) major disasters declared by 

17 the President under section 401 of 

18 that Act (42 U.S.C. 5170); 

19 (III) emergencies declared by the 

20 President under section 501 of that 

21 Act (42 U.S.C. 5191); and 

22 (IV) any other federally declared 

23 disaster or emergency in the State or 

24 on the land of the Indian Tribe. 


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1 (iv) The number and severity, meas2 ured by population and economic impacts, 

3 of disruptive events experienced by the 

4 State or Indian Tribe on or after January 

5 1, 2011. 

6 (v) The total amount, on a per capita 

7 basis, of public and private expenditures 

8 during the previous 10 years to carry out 

9 mitigation efforts to reduce the likelihood 

10 and consequences of disruptive events in 

11 the State or on the land of the Indian 

12 Tribe, with States or Indian Tribes with 

13 higher per capita expenditures receiving 

14 additional weight or consideration as com15 pared to States or Indian Tribes with 

16 lower per capita expenditures. 

17 (C) ANNUAL UPDATE OF DATA USED IN

18 DISTRIBUTION OF FUNDS.—Beginning 1 year 

19 after the date of enactment of this Act, the Sec20 retary shall annually update— 

21 (i) all data relating to the factors de22 scribed in subparagraph (B); and 

23 (ii) all other data used in distributing 

24 grants to States and Indian Tribes under 

25 this subsection. 


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1 (4) OVERSIGHT.—The Secretary shall ensure 

2 that each grant provided to a State or Indian Tribe 

3 under the program is allocated, pursuant to the ap4 plicable plan of the State or Indian Tribe, to eligible 

5 entities for projects within the State or on the land 

6 of the Indian Tribe. 

7 (5) PRIORITY.—In making grants to eligible en8 tities using funds made available to the applicable 

9 State or Indian Tribe under the program, the State 

10 or Indian Tribe shall give priority to projects that, 

11 in the determination of the State or Indian Tribe, 

12 will generate the greatest community benefit (wheth13 er rural or urban) in reducing the likelihood and 

14 consequences of disruptive events. 

15 (6) SMALL UTILITIES SET ASIDE.—A State or 

16 Indian Tribe receiving a grant under the program 

17 shall ensure that, of the amounts made available to 

18 eligible entities from funds made available to the 

19 State or Indian Tribe under the program, the per20 centage made available to eligible entities that sell 

21 not more than 4,000,000 megawatt hours of elec22 tricity per year is not less than the percentage of all 

23 customers in the State or Indian Tribe that are 

24 served by those eligible entities. 


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1 (7) TECHNICAL ASSISTANCE AND ADMINISTRA2 TIVE EXPENSES.—Of the amounts made available to 

3 a State or Indian Tribe under the program each fis4 cal year, the State or Indian Tribe may use not 

5 more than 5 percent for— 

6 (A) providing technical assistance under 

7 subsection (g)(1)(A); and 

8 (B) administrative expenses associated 

9 with the program. 

10 (8) MATCHING REQUIREMENT.—Each State 

11 and Indian Tribe shall be required to match 15 per12 cent of the amount of each grant provided to the 

13 State or Indian Tribe under the program. 

14 (e) USE OF GRANTS.— 

15 (1) IN GENERAL.—A grant awarded to an eligi16 ble entity under the program may be used for activi17 ties, technologies, equipment, and hardening meas18 ures to reduce the likelihood and consequences of 

19 disruptive events, including— 

20 (A) weatherization technologies and equip21 ment; 

22 (B) fire-resistant technologies and fire pre23 vention systems; 

24 (C) monitoring and control technologies; 


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1 (D) the undergrounding of electrical equip2 ment; 

3 (E) utility pole management; 

4 (F) the relocation of power lines or the 

5 reconductoring of power lines with low-sag, ad6 vanced conductors; 

7 (G) vegetation and fuel-load management; 

8 (H) the use or construction of distributed 

9 energy resources for enhancing system adaptive 

10 capacity during disruptive events, including— 

11 (i) microgrids; and 

12 (ii) battery-storage subcomponents; 

13 (I) adaptive protection technologies; 

14 (J) advanced modeling technologies; 

15 (K) hardening of power lines, facilities, 

16 substations, of other systems; and 

17 (L) the replacement of old overhead con18 ductors and underground cables. 

19 (2) PROHIBITIONS AND LIMITATIONS.— 

20 (A) IN GENERAL.—A grant awarded to an 

21 eligible entity under the program may not be 

22 used for— 

23 (i) construction of a new— 

24 (I) electric generating facility; or 


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1 (II) large-scale battery-storage 

2 facility that is not used for enhancing 

3 system adaptive capacity during dis4 ruptive events; or 

5 (ii) cybersecurity. 

6 (B) CERTAIN INVESTMENTS ELIGIBLE FOR

7 RECOVERY.— 

8 (i) IN GENERAL.—An eligible entity 

9 may not seek cost recovery for the portion 

10 of the cost of any system, technology, or 

11 equipment that is funded through a grant 

12 awarded under the program. 

13 (ii) SAVINGS PROVISION.—Nothing in 

14 this subparagraph prohibits an eligible en15 tity from recovering through traditional or 

16 incentive-based ratemaking any portion of 

17 an investment in a system, technology, or 

18 equipment that is not funded by a grant 

19 awarded under the program. 

20 (C) APPLICATION LIMITATIONS.—An eligi21 ble entity may not submit an application for a 

22 grant provided by the Secretary under sub23 section (c) and a grant provided by a State or 

24 Indian Tribe pursuant to subsection (d) during 

25 the same application cycle. 


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1 (f) DISTRIBUTION OF FUNDING.—Of the amounts 

2 made available to carry out the program for a fiscal year, 

3 the Secretary shall ensure that— 

4 (1) 50 percent is used to award grants to eligi5 ble entities under subsection (c); and 

6 (2) 50 percent is used to make grants to States 

7 and Indian Tribes under subsection (d). 

8 (g) TECHNICAL AND OTHER ASSISTANCE.— 

9 (1) IN GENERAL.—The Secretary, States, and 

10 Indian Tribes may— 

11 (A) provide technical assistance and facili12 tate the distribution and sharing of information 

13 to reduce the likelihood and consequences of 

14 disruptive events; and 

15 (B) promulgate consumer-facing informa16 tion and resources to inform the public of best 

17 practices and resources relating to reducing the 

18 likelihood and consequences of disruptive 

19 events. 

20 (2) USE OF FUNDS BY THE SECRETARY.—Of 

21 the amounts made available to the Secretary to 

22 carry out the program each fiscal year, the Secretary 

23 may use not more than 5 percent for— 

24 (A) providing technical assistance under 

25 paragraph (1)(A); and 


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1 (B) administrative expenses associated 

2 with the program. 

3 (h) MATCHING REQUIREMENT.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), an eligible entity that receives a grant 

6 under this section shall be required to match 100 

7 percent of the amount of the grant. 

8 (2) EXCEPTION FOR SMALL UTILITIES.—An eli9 gible entity that sells not more than 4,000,000 

10 megawatt hours of electricity per year shall be required to match 1 11 ⁄3 of the amount of the grant. 

12 (i) BIENNIAL REPORT TO CONGRESS.— 

13 (1) IN GENERAL.—Not later than 2 years after 

14 the date of enactment of this Act, and every 2 years 

15 thereafter through 2026, the Secretary shall submit 

16 to the Committee on Energy and Natural Resources 

17 of the Senate and the Committee on Energy and 

18 Commerce of the House of Representatives a report 

19 describing the program. 

20 (2) REQUIREMENTS.—The report under para21 graph (1) shall include information and data on— 

22 (A) the costs of the projects for which 

23 grants are awarded to eligible entities; 


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1 (B) the types of activities, technologies, 

2 equipment, and hardening measures funded by 

3 those grants; and 

4 (C) the extent to which the ability of the 

5 power grid to withstand disruptive events has 

6 increased. 

7 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Secretary to carry 

9 out the program $5,000,000,000 for the period of fiscal 

10 years 2022 through 2026. 

11 SEC. 1002. HAZARD MITIGATION USING DISASTER ASSIST12 ANCE. 

13 Section 404(f)(12) of the Robert T. Stafford Disaster 

14 Relief and Emergency Assistance Act (42 U.S.C. 

15 5170c(f)(12)) is amended— 

16 (1) by inserting ‘‘and wildfire’’ after ‘‘wind17 storm’’; 

18 (2) by striking ‘‘including replacing’’ and in19 serting the following: ‘‘including— 

20 ‘‘(A) replacing’’; 

21 (3) in subparagraph (A) (as so designated)— 

22 (A) by inserting ‘‘, wildfire,’’ after ‘‘ex23 treme wind’’; and 

24 (B) by adding ‘‘and’’ after the semicolon 

25 at the end; and 


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1 (4) by adding at the end the following: 

2 ‘‘(B) the installation of fire-resistant wires 

3 and infrastructure and the undergrounding of 

4 wires;’’. 

5 SEC. 1003. ELECTRIC GRID RELIABILITY AND RESILIENCE 

6 RESEARCH, DEVELOPMENT, AND DEM7 ONSTRATION. 

8 (a) DEFINITION OF FEDERAL FINANCIAL ASSIST9 ANCE.—In this section, the term ‘‘Federal financial assist10 ance’’ has the meaning given the term in section 200.1 

11 of title 2, Code of Federal Regulations. 

12 (b) ENERGY INFRASTRUCTURE FEDERAL FINANCIAL

13 ASSISTANCE PROGRAM.— 

14 (1) DEFINITIONS.—In this subsection: 

15 (A) ELIGIBLE ENTITY.—The term ‘‘eligible 

16 entity’’ means each of— 

17 (i) a State; 

18 (ii) a combination of 2 or more 

19 States; 

20 (iii) an Indian Tribe; 

21 (iv) a unit of local government; and 

22 (v) a public utility commission. 

23 (B) PROGRAM.—The term ‘‘program’’ 

24 means the competitive Federal financial assist25 ance program established under paragraph (2). 


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1 (2) ESTABLISHMENT.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary shall establish a program, to be known as the 

4 ‘‘Program Upgrading Our Electric Grid and Ensur5 ing Reliability and Resiliency’’, to provide, on a com6 petitive basis, Federal financial assistance to eligible 

7 entities to carry out the purpose described in para8 graph (3). 

9 (3) PURPOSE.—The purpose of the program is 

10 to coordinate and collaborate with electric sector 

11 owners and operators— 

12 (A) to demonstrate innovative approaches 

13 to transmission, storage, and distribution infra14 structure to harden and enhance resilience and 

15 reliability; and 

16 (B) to demonstrate new approaches to en17 hance regional grid resilience, implemented 

18 through States by public and rural electric co19 operative entities on a cost-shared basis. 

20 (4) APPLICATIONS.—To be eligible to receive 

21 Federal financial assistance under the program, an 

22 eligible entity shall submit to the Secretary an appli23 cation at such time, in such manner, and containing 

24 such information as the Secretary may require, in25 cluding a description of— 


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1 (A) how the Federal financial assistance 

2 would be used; 

3 (B) the expected beneficiaries, and 

4 (C) in the case of a proposal from an eligi5 ble entity described in paragraph (1)(A)(ii), 

6 how the proposal would improve regional energy 

7 infrastructure. 

8 (5) SELECTION.—The Secretary shall select eli9 gible entities to receive Federal financial assistance 

10 under the program on a competitive basis. 

11 (6) COST SHARE.—Section 988 of the Energy 

12 Policy Act of 2005 (42 U.S.C. 16352) shall apply to 

13 Federal financial assistance provided under the pro14 gram. 

15 (7) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to the Sec17 retary to carry out this subsection, $5,000,000,000 

18 for the period of fiscal years 2022 through 2026. 

19 (c) ENERGY IMPROVEMENT IN RURAL OR REMOTE

20 AREAS.— 

21 (1) DEFINITION OF RURAL OR REMOTE

22 AREA.—In this subsection, the term ‘‘rural or re23 mote area’’ means a city, town, or unincorporated 

24 area that has a population of not more than 10,000 

25 inhabitants. 


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1 (2) REQUIRED ACTIVITIES.—The Secretary 

2 shall carry out activities to improve in rural or re3 mote areas of the United States— 

4 (A) the resilience, safety, reliability, and 

5 availability of energy; and 

6 (B) environmental protection from adverse 

7 impacts of energy generation. 

8 (3) FEDERAL FINANCIAL ASSISTANCE.—The 

9 Secretary, in consultation with the Secretary of the 

10 Interior, may provide Federal financial assistance to 

11 rural or remote areas for the purpose of— 

12 (A) overall cost-effectiveness of energy gen13 eration, transmission, or distribution systems; 

14 (B) siting or upgrading transmission and 

15 distribution lines; 

16 (C) reducing greenhouse gas emissions 

17 from energy generation by rural or remote 

18 areas; 

19 (D) providing or modernizing electric gen20 eration facilities; 

21 (E) developing microgrids; and 

22 (F) increasing energy efficiency. 

23 (4) AUTHORIZATION OF APPROPRIATIONS.— 

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1 retary to carry out this subsection, $1,000,000,000 

2 for the period of fiscal years 2022 through 2026. 

3 (d) ENERGY INFRASTRUCTURE RESILIENCE FRAME4 WORK.— 

5 (1) IN GENERAL.—The Secretary, in collabora6 tion with the Secretary of Homeland Security, the 

7 Federal Energy Regulatory Commission, the North 

8 American Electric Reliability Corporation, and inter9 ested energy infrastructure stakeholders, shall de10 velop common analytical frameworks, tools, metrics, 

11 and data to assess the resilience, reliability, safety, 

12 and security of energy infrastructure in the United 

13 States, including by developing and storing an inven14 tory of easily transported high-voltage recovery 

15 transformers and other required equipment. 

16 (2) ASSESSMENT AND REPORT.— 

17 (A) ASSESSMENT.—The Secretary shall 

18 carry out an assessment of— 

19 (i) with respect to the inventory of 

20 high-voltage recovery transformers, new 

21 transformers, and other equipment pro22 posed to be developed and stored under 

23 paragraph (1)— 

24 (I) the policies, technical speci25 fications, and logistical and program 


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1 structures necessary to mitigate the 

2 risks associated with the loss of high3 voltage recovery transformers; 

4 (II) the technical specifications 

5 for high-voltage recovery trans6 formers; 

7 (III) where inventory of high8 voltage recovery transformers should 

9 be stored; 

10 (IV) the quantity of high-voltage 

11 recovery transformers necessary for 

12 the inventory; 

13 (V) how the stored inventory of 

14 high-voltage recovery transformers 

15 would be secured and maintained; 

16 (VI) how the high-voltage recov17 ery transformers may be transported; 

18 (VII) opportunities for developing 

19 new flexible advanced transformer de20 signs; and 

21 (VIII) whether new Federal regu22 lations or cost-sharing requirements 

23 are necessary to carry out the storage 

24 of high-voltage recovery transformers; 

25 and 


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1 (ii) any efforts carried out by industry 

2 as of the date of the assessment— 

3 (I) to share transformers and 

4 equipment; 

5 (II) to develop plans for next 

6 generation transformers; and 

7 (III) to plan for surge and long8 term manufacturing of, and long-term 

9 standardization of, transformer de10 signs. 

11 (B) PROTECTION OF INFORMATION.—In12 formation that is provided to, generated by, or 

13 collected by the Secretary under subparagraph 

14 (A) shall be considered to be critical electric in15 frastructure information under section 215A of 

16 the Federal Power Act (16 U.S.C. 824o–1). 

17 (C) REPORT.—Not later than 180 days 

18 after the date of enactment of this Act, the Sec19 retary shall submit to Congress a report de20 scribing the results of the assessment carried 

21 out under subparagraph (A). 

22 SEC. 1004. UTILITY DEMAND RESPONSE. 

23 (a) CONSIDERATION OF DEMAND-RESPONSE STAND24 ARD.— 


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1 (1) IN GENERAL.—Section 111(d) of the Public 

2 Utility Regulatory Policies Act of 1978 (16 U.S.C. 

3 2621(d)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(20) DEMAND-RESPONSE PRACTICES.— 

6 ‘‘(A) IN GENERAL.—Each electric utility 

7 shall promote the use of demand-response and 

8 demand flexibility practices by commercial, resi9 dential, and industrial consumers to reduce 

10 electricity consumption during periods of un11 usually high demand. 

12 ‘‘(B) RATE RECOVERY.— 

13 ‘‘(i) IN GENERAL.—Each State regu14 latory authority shall consider establishing 

15 rate mechanisms allowing an electric utility 

16 with respect to which the State regulatory 

17 authority has ratemaking authority to 

18 timely recover the costs of promoting de19 mand-response and demand flexibility 

20 practices in accordance with subparagraph 

21 (A). 

22 ‘‘(ii) NONREGULATED ELECTRIC UTIL23 ITIES.—A nonregulated electric utility may 

24 establish rate mechanisms for the timely 

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1 response and demand flexibility practices 

2 in accordance with subparagraph (A).’’. 

3 (2) COMPLIANCE.— 

4 (A) TIME LIMITATIONS.—Section 112(b) 

5 of the Public Utility Regulatory Policies Act of 

6 1978 (16 U.S.C. 2622(b)) is amended by add7 ing at the end the following: 

8 ‘‘(7)(A) Not later than 1 year after the date of 

9 enactment of this paragraph, each State regulatory 

10 authority (with respect to each electric utility for 

11 which the State has ratemaking authority) and each 

12 nonregulated electric utility shall commence consid13 eration under section 111, or set a hearing date for 

14 consideration, with respect to the standard estab15 lished by paragraph (20) of section 111(d). 

16 ‘‘(B) Not later than 2 years after the date of 

17 enactment of this paragraph, each State regulatory 

18 authority (with respect to each electric utility for 

19 which the State has ratemaking authority), and each 

20 nonregulated electric utility shall complete the con21 sideration and make the determination under section 

22 111 with respect to the standard established by 

23 paragraph (20) of section 111(d).’’. 

24 (B) FAILURE TO COMPLY.— 


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1 (i) IN GENERAL.—Section 112(c) of 

2 the Public Utility Regulatory Policies Act 

3 of 1978 (16 U.S.C. 2622(c)) is amended— 

4 (I) by striking ‘‘such paragraph 

5 (14)’’ and all that follows through 

6 ‘‘paragraphs (16)’’ and inserting 

7 ‘‘such paragraph (14). In the case of 

8 the standard established by paragraph 

9 (15) of section 111(d), the reference 

10 contained in this subsection to the 

11 date of enactment of this Act shall be 

12 deemed to be a reference to the date 

13 of enactment of that paragraph (15). 

14 In the case of the standards estab15 lished by paragraphs (16)’’; and 

16 (II) by adding at the end the fol17 lowing: ‘‘In the case of the standard 

18 established by paragraph (20) of sec19 tion 111(d), the reference contained in 

20 this subsection to the date of enact21 ment of this Act shall be deemed to be 

22 a reference to the date of enactment 

23 of that paragraph (20).’’. 

24 (ii) TECHNICAL CORRECTION.—Para25 graph (2) of section 1254(b) of the Energy 


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1 Policy Act of 2005 (Public Law 109–58; 

2 119 Stat. 971) is repealed and the amend3 ment made by that paragraph (as in effect 

4 on the day before the date of enactment of 

5 this Act) is void, and section 112(d) of the 

6 Public Utility Regulatory Policies Act of 

7 1978 (16 U.S.C. 2622(d)) shall be in ef8 fect as if that amendment had not been en9 acted. 

10 (C) PRIOR STATE ACTIONS.— 

11 (i) IN GENERAL.—Section 112 of the 

12 Public Utility Regulatory Policies Act of 

13 1978 (16 U.S.C. 2622) is amended by add14 ing at the end the following: 

15 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 

16 (c) shall not apply to the standard established by para17 graph (20) of section 111(d) in the case of any electric 

18 utility in a State if, before the date of enactment of this 

19 subsection— 

20 ‘‘(1) the State has implemented for the electric 

21 utility the standard (or a comparable standard); 

22 ‘‘(2) the State regulatory authority for the 

23 State or the relevant nonregulated electric utility has 

24 conducted a proceeding to consider implementation 


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1 of the standard (or a comparable standard) for the 

2 electric utility; or 

3 ‘‘(3) the State legislature has voted on the im4 plementation of the standard (or a comparable 

5 standard) for the electric utility.’’. 

6 (ii) CROSS-REFERENCE.—Section 124 

7 of the Public Utility Regulatory Policies 

8 Act of 1978 (16 U.S.C. 2634) is amend9 ed— 

10 (I) by striking ‘‘this subsection’’ 

11 each place it appears and inserting 

12 ‘‘this section’’; and 

13 (II) by adding at the end the fol14 lowing: ‘‘In the case of the standard 

15 established by paragraph (20) of sec16 tion 111(d), the reference contained in 

17 this section to the date of enactment 

18 of this Act shall be deemed to be a 

19 reference to the date of enactment of 

20 that paragraph (20).’’. 

21 (b) OPTIONAL FEATURES OF STATE ENERGY CON22 SERVATION PLANS.—Section 362(d) of the Energy Policy 

23 and Conservation Act (42 U.S.C. 6322(d)) is amended— 

24 (1) in paragraph (16), by striking ‘‘and’’ at the 

25 end; 


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1 (2) by redesignating paragraph (17) as para2 graph (18); and 

3 (3) by inserting after paragraph (16) the fol4 lowing: 

5 ‘‘(17) programs that promote the installation 

6 and use of demand-response technology and de7 mand-response practices; and’’. 

8 (c) FEDERAL ENERGY MANAGEMENT PROGRAM.— 

9 Section 543(i) of the National Energy Conservation Policy 

10 Act (42 U.S.C. 8253(i)) is amended— 

11 (1) in paragraph (1)— 

12 (A) in subparagraph (A), by striking 

13 ‘‘and’’ at the end; 

14 (B) in subparagraph (B), by striking the 

15 period at the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(C) to reduce energy consumption during 

18 periods of unusually high electricity or natural 

19 gas demand.’’; and 

20 (2) in paragraph (3)(A)— 

21 (A) in clause (v), by striking ‘‘and’’ at the 

22 end; 

23 (B) in clause (vi), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(vii) promote the installation of de2 mand-response technology and the use of 

3 demand-response practices in Federal 

4 buildings.’’. 

5 (d) COMPONENTS OF ZERO-NET-ENERGY COMMER6 CIAL BUILDINGS INITIATIVE.—Section 422(d)(3) of the 

7 Energy Independence and Security Act of 2007 (42 

8 U.S.C. 17082(d)) is amended by inserting ‘‘(including de9 mand-response technologies, practices, and policies)’’ after 

10 ‘‘policies’’. 

11 SEC. 1005. SITING OF INTERSTATE ELECTRIC TRANS12 MISSION FACILITIES. 

13 (a) DESIGNATION OF NATIONAL INTEREST ELEC14 TRIC TRANSMISSION CORRIDORS.—Section 216(a) of the 

15 Federal Power Act (16 U.S.C. 824p(a)) is amended— 

16 (1) in paragraph (1)— 

17 (A) by inserting ‘‘and Indian Tribes’’ after 

18 ‘‘affected States’’; and 

19 (B) by inserting ‘‘capacity constraints 

20 and’’ before ‘‘congestion’’; 

21 (2) in paragraph (2)— 

22 (A) by striking ‘‘After’’ and inserting ‘‘Not 

23 less frequently than once every 3 years, the Sec24 retary, after’’; and 


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1 (B) by striking ‘‘affected States’’ and all 

2 that follows through the period at the end and 

3 inserting the following: ‘‘affected States and In4 dian Tribes), shall issue a report, based on the 

5 study under paragraph (1) or other information 

6 relating to electric transmission capacity con7 straints and congestion, which may designate as 

8 a national interest electric transmission corridor 

9 any geographic area that— 

10 ‘‘(i) is experiencing electric energy 

11 transmission capacity constraints or con12 gestion that adversely affects consumers; 

13 or 

14 ‘‘(ii) is expected to experience such 

15 energy transmission capacity constraints or 

16 congestion.’’; 

17 (3) in paragraph (3)— 

18 (A) by striking ‘‘The Secretary shall con19 duct the study and issue the report in consulta20 tion’’ and inserting ‘‘Not less frequently than 

21 once every 3 years, the Secretary, in conducting 

22 the study under paragraph (1) and issuing the 

23 report under paragraph (2), shall consult’’; and 

24 (4) in paragraph (4)— 


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1 (A) in subparagraph (C), by inserting ‘‘or 

2 energy security’’ after ‘‘independence’’; 

3 (B) in subparagraph (D), by striking 

4 ‘‘and’’ at the end; 

5 (C) in subparagraph (E), by striking the 

6 period at the end and inserting a semicolon; 

7 and 

8 (D) by adding at the end the following: 

9 ‘‘(F) the designation would enhance the ability 

10 of facilities that generate or transmit firm or inter11 mittent energy to connect to the electric grid; 

12 ‘‘(G) the designation— 

13 ‘‘(i) maximizes existing rights-of-way; and 

14 ‘‘(ii) avoids and minimizes, to the max15 imum extent practicable, and offsets to the ex16 tent appropriate and practicable, sensitive envi17 ronmental areas and cultural heritage sites; and 

18 ‘‘(H) the designation would result in a reduc19 tion in the cost to purchase electric energy for con20 sumers.’’. 

21 (b) CONSTRUCTION PERMIT.—Section 216(b) of the 

22 Federal Power Act (16 U.S.C. 824p(b)) is amended— 

23 (1) in paragraph (1)— 


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1 (A) in subparagraph (A)(ii), by inserting 

2 ‘‘or interregional benefits’’ after ‘‘interstate 

3 benefits’’; and 

4 (B) by striking subparagraph (C) and in5 serting the following: 

6 ‘‘(C) a State commission or other entity that 

7 has authority to approve the siting of the facilities— 

8 ‘‘(i) has not made a determination on an 

9 application seeking approval pursuant to appli10 cable law by the date that is 1 year after the 

11 later of— 

12 ‘‘(I) the date on which the application 

13 was filed; and 

14 ‘‘(II) the date on which the relevant 

15 national interest electric transmission cor16 ridor was designated by the Secretary 

17 under subsection (a); 

18 ‘‘(ii) has conditioned its approval in such a 

19 manner that the proposed construction or modi20 fication will not significantly reduce trans21 mission capacity constraints or congestion in 

22 interstate commerce or is not economically fea23 sible; or 

24 ‘‘(iii) has denied an application seeking ap25 proval pursuant to applicable law;’’. 


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1 (c) RIGHTS-OF-WAY.—Section 216(e)(1) of the Fed2 eral Power Act (16 U.S.C. 824p(e)(1)) is amended by 

3 striking ‘‘modify the transmission facilities, the’’ and in4 serting ‘‘modify, and operate and maintain, the trans5 mission facilities and, in the determination of the Commis6 sion, the permit holder has made good faith efforts to en7 gage with landowners and other stakeholders early in the 

8 applicable permitting process, the’’. 

9 (d) INTERSTATE COMPACTS.—Section 216(i) of the 

10 Federal Power Act (16 U.S.C. 824p(i)) is amended— 

11 (1) in paragraph (2), by striking ‘‘may’’ and in12 serting ‘‘shall’’; and 

13 (2) in paragraph (4), by striking ‘‘the mem14 bers’’ and all that follows through the period at the 

15 end and inserting the following: ‘‘the Secretary de16 termines that the members of the compact are in 

17 disagreement after the later of— 

18 ‘‘(A) the date that is 1 year after the date 

19 on which the relevant application for the facility 

20 was filed; and 

21 ‘‘(B) the date that is 1 year after the date 

22 on which the relevant national interest electric 

23 transmission corridor was designated by the 

24 Secretary under subsection (a).’’. 


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1 SEC. 1006. RULEMAKING TO INCREASE THE EFFECTIVE2 NESS OF INTERREGIONAL TRANSMISSION 

3 PLANNING. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of enactment of this Act, the Federal Energy Regu6 latory Commission shall initiate a rulemaking address7 ing— 

8 (1) the effectiveness of existing planning proc9 esses for identifying interregional transmission 

10 projects that provide economic, reliability and oper11 ational benefits, taking into consideration the public 

12 interest, the integrity of markets, and the protection 

13 of consumers; 

14 (2) changes to the processes described in para15 graph (1) to ensure that efficient, cost-effective, and 

16 broadly beneficial interregional transmission solu17 tions are selected for cost allocation, taking into con18 sideration— 

19 (A) the public interest; 

20 (B) the protection of consumers; 

21 (C) the broad range of economic, reli22 ability, and operational benefits that inter23 regional transmission provides; 

24 (D) the needs of load-serving entities to 

25 satisfy their native load service obligations; 


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1 (E) the need for single projects to secure 

2 approvals based on a comprehensive assessment 

3 of the multiple benefits provided; 

4 (F) the importance of synchronization of 

5 planning processes in neighboring regions, such 

6 as using a joint model on a consistent timeline 

7 with a single set of needs, input assumptions, 

8 and benefit metrics; 

9 (G) that evaluation of long-term scenarios 

10 should consider the expected life of a trans11 mission asset and the potential for future 

12 changes in the topology of the transmission sys13 tem; 

14 (H) that transmission planning authorities 

15 should allow for the identification and joint 

16 evaluation of alternatives; and 

17 (I) that interregional planning should be 

18 done regularly and not less frequently than 

19 once every 5 years; and 

20 (3) cost allocation methodologies that reflect 

21 the multiple benefits provided by interregional trans22 mission solutions, including economic, reliability, and 

23 operational benefits. 

24 (b) TIMING.—Not later than 18 months after the 

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1 latory Commission shall promulgate a final rule to com2 plete the rulemaking initiated under subsection (a). 

3 (c) SAVINGS PROVISION.—Nothing in this section 

4 modifies the obligations of the Commission under section 

5 217(b)(4) of the Federal Power Act (16 U.S.C. 

6 824q(b)(4)). 

7 SEC. 1007. TRANSMISSION FACILITATION PROGRAM. 

8 (a) DEFINITIONS.—In this section: 

9 (1) CAPACITY CONTRACT.—The term ‘‘capacity 

10 contract’’ means a contract entered into by the Sec11 retary and an eligible entity under subsection 

12 (e)(1)(A) for the right to the use of the transmission 

13 capacity of an eligible project. 

14 (2) ELIGIBLE ELECTRIC POWER TRANSMISSION

15 LINE.—The term ‘‘eligible electric power trans16 mission line’’ means an electric power transmission 

17 line that is capable of transmitting not less than— 

18 (A) 1,000 megawatts; or 

19 (B) in the case of a project that consists 

20 of upgrading an existing transmission line or 

21 constructing a new transmission line in an ex22 isting transmission, transportation, or tele23 communications infrastructure corridor, 500 

24 megawatts. 


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1 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means a non-Federal entity seeking to carry out 

3 an eligible project. 

4 (4) ELIGIBLE PROJECT.—The term ‘‘eligible 

5 project’’ means a project (including any related facil6 ity)— 

7 (A) to construct a new or replace an exist8 ing eligible electric power transmission line; 

9 (B) to increase the transmission capacity 

10 of an existing eligible electric power trans11 mission line; or 

12 (C) to connect an isolated microgrid to an 

13 existing transmission, transportation, or tele14 communications infrastructure corridor located 

15 in Alaska, Hawaii, or a territory of the United 

16 States. 

17 (5) FUND.—The term ‘‘Fund’’ means the 

18 Transmission Facilitation Fund established by sub19 section (d)(1). 

20 (6) PROGRAM.—The term ‘‘program’’ means 

21 the Transmission Facilitation Program established 

22 by subsection (b). 

23 (7) RELATED FACILITY.— 


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1 (A) IN GENERAL.—The term ‘‘related fa2 cility’’ means a facility related to an eligible 

3 project described in paragraph (4). 

4 (B) EXCLUSIONS.—The term ‘‘related fa5 cility’’ does not include— 

6 (i) facilities used primarily to generate 

7 electric energy; or 

8 (ii) facilities used in the local distribu9 tion of electric energy. 

10 (b) ESTABLISHMENT.—There is established a pro11 gram, to be known as the ‘‘Transmission Facilitation Pro12 gram’’, under which the Secretary shall facilitate the con13 struction of non-Federal electric power transmission lines 

14 and related facilities in accordance with subsection (e). 

15 (c) APPLICATIONS.— 

16 (1) IN GENERAL.—To be eligible for assistance 

17 under this section, an eligible entity shall submit to 

18 the Secretary an application at such time, in such 

19 manner, and containing such information as the Sec20 retary may require. 

21 (2) PROCEDURES.—The Secretary shall estab22 lish procedures for the solicitation and review of ap23 plications from eligible entities. 

24 (d) FUNDING.— 


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1 (1) TRANSMISSION FACILITATION FUND.— 

2 There is established in the Treasury a fund, to be 

3 known as the ‘‘Transmission Facilitation Fund’’, 

4 consisting of— 

5 (A) all amounts received by the Secretary, 

6 including receipts, collections, and recoveries, 

7 from any source relating to expenses incurred 

8 by the Secretary in carrying out the program, 

9 including— 

10 (i) costs recovered pursuant to para11 graph (4); 

12 (ii) amounts received as repayment of 

13 a loan issued to an eligible entity under 

14 subsection (e)(1)(B); and 

15 (iii) amounts contributed by eligible 

16 entities for the purpose of carrying out an 

17 eligible project with respect to which the 

18 Secretary is participating with the eligible 

19 entity under subsection (e)(1)(C); 

20 (B) all amounts borrowed from the Sec21 retary of the Treasury by the Secretary for the 

22 program under paragraph (2); and 

23 (C) any amounts appropriated to the Sec24 retary for the program. 


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1 (2) BORROWING AUTHORITY.—The Secretary of 

2 the Treasury may, without further appropriation 

3 and without fiscal year limitation, loan to the Sec4 retary on such terms as may be fixed by the Sec5 retary and the Secretary of the Treasury, such sums 

6 as, in the judgment of the Secretary, are from time 

7 to time required for the purpose of carrying out the 

8 program, not to exceed, in the aggregate (including 

9 deferred interest), $2,500,000,000 in outstanding 

10 repayable balances at any 1 time. 

11 (3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to the Sec13 retary to carry out the program, including for any 

14 administrative expenses of carrying out the program 

15 that are not recovered under paragraph (4), 

16 $10,000,000 for each of fiscal years 2022 through 

17 2026. 

18 (4) COST RECOVERY.— 

19 (A) IN GENERAL.—Except as provided in 

20 subparagraph (B), the cost of any facilitation 

21 activities carried out by the Secretary under 

22 subsection (e)(1) shall be collected— 

23 (i) from eligible entities receiving the 

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1 ity, on a schedule to be determined by the 

2 Secretary; or 

3 (ii) with respect to a contracted trans4 mission capacity under subsection 

5 (e)(1)(A) through rates charged for the 

6 use of the contracted transmission capac7 ity. 

8 (B) FORGIVENESS OF BALANCES.— 

9 (i) TERMINATION OR END OF USEFUL

10 LIFE.—If, at the end of the useful life of 

11 an eligible project or the termination of a 

12 capacity contract under subsection (f)(5), 

13 there is a remaining balance owed to the 

14 Treasury under this section, the balance 

15 shall be forgiven. 

16 (ii) UNCONSTRUCTED PROJECTS.— 

17 Funds expended to study projects that are 

18 considered pursuant to this section but 

19 that are not constructed shall be forgiven. 

20 (C) RECOVERY OF COSTS OF ELIGIBLE

21 PROJECTS.—The Secretary may collect the 

22 costs of any activities carried out by the Sec23 retary with respect to an eligible project in 

24 which the Secretary participates with an eligible 

25 entity under subsection (e)(1)(C) through rates 


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1 charged to customers benefitting from the new 

2 transmission capability provided by the eligible 

3 project. 

4 (e) FACILITATION OF ELIGIBLE PROJECTS.— 

5 (1) IN GENERAL.—To facilitate eligible 

6 projects, the Secretary may— 

7 (A) subject to subsections (f) and (i), enter 

8 into a capacity contract with respect to an eligi9 ble project prior to the date on which the eligi10 ble project is completed; 

11 (B) subject to subsections (g) and (i), issue 

12 a loan to an eligible entity for the costs of car13 rying out an eligible project; or 

14 (C) subject to subsections (h) and (i), par15 ticipate with an eligible entity in designing, de16 veloping, constructing, operating, maintaining, 

17 or owning an eligible project. 

18 (2) REQUIREMENT.—The provision and receipt 

19 of assistance for an eligible project under paragraph 

20 (1) shall be subject to such terms and conditions as 

21 the Secretary determines to be appropriate— 

22 (A) to ensure the success of the program; 

23 and 

24 (B) to protect the interests of the United 

25 States. 


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1 (f) CAPACITY CONTRACTS.— 

2 (1) PURPOSE.—In entering into capacity con3 tracts under subsection (e)(1)(A), the Secretary 

4 shall seek to enter into capacity contracts that will 

5 encourage other entities to enter into contracts for 

6 the transmission capacity of the eligible project. 

7 (2) PAYMENT.—The amount paid by the Sec8 retary to an eligible entity under a capacity contract 

9 for the right to the use of the transmission capacity 

10 of an eligible project shall be— 

11 (A) the fair market value for the use of the 

12 transmission capacity, as determined by the 

13 Secretary, taking into account, as the Secretary 

14 determines to be necessary, the comparable 

15 value for the use of the transmission capacity of 

16 other electric power transmission lines; and 

17 (B) on a schedule and in such divided 

18 amounts, which may be a single amount, that 

19 the Secretary determines are likely to facilitate 

20 construction of the eligible project, taking into 

21 account standard industry practice and factors 

22 specific to each applicant, including, as applica23 ble— 


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1 (i) potential review by a State regu2 latory entity of the revenue requirement of 

3 an electric utility; and 

4 (ii) the financial model of an inde5 pendent transmission developer. 

6 (3) LIMITATIONS.—A capacity contract shall— 

7 (A) be for a term of not more than 40 

8 years; and 

9 (B) be for not more than 50 percent of the 

10 total proposed transmission capacity of the ap11 plicable eligible project. 

12 (4) TRANSMISSION MARKETING.— 

13 (A) IN GENERAL.—If the Secretary has 

14 not terminated a capacity contract under para15 graph (5) before the applicable eligible project 

16 enters into service, the Secretary may enter into 

17 1 or more contracts with a third party to mar18 ket the transmission capacity of the eligible 

19 project to which the Secretary holds rights 

20 under the capacity contract. 

21 (B) RETURN.—The Secretary shall seek to 

22 ensure that any contract entered into under 

23 subparagraph (A) maximizes the financial re24 turn to the Federal Government. 


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1 (C) COMPETITIVE SOLICITATION.—The 

2 Secretary shall only select third parties for con3 tracts under this paragraph through a competi4 tive solicitation. 

5 (5) TERMINATION.— 

6 (A) IN GENERAL.—The Secretary shall 

7 seek to terminate a capacity contract as soon as 

8 practicable after determining that sufficient 

9 transmission capacity of the eligible project has 

10 been secured by other entities to ensure the 

11 long-term financial viability of the eligible 

12 project, including through 1 or more transfers 

13 under subparagraph (B). 

14 (B) TRANSFER.—On payment to the Sec15 retary by a third party for transmission capac16 ity to which the Secretary has rights under a 

17 capacity contract, the Secretary may transfer 

18 the rights to that transmission capacity to that 

19 third party. 

20 (C) RELINQUISHMENT.—On payment to 

21 the Secretary by the applicable eligible entity 

22 for transmission capacity to which the Sec23 retary has rights under a capacity contract, the 

24 Secretary may relinquish the rights to that 

25 transmission capacity to the eligible entity. 


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1 (D) REQUIREMENT.—A payment under 

2 subparagraph (B) or (C) shall be in an amount 

3 sufficient for the Secretary to recover any re4 maining costs incurred by the Secretary with 

5 respect to the quantity of transmission capacity 

6 affected by the transfer under subparagraph 

7 (B) or the relinquishment under subparagraph 

8 (C), as applicable. 

9 (6) OTHER FEDERAL CAPACITY POSITIONS.— 

10 The existence of a capacity contract does not pre11 clude a Federal entity, including a Federal power 

12 marketing administration, from otherwise securing 

13 transmission capacity at any time from an eligible 

14 project, to the extent that the Federal entity is au15 thorized to secure that transmission capacity. 

16 (7) FORM OF FINANCIAL ASSISTANCE.—Enter17 ing into a capacity contract under subsection 

18 (e)(1)(A) shall be considered a form of financial as19 sistance described in section 1508.1(q)(1)(vii) of title 

20 40, Code of Federal Regulations (as in effect on the 

21 date of enactment of this Act). 

22 (g) INTEREST RATE ON LOANS.—The rate of interest 

23 to be charged in connection with any loan made by the 

24 Secretary to an eligible entity under subsection (e)(1)(B) 

25 shall be fixed by the Secretary, taking into consideration 


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1 market yields on outstanding marketable obligations of the 

2 United States of comparable maturities as of the date of 

3 the loan. 

4 (h) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec5 retary may participate with an eligible entity with respect 

6 to an eligible project under subsection (e)(1)(C) if the Sec7 retary determines that the eligible project— 

8 (1)(A) is located in an area designated as a na9 tional interest electric transmission corridor pursu10 ant to section 216(a) of the Federal Power Act 16 

11 U.S.C. 824p(a); or 

12 (B) is necessary to accommodate an actual or 

13 projected increase in demand for electric trans14 mission capacity across more than 1 State or trans15 mission planning region; 

16 (2) is consistent with efficient and reliable oper17 ation of the transmission grid; 

18 (3) will be operated in conformance with pru19 dent utility practices; 

20 (4) will be operated in conformance with the 

21 rules of— 

22 (A) a Transmission Organization (as de23 fined in section 3 of the Federal Power Act (16 

24 U.S.C. 796)), if applicable; or 

25 (B) a regional reliability organization; and 


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1 (5) is not duplicative of the functions of exist2 ing transmission facilities that are the subject of on3 going siting and related permitting proceedings. 

4 (i) CERTIFICATION.—Prior to taking action to facili5 tate an eligible project under subparagraph (A), (B), or 

6 (C) of subsection (e)(1), the Secretary shall certify that— 

7 (1) the eligible project is in the public interest; 

8 (2) the eligible project is unlikely to be con9 structed in as timely a manner or with as much 

10 transmission capacity in the absence of facilitation 

11 under this section, including with respect to an eligi12 ble project for which a Federal investment tax credit 

13 may be allowed; and 

14 (3) it is reasonable to expect that the proceeds 

15 from the eligible project will be adequate, as applica16 ble— 

17 (A) to recover the cost of a capacity con18 tract entered into under subsection (e)(1)(A); 

19 (B) to repay a loan provided under sub20 section (e)(1)(B); or 

21 (C) to repay any amounts borrowed from 

22 the Secretary of the Treasury under subsection 

23 (d)(2). 

24 (j) OTHER AUTHORITIES, LIMITATIONS, AND EF25 FECTS.— 


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1 (1) PARTICIPATION.—The Secretary may per2 mit other entities to participate in the financing, 

3 construction, and ownership of eligible projects fa4 cilitated under this section. 

5 (2) OPERATIONS AND MAINTENANCE.—Facilita6 tion by the Secretary of an eligible project under 

7 this section does not create any obligation on the 

8 part of the Secretary to operate or maintain the eli9 gible project. 

10 (3) FEDERAL FACILITIES.—For purposes of 

11 cost recovery under subsection (d)(4) and repayment 

12 of a loan issued under subsection (e)(1)(B), each eli13 gible project facilitated by the Secretary under this 

14 section shall be treated as separate and distinct 

15 from— 

16 (A) each other eligible project; and 

17 (B) all other Federal power and trans18 mission facilities. 

19 (4) EFFECT ON ANCILLARY SERVICES AUTHOR20 ITY AND OBLIGATIONS.—Nothing in this section con21 fers on the Secretary or any Federal power mar22 keting administration any additional authority or ob23 ligation to provide ancillary services to users of 

24 transmission facilities constructed or upgraded 

25 under this section. 


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1 (5) EFFECT ON WESTERN AREA POWER ADMIN2 ISTRATION PROJECTS.—Nothing in this section af3 fects— 

4 (A) any pending project application before 

5 the Western Area Power Administration under 

6 section 301 of the Hoover Power Plant Act of 

7 1984 (42 U.S.C. 16421a); or 

8 (B) any agreement entered into by the 

9 Western Power Administration under that sec10 tion. 

11 (6) THIRD-PARTY FINANCE.—Nothing in this 

12 section precludes an eligible project facilitated under 

13 this section from being eligible as a project under 

14 section 1222 of the Energy Policy Act of 2005 (42 

15 U.S.C. 16421). 

16 (7) LIMITATION ON LOANS.—An eligible project 

17 may not be the subject of both— 

18 (A) a loan under subsection (e)(1)(B); and 

19 (B) a Federal loan under section 301 of 

20 the Hoover Power Plant Act of 1984 (42 

21 U.S.C. 16421a). 

22 (8) CONSIDERATIONS.—In evaluating eligible 

23 projects for possible facilitation under this section, 

24 the Secretary shall prioritize projects that, to the 

25 maximum extent practicable— 


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1 (A) use technology that enhances the ca2 pacity, efficiency, resiliency, or reliability of an 

3 electric power transmission system, including— 

4 (i) reconductoring of an existing elec5 tric power transmission line with advanced 

6 conductors; and 

7 (ii) hardware or software that enables 

8 dynamic line ratings, advanced power flow 

9 control, or grid topology optimization; 

10 (B) will improve the resiliency and reli11 ability of an electric power transmission system; 

12 (C) facilitate interregional transfer capac13 ity that supports strong and equitable economic 

14 growth; and 

15 (D) contribute to national or subnational 

16 goals to lower electricity sector greenhouse gas 

17 emissions. 

18 SEC. 1008. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE 

19 GRID FLEXIBILITY. 

20 (a) IN GENERAL.—Section 1306 of the Energy Inde21 pendence and Security Act of 2007 (42 U.S.C. 17386) is 

22 amended— 

23 (1) in subsection (b)— 

24 (A) in the matter preceding paragraph (1), 

25 by striking ‘‘the date of enactment of this Act’’ 


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1 and inserting ‘‘the date of enactment of the En2 ergy Infrastructure Act’’; 

3 (B) by redesignating paragraph (9) as 

4 paragraph (14); and 

5 (C) by inserting after paragraph (8) the 

6 following: 

7 ‘‘(9) In the case of data analytics that enable 

8 software to engage in Smart Grid functions, the doc9 umented purchase costs of the data analytics. 

10 ‘‘(10) In the case of buildings, the documented 

11 expenses for devices and software, including for in12 stallation, that allow buildings to engage in demand 

13 flexibility or Smart Grid functions. 

14 ‘‘(11) In the case of utility communications, 

15 operational fiber and wireless broadband commu16 nications networks to enable data flow between dis17 tribution system components. 

18 ‘‘(12) In the case of advanced transmission 

19 technologies such as dynamic line rating, flow con20 trol devices, advanced conductors, network topology 

21 optimization, or other hardware, software, and asso22 ciated protocols applied to existing transmission fa23 cilities that increase the operational transfer capac24 ity of a transmission network, the documented exVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 penditures to purchase and install those advanced 

2 transmission technologies. 

3 ‘‘(13) In the case of extreme weather or natural 

4 disasters, the ability to redirect or shut off power to 

5 minimize blackouts and avoid further damage.’’; and 

6 (2) in subsection (d)— 

7 (A) by redesignating paragraph (9) as 

8 paragraph (16); and 

9 (B) by inserting after paragraph (8) the 

10 following: 

11 ‘‘(9) The ability to use data analytics and soft12 ware-as-service to provide flexibility by improving 

13 the visibility of the electrical system to grid opera14 tors that can help quickly rebalance the electrical 

15 system with autonomous controls. 

16 ‘‘(10) The ability to facilitate the aggregation 

17 or integration of distributed energy resources to 

18 serve as assets for the grid. 

19 ‘‘(11) The ability to provide energy storage to 

20 meet fluctuating electricity demand, provide voltage 

21 support, and integrate intermittent generation 

22 sources, including vehicle-to-grid technologies. 

23 ‘‘(12) The ability of hardware, software, and as24 sociated protocols applied to existing transmission 


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1 facilities to increase the operational transfer capacity 

2 of a transmission network. 

3 ‘‘(13) The ability to anticipate and mitigate im4 pacts of extreme weather or natural disasters on 

5 grid resiliency. 

6 ‘‘(14) The ability to facilitate the integration of 

7 renewable energy resources, electric vehicle charging 

8 infrastructure, and vehicle-to-grid technologies. 

9 ‘‘(15) The ability to reliably meet increased de10 mand from electric vehicles and the electrification of 

11 appliances and other sectors.’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Secretary to carry 

14 out the Smart Grid Investment Matching Grant Program 

15 established under section 1306(a) of the Energy Inde16 pendence and Security Act of 2007 (42 U.S.C. 17386(a)) 

17 $3,000,000,000 for fiscal year 2022, to remain available 

18 through September 30, 2026. 

19 SEC. 1009. STATE ENERGY SECURITY PLANS. 

20 (a) IN GENERAL.—Part D of title III of the Energy 

21 Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 

22 amended— 

23 (1) in section 361— 


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1 (A) by striking the section designation and 

2 heading and all that follows through ‘‘The Con3 gress’’ and inserting the following: 

4 ‘‘SEC. 361. FINDINGS; PURPOSE; DEFINITIONS. 

5 ‘‘(a) FINDINGS.—Congress’’; 

6 (B) in subsection (b), by striking ‘‘(b) It 

7 is’’ and inserting the following: 

8 ‘‘(b) PURPOSE.—It is’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(c) DEFINITIONS.—In this part:’’; 

11 (2) in section 366— 

12 (A) in paragraph (3)(B)(i), by striking 

13 ‘‘approved under section 367, and’’ ; and insert14 ing ‘‘; and’’; 

15 (B) in each of paragraphs (1) through (8), 

16 by inserting a paragraph heading, the text of 

17 which is comprised of the term defined in the 

18 paragraph; and 

19 (C) by redesignating paragraphs (6) and 

20 (7) as paragraphs (7) and (6), respectively, and 

21 moving the paragraphs so as to appear in nu22 merical order; 

23 (3) by moving paragraphs (1) through (8) of 

24 section 366 (as so redesignated) so as to appear 


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1 after subsection (c) of section 361 (as designated by 

2 paragraph (1)(C)); and 

3 (4) by amending section 366 to read as follows: 

4 ‘‘SEC. 366. STATE ENERGY SECURITY PLANS. 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) BULK-POWER SYSTEM.—The term ‘bulk7 power system’ has the meaning given the term in 

8 section 215(a) of the Federal Power Act (16 U.S.C. 

9 824o(a)). 

10 ‘‘(2) STATE ENERGY SECURITY PLAN.—The 

11 term ‘State energy security plan’ means a State en12 ergy security plan described in subsection (b). 

13 ‘‘(b) FINANCIAL ASSISTANCE FOR STATE ENERGY

14 SECURITY PLANS.—Federal financial assistance made 

15 available to a State under this part may be used for the 

16 development, implementation, review, and revision of a 

17 State energy security plan that— 

18 ‘‘(1) assesses the existing circumstances in the 

19 State; and 

20 ‘‘(2) proposes methods to strengthen the ability 

21 of the State, in consultation with owners and opera22 tors of energy infrastructure in the State— 

23 ‘‘(A) to secure the energy infrastructure of 

24 the State against all physical and cybersecurity 

25 threats; 


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1 ‘‘(B)(i) to mitigate the risk of energy sup2 ply disruptions to the State; and 

3 ‘‘(ii) to enhance the response to, and recov4 ery from, energy disruptions; and 

5 ‘‘(C) to ensure that the State has reliable, 

6 secure, and resilient energy infrastructure. 

7 ‘‘(c) CONTENTS OF PLAN.—A State energy security 

8 plan shall— 

9 ‘‘(1) address all energy sources and regulated 

10 and unregulated energy providers; 

11 ‘‘(2) provide a State energy profile, including 

12 an assessment of energy production, transmission, 

13 distribution, and end-use; 

14 ‘‘(3) address potential hazards to each energy 

15 sector or system, including— 

16 ‘‘(A) physical threats and vulnerabilities; 

17 and 

18 ‘‘(B) cybersecurity threats and 

19 vulnerabilities; 

20 ‘‘(4) provide a risk assessment of energy infra21 structure and cross-sector interdependencies; 

22 ‘‘(5) provide a risk mitigation approach to en23 hance reliability and end-use resilience; and 

24 ‘‘(6)(A) address— 


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1 ‘‘(i) multi-State and regional coordination, 

2 planning, and response; and 

3 ‘‘(ii) coordination with Indian Tribes with 

4 respect to planning and response; and 

5 ‘‘(B) to the extent practicable, encourage mu6 tual assistance in cyber and physical response plans. 

7 ‘‘(d) COORDINATION.—In developing or revising a 

8 State energy security plan, the State energy office of the 

9 State shall coordinate, to the extent practicable, with— 

10 ‘‘(1) the public utility or service commission of 

11 the State; 

12 ‘‘(2) energy providers from the private and pub13 lic sectors; and 

14 ‘‘(3) other entities responsible for— 

15 ‘‘(A) maintaining fuel or electric reliability; 

16 and 

17 ‘‘(B) securing energy infrastructure. 

18 ‘‘(e) FINANCIAL ASSISTANCE.—A State is not eligible 

19 to receive Federal financial assistance under this part for 

20 any purpose for a fiscal year unless the Governor of the 

21 State submits to the Secretary, with respect to that fiscal 

22 year— 

23 ‘‘(1) a State energy security plan that meets 

24 the requirements of subsection (c); or 


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1 ‘‘(2) after an annual review, carried out by the 

2 Governor, of a State energy security plan— 

3 ‘‘(A) any necessary revisions to the State 

4 energy security plan; or 

5 ‘‘(B) a certification that no revisions to the 

6 State energy security plan are necessary. 

7 ‘‘(f) TECHNICAL ASSISTANCE.—On request of the 

8 Governor of a State, the Secretary, in consultation with 

9 the Secretary of Homeland Security, may provide informa10 tion, technical assistance, and other assistance in the de11 velopment, implementation, or revision of a State energy 

12 security plan. 

13 ‘‘(g) REQUIREMENT.—Each State receiving Federal 

14 financial assistance under this part shall provide reason15 able assurance to the Secretary that the State has estab16 lished policies and procedures designed to assure that the 

17 financial assistance will be used— 

18 ‘‘(1) to supplement, and not to supplant, State 

19 and local funds; and 

20 ‘‘(2) to the maximum extent practicable, to in21 crease the amount of State and local funds that oth22 erwise would be available, in the absence of the Fed23 eral financial assistance, for the implementation of a 

24 State energy security plan. 


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1 ‘‘(h) PROTECTION OF INFORMATION.—Information 

2 provided to, or collected by, the Federal Government pur3 suant to this section the disclosure of which the Secretary 

4 reasonably foresees could be detrimental to the physical 

5 security or cybersecurity of any electric utility or the bulk6 power system— 

7 ‘‘(1) shall be exempt from disclosure under sec8 tion 552(b)(3) of title 5, United States Code; and 

9 ‘‘(2) shall not be made available by any Federal 

10 agency, State, political subdivision of a State, or 

11 Tribal authority pursuant to any Federal, State, po12 litical subdivision of a State, or Tribal law, respec13 tively, requiring public disclosure of information or 

14 records. 

15 ‘‘(i) SUNSET.—The requirements of this section shall 

16 expire on October 31, 2025.’’. 

17 (b) CLERICAL AMENDMENTS.—The table of contents 

18 of the Energy Policy and Conservation Act (Public Law 

19 94–163; 89 Stat. 872) is amended— 

20 (1) by striking the item relating to section 361 

21 and inserting the following: 

‘‘Sec. 361. Findings; purpose; definitions.’’; and 

22 (2) by striking the item relating to section 366 

23 and inserting the following: 

‘‘Sec. 366. State energy security plans.’’. 

24 (c) CONFORMING AMENDMENTS.— 


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1 (1) Section 509(i)(3) of the Housing and Urban 

2 Development Act of 1970 (12 U.S.C. 1701z–8(i)(3)) 

3 is amended by striking ‘‘prescribed for such terms in 

4 section 366 of the Energy Policy and Conservation 

5 Act’’ and inserting ‘‘given the terms in section 

6 361(c) of the Energy Policy and Conservation Act’’. 

7 (2) Section 363 of the Energy Policy and Con8 servation Act (42 U.S.C. 6323) is amended— 

9 (A) by striking subsection (e); and 

10 (B) by redesignating subsection (f) as sub11 section (e). 

12 (3) Section 451(i)(3) of the Energy Conserva13 tion and Production Act (42 U.S.C. 6881(i)(3)) is 

14 amended by striking ‘‘prescribed for such terms in 

15 section 366 of the Federal Energy Policy and Con16 servation Act’’ and inserting ‘‘given the terms in sec17 tion 361(c) of the Energy Policy and Conservation 

18 Act’’. 

19 SEC. 1010. STATE ENERGY PROGRAM. 

20 (a) COLLABORATIVE TRANSMISSION SITING.—Sec21 tion 362(c) of the Energy Policy and Conservation Act (42 

22 U.S.C. 6322(c)) is amended— 

23 (1) in paragraph (5), by striking ‘‘and’’ at the 

24 end; 


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1 (2) in paragraph (6), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(7) the mandatory conduct of activities to sup5 port transmission and distribution planning, includ6 ing— 

7 ‘‘(A) support for local governments and In8 dian Tribes; 

9 ‘‘(B) feasibility studies for transmission 

10 line routes and alternatives; 

11 ‘‘(C) preparation of necessary project de12 sign and permits; and 

13 ‘‘(D) outreach to affected stakeholders.’’. 

14 (b) STATE ENERGY CONSERVATION PLANS.—Section 

15 362(d) of the Energy Policy and Conservation Act (42 

16 U.S.C. 6322(d)) is amended by striking paragraph (3) and 

17 inserting the following: 

18 ‘‘(3) programs to increase transportation energy 

19 efficiency, including programs to help reduce carbon 

20 emissions in the transportation sector by 2050 and 

21 accelerate the use of alternative transportation fuels 

22 for, and the electrification of, State government ve23 hicles, fleet vehicles, taxis and ridesharing services, 

24 mass transit, school buses, ferries, and privately 


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1 owned passenger and medium- and heavy-duty vehi2 cles;’’. 

3 (c) AUTHORIZATION OF APPROPRIATIONS FOR STATE

4 ENERGY PROGRAM.—Section 365 of the Energy Policy 

5 and Conservation Act (42 U.S.C. 6325) is amended by 

6 striking subsection (f) and inserting the following: 

7 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

8 ‘‘(1) IN GENERAL.—There is authorized to be 

9 appropriated to carry out this part $500,000,000 for 

10 the period of fiscal years 2022 through 2026. 

11 ‘‘(2) DISTRIBUTION.—Amounts made available 

12 under paragraph (1)— 

13 ‘‘(A) shall be distributed to the States in 

14 accordance with the applicable distribution for15 mula in effect on January 1, 2021; and 

16 ‘‘(B) shall not be subject to the matching 

17 requirement described in the first proviso of the 

18 matter under the heading ‘ENERGY CONSERVA19 TION’ under the heading ‘DEPARTMENT OF 

20 ENERGY’ in title II of the Department of the 

21 Interior and Related Agencies Appropriations 

22 Act, 1985 (42 U.S.C. 6323a).’’. 

23 SEC. 1011. POWER MARKETING ADMINISTRATION TRANS24 MISSION BORROWING AUTHORITY. 

25 (a) BORROWING AUTHORITY.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 for the purposes of providing funds to assist in the 

3 financing of the construction, acquisition, and re4 placement of the Federal Columbia River Power 

5 System and to implement the authority of the Ad6 ministrator of the Bonneville Power Administration 

7 (referred to in this section as the ‘‘Administrator’’) 

8 under the Pacific Northwest Electric Power Plan9 ning and Conservation Act (16 U.S.C. 839 et seq.), 

10 an additional $10,000,000,000 in borrowing author11 ity is made available under the Federal Columbia 

12 River Transmission System Act (16 U.S.C. 838 et 

13 seq.), to remain outstanding at any 1 time. 

14 (2) LIMITATION.—The obligation of additional 

15 borrowing authority under paragraph (1) shall not 

16 exceed $6,000,000,000 by fiscal year 2028. 

17 (b) FINANCIAL PLAN.— 

18 (1) IN GENERAL.—The Administrator shall 

19 issue an updated financial plan by the end of fiscal 

20 year 2022. 

21 (2) REQUIREMENT.—As part of the process of 

22 issuing an updated financial plan under paragraph 

23 (1), the Administrator shall— 

24 (A) consistent with asset management 

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1 sider projected and planned use and allocation 

2 of the borrowing authority of the Administrator 

3 across the mission responsibilities of the Bonne4 ville Power Administration; and 

5 (B) before issuing the final updated finan6 cial plan— 

7 (i) engage, in a manner determined by 

8 the Administrator, with customers with re9 spect to a draft of the updated plan; and 

10 (ii) consider as a relevant factor any 

11 recommendations from customers regard12 ing prioritization of asset investments. 

13 (c) STAKEHOLDER ENGAGEMENT.—The Adminis14 trator shall— 

15 (1) engage, in a manner determined by the Ad16 ministrator, with customers and stakeholders with 

17 respect to the financial and cost management efforts 

18 of the Administrator through periodic program re19 views; and 

20 (2) to the maximum extent practicable, imple21 ment those policies that would be expected to be 

22 consistent with the lowest possible power and trans23 mission rates consistent with sound business prin24 ciples. 


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1 (d) REPAYMENT.—Any additional Treasury bor2 rowing authority received under this section— 

3 (1) shall be fully repaid to the Treasury in a 

4 manner consistent with the applicable self-financed 

5 Federal budget accounts; and 

6 (2) shall not be subject to budget scoring or 

7 budget scoring points of order with respect to this 

8 Act. 

9 SEC. 1012. STUDY OF CODES AND STANDARDS FOR USE OF 

10 ENERGY STORAGE SYSTEMS ACROSS SEC11 TORS. 

12 (a) IN GENERAL.—The Secretary shall conduct a 

13 study of types and commercial applications of codes and 

14 standards applied to— 

15 (1) stationary energy storage systems; 

16 (2) mobile energy storage systems; and 

17 (3) energy storage systems that move between 

18 stationary and mobile applications, such as electric 

19 vehicle batteries or batteries repurposed for new ap20 plications. 

21 (b) PURPOSES.—The purposes of the study con22 ducted under subsection (a) shall be— 

23 (1) to identify barriers, foster collaboration, and 

24 increase conformity across sectors relating to— 


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1 (A) use of emerging energy storage tech2 nologies; and 

3 (B) use cases, such as vehicle-to-grid inte4 gration; 

5 (2) to identify all existing codes and standards 

6 that apply to energy storage systems; 

7 (3) to identify codes and standards that require 

8 revision or enhancement; 

9 (4) to enhance the safe implementation of en10 ergy storage systems; and 

11 (5) to receive formal input from stakeholders 

12 regarding— 

13 (A) existing codes and standards; and 

14 (B) new or revised codes and standards. 

15 (c) CONSULTATION.—In conducting the study under 

16 subsection (a), the Secretary shall consult with all relevant 

17 standards-developing organizations and other entities with 

18 expertise regarding energy storage system safety. 

19 (d) REPORT.—Not later than 18 months after the 

20 date of enactment of this Act, the Secretary shall submit 

21 to Congress a report describing the results of the study 

22 conducted under subsection (a). 


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1 SEC. 1013. DEMONSTRATION OF ELECTRIC VEHICLE BAT2 TERY SECOND-LIFE APPLICATIONS FOR GRID 

3 SERVICES. 

4 Section 3201(c) of the Energy Act of 2020 (42 

5 U.S.C. 17232(c)) is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking the period at the end and 

8 inserting ‘‘; and’’; 

9 (B) by striking ‘‘including at’’ and insert10 ing the following: ‘‘including— 

11 ‘‘(A) at’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(B) 1 project to demonstrate second-life 

14 applications of electric vehicle batteries as ag15 gregated energy storage installations to provide 

16 services to the electric grid, in accordance with 

17 paragraph (3).’’; 

18 (2) by redesignating paragraphs (3) and (4) as 

19 paragraphs (4) and (5), respectively; and 

20 (3) by inserting after paragraph (2) the fol21 lowing: 

22 ‘‘(3) DEMONSTRATION OF ELECTRIC VEHICLE

23 BATTERY SECOND-LIFE APPLICATIONS FOR GRID

24 SERVICES.— 

25 ‘‘(A) IN GENERAL.—The Secretary shall 

26 enter into an agreement to carry out a project 


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1 to demonstrate second-life applications of elec2 tric vehicle batteries as aggregated energy stor3 age installations to provide services to the elec4 tric grid. 

5 ‘‘(B) PURPOSES.—The purposes of the 

6 project under subparagraph (A) shall be— 

7 ‘‘(i) to demonstrate power safety and 

8 the reliability of the applications dem9 onstrated under the program; 

10 ‘‘(ii) to demonstrate the ability of 

11 electric vehicle batteries— 

12 ‘‘(I) to provide ancillary services 

13 for grid stability and management; 

14 and 

15 ‘‘(II) to reduce the peak loads of 

16 homes and businesses; 

17 ‘‘(iii) to extend the useful life of elec18 tric vehicle batteries and the components 

19 of electric vehicle batteries prior to the col20 lection, recycling, and reprocessing of the 

21 batteries and components; and 

22 ‘‘(iv) to increase acceptance of, and 

23 participation in, the use of second-life ap24 plications of electric vehicle batteries by 

25 utilities. 


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1 ‘‘(C) PRIORITY.—In selecting a project to 

2 carry out under subparagraph (A), the Sec3 retary shall give priority to projects in which 

4 the demonstration of the applicable second-life 

5 applications is paired with 1 or more facilities 

6 that could particularly benefit from increased 

7 resiliency and lower energy costs, such as a 

8 multi-family affordable housing facility, a senior 

9 care facility, and a community health center.’’. 

10 SEC. 1014. COLUMBIA BASIN POWER MANAGEMENT. 

11 (a) DEFINITIONS.—In this section: 

12 (1) ACCOUNT.—The term ‘‘Account’’ means the 

13 account established by subsection (b)(1). 

14 (2) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Bonneville 

16 Power Administration. 

17 (3) CANADIAN ENTITLEMENT.—The term ‘‘Ca18 nadian Entitlement’’ means the downstream power 

19 benefits that Canada is entitled to under Article V 

20 of the Treaty Relating to Cooperative Development 

21 of the Water Resources of the Columbia River 

22 Basin, signed at Washington January 17, 1961 (15 

23 UST 1555; TIAS 5638). 

24 (b) TRANSMISSION COORDINATION AND EXPAN25 SION.— 


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1 (1) ESTABLISHMENT.—There is established in 

2 the Treasury an account for the purposes of making 

3 expenditures to increase bilateral transfers of renew4 able electric generation between the western United 

5 States and Canada. 

6 (2) CRITERIA.—The Administrator may make 

7 expenditures from the Account for activities to im8 prove electric power system coordination by con9 structing electric power transmission facilities within 

10 the western United States that directly or indirectly 

11 facilitate non-carbon emitting electric power trans12 actions between the western United States and Can13 ada. 

14 (3) CONSULTATION.—The Administrator shall 

15 consult with relevant electric utilities in Canada and 

16 appropriate regional transmission planning organiza17 tions in considering the construction of transmission 

18 activities under this subsection. 

19 (4) AUTHORIZATION.—There is authorized to 

20 be appropriated to the Account an amount equal to 

21 the aggregated amount of the Canadian Entitlement 

22 during the 5-year period preceding the date of enact23 ment of this Act. 

24 (c) INCREASED HYDROELECTRIC CAPACITY.— 


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1 (1) IN GENERAL.—The Commissioner of Rec2 lamation shall rehabilitate and enhance the John W. 

3 Keys III Pump Generating Plant— 

4 (A) to replace obsolete equipment; 

5 (B) to maintain reliability and improve ef6 ficiency in system performance and operation; 

7 (C) to create more hydroelectric power ca8 pacity in the Pacific Northwest; and 

9 (D) to ensure the availability of water for 

10 irrigation in the event that Columbia River 

11 water flows from British Columbia into the 

12 United States are insufficient after September 

13 16, 2024. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated 

16 $100,000,000 to carry out this subsection. 

17 (d) POWER COORDINATION STUDY.— 

18 (1) IN GENERAL.—The Administrator shall con19 duct a study considering the potential hydroelectric 

20 power value to the Pacific Northwest of increasing 

21 the coordination of the operation of hydroelectric 

22 and water storage facilities on rivers located in the 

23 United States and Canada. 

24 (2) CRITERIA.—The study conducted under 

25 paragraph (1) shall analyze— 


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1 (A) projected changes to the Pacific North2 west electricity supply; 

3 (B) potential reductions in greenhouse gas 

4 emissions; 

5 (C) any potential need to increase trans6 mission capacity; and 

7 (D) any other factor the Administrator 

8 considers to be relevant for increasing bilateral 

9 coordination. 

10 (3) COORDINATION.—In conducting the study 

11 under paragraph (1), the Administrator shall coordi12 nate, to the extent practicable, with— 

13 (A) the British Columbia or a crown cor14 poration owned by British Columbia; 

15 (B) the Assistant Secretary; 

16 (C) the Commissioner of Reclamation; and 

17 (D) any public utility districts that operate 

18 hydroelectric projects on the mainstem of the 

19 Columbia River. 

20 (4) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated $10,000,000 

22 to carry out this subsection. 


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1 Subtitle B—Cybersecurity 

2 SEC. 1101. ENHANCING GRID SECURITY THROUGH PUBLIC3 PRIVATE PARTNERSHIPS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) BULK-POWER SYSTEM; ELECTRIC RELI6 ABILITY ORGANIZATION.—The terms ‘‘bulk-power 

7 system’’ and ‘‘Electric Reliability Organization’’ has 

8 the meaning given the terms in section 215(a) of the 

9 Federal Power Act (16 U.S.C. 824o(a)). 

10 (2) ELECTRIC UTILITY; STATE REGULATORY

11 AUTHORITY.—The terms ‘‘electric utility’’ and 

12 ‘‘State regulatory authority’’ have the meanings 

13 given the terms in section 3 of the Federal Power 

14 Act (16 U.S.C. 796). 

15 (b) PROGRAM TO PROMOTE AND ADVANCE PHYSICAL

16 SECURITY AND CYBERSECURITY OF ELECTRIC UTILI17 TIES.— 

18 (1) ESTABLISHMENT.—The Secretary, in con19 sultation with the Secretary of Homeland Security 

20 and, as the Secretary determines to be appropriate, 

21 the heads of other relevant Federal agencies, State 

22 regulatory authorities, industry stakeholders, and 

23 the Electric Reliability Organization, shall carry out 

24 a program— 


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1 (A) to develop, and provide for voluntary 

2 implementation of, maturity models, self-assess3 ments, and auditing methods for assessing the 

4 physical security and cybersecurity of electric 

5 utilities; 

6 (B) to assist with threat assessment and 

7 cybersecurity training for electric utilities; 

8 (C) to provide technical assistance for elec9 tric utilities subject to the program; 

10 (D) to provide training to electric utilities 

11 to address and mitigate cybersecurity supply 

12 chain management risks; 

13 (E) to advance, in partnership with electric 

14 utilities, the cybersecurity of third-party ven15 dors that manufacture components of the elec16 tric grid; 

17 (F) to increase opportunities for sharing 

18 best practices and data collection within the 

19 electric sector; and 

20 (G) to assist, in the case of electric utilities 

21 that own defense critical electric infrastructure 

22 (as defined in section 215A(a) of the Federal 

23 Power Act (16 U.S.C. 824o–1(a))), with full en24 gineering reviews of critical functions and operVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 ations at both the utility and defense infra2 structure levels— 

3 (i) to identify unprotected avenues for 

4 cyber-enabled sabotage that would have 

5 catastrophic effects to national security; 

6 and 

7 (ii) to recommend and implement en8 gineering protections to ensure continued 

9 operations of identified critical functions 

10 even in the face of constant cyber attacks 

11 and achieved perimeter access by sophisti12 cated adversaries. 

13 (2) SCOPE.—In carrying out the program under 

14 paragraph (1), the Secretary shall— 

15 (A) take into consideration— 

16 (i) the different sizes of electric utili17 ties; and 

18 (ii) the regions that electric utilities 

19 serve; 

20 (B) prioritize electric utilities with fewer 

21 available resources due to size or region; and 

22 (C) to the maximum extent practicable, 

23 use and leverage— 

24 (i) existing Department and Depart25 ment of Homeland Security programs; and 


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1 (ii) existing programs of the Federal 

2 agencies determined to be appropriate 

3 under paragraph (1). 

4 (c) REPORT ON CYBERSECURITY OF DISTRIBUTION

5 SYSTEMS.—Not later than 1 year after the date of enact6 ment of this Act, the Secretary, in consultation with the 

7 Secretary of Homeland Security and, as the Secretary de8 termines to be appropriate, the heads of other Federal 

9 agencies, State regulatory authorities, and industry stake10 holders, shall submit to Congress a report that assesses— 

11 (1) priorities, policies, procedures, and actions 

12 for enhancing the physical security and cybersecurity 

13 of electricity distribution systems, including behind14 the-meter generation, storage, and load management 

15 devices, to address threats to, and vulnerabilities of, 

16 electricity distribution systems; and 

17 (2) the implementation of the priorities, poli18 cies, procedures, and actions assessed under para19 graph (1), including— 

20 (A) an estimate of potential costs and ben21 efits of the implementation; and 

22 (B) an assessment of any public-private 

23 cost-sharing opportunities. 

24 (d) PROTECTION OF INFORMATION.—Information 

25 provided to, or collected by, the Federal Government purVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 suant to this section the disclosure of which the Secretary 

2 reasonably foresees could be detrimental to the physical 

3 security or cybersecurity of any electric utility or the bulk4 power system— 

5 (1) shall be exempt from disclosure under sec6 tion 552(b)(3) of title 5, United States Code; and 

7 (2) shall not be made available by any Federal 

8 agency, State, political subdivision of a State, or 

9 Tribal authority pursuant to any Federal, State, po10 litical subdivision of a State, or Tribal law, respec11 tively, requiring public disclosure of information or 

12 records. 

13 SEC. 1102. ENERGY CYBER SENSE PROGRAM. 

14 (a) DEFINITIONS.—In this section: 

15 (1) BULK-POWER SYSTEM.—The term ‘‘bulk16 power system’’ has the meaning given the term in 

17 section 215(a) of the Federal Power Act (16 U.S.C. 

18 824o(a)). 

19 (2) PROGRAM.—The term ‘‘program’’ means 

20 the voluntary Energy Cyber Sense program estab21 lished under subsection (b). 

22 (b) ESTABLISHMENT.—The Secretary, in consulta23 tion with the Secretary of Homeland Security and the 

24 heads of other relevant Federal agencies, shall establish 

25 a voluntary Energy Cyber Sense program to test the cyVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 bersecurity of products and technologies intended for use 

2 in the energy sector, including in the bulk-power system. 

3 (c) PROGRAM REQUIREMENTS.—In carrying out sub4 section (b), the Secretary, in consultation with the Sec5 retary of Homeland Security and the heads of other rel6 evant Federal agencies, shall— 

7 (1) establish a testing process under the pro8 gram to test the cybersecurity of products and tech9 nologies intended for use in the energy sector, in10 cluding products relating to industrial control sys11 tems and operational technologies, such as super12 visory control and data acquisition systems; 

13 (2) for products and technologies tested under 

14 the program, establish and maintain cybersecurity 

15 vulnerability reporting processes and a related data16 base that are integrated with Federal vulnerability 

17 coordination processes; 

18 (3) provide technical assistance to electric utili19 ties, product manufacturers, and other energy sector 

20 stakeholders to develop solutions to mitigate identi21 fied cybersecurity vulnerabilities in products and 

22 technologies tested under the program; 

23 (4) biennially review products and technologies 

24 tested under the program for cybersecurity 

25 vulnerabilities and provide analysis with respect to 


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1 how those products and technologies respond to and 

2 mitigate cyber threats; 

3 (5) develop guidance that is informed by anal4 ysis and testing results under the program for elec5 tric utilities and other components of the energy sec6 tor for the procurement of products and tech7 nologies; 

8 (6) provide reasonable notice to, and solicit 

9 comments from, the public prior to establishing or 

10 revising the testing process under the program; 

11 (7) oversee the testing of products and tech12 nologies under the program; and 

13 (8) consider incentives to encourage the use of 

14 analysis and results of testing under the program in 

15 the design of products and technologies for use in 

16 the energy sector. 

17 (d) PROTECTION OF INFORMATION.—Information 

18 provided to, or collected by, the Federal Government pur19 suant to this section the disclosure of which the Secretary 

20 reasonably foresees could be detrimental to the physical 

21 security or cybersecurity of any component of the energy 

22 sector, including any electric utility or the bulk-power sys23 tem— 

24 (1) shall be exempt from disclosure under sec25 tion 552(b)(3) of title 5, United States Code; and 


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1 (2) shall not be made available by any Federal 

2 agency, State, political subdivision of a State, or 

3 Tribal authority pursuant to any Federal, State, po4 litical subdivision of a State, or Tribal law, respec5 tively, requiring public disclosure of information or 

6 records. 

7 (e) FEDERAL GOVERNMENT LIABILITY.—Nothing in 

8 this section authorizes the commencement of an action 

9 against the United States with respect to the testing of 

10 a product or technology under the program. 

11 SEC. 1103. INCENTIVES FOR ADVANCED CYBERSECURITY 

12 TECHNOLOGY INVESTMENT. 

13 Part II of the Federal Power Act is amended by in14 serting after section 219 (16 U.S.C. 824s) the following: 

15 ‘‘SEC. 219A. INCENTIVES FOR CYBERSECURITY INVEST16 MENTS. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) ADVANCED CYBERSECURITY TECH19 NOLOGY.—The term ‘advanced cybersecurity tech20 nology’ means any technology, operational capability, 

21 or service, including computer hardware, software, 

22 or a related asset, that enhances the security posture 

23 of public utilities through improvements in the abil24 ity to protect against, detect, respond to, or recover 

25 from a cybersecurity threat (as defined in section 


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1 102 of the Cybersecurity Act of 2015 (6 U.S.C. 

2 1501)). 

3 ‘‘(2) ADVANCED CYBERSECURITY TECHNOLOGY

4 INFORMATION.—The term ‘advanced cybersecurity 

5 technology information’ means information relating 

6 to advanced cybersecurity technology or proposed 

7 advanced cybersecurity technology that is generated 

8 by or provided to the Commission or another Fed9 eral agency. 

10 ‘‘(b) STUDY.—Not later than 180 days after the date 

11 of enactment of this section, the Commission, in consulta12 tion with the Secretary of Energy, the North American 

13 Electric Reliability Corporation, the Electricity Subsector 

14 Coordinating Council, and the National Association of 

15 Regulatory Utility Commissioners, shall conduct a study 

16 to identify incentive-based, including performance-based, 

17 rate treatments for the transmission and sale of electric 

18 energy subject to the jurisdiction of the Commission that 

19 could be used to encourage— 

20 ‘‘(1) investment by public utilities in advanced 

21 cybersecurity technology; and 

22 ‘‘(2) participation by public utilities in cyberse23 curity threat information sharing programs. 

24 ‘‘(c) INCENTIVE-BASED RATE TREATMENT.—Not 

25 later than 1 year after the completion of the study under 


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1 subsection (b), the Commission shall establish, by rule, in2 centive-based, including performance-based, rate treat3 ments for the transmission of electric energy in interstate 

4 commerce and the sale of electric energy at wholesale in 

5 interstate commerce by public utilities for the purpose of 

6 benefitting consumers by encouraging— 

7 ‘‘(1) investments by public utilities in advanced 

8 cybersecurity technology; and 

9 ‘‘(2) participation by public utilities in cyberse10 curity threat information sharing programs. 

11 ‘‘(d) FACTORS FOR CONSIDERATION.—In issuing a 

12 rule pursuant to this section, the Commission may provide 

13 additional incentives beyond those identified in subsection 

14 (c) in any case in which the Commission determines that 

15 an investment in advanced cybersecurity technology or in16 formation sharing program costs will reduce cybersecurity 

17 risks to— 

18 ‘‘(1) defense critical electric infrastructure (as 

19 defined in section 215A(a)) and other facilities sub20 ject to the jurisdiction of the Commission that are 

21 critical to public safety, national defense, or home22 land security, as determined by the Commission in 

23 consultation with— 

24 ‘‘(A) the Secretary of Energy; 


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1 ‘‘(B) the Secretary of Homeland Security; 

2 and 

3 ‘‘(C) other appropriate Federal agencies; 

4 and 

5 ‘‘(2) facilities of small or medium-sized public 

6 utilities with limited cybersecurity resources, as de7 termined by the Commission. 

8 ‘‘(e) RATEPAYER PROTECTION.— 

9 ‘‘(1) IN GENERAL.—Any rate approved under a 

10 rule issued pursuant to this section, including any 

11 revisions to that rule, shall be subject to the require12 ments of sections 205 and 206 that all rates, 

13 charges, terms, and conditions— 

14 ‘‘(A) shall be just and reasonable; and 

15 ‘‘(B) shall not be unduly discriminatory or 

16 preferential. 

17 ‘‘(2) PROHIBITION OF DUPLICATE RECOVERY.— 

18 Any rule issued pursuant to this section shall pre19 clude rate treatments that allow unjust and unrea20 sonable double recovery for advanced cybersecurity 

21 technology. 

22 ‘‘(f) SINGLE-ISSUE RATE FILINGS.—The Commis23 sion shall permit public utilities to apply for incentive24 based rate treatment under a rule issued under this sec25 tion on a single-issue basis by submitting to the CommisVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 sion a tariff schedule under section 205 that permits re2 covery of costs and incentives over the depreciable life of 

3 the applicable assets, without regard to changes in receipts 

4 or other costs of the public utility. 

5 ‘‘(g) PROTECTION OF INFORMATION.—Advanced cy6 bersecurity technology information that is provided to, 

7 generated by, or collected by the Federal Government 

8 under subsection (b), (c), or (f) shall be considered to be 

9 critical electric infrastructure information under section 

10 215A.’’. 

11 SEC. 1104. RURAL AND MUNICIPAL UTILITY ADVANCED CY12 BERSECURITY GRANT AND TECHNICAL AS13 SISTANCE PROGRAM. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ADVANCED CYBERSECURITY TECH16 NOLOGY.—The term ‘‘advanced cybersecurity tech17 nology’’ means any technology, operational capa18 bility, or service, including computer hardware, soft19 ware, or a related asset, that enhances the security 

20 posture of electric utilities through improvements in 

21 the ability to protect against, detect, respond to, or 

22 recover from a cybersecurity threat (as defined in 

23 section 102 of the Cybersecurity Act of 2015 (6 

24 U.S.C. 1501)). 


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1 (2) BULK-POWER SYSTEM.—The term ‘‘bulk2 power system’’ has the meaning given the term in 

3 section 215(a) of the Federal Power Act (16 U.S.C. 

4 824o(a)). 

5 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) a rural electric cooperative; 

8 (B) a utility owned by a political subdivi9 sion of a State, such as a municipally owned 

10 electric utility; 

11 (C) a utility owned by any agency, author12 ity, corporation, or instrumentality of 1 or more 

13 political subdivisions of a State; 

14 (D) a not-for-profit entity that is in a part15 nership with not fewer than 6 entities described 

16 in subparagraph (A), (B), or (C); and 

17 (E) an investor-owned electric utility that 

18 sells less than 4,000,000 megawatt hours of 

19 electricity per year. 

20 (4) PROGRAM.—The term ‘‘Program’’ means 

21 the Rural and Municipal Utility Advanced Cyberse22 curity Grant and Technical Assistance Program es23 tablished under subsection (b). 

24 (b) ESTABLISHMENT.—Not later than 180 days after 

25 the date of enactment of this Act, the Secretary, in conVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 sultation with the Secretary of Homeland Security, the 

2 Federal Energy Regulatory Commission, the North Amer3 ican Electric Reliability Corporation, and the Electricity 

4 Subsector Coordinating Council, shall establish a program, 

5 to be known as the ‘‘Rural and Municipal Utility Advanced 

6 Cybersecurity Grant and Technical Assistance Program’’, 

7 to provide grants and technical assistance to, and enter 

8 into cooperative agreements with, eligible entities to pro9 tect against, detect, respond to, and recover from cyberse10 curity threats. 

11 (c) OBJECTIVES.—The objectives of the Program 

12 shall be— 

13 (1) to deploy advanced cybersecurity tech14 nologies for electric utility systems; and 

15 (2) to increase the participation of eligible enti16 ties in cybersecurity threat information sharing pro17 grams. 

18 (d) AWARDS.— 

19 (1) IN GENERAL.—The Secretary— 

20 (A) shall award grants and provide tech21 nical assistance under the Program to eligible 

22 entities on a competitive basis; 

23 (B) shall develop criteria and a formula for 

24 awarding grants and providing technical assist25 ance under the Program; 


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1 (C) may enter into cooperative agreements 

2 with eligible entities that can facilitate the ob3 jectives described in subsection (c); and 

4 (D) shall establish a process to ensure that 

5 all eligible entities are informed about and can 

6 become aware of opportunities to receive grants 

7 or technical assistance under the Program. 

8 (2) PRIORITY FOR GRANTS AND TECHNICAL AS9 SISTANCE.—In awarding grants and providing tech10 nical assistance under the Program, the Secretary 

11 shall give priority to an eligible entity that, as deter12 mined by the Secretary— 

13 (A) has limited cybersecurity resources; 

14 (B) owns assets critical to the reliability of 

15 the bulk-power system; or 

16 (C) owns defense critical electric infra17 structure (as defined in section 215A(a) of the 

18 Federal Power Act (16 U.S.C. 824o–1(a))). 

19 (e) PROTECTION OF INFORMATION.—Information 

20 provided to, or collected by, the Federal Government pur21 suant to this section the disclosure of which the Secretary 

22 reasonably foresees could be detrimental to the physical 

23 security or cybersecurity of any electric utility or the bulk24 power system— 


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1 (1) shall be exempt from disclosure under sec2 tion 552(b)(3) of title 5, United States Code; and 

3 (2) shall not be made available by any Federal 

4 agency, State, political subdivision of a State, or 

5 Tribal authority pursuant to any Federal, State, po6 litical subdivision of a State, or Tribal law, respec7 tively, requiring public disclosure of information or 

8 records. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Secretary to carry 

11 out this section $250,000,000 for the period of fiscal years 

12 2022 through 2026. 

13 SEC. 1105. ENHANCED GRID SECURITY. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ELECTRIC UTILITY.—The term ‘‘electric 

16 utility’’ has the meaning given the term in section 

17 3 of the Federal Power Act (16 U.S.C. 796). 

18 (2) E-ISAC.—The term ‘‘E-ISAC’’ means the 

19 Electricity Information Sharing and Analysis Center. 

20 (b) CYBERSECURITY FOR THE ENERGY SECTOR RE21 SEARCH, DEVELOPMENT, AND DEMONSTRATION PRO22 GRAM.— 

23 (1) IN GENERAL.—The Secretary, in consulta24 tion with the Secretary of Homeland Security and, 

25 as determined appropriate, other Federal agencies, 


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1 the energy sector, the States, Indian Tribes, Tribal 

2 organizations, territories or freely associated states, 

3 and other stakeholders, shall develop and carry out 

4 a program— 

5 (A) to develop advanced cybersecurity ap6 plications and technologies for the energy sec7 tor— 

8 (i) to identify and mitigate 

9 vulnerabilities, including— 

10 (I) dependencies on other critical 

11 infrastructure; 

12 (II) impacts from weather and 

13 fuel supply; 

14 (III) increased dependence on in15 verter-based technologies; and 

16 (IV) vulnerabilities from 

17 unpatched hardware and software sys18 tems; and 

19 (ii) to advance the security of field de20 vices and third-party control systems, in21 cluding— 

22 (I) systems for generation, trans23 mission, distribution, end use, and 

24 market functions; 


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1 (II) specific electric grid elements 

2 including advanced metering, demand 

3 response, distribution, generation, and 

4 electricity storage; 

5 (III) forensic analysis of infected 

6 systems; 

7 (IV) secure communications; and 

8 (V) application of in-line edge se9 curity solutions; 

10 (B) to leverage electric grid architecture as 

11 a means to assess risks to the energy sector, in12 cluding by implementing an all-hazards ap13 proach to communications infrastructure, con14 trol systems architecture, and power systems 

15 architecture; 

16 (C) to perform pilot demonstration projects 

17 with the energy sector to gain experience with 

18 new technologies; 

19 (D) to develop workforce development cur20 ricula for energy sector-related cybersecurity; 

21 and 

22 (E) to develop improved supply chain con23 cepts for secure design of emerging digital com24 ponents and power electronics. 


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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to the Sec3 retary to carry out this subsection $250,000,000 for 

4 the period of fiscal years 2022 through 2026. 

5 (c) ENERGY SECTOR OPERATIONAL SUPPORT FOR

6 CYBERRESILIENCE PROGRAM.— 

7 (1) IN GENERAL.—The Secretary may develop 

8 and carry out a program— 

9 (A) to enhance and periodically test— 

10 (i) the emergency response capabilities 

11 of the Department; and 

12 (ii) the coordination of the Depart13 ment with other agencies, the National 

14 Laboratories, and private industry; 

15 (B) to expand cooperation of the Depart16 ment with the intelligence community for en17 ergy sector-related threat collection and anal18 ysis; 

19 (C) to enhance the tools of the Department 

20 and E-ISAC for monitoring the status of the 

21 energy sector; 

22 (D) to expand industry participation in E23 ISAC; and 

24 (E) to provide technical assistance to small 

25 electric utilities for purposes of assessing and 


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1 improving cybermaturity levels and addressing 

2 gaps identified in the assessment. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to the Sec5 retary to carry out this subsection $50,000,000 for 

6 the period of fiscal years 2022 through 2026. 

7 (d) MODELING AND ASSESSING ENERGY INFRA8 STRUCTURE RISK.— 

9 (1) IN GENERAL.—The Secretary, in consulta10 tion with the Secretary of Homeland Security, shall 

11 develop and carry out an advanced energy security 

12 program to secure energy networks, including— 

13 (A) electric networks; 

14 (B) natural gas networks; and 

15 (C) oil exploration, transmission, and deliv16 ery networks. 

17 (2) SECURITY AND RESILIENCY OBJECTIVE.— 

18 The objective of the program developed under para19 graph (1) is to increase the functional preservation 

20 of electric grid operations or natural gas and oil op21 erations in the face of natural and human-made 

22 threats and hazards, including electric magnetic 

23 pulse and geomagnetic disturbances. 


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1 (3) ELIGIBLE ACTIVITIES.—In carrying out the 

2 program developed under paragraph (1), the Sec3 retary may— 

4 (A) develop capabilities to identify 

5 vulnerabilities and critical components that pose 

6 major risks to grid security if destroyed or im7 paired; 

8 (B) provide modeling at the national level 

9 to predict impacts from natural or human-made 

10 events; 

11 (C) add physical security to the cybersecu12 rity maturity model; 

13 (D) conduct exercises and assessments to 

14 identify and mitigate vulnerabilities to the elec15 tric grid, including providing mitigation rec16 ommendations; 

17 (E) conduct research on hardening solu18 tions for critical components of the electric grid; 

19 (F) conduct research on mitigation and re20 covery solutions for critical components of the 

21 electric grid; and 

22 (G) provide technical assistance to States 

23 and other entities for standards and risk anal24 ysis. 


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1 (4) SAVINGS PROVISION.—Nothing in this sec2 tion authorizes new regulatory requirements. 

3 (5) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to the Sec5 retary to carry out this subsection $50,000,000 for 

6 the period of fiscal years 2022 through 2026. 

7 SEC. 1106. CYBERSECURITY PLAN. 

8 (a) IN GENERAL.—The Secretary may require, as the 

9 Secretary determines appropriate, a recipient of any 

10 award or other funding under this Act— 

11 (1) to submit to the Secretary, prior to the 

12 issuance of the award or other funding, a cybersecu13 rity plan that demonstrates the cybersecurity matu14 rity of the recipient in the context of the project for 

15 which that award or other funding was provided; 

16 and 

17 (2) establish a plan for maintaining and im18 proving cybersecurity throughout the life of the pro19 posed solution of the project. 

20 (b) CONTENTS OF CYBERSECURITY PLAN.—A cyber21 security plan described in subsection (a) shall, at a min22 imum, describe how the recipient described in that sub23 section— 


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1 (1) plans to maintain cybersecurity between 

2 networks, systems, devices, applications, or compo3 nents— 

4 (A) within the proposed solution of the 

5 project; and 

6 (B) at the necessary external interfaces at 

7 the proposed solution boundaries; 

8 (2) will perform ongoing evaluation of cyberse9 curity risks to address issues as the issues arise 

10 throughout the life of the proposed solution; 

11 (3) will report known or suspected network or 

12 system compromises of the project to the Secretary; 

13 and 

14 (4) will leverage applicable cybersecurity pro15 grams of the Department, including cyber vulner16 ability testing and security engineering evaluations. 

17 (c) ADDITIONAL GUIDANCE.—Each recipient de18 scribed in subsection (a) should— 

19 (1) maximize the use of open guidance and 

20 standards, including, wherever possible— 

21 (A) the Cybersecurity Capability Maturity 

22 Model of the Department (or a successor 

23 model); and 


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1 (B) the Framework for Improving Critical 

2 Infrastructure Cybersecurity of the National In3 stitute of Standards and Technology; and 

4 (2) document — 

5 (A) any deviation from open standards; 

6 and 

7 (B) the utilization of proprietary standards 

8 where the recipient determines that such devi9 ation necessary. 

10 (d) COORDINATION.—The Office of Cybersecurity, 

11 Energy Security, and Emergency Response of the Depart12 ment shall review each cybersecurity plan submitted under 

13 subsection (a) to ensure integration with Department re14 search, development, and demonstration programs. 

15 (e) PROTECTION OF INFORMATION.—Information 

16 provided to, or collected by, the Federal Government pur17 suant to this section the disclosure of which the Secretary 

18 reasonably foresees could be detrimental to the physical 

19 security or cybersecurity of any electric utility or the bulk20 power system— 

21 (1) shall be exempt from disclosure under sec22 tion 552(b)(3) of title 5, United States Code; and 

23 (2) shall not be made available by any Federal 

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1 litical subdivision of a State, or Tribal law, respec2 tively, requiring public disclosure of information or 

3 records. 

4 SEC. 1107. SAVINGS PROVISION. 

5 Nothing in this subtitle affects the authority, existing 

6 on the day before the date of enactment of this Act, of 

7 any other Federal department or agency, including the au8 thority provided to the Secretary of Homeland Security 

9 and the Director of the Cybersecurity and Infrastructure 

10 Security Agency in title XXII of the Homeland Security 

11 Act of 2002 (6 U.S.C. 651 et seq.). 

12 TITLE II—SUPPLY CHAINS FOR 

13 CLEAN ENERGY TECHNOLOGIES 

14 SEC. 2001. EARTH MAPPING RESOURCES INITIATIVE. 

15 (a) DEFINITION OF CRITICAL MINERAL.—In this 

16 section, the term ‘‘critical mineral’’ has the meaning given 

17 the term in section 7002(a) of the Energy Act of 2020 

18 (30 U.S.C. 1606(a)). 

19 (b) ESTABLISHMENT.—There is established within 

20 the United States Geological Survey an initiative, to be 

21 known as the ‘‘Earth Mapping Resources Initiative’’ (re22 ferred to in this section as the ‘‘Initiative’’). 

23 (c) PURPOSE.—The purpose of the Initiative shall be 

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1 sources and mapping mission of the United States Geo2 logical Survey by— 

3 (1) providing integrated topographic, geologic, 

4 geochemical, and geophysical mapping; 

5 (2) accelerating the integration and consolida6 tion of geospatial and resource data; and 

7 (3) providing interpretation of subsurface and 

8 above-ground mineral resources data. 

9 (d) COOPERATIVE AGREEMENTS.— 

10 (1) IN GENERAL.—In carrying out the Initia11 tive, the Director of the United States Geological 

12 Survey may enter into cooperative agreements with 

13 State geological surveys. 

14 (2) EFFECT.—Nothing in paragraph (1) pre15 cludes the Director of the United States Geological 

16 Survey from using existing contracting authorities in 

17 carrying out the Initiative. 

18 (e) COMPREHENSIVE MAPPING MODERNIZATION.— 

19 (1) IN GENERAL.—Not later than 10 years 

20 after the date of enactment of this Act, the Initiative 

21 shall complete an initial comprehensive national 

22 modern surface and subsurface mapping and data 

23 integration effort. 

24 (2) APPROACH.—In carrying out paragraph (1) 

25 with regard to minerals, mineralization, and mineral 


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1 deposits, the Initiative shall focus on the full range 

2 of minerals, using a whole ore body approach rather 

3 than a single commodity approach, to emphasize all 

4 of the recoverable critical minerals in a given surface 

5 or subsurface deposit. 

6 (3) PRIORITY.—In carrying out paragraph (1) 

7 with regard to minerals, mineralization, and mineral 

8 deposits, the Initiative shall prioritize mapping and 

9 assessing critical minerals. 

10 (4) INCLUSIONS.—In carrying out paragraph 

11 (1), the Initiative shall also— 

12 (A) map and collect data for areas con13 taining mine waste to increase understanding of 

14 above-ground critical mineral resources in pre15 viously disturbed areas; and 

16 (B) provide for analysis of samples, includ17 ing samples within the National Geological and 

18 Geophysical Data Preservation Program estab19 lished under section 351(b) of the Energy Pol20 icy Act of 2005 (42 U.S.C. 15908(b)) for the 

21 occurrence of critical minerals. 

22 (f) AVAILABILITY.—The Initiative shall make the 

23 geospatial data and metadata gathered by the Initiative 

24 under subsection (e)(1) electronically publicly accessible 

25 on an ongoing basis. 


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1 (g) INTEGRATION OF DATA SOURCES.—The Initia2 tive shall integrate data sources, including data from— 

3 (1) the National Cooperative Geologic Mapping 

4 Program established by section 4(a)(1) of the Na5 tional Geologic Mapping Act of 1992 (43 U.S.C. 

6 31c(a)(1)); 

7 (2) the National Geological and Geophysical 

8 Data Preservation Program established under sec9 tion 351(b) of the Energy Policy Act of 2005 (42 

10 U.S.C. 15908(b)); 

11 (3) the USMIN Mineral Deposit Database of 

12 the United States Geological Survey; 

13 (4) the 3D Elevation Program established 

14 under section 5(a) of the National Landslide Pre15 paredness Act (43 U.S.C. 3104(a)); and 

16 (5) other relevant sources, including sources 

17 providing geothermal resources data. 

18 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Secretary to carry 

20 out this section $320,000,000 for the period of fiscal years 

21 2022 through 2026, to remain available until expended. 


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1 SEC. 2002. NATIONAL COOPERATIVE GEOLOGIC MAPPING 

2 PROGRAM. 

3 (a) IN GENERAL.—Section 4(d) of the National Geo4 logic Mapping Act of 1992 (43 U.S.C. 31c(d)) is amended 

5 by adding at the end the following: 

6 ‘‘(4) ABANDONED MINE LAND AND MINE WASTE

7 COMPONENT.— 

8 ‘‘(A) IN GENERAL.—The geologic mapping 

9 program shall include an abandoned mine land 

10 and mine waste geologic mapping component, 

11 the objective of which shall be to establish the 

12 geologic framework of abandoned mine land 

13 and other land containing mine waste. 

14 ‘‘(B) MAPPING PRIORITIES.—For the com15 ponent described in subparagraph (A), the pri16 ority shall be mapping abandoned mine land 

17 and other land containing mine waste where 

18 multiple critical mineral (as defined in section 

19 7002(a) of the Energy Act of 2020 (30 U.S.C. 

20 1606(a))) and metal commodities are antici21 pated to be present, rather than single mineral 

22 resources.’’. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 9(a) of the National Geologic Mapping Act of 1992 (43 

25 U.S.C. 31h(a)) is amended by striking ‘‘2023’’ and insert26 ing ‘‘2031’’. 


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1 SEC. 2003. NATIONAL GEOLOGICAL AND GEOPHYSICAL 

2 DATA PRESERVATION PROGRAM. 

3 Section 351(b) of the Energy Policy Act of 2005 (42 

4 U.S.C. 15908(b)) is amended— 

5 (1) in paragraph (2), by striking ‘‘and’’ after 

6 the semicolon; 

7 (2) in paragraph (3), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(4) to provide for preservation of samples to 

11 track geochemical signatures from critical mineral 

12 (as defined in section 7002(a) of the Energy Act of 

13 2020 (30 U.S.C. 1606(a))) ore bodies for use in 

14 provenance tracking frameworks.’’. 

15 SEC. 2004. USGS ENERGY AND MINERALS RESEARCH FACIL16 ITY. 

17 (a) ESTABLISHMENT.—The Director of the United 

18 States Geological Survey (referred to in this section as the 

19 ‘‘Director’’), shall fund, through a cooperative agreement 

20 with an academic partner, the design, construction, and 

21 tenant build-out of a facility to support energy and min22 erals research and appurtenant associated structures. 

23 (b) OWNERSHIP.—The United States Geological Sur24 vey shall retain ownership of the facility and associated 

25 structures described in subsection (a). 


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1 (c) AGREEMENTS.—The Director may enter into 

2 agreements with, and to collect and expend funds or in3 kind contributions from, academic, Federal, State, or 

4 other tenants over the life of the facility described in sub5 section (a) for the purposes of— 

6 (1) facility planning; 

7 (2) design; 

8 (3) maintenance; 

9 (4) operation; or 

10 (5) facility improvements. 

11 (d) LEASES.—The Director may enter into a lease 

12 or other agreement with the academic partner with which 

13 the Director has entered into a cooperative agreement 

14 under subsection (a), at no cost to the Federal Govern15 ment, to obtain land on which to construct the facility de16 scribed in that subsection for a term of not less than 99 

17 years. 

18 (e) REPORTS.—The Director shall submit to Con19 gress annual reports on— 

20 (1) the facility described in subsection (a); and 

21 (2) the authorities used under this section. 

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary of the Inte24 rior to carry out this section $167,000,000 for fiscal year 

25 2022, to remain available until expended. 


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1 SEC. 2005. RARE EARTH ELEMENTS DEMONSTRATION FA2 CILITY. 

3 Section 7001 of the Energy Act of 2020 (42 U.S.C. 

4 13344) is amended— 

5 (1) in subsection (b), by inserting ‘‘and annu6 ally thereafter while the facility established under 

7 subsection (c) remains in operation,’’ after ‘‘enact8 ment of this Act,’’; 

9 (2) by redesignating subsection (c) as sub10 section (d); and 

11 (3) by inserting after subsection (b) the fol12 lowing: 

13 ‘‘(c) RARE EARTH DEMONSTRATION FACILITY.— 

14 ‘‘(1) ESTABLISHMENT.—In coordination with 

15 the research program under subsection (a)(1)(A), 

16 the Secretary shall fund, through an agreement with 

17 an academic partner, the design, construction, and 

18 build-out of a facility to demonstrate the commercial 

19 feasibility of a full-scale integrated rare earth ele20 ment extraction and separation facility and refinery. 

21 ‘‘(2) FACILITY ACTIVITIES.—The facility estab22 lished under paragraph (1) shall— 

23 ‘‘(A) provide environmental benefits 

24 through use of feedstock derived from acid mine 

25 drainage, mine waste, or other deleterious ma26 terial; 


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1 ‘‘(B) separate mixed rare earth oxides into 

2 pure oxides of each rare earth element; 

3 ‘‘(C) refine rare earth oxides into rare 

4 earth metals; and 

5 ‘‘(D) provide for separation of rare earth 

6 oxides and refining into rare earth metals at a 

7 single site. 

8 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to the Sec10 retary to carry out this subsection $140,000,000 for 

11 fiscal year 2022, to remain available until ex12 pended.’’. 

13 SEC. 2006. CRITICAL MINERALS SUPPLY CHAINS AND RELI14 ABILITY. 

15 (a) DEFINITION OF CRITICAL MINERAL.—In this 

16 section, the term ‘‘critical mineral’’ has the meaning given 

17 the term in section 7002(a) of the Energy Act of 2020 

18 (30 U.S.C. 1606(a)). 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) critical minerals are fundamental to the 

22 economy, competitiveness, and security of the United 

23 States; 


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1 (2) many critical minerals are only economic to 

2 recover when combined with the production of a host 

3 mineral; 

4 (3) to the maximum extent practicable, the crit5 ical mineral needs of the United States should be 

6 satisfied by minerals responsibly produced and recy7 cled in the United States; and 

8 (4) the Federal permitting process has been 

9 identified as an impediment to mineral production 

10 and the mineral security of the United States. 

11 (c) FEDERAL PERMITTING AND REVIEW PERFORM12 ANCE IMPROVEMENTS.—To improve the quality and time13 liness of Federal permitting and review processes with re14 spect to critical mineral production on Federal land, the 

15 Secretary of the Interior, acting through the Director of 

16 the Bureau of Land Management, and the Secretary of 

17 Agriculture, acting through the Chief of the Forest Service 

18 (referred to in this section as the ‘‘Secretaries’’), to the 

19 maximum extent practicable, shall complete the Federal 

20 permitting and review processes with maximum efficiency 

21 and effectiveness, while supporting vital economic growth, 

22 by— 

23 (1) establishing and adhering to timelines and 

24 schedules for the consideration of, and final deci25 sions regarding, applications, operating plans, leases, 


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1 licenses, permits, and other use authorizations for 

2 critical mineral-related activities on Federal land; 

3 (2) establishing clear, quantifiable, and tem4 poral permitting performance goals and tracking 

5 progress against those goals; 

6 (3) engaging in early collaboration among agen7 cies, project sponsors, and affected stakeholders— 

8 (A) to incorporate and address the inter9 ests of those parties; and 

10 (B) to minimize delays; 

11 (4) ensuring transparency and accountability by 

12 using cost-effective information technology to collect 

13 and disseminate information regarding individual 

14 projects and agency performance; 

15 (5) engaging in early and active consultation 

16 with State, local, and Tribal governments— 

17 (A) to avoid conflicts or duplication of ef18 fort; 

19 (B) to resolve concerns; and 

20 (C) to allow for concurrent, rather than se21 quential, reviews; 

22 (6) providing demonstrable improvements in the 

23 performance of Federal permitting and review proc24 esses, including lower costs and more timely deci25 sions; 


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1 (7) expanding and institutionalizing Federal 

2 permitting and review process improvements that 

3 have proven effective; 

4 (8) developing mechanisms to better commu5 nicate priorities and resolve disputes among agencies 

6 at the national, regional, State, and local levels; and 

7 (9) developing other practices, such as 

8 preapplication procedures. 

9 (d) REVIEW AND REPORT.—Not later than 1 year 

10 after the date of enactment of this Act, the Secretaries 

11 shall submit to Congress a report that— 

12 (1) identifies additional measures, including 

13 regulatory and legislative proposals, if appropriate, 

14 that would increase the timeliness of permitting ac15 tivities for the exploration and development of do16 mestic critical minerals; 

17 (2) identifies options, including cost recovery 

18 paid by permit applicants, for ensuring adequate 

19 staffing and training of Federal entities and per20 sonnel responsible for the consideration of applica21 tions, operating plans, leases, licenses, permits, and 

22 other use authorizations for critical mineral-related 

23 activities on Federal land; 

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1 velopment and processing of applications, operating 

2 plans, leases, licenses, permits, and other use au3 thorizations for critical mineral-related activities on 

4 Federal land, including by— 

5 (A) calculating the range, the mean, the 

6 median, the variance, and other statistical 

7 measures or representations of the period of 

8 time; and 

9 (B) taking into account other aspects that 

10 affect the period of time that are outside the 

11 control of the Executive branch, such as judicial 

12 review, applicant decisions, or State and local 

13 government involvement; and 

14 (4) describes actions carried out pursuant to 

15 subsection (c). 

16 (e) PERFORMANCE METRIC.—Not later than 90 days 

17 after the date of submission of the report under subsection 

18 (d), and after providing public notice and an opportunity 

19 to comment, the Secretaries, using as a baseline the period 

20 of time quantified under paragraph (3) of that subsection, 

21 shall develop and publish a performance metric for evalu22 ating the progress made by the Executive branch to expe23 dite the permitting of activities that will increase explo24 ration for, and development of, domestic critical minerals, 

25 while maintaining environmental standards. 


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1 (f) ANNUAL REPORTS.—Not later than the date on 

2 which the President submits the first budget of the Presi3 dent under section 1105 of title 31, United States Code, 

4 after publication of the performance metric required under 

5 subsection (e), and annually thereafter, the Secretaries 

6 shall submit to Congress a report that— 

7 (1) summarizes the implementation of rec8 ommendations, measures, and options identified in 

9 paragraphs (1) and (2) of subsection (d); 

10 (2) using the performance metric developed 

11 under subsection (e), describes progress made by the 

12 Executive branch, as compared to the baseline devel13 oped pursuant to subsection (d)(3), in expediting the 

14 permitting of activities that will increase exploration 

15 for, and development of, domestic critical minerals; 

16 and 

17 (3) compares the United States to other coun18 tries in terms of permitting efficiency and any other 

19 criteria relevant to the globally competitive critical 

20 minerals industry. 

21 (g) INDIVIDUAL PROJECTS.—Each year, using data 

22 contained in the reports submitted under subsection (f), 

23 the Director of the Office of Management and Budget 

24 shall prioritize inclusion of individual critical mineral 

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1 ment and Budget in accordance with section 1122 of title 

2 31, United States Code. 

3 SEC. 2007. BATTERY PROCESSING AND MANUFACTURING. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ADVANCED BATTERY.—The term ‘‘advanced 

6 battery’’ means a battery that consists of a battery 

7 cell that can be integrated into a module, pack, or 

8 system to be used in energy storage applications, in9 cluding electric vehicles and the electric grid. 

10 (2) ADVANCED BATTERY COMPONENT.— 

11 (A) IN GENERAL.—The term ‘‘advanced 

12 battery component’’ means a component of an 

13 advanced battery. 

14 (B) INCLUSIONS.—The term ‘‘advanced 

15 battery component’’ includes materials, en16 hancements, enclosures, anodes, cathodes, elec17 trolytes, cells, and other associated technologies 

18 that comprise an advanced battery. 

19 (3) BATTERY MATERIAL.—The term ‘‘battery 

20 material’’ means the raw and processed form of a 

21 mineral, metal, chemical, or other material used in 

22 an advanced battery component. 

23 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti24 ty’’ means an entity described in any of paragraphs 


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1 (1) through (5) of section 989(b) of the Energy Pol2 icy Act of 2005 (42 U.S.C. 16353(b)). 

3 (5) FOREIGN ENTITY OF CONCERN.—The term 

4 ‘‘foreign entity of concern’’ means a foreign entity 

5 that is— 

6 (A) designated as a foreign terrorist orga7 nization by the Secretary of State under section 

8 219(a) of the Immigration and Nationality Act 

9 (8 U.S.C. 1189(a)); 

10 (B) included on the list of specially des11 ignated nationals and blocked persons main12 tained by the Office of Foreign Assets Control 

13 of the Department of the Treasury (commonly 

14 known as the ‘‘SDN list’’); 

15 (C) owned by, controlled by, or subject to 

16 the jurisdiction or direction of a government of 

17 a foreign country that is a covered nation (as 

18 defined in section 2533c(d) of title 10, United 

19 States Code); 

20 (D) alleged by the Attorney General to 

21 have been involved in activities for which a con22 viction was obtained under— 

23 (i) chapter 37 of title 18, United 

24 States Code (commonly known as the ‘‘Es25 pionage Act’’); 


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1 (ii) section 951 or 1030 of title 18, 

2 United States Code; 

3 (iii) chapter 90 of title 18, United 

4 States Code (commonly known as the 

5 ‘‘Economic Espionage Act of 1996’’); 

6 (iv) the Arms Export Control Act (22 

7 U.S.C. 2751 et seq.); 

8 (v) section 224, 225, 226, 227, or 236 

9 of the Atomic Energy Act of 1954 (42 

10 U.S.C. 2274, 2275, 2276, 2277, and 

11 2284); 

12 (vi) the Export Control Reform Act of 

13 2018 (50 U.S.C. 4801 et seq.); or 

14 (vii) the International Emergency 

15 Economic Powers Act (50 U.S.C. 1701 et 

16 seq.); or 

17 (E) determined by the Secretary, in con18 sultation with the Secretary of Defense and the 

19 Director of National Intelligence, to be engaged 

20 in unauthorized conduct that is detrimental to 

21 the national security or foreign policy of the 

22 United States. 

23 (6) MANUFACTURING.—The term ‘‘manufac24 turing’’, with respect to an advanced battery and an 

25 advanced battery component, means the industrial 


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1 and chemical steps taken to produce that advanced 

2 battery or advanced battery component, respectively. 

3 (7) PROCESSING.—The term ‘‘processing’’, with 

4 respect to battery material, means the refining of 

5 materials, including the treating, baking, and coat6 ing processes used to convert raw products into con7 stituent materials employed directly in advanced bat8 tery manufacturing. 

9 (8) RECYCLING.—The term ‘‘recycling’’ means 

10 the recovery of materials from advanced batteries to 

11 be reused in similar applications, including the ex12 tracting, processing, and recoating of battery mate13 rials and advanced battery components. 

14 (b) BATTERY MATERIAL PROCESSING GRANTS.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of enactment of this Act, the Sec17 retary shall establish within the Office of Fossil En18 ergy a program, to be known as the ‘‘Battery Mate19 rial Processing Grant Program’’ (referred to in this 

20 subsection as the ‘‘program’’), under which the Sec21 retary shall award grants in accordance with this 

22 subsection. 

23 (2) PURPOSES.—The purposes of the program 

24 are— 


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1 (A) to ensure that the United States has 

2 a viable battery materials processing industry to 

3 supply the North American battery supply 

4 chain; 

5 (B) to expand the capabilities of the 

6 United States in advanced battery manufac7 turing; 

8 (C) to enhance national security by reduc9 ing the reliance of the United States on foreign 

10 competitors for critical materials and tech11 nologies; and 

12 (D) to enhance the domestic processing ca13 pacity of minerals necessary for battery mate14 rials and advanced batteries. 

15 (3) GRANTS.— 

16 (A) IN GENERAL.—Under the program, 

17 the Secretary shall award grants to eligible en18 tities— 

19 (i) to carry out 1 or more demonstra20 tion projects in the United States for the 

21 processing of battery materials; 

22 (ii) to construct 1 or more new com23 mercial-scale battery material processing 

24 facilities in the United States; and 


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1 (iii) to retool, retrofit, or expand 1 or 

2 more existing battery material processing 

3 facilities located in the United States and 

4 determined qualified by the Secretary. 

5 (B) AMOUNT LIMITATION.—The amount of 

6 a grant awarded under the program shall be 

7 not less than— 

8 (i) $50,000,000 for an eligible entity 

9 carrying out 1 or more projects described 

10 in subparagraph (A)(i); 

11 (ii) $100,000,000 for an eligible entity 

12 carrying out 1 or more projects described 

13 in subparagraph (A)(ii); and 

14 (iii) $50,000,000 for an eligible entity 

15 carrying out 1 or more projects described 

16 in subparagraph (A)(iii). 

17 (C) PRIORITY; CONSIDERATION.—In 

18 awarding grants to eligible entities under the 

19 program, the Secretary shall— 

20 (i) give priority to an eligible entity 

21 that— 

22 (I) is located and operates in the 

23 United States; 

24 (II) is owned by a United States 

25 entity; 


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1 (III) deploys North American2 owned intellectual property and con3 tent; 

4 (IV) represents consortia or in5 dustry partnerships; and 

6 (V) will not use battery material 

7 supplied by or originating from a for8 eign entity of concern; and 

9 (ii) take into consideration whether a 

10 project— 

11 (I) provides workforce opportuni12 ties in low- and moderate-income com13 munities; 

14 (II) encourages partnership with 

15 universities and laboratories to spur 

16 innovation and drive down costs; 

17 (III) partners with Indian Tribes; 

18 and 

19 (IV) takes into account— 

20 (aa) greenhouse gas emis21 sions reductions and energy effi22 cient battery material processing 

23 opportunities throughout the 

24 manufacturing process; and 

25 (bb) supply chain logistics. 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to the Sec3 retary to carry out the program $3,000,000,000 for 

4 the period of fiscal years 2022 through 2026, to re5 main available until expended. 

6 (c) BATTERY MANUFACTURING AND RECYCLING

7 GRANTS.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of enactment of this Act, the Sec10 retary shall establish within the Office of Energy Ef11 ficiency and Renewable Energy a battery manufac12 turing and recycling grant program (referred to in 

13 this subsection as the ‘‘program’’). 

14 (2) PURPOSE.—The purpose of the program is 

15 to ensure that the United States has a viable domes16 tic manufacturing and recycling capability to sup17 port and sustain a North American battery supply 

18 chain. 

19 (3) GRANTS.— 

20 (A) IN GENERAL.—Under the program, 

21 the Secretary shall award grants to eligible en22 tities— 

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1 nent manufacturing, advanced battery 

2 manufacturing, and recycling; 

3 (ii) to construct 1 or more new com4 mercial-scale advanced battery component 

5 manufacturing, advanced battery manufac6 turing, or recycling facilities in the United 

7 States; and 

8 (iii) to retool, retrofit, or expand 1 or 

9 more existing facilities located in the 

10 United States and determined qualified by 

11 the Secretary for advanced battery compo12 nent manufacturing, advanced battery 

13 manufacturing, and recycling. 

14 (B) AMOUNT LIMITATION.—The amount of 

15 a grant awarded under the program shall be 

16 not less than— 

17 (i) $50,000,000 for an eligible entity 

18 carrying out 1 or more projects described 

19 in subparagraph (A)(i); 

20 (ii) $100,000,000 for an eligible entity 

21 carrying out 1 or more projects described 

22 in subparagraph (A)(ii); and 

23 (iii) $50,000,000 for an eligible entity 

24 carrying out 1 or more projects described 

25 in subparagraph (A)(iii). 


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1 (C) PRIORITY; CONSIDERATION.—In 

2 awarding grants to eligible entities under the 

3 program, the Secretary shall— 

4 (i) give priority to an eligible entity 

5 that— 

6 (I) is located and operates in the 

7 United States; 

8 (II) is owned by a United States 

9 entity; 

10 (III) deploys North American11 owned intellectual property and con12 tent; 

13 (IV) represents consortia or in14 dustry partnerships; and 

15 (V)(aa) if the eligible entity will 

16 use the grant for advanced battery 

17 component manufacturing, will not 

18 use battery material supplied by or 

19 originating from a foreign entity of 

20 concern; or 

21 (bb) if the eligible entity will use 

22 the grant for battery recycling, will 

23 not export recovered critical materials 

24 to a foreign entity of concern; and 


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1 (ii) take into consideration whether a 

2 project— 

3 (I) provides workforce opportuni4 ties in low- and moderate-income or 

5 rural communities; 

6 (II) provides workforce opportu7 nities in communities that have lost 

8 jobs due to the displacements of fossil 

9 energy jobs; 

10 (III) encourages partnership with 

11 universities and laboratories to spur 

12 innovation and drive down costs; 

13 (IV) partners with Indian Tribes; 

14 (V) takes into account— 

15 (aa) greenhouse gas emis16 sions reductions and energy effi17 cient battery material processing 

18 opportunities throughout the 

19 manufacturing process; and 

20 (bb) supply chain logistics; 

21 and 

22 (VI) utilizes feedstock produced 

23 in the United States. 

24 (4) AUTHORIZATION OF APPROPRIATIONS.— 

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1 retary to carry out the program $3,000,000,000 for 

2 the period of fiscal years 2022 through 2026, to re3 main available until expended. 

4 (d) REPORTING REQUIREMENTS.—Not later than 1 

5 year after the date of enactment of this Act, and annually 

6 thereafter, the Secretary shall submit to Congress a report 

7 on the grant programs established under subsections (b) 

8 and (c), including, with respect to each grant program, 

9 a description of— 

10 (1) the number of grant applications received; 

11 (2) the number of grants awarded and the 

12 amount of each award; 

13 (3) the purpose and status of each project car14 ried out using a grant; and 

15 (4) any other information the Secretary deter16 mines necessary. 

17 (e) LITHIUM-ION BATTERY RECYCLING PRIZE COM18 PETITION.— 

19 (1) IN GENERAL.—The Secretary shall continue 

20 to carry out the Lithium-Ion Battery Recycling 

21 Prize Competition of the Department established 

22 pursuant to section 24 of the Stevenson-Wydler 

23 Technology Innovation Act of 1980 (15 U.S.C. 

24 3719) (referred to in this subsection as the ‘‘com25 petition’’). 


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1 (2) AUTHORIZATION OF APPROPRIATIONS FOR

2 PILOT PROJECTS.— 

3 (A) IN GENERAL.—There is authorized to 

4 be appropriated to the Secretary to carry out 

5 Phase III of the competition, $10,000,000 for 

6 fiscal year 2022, to remain available until ex7 pended. 

8 (B) USE OF FUNDS.—The Secretary may 

9 use amounts made available under subpara10 graph (A)— 

11 (i) to increase the number of winners 

12 of Phase III of the competition; 

13 (ii) to increase the amount awarded to 

14 each winner of Phase III of the competi15 tion; and 

16 (iii) to carry out any other activity 

17 that is consistent with the goals of Phase 

18 III of the competition, as determined by 

19 the Secretary. 

20 (f) BATTERY AND CRITICAL MINERAL RECYCLING.— 

21 (1) DEFINITIONS.—In this subsection: 

22 (A) ADMINISTRATOR.—The term ‘‘Admin23 istrator’’ means the Administrator of the Envi24 ronmental Protection Agency. 


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1 (B) BATTERY.—The term ‘‘battery’’ means 

2 a device that— 

3 (i) consists of 1 or more electro4 chemical cells that are electrically con5 nected; and 

6 (ii) is designed to store and deliver 

7 electric energy. 

8 (C) BATTERY PRODUCER.—The term ‘‘bat9 tery producer’’ means, with respect to a covered 

10 battery or covered battery-containing product 

11 that is sold, offered for sale, or distributed for 

12 sale in the United States, including through re13 tail, wholesale, business-to-business, and online 

14 sale, the following applicable entity: 

15 (i) A person who— 

16 (I) manufactures the covered bat17 tery or covered battery-containing 

18 product; and 

19 (II) sells or offers for sale the 

20 covered battery or covered battery21 containing product under the brand of 

22 that person. 

23 (ii) If there is no person described in 

24 clause (i) with respect to the covered bat25 tery or covered battery-containing product, 


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1 the owner or licensee of the brand under 

2 which the covered battery or covered bat3 tery-containing product is sold, offered for 

4 sale, or distributed, regardless of whether 

5 the trademark of the brand is registered. 

6 (iii) If there is no person described in 

7 clause (i) or (ii) with respect to the covered 

8 battery or covered battery-containing prod9 uct, a person that imports the covered bat10 tery or covered battery-containing product 

11 into the United States for sale or distribu12 tion. 

13 (D) COVERED BATTERY.—The term ‘‘cov14 ered battery’’ means a new or unused primary 

15 battery or rechargeable battery. 

16 (E) COVERED BATTERY-CONTAINING

17 PRODUCT.—The term ‘‘covered battery-con18 taining product’’ means a new or unused prod19 uct that contains or is packaged with a primary 

20 battery or rechargeable battery. 

21 (F) CRITICAL MINERAL.—The term ‘‘crit22 ical mineral’’ has the meaning given the term in 

23 section 7002(a) of the Energy Act of 2020 (30 

24 U.S.C. 1606(a)). 


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1 (G) PRIMARY BATTERY.—The term ‘‘pri2 mary battery’’ means a nonrechargeable battery 

3 that weighs not more than 4.4 pounds, includ4 ing an alkaline, carbon-zinc, and lithium metal 

5 battery. 

6 (H) RECHARGEABLE BATTERY.— 

7 (i) IN GENERAL.—The term ‘‘re8 chargeable battery’’ means a battery 

9 that— 

10 (I) contains 1 or more voltaic or 

11 galvanic cells that are electrically con12 nected to produce electric energy; 

13 (II) is designed to be recharged; 

14 (III) weighs not more than 11 

15 pounds; and 

16 (IV) has a watt-hour rating of 

17 not more than 300 watt-hours. 

18 (ii) EXCLUSIONS.—The term ‘‘re19 chargeable battery’’ does not include a bat20 tery that— 

21 (I) contains electrolyte as a free 

22 liquid; or 

23 (II) employs lead-acid technology, 

24 unless that battery is sealed and does 

25 not contain electrolyte as a free liquid. 


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1 (I) RECYCLING.—The term ‘‘recycling’’ 

2 means the series of activities— 

3 (i) during which recyclable materials 

4 are processed into specification-grade com5 modities, and consumed as raw-material 

6 feedstock, in lieu of virgin materials, in the 

7 manufacturing of new products; 

8 (ii) that may include collection, proc9 essing, and brokering; and 

10 (iii) that result in subsequent con11 sumption by a materials manufacturer, in12 cluding for the manufacturing of new prod13 ucts. 

14 (2) BATTERY RECYCLING RESEARCH, DEVELOP15 MENT, AND DEMONSTRATION GRANTS.— 

16 (A) IN GENERAL.—The Secretary, in co17 ordination with the Administrator, shall award 

18 multiyear grants to eligible entities for research, 

19 development, and demonstration projects to cre20 ate innovative and practical approaches to in21 crease the reuse and recycling of batteries, in22 cluding by addressing— 

23 (i) recycling activities; 

24 (ii) the development of methods to 

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1 teries that take into full account and facili2 tate the dismantling, reuse, recovery, and 

3 recycling of battery components and mate4 rials; 

5 (iii) strategies to increase consumer 

6 acceptance of, and participation in, the re7 cycling of batteries; 

8 (iv) the extraction or recovery of crit9 ical minerals from batteries that are recy10 cled; 

11 (v) the integration of increased quan12 tities of recycled critical minerals in bat13 teries and other products to develop mar14 kets for recycled battery materials and 

15 critical minerals; 

16 (vi) safe disposal of waste materials 

17 and components recovered during the recy18 cling process; 

19 (vii) the protection of the health and 

20 safety of all persons involved in, or in 

21 proximity to, recycling and reprocessing 

22 activities, including communities located 

23 near recycling and materials reprocessing 

24 facilities; 


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1 (viii) mitigation of environmental im2 pacts that arise from recycling batteries, 

3 including disposal of toxic reagents and by4 products related to recycling processes; 

5 (ix) protection of data privacy associ6 ated with collected covered battery-con7 taining products; 

8 (x) the optimization of the value of 

9 material derived from recycling batteries; 

10 and 

11 (xi) the cost-effectiveness and benefits 

12 of the reuse and recycling of batteries and 

13 critical minerals. 

14 (B) ELIGIBLE ENTITIES.—The Secretary, 

15 in coordination with the Administrator, may 

16 award a grant under subparagraph (A) to— 

17 (i) an institution of higher education; 

18 (ii) a National Laboratory; 

19 (iii) a Federal research agency; 

20 (iv) a State research agency; 

21 (v) a nonprofit organization; 

22 (vi) an industrial entity; 

23 (vii) a manufacturing entity; 

24 (viii) a private battery-collection enti25 ty; 


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1 (ix) an entity operating 1 or more 

2 battery recycling activities; 

3 (x) a State or municipal government 

4 entity; 

5 (xi) a battery producer; 

6 (xii) a battery retailer; or 

7 (xiii) a consortium of 2 or more enti8 ties described in clauses (i) through (xii). 

9 (C) APPLICATIONS.— 

10 (i) IN GENERAL.—To be eligible to re11 ceive a grant under subparagraph (A), an 

12 eligible entity described in subparagraph 

13 (B) shall submit to the Secretary an appli14 cation at such time, in such manner, and 

15 containing such information as the Sec16 retary may require. 

17 (ii) CONTENTS.—An application sub18 mitted under clause (i) shall describe how 

19 the project will promote collaboration 

20 among— 

21 (I) battery producers and manu22 facturers; 

23 (II) battery material and equip24 ment manufacturers; 


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1 (III) battery recyclers, collectors, 

2 and refiners; and 

3 (IV) retailers. 

4 (D) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appropriated 

6 to the Secretary to carry out this paragraph 

7 $60,000,000 for the period of fiscal years 2022 

8 through 2026. 

9 (3) STATE AND LOCAL PROGRAMS.— 

10 (A) IN GENERAL.—The Secretary, in co11 ordination with the Administrator, shall estab12 lish a program under which the Secretary shall 

13 award grants, on a competitive basis, to States 

14 and units of local government to assist in the 

15 establishment or enhancement of State battery 

16 collection, recycling, and reprocessing programs. 

17 (B) NON-FEDERAL COST SHARE.—The 

18 non-Federal share of the cost of a project car19 ried out using a grant under this paragraph 

20 shall be 50 percent of the cost of the project. 

21 (C) REPORT.—Not later than 2 years after 

22 the date of enactment of this Act, and annually 

23 thereafter, the Secretary shall submit to Con24 gress a report that describes the number of bat25 tery collection points established or enhanced, 


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1 an estimate of jobs created, and the quantity of 

2 material collected as a result of the grants 

3 awarded under subparagraph (A). 

4 (D) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appropriated 

6 to the Secretary to carry out this paragraph 

7 $50,000,000 for the period of fiscal years 2022 

8 through 2026. 

9 (4) RETAILERS AS COLLECTION POINTS.— 

10 (A) IN GENERAL.—The Secretary shall 

11 award grants, on a competitive basis, to retail12 ers that sell covered batteries or covered bat13 tery-containing products to establish and imple14 ment a system for the acceptance and collection 

15 of covered batteries and covered battery-con16 taining products, as applicable, for reuse, recy17 cling, or proper disposal. 

18 (B) COLLECTION SYSTEM.—A system de19 scribed in subparagraph (A) shall include take20 back of covered batteries— 

21 (i) at no cost to the consumer; and 

22 (ii) on a regular, convenient, and ac23 cessible basis. 

24 (C) AUTHORIZATION OF APPROPRIA25 TIONS.—There is authorized to be appropriated 


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1 to the Secretary to carry out this paragraph 

2 $15,000,000 for the period of fiscal years 2022 

3 through 2026. 

4 (5) TASK FORCE ON PRODUCER RESPONSIBIL5 ITIES.— 

6 (A) IN GENERAL.—The Secretary, in co7 ordination with the Administrator, shall con8 vene a task force to develop an extended battery 

9 producer responsibility framework that— 

10 (i) addresses battery recycling goals, 

11 cost structures for mandatory recycling, re12 porting requirements, product design, col13 lection models, and transportation of col14 lected materials; 

15 (ii) provides sufficient flexibility to 

16 allow battery producers to determine cost17 effective strategies for compliance with the 

18 framework; and 

19 (iii) outlines regulatory pathways for 

20 effective recycling. 

21 (B) TASK FORCE MEMBERS.—Members of 

22 the task force convened under subparagraph 

23 (A) shall include— 


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1 (i) battery producers, manufacturers, 

2 retailers, recyclers, and collectors or proc3 essors; 

4 (ii) States and municipalities; and 

5 (iii) other relevant stakeholders, such 

6 as environmental, energy, or consumer or7 ganizations, as determined by the Sec8 retary. 

9 (C) REPORT.—Not later than 1 year after 

10 the date on which the Secretary, in coordination 

11 with Administrator, convenes the task force 

12 under subparagraph (A), the Secretary shall 

13 submit to Congress a report that— 

14 (i) describes the extended producer re15 sponsibility framework developed by the 

16 task force; 

17 (ii) includes the recommendations of 

18 the task force on how best to implement a 

19 mandatory pay-in or other enforcement 

20 mechanism to ensure that battery pro21 ducers and sellers are contributing to the 

22 recycling of batteries; and 

23 (iii) suggests regulatory pathways for 

24 effective recycling. 


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1 (6) EFFECT ON MERCURY-CONTAINING AND RE2 CHARGEABLE BATTERY MANAGEMENT ACT.—Noth3 ing in this subsection, or any regulation, guideline, 

4 framework, or policy adopted or promulgated pursu5 ant to this subsection, shall modify or otherwise af6 fect the provisions of the Mercury-Containing and 

7 Rechargeable Battery Management Act (42 U.S.C. 

8 14301 et seq.). 

9 SEC. 2008. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING 

10 AND SECOND-LIFE APPLICATIONS PROGRAM. 

11 Section 641 of the Energy Independence and Security 

12 Act of 2007 (42 U.S.C. 17231) is amended— 

13 (1) by striking subsection (k) and inserting the 

14 following: 

15 ‘‘(k) ELECTRIC DRIVE VEHICLE BATTERY SECOND16 LIFE APPLICATIONS AND RECYCLING.— 

17 ‘‘(1) DEFINITIONS.—In this subsection: 

18 ‘‘(A) BATTERY RECYCLING AND SECOND19 LIFE APPLICATIONS PROGRAM.—The term ‘bat20 tery recycling and second-life applications pro21 gram’ means the electric drive vehicle battery 

22 recycling and second-life applications program 

23 established under paragraph (3). 

24 ‘‘(B) CRITICAL MATERIAL.—The term 

25 ‘critical material’ has the meaning given the 


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1 term in section 7002(a) of the Energy Act of 

2 2020 (30 U.S.C. 1606(a)). 

3 ‘‘(C) ECONOMICALLY DISTRESSED AREA.— 

4 The term ‘economically distressed area’ means 

5 an area described in section 301(a) of the Pub6 lic Works and Economic Development Act of 

7 1965 (42 U.S.C. 3161(a)). 

8 ‘‘(D) ELECTRIC DRIVE VEHICLE BAT9 TERY.—The term ‘electric drive vehicle battery’ 

10 means any battery that is a motive power 

11 source for an electric drive vehicle. 

12 ‘‘(E) ELIGIBLE ENTITY.—The term ‘eligi13 ble entity’ means an entity described in any of 

14 paragraphs (1) through (5) of section 989(b) of 

15 the Energy Policy Act of 2005 (42 U.S.C. 

16 16353(b)). 

17 ‘‘(2) PROGRAM.—The Secretary shall carry out 

18 a program of research, development, and demonstra19 tion of— 

20 ‘‘(A) second-life applications for electric 

21 drive vehicle batteries that have been used to 

22 power electric drive vehicles; and 

23 ‘‘(B) technologies and processes for final 

24 recycling and disposal of the devices described 

25 in subparagraph (A). 


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1 ‘‘(3) ELECTRIC DRIVE VEHICLE BATTERY RECY2 CLING AND SECOND-LIFE APPLICATIONS.— 

3 ‘‘(A) IN GENERAL.—In carrying out the 

4 program under paragraph (2), the Secretary 

5 shall establish an electric drive vehicle battery 

6 recycling and second-life applications program 

7 under which the Secretary shall— 

8 ‘‘(i) award grants under subparagraph 

9 (D); and 

10 ‘‘(ii) carry out other activities in ac11 cordance with this paragraph. 

12 ‘‘(B) PURPOSES.—The purposes of the 

13 battery recycling and second-life applications 

14 program are the following: 

15 ‘‘(i) To improve the recycling rates 

16 and second-use adoption rates of electric 

17 drive vehicle batteries. 

18 ‘‘(ii) To optimize the design and 

19 adaptability of electric drive vehicle bat20 teries to make electric drive vehicle bat21 teries more easily recyclable. 

22 ‘‘(iii) To establish alternative supply 

23 chains for critical materials that are found 

24 in electric drive vehicle batteries. 


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1 ‘‘(iv) To reduce the cost of manufac2 turing, installation, purchase, operation, 

3 and maintenance of electric drive vehicle 

4 batteries. 

5 ‘‘(v) To improve the environmental 

6 impact of electric drive vehicle battery re7 cycling processes. 

8 ‘‘(C) TARGETS.—In carrying out the bat9 tery recycling and second-life applications pro10 gram, the Secretary shall address near-term (up 

11 to 2 years), mid-term (up to 5 years), and long12 term (up to 10 years) challenges to the recy13 cling of electric drive vehicle batteries. 

14 ‘‘(D) GRANTS.— 

15 ‘‘(i) IN GENERAL.—In carrying out 

16 the battery recycling and second-life appli17 cations program, the Secretary shall award 

18 multiyear grants on a competitive, merit19 reviewed basis to eligible entities— 

20 ‘‘(I) to conduct research, develop21 ment, testing, and evaluation of solu22 tions to increase the rate and produc23 tivity of electric drive vehicle battery 

24 recycling; and 


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1 ‘‘(II) for research, development, 

2 and demonstration projects to create 

3 innovative and practical approaches to 

4 increase the recycling and second-use 

5 of electric drive vehicle batteries, in6 cluding by addressing— 

7 ‘‘(aa) technology to increase 

8 the efficiency of electric drive ve9 hicle battery recycling and maxi10 mize the recovery of critical ma11 terials for use in new products; 

12 ‘‘(bb) expanded uses for crit13 ical materials recovered from 

14 electric drive vehicle batteries; 

15 ‘‘(cc) product design and 

16 construction to facilitate the dis17 assembly and recycling of electric 

18 drive vehicle batteries; 

19 ‘‘(dd) product design and 

20 construction and other tools and 

21 techniques to extend the lifecycle 

22 of electric drive vehicle batteries, 

23 including methods to promote the 

24 safe second-use of electric drive 

25 vehicle batteries; 


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1 ‘‘(ee) strategies to increase 

2 consumer acceptance of, and par3 ticipation in, the recycling of 

4 electric drive vehicle batteries; 

5 ‘‘(ff) improvements and 

6 changes to electric drive vehicle 

7 battery chemistries that include 

8 ways to decrease processing costs 

9 for battery recycling without sac10 rificing front-end performance; 

11 ‘‘(gg) second-use of electric 

12 drive vehicle batteries, including 

13 in applications outside of the 

14 automotive industry; and 

15 ‘‘(hh) the commercialization 

16 and scale-up of electric drive ve17 hicle battery recycling tech18 nologies. 

19 ‘‘(ii) PRIORITY.—In awarding grants 

20 under clause (i), the Secretary shall give 

21 priority to projects that— 

22 ‘‘(I) are located in geographically 

23 diverse regions of the United States; 

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1 tial for the recycling of electric drive 

2 vehicle batteries at high volumes; 

3 ‘‘(III) support the development of 

4 advanced manufacturing technologies 

5 that have the potential to improve the 

6 competitiveness of the United States 

7 in the international electric drive vehi8 cle battery manufacturing sector; 

9 ‘‘(IV) provide the greatest poten10 tial to reduce costs for consumers and 

11 promote accessibility and community 

12 implementation of demonstrated tech13 nologies; 

14 ‘‘(V) increase disclosure and 

15 transparency of information to con16 sumers; 

17 ‘‘(VI) support the development or 

18 demonstration of projects in economi19 cally distressed areas; and 

20 ‘‘(VII) support other relevant pri21 orities, as determined to be appro22 priate by the Secretary. 

23 ‘‘(iii) SOLICITATION.—Not later than 

24 90 days after the date of enactment of the 

25 Energy Infrastructure Act, and annually 


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1 thereafter, the Secretary shall conduct a 

2 national solicitation for applications for 

3 grants described in clause (i). 

4 ‘‘(iv) DISSEMINATION OF RESULTS.— 

5 The Secretary shall publish the results of 

6 the projects carried out through grants 

7 awarded under clause (i) through— 

8 ‘‘(I) best practices relating to 

9 those grants, for use in the electric 

10 drive vehicle battery manufacturing, 

11 design, installation, refurbishing, or 

12 recycling industries; 

13 ‘‘(II) coordination with informa14 tion dissemination programs relating 

15 to general recycling of electronic de16 vices; and 

17 ‘‘(III) educational materials for 

18 the public, produced in conjunction 

19 with State and local governments or 

20 nonprofit organizations, on the prob21 lems and solutions relating to the re22 cycling and second-life applications of 

23 electric drive vehicle batteries. 

24 ‘‘(E) COORDINATION WITH OTHER PRO25 GRAMS OF THE DEPARTMENT.—In carrying out 


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1 the battery recycling and second-life applica2 tions program, the Secretary shall coordinate 

3 and leverage the resources of complementary ef4 forts of the Department. 

5 ‘‘(F) STUDY AND REPORT.— 

6 ‘‘(i) STUDY.—The Secretary shall con7 duct a study on the viable market opportu8 nities available for the recycling, second9 use, and manufacturing of electric drive 

10 vehicle batteries in the United States. 

11 ‘‘(ii) REPORT.—Not later than 1 year 

12 after the date of enactment of the Energy 

13 Infrastructure Act, the Secretary shall sub14 mit to the Committee on Energy and Nat15 ural Resources of the Senate, the Com16 mittee on Science, Space, and Technology 

17 of the House of Representatives, and any 

18 other relevant committee of Congress a re19 port containing the results of the study 

20 under clause (i), including a description 

21 of— 

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1 cle batteries and recycle electric drive 

2 vehicle batteries in the United States; 

3 ‘‘(II) any existing electric drive 

4 vehicle battery recycling and second5 use practices and plans of electric 

6 drive vehicle manufacturing companies 

7 in the United States; 

8 ‘‘(III) any barriers to electric 

9 drive vehicle battery recycling in the 

10 United States; 

11 ‘‘(IV) opportunities and barriers 

12 in electric drive vehicle battery supply 

13 chains in the United States and inter14 nationally, including with allies and 

15 trading partners; 

16 ‘‘(V) opportunities for job cre17 ation in the electric drive vehicle bat18 tery recycling and manufacturing 

19 fields and the necessary skills employ20 ees must acquire for growth of those 

21 fields in the United States; 

22 ‘‘(VI) policy recommendations for 

23 enhancing electric drive vehicle bat24 tery manufacturing and recycling in 

25 the United States; 


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1 ‘‘(VII) any recommendations for 

2 lowering logistics costs and creating 

3 better coordination and efficiency with 

4 respect to the removal, collection, 

5 transportation, storage, and dis6 assembly of electric drive vehicle bat7 teries; 

8 ‘‘(VIII) any recommendations for 

9 areas of coordination with other Fed10 eral agencies to improve electric drive 

11 vehicle battery recycling rates in the 

12 United States; 

13 ‘‘(IX) an aggressive 2-year target 

14 and plan, the implementation of which 

15 shall begin during the 90-day period 

16 beginning on the date on which the 

17 report is submitted, to enhance the 

18 competitiveness of electric drive vehi19 cle battery manufacturing and recy20 cling in the United States; and 

21 ‘‘(X) needs for future research, 

22 development, and demonstration 

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1 lated areas, as determined by the Sec2 retary. 

3 ‘‘(G) EVALUATION.—Not later than 3 

4 years after the date on which the report under 

5 subparagraph (F)(ii) is submitted, and every 4 

6 years thereafter, the Secretary shall conduct, 

7 and make available to the public and the rel8 evant committees of Congress, an independent 

9 review of the progress of the grants awarded 

10 under subparagraph (D) in meeting the rec11 ommendations and targets included in the re12 port.’’; and 

13 (2) in subsection (p), by striking paragraph (6) 

14 and inserting the following: 

15 ‘‘(6) the electric drive vehicle battery recycling 

16 and second-life applications program under sub17 section (k) $200,000,000 for the period of fiscal 

18 years 2022 through 2026.’’. 

19 SEC. 2009. ADVANCED ENERGY MANUFACTURING AND RE20 CYCLING GRANT PROGRAM. 

21 (a) DEFINITIONS.—In this section: 

22 (1) ADVANCED ENERGY PROPERTY.—The term 

23 ‘‘advanced energy property’’ means— 

24 (A) property designed to be used to 

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1 thermal or hydrothermal (as those terms are 

2 defined in section 612 of the Energy Independ3 ence and Security Act of 2007 (42 U.S.C. 

4 17191)) resources, enhanced geothermal sys5 tems (as defined in that section), or other re6 newable resources; 

7 (B) fuel cells, microturbines, or energy 

8 storage systems and components; 

9 (C) electric grid modernization equipment 

10 or components; 

11 (D) property designed to capture, remove, 

12 use, or sequester carbon oxide emissions; 

13 (E) equipment designed to refine, 

14 electrolyze, or blend any fuel, chemical, or prod15 uct that is— 

16 (i) renewable; or 

17 (ii) low-carbon and low-emission; 

18 (F) property designed to produce energy 

19 conservation technologies (including for residen20 tial, commercial, and industrial applications); 

21 (G)(i) light-, medium-, or heavy-duty elec22 tric or fuel cell vehicles, electric or fuel cell loco23 motives, electric or fuel cell maritime vessels, or 

24 electric or fuel cell planes; 


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1 (ii) technologies, components, and mate2 rials of those vehicles, locomotives, maritime 

3 vessels, or planes; and 

4 (iii) charging or refueling infrastructure 

5 associated with those vehicles, locomotives, mar6 itime vessels, or planes; 

7 (H)(i) hybrid vehicles with a gross vehicle 

8 weight rating of not less than 14,000 pounds; 

9 and 

10 (ii) technologies, components, and mate11 rials for those vehicles; and 

12 (I) other advanced energy property de13 signed to reduce greenhouse gas emissions, as 

14 may be determined by the Secretary. 

15 (2) COVERED CENSUS TRACT.—The term ‘‘cov16 ered census tract’’ means a census tract— 

17 (A) in which, after December 31, 1999, a 

18 coal mine had closed; 

19 (B) in which, after December 31, 2009, a 

20 coal-fired electricity generating unit had been 

21 retired; or 

22 (C) that is immediately adjacent to a cen23 sus tract described in subparagraph (A) or (B). 

24 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti25 ty’’ means a manufacturing firm— 


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1 (A) the gross annual sales of which are 

2 less than $100,000,000; 

3 (B) that has fewer than 500 employees at 

4 the plant site of the manufacturing firm; and 

5 (C) the annual energy bills of which total 

6 more than $100,000 but less than $2,500,000. 

7 (4) MINORITY-OWNED.—The term ‘‘minority8 owned’’, with respect to an eligible entity, means an 

9 eligible entity not less than 51 percent of which is 

10 owned by 1 or more individuals who are— 

11 (A) citizens of the United States; and 

12 (B) Asian American, Native Hawaiian, Pa13 cific Islander, African American, Hispanic, 

14 Puerto Rican, Native American, or Alaska Na15 tive. 

16 (5) PROGRAM.—The term ‘‘Program’’ means 

17 the grant program established under subsection (b). 

18 (6) QUALIFYING ADVANCED ENERGY

19 PROJECT.—The term ‘‘qualifying advanced energy 

20 project’’ means a project that— 

21 (A)(i) re-equips, expands, or establishes a 

22 manufacturing or recycling facility for the pro23 duction or recycling, as applicable, of advanced 

24 energy property; or 


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1 (ii) re-equips an industrial or manufac2 turing facility with equipment designed to re3 duce the greenhouse gas emissions of that facil4 ity substantially below the greenhouse gas emis5 sions under current best practices, as deter6 mined by the Secretary, through the installation 

7 of— 

8 (I) low- or zero-carbon process heat 

9 systems; 

10 (II) carbon capture, transport, utiliza11 tion, and storage systems; 

12 (III) technology relating to energy ef13 ficiency and reduction in waste from indus14 trial processes; or 

15 (IV) any other industrial technology 

16 that significantly reduces greenhouse gas 

17 emissions, as determined by the Secretary; 

18 (B) has a reasonable expectation of com19 mercial viability, as determined by the Sec20 retary; and 

21 (C) is located in a covered census tract. 

22 (b) ESTABLISHMENT.—Not later than 180 days after 

23 the date of enactment of this Act, the Secretary shall es24 tablish a program to award grants to eligible entities to 

25 carry out qualifying advanced energy projects. 


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1 (c) APPLICATIONS.— 

2 (1) IN GENERAL.—Each eligible entity seeking 

3 a grant under the Program shall submit to the Sec4 retary an application at such time, in such manner, 

5 and containing such information as the Secretary 

6 may require, including a description of the proposed 

7 qualifying advanced energy project to be carried out 

8 using the grant. 

9 (2) SELECTION CRITERIA.— 

10 (A) PROJECTS.—In selecting eligible enti11 ties to receive grants under the Program, the 

12 Secretary shall, with respect to the qualifying 

13 advanced energy projects proposed by the eligi14 ble entities, give higher priority to projects 

15 that— 

16 (i) will provide higher net impact in 

17 avoiding or reducing anthropogenic emis18 sions of greenhouse gases; 

19 (ii) will result in a higher level of do20 mestic job creation (both direct and indi21 rect) during the lifetime of the project; 

22 (iii) will result in a higher level of job 

23 creation in the vicinity of the project, par24 ticularly with respect to— 


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1 (I) low-income communities (as 

2 described in section 45D(e) of the In3 ternal Revenue Code of 1986); and 

4 (II) dislocated workers who were 

5 previously employed in manufacturing, 

6 coal power plants, or coal mining; 

7 (iv) have higher potential for techno8 logical innovation and commercial deploy9 ment; 

10 (v) have a lower levelized cost of— 

11 (I) generated or stored energy; or 

12 (II) measured reduction in en13 ergy consumption or greenhouse gas 

14 emission (based on costs of the full 

15 supply chain); and 

16 (vi) have a shorter project time. 

17 (B) ELIGIBLE ENTITIES.—In selecting eli18 gible entities to receive grants under the Pro19 gram, the Secretary shall give priority to eligi20 ble entities that are minority-owned. 

21 (d) PROJECT COMPLETION AND LOCATION; RETURN

22 OF UNOBLIGATED FUNDS.— 

23 (1) COMPLETION; RETURN OF UNOBLIGATED

24 FUNDS.—An eligible entity that receives a grant 

25 under the Program shall be required— 


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1 (A) to complete the qualifying advanced 

2 energy project funded by the grant not later 

3 than 3 years after the date of receipt of the 

4 grant funds; and 

5 (B) to return to the Secretary any grant 

6 funds that remain unobligated at the end of 

7 that 3-year period. 

8 (2) LOCATION.—If the Secretary determines 

9 that an eligible entity awarded a grant under the 

10 Program has carried out the applicable qualifying 

11 advanced energy project at a location that is materi12 ally different from the location specified in the appli13 cation for the grant, the eligible entity shall be re14 quired to return the grant funds to the Secretary. 

15 (e) TECHNICAL ASSISTANCE.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of this Act, the Sec18 retary shall provide technical assistance on a selec19 tive basis to eligible entities that are seeking a grant 

20 under the Program to enhance the impact of the 

21 qualifying advanced energy project to be carried out 

22 using the grant with respect to the selection criteria 

23 described in subsection (c)(2)(A). 

24 (2) APPLICATIONS.—An eligible entity desiring 

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1 mit to the Secretary an application at such time, in 

2 such manner, and containing such information as 

3 the Secretary may require. 

4 (3) FACTORS FOR CONSIDERATION.—In select5 ing eligible entities for technical assistance under 

6 paragraph (1), the Secretary shall give higher pri7 ority to eligible entities that propose a qualifying ad8 vanced energy project that has greater potential for 

9 enhancement of the impact of the project with re10 spect to the selection criteria described in subsection 

11 (c)(2)(A). 

12 (f) PUBLICATION OF GRANTS.—The Secretary shall 

13 make publicly available the identity of each eligible entity 

14 awarded a grant under the Program and the amount of 

15 the grant. 

16 (g) REPORT.—Not later than 4 years after the date 

17 of enactment this Act, the Secretary shall— 

18 (1) review the grants awarded under the Pro19 gram; and 

20 (2) submit to the Committee on Energy and 

21 Natural Resources of the Senate and the Committee 

22 on Energy and Commerce of the House of Rep23 resentatives a report describing those grants. 

24 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to the Secretary to carry 


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1 out the Program $750,000,000 for the period of fiscal 

2 years 2022 through 2026. 

3 SEC. 2010. CRITICAL MINERALS MINING AND RECYCLING 

4 RESEARCH. 

5 (a) DEFINITIONS.—In this section: 

6 (1) CRITICAL MINERAL.—The term ‘‘critical 

7 mineral’’ has the meaning given the term in section 

8 7002(a) of the Energy Act of 2020 (30 U.S.C. 

9 1606(a)). 

10 (2) CRITICAL MINERALS AND METALS.—The 

11 term ‘‘critical minerals and metals’’ includes any 

12 host mineral of a critical mineral. 

13 (3) DIRECTOR.—The term ‘‘Director’’ means 

14 the Director of the Foundation. 

15 (4) END-TO-END.—The term ‘‘end-to-end’’, 

16 with respect to the integration of mining or life cycle 

17 of minerals, means the integrated approach of, or 

18 the lifecycle determined by, examining the research 

19 and developmental process from the mining of the 

20 raw minerals to its processing into useful materials, 

21 its integration into components and devices, the uti22 lization of such devices in the end-use application to 

23 satisfy certain performance metrics, and the recy24 cling or disposal of such devices. 


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1 (5) FOREIGN ENTITY OF CONCERN.—The term 

2 ‘‘foreign entity of concern’’ means a foreign entity 

3 that is— 

4 (A) designated as a foreign terrorist orga5 nization by the Secretary of State under section 

6 219(a) of the Immigration and Nationality Act 

7 (8 U.S.C. 1189(a)); 

8 (B) included on the list of specially des9 ignated nationals and blocked persons main10 tained by the Office of Foreign Assets Control 

11 of the Department of the Treasury (commonly 

12 known as the SDN list); 

13 (C) owned by, controlled by, or subject to 

14 the jurisdiction or direction of a government of 

15 a foreign country that is a covered nation (as 

16 defined in section 2533c(d) of title 10, United 

17 States Code); 

18 (D) alleged by the Attorney General to 

19 have been involved in activities for which a con20 viction was obtained under— 

21 (i) chapter 37 of title 18, United 

22 States Code (commonly known as the ‘‘Es23 pionage Act’’); 

24 (ii) section 951 or 1030 of title 18, 

25 United States Code; 


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1 (iii) chapter 90 of title 18, United 

2 States Code (commonly known as the 

3 ‘‘Economic Espionage Act of 1996)’’; 

4 (iv) the Arms Export Control Act (22 

5 U.S.C. 2751 et seq.); 

6 (v) section 224, 225, 226, 227, or 236 

7 of the Atomic Energy Act of 1954 (42 

8 U.S.C. 2274, 2275, 2276, 2277, and 

9 2284); 

10 (vi) the Export Control Reform Act of 

11 2018 (50 U.S.C. 4801 et seq.); or 

12 (vii) the International Emergency 

13 Economic Powers Act (50 U.S.C. 1701 et 

14 seq.); or 

15 (E) determined by the Secretary of Com16 merce, in consultation with the Secretary of De17 fense and the Director of National Intelligence, 

18 to be engaged in unauthorized conduct that is 

19 detrimental to the national security or foreign 

20 policy of the United States. 

21 (6) FOUNDATION.—The term ‘‘Foundation’’ 

22 means the National Science Foundation. 

23 (7) INSTITUTION OF HIGHER EDUCATION.—The 

24 term ‘‘institution of higher education’’ has the 


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1 meaning given the term in section 101 of the Higher 

2 Education Act of 1965 (20 U.S.C. 1001). 

3 (8) NATIONAL LABORATORY.—The term ‘‘Na4 tional Laboratory’’ has the meaning given the term 

5 in section 2 of the Energy Policy Act of 2005 (42 

6 U.S.C. 15801). 

7 (9) RECYCLING.—The term ‘‘recycling’’ means 

8 the process of collecting and processing spent mate9 rials and devices and turning the materials and de10 vices into raw materials or components that can be 

11 reused either partially or completely. 

12 (10) SECONDARY RECOVERY.—The term ‘‘sec13 ondary recovery’’ means the recovery of critical min14 erals and metals from discarded end-use products or 

15 from waste products produced during the metal re16 fining and manufacturing process, including from 

17 mine waste piles, acid mine drainage sludge, or by18 products produced through legacy mining and metal19 lurgy activities. 

20 (b) CRITICAL MINERALS MINING AND RECYCLING

21 RESEARCH AND DEVELOPMENT.— 

22 (1) IN GENERAL.—In order to support supply 

23 chain resiliency, the Secretary, in coordination with 

24 the Director, shall issue awards, on a competitive 

25 basis, to eligible entities described in paragraph (2) 


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1 to support basic research that will accelerate innova2 tion to advance critical minerals mining, recycling, 

3 and reclamation strategies and technologies for the 

4 purposes of— 

5 (A) making better use of domestic re6 sources; and 

7 (B) eliminating national reliance on min8 erals and mineral materials that are subject to 

9 supply disruptions. 

10 (2) ELIGIBLE ENTITIES.—Entities eligible to 

11 receive an award under paragraph (1) are the fol12 lowing: 

13 (A) Institutions of higher education. 

14 (B) National Laboratories. 

15 (C) Nonprofit organizations. 

16 (D) Consortia of entities described in sub17 paragraphs (A) through (C), including consortia 

18 that collaborate with private industry. 

19 (3) USE OF FUNDS.—Activities funded by an 

20 award under this section may include— 

21 (A) advancing mining research and devel22 opment activities to develop new mapping and 

23 mining technologies and techniques, including 

24 advanced critical mineral extraction and pro25 duction— 


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1 (i) to improve existing, or to develop 

2 new, supply chains of critical minerals; and 

3 (ii) to yield more efficient, economical, 

4 and environmentally benign mining prac5 tices; 

6 (B) advancing critical mineral processing 

7 research activities to improve separation, 

8 alloying, manufacturing, or recycling techniques 

9 and technologies that can decrease the energy 

10 intensity, waste, potential environmental im11 pact, and costs of those activities; 

12 (C) advancing research and development of 

13 critical minerals mining and recycling tech14 nologies that take into account the potential 

15 end-uses and disposal of critical minerals, in 

16 order to improve end-to-end integration of min17 ing and technological applications; 

18 (D) conducting long-term earth observa19 tion of reclaimed mine sites, including the study 

20 of the evolution of microbial diversity at those 

21 sites; 

22 (E) examining the application of artificial 

23 intelligence for geological exploration of critical 

24 minerals, including what size and diversity of 

25 data sets would be required; 


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1 (F) examining the application of machine 

2 learning for detection and sorting of critical 

3 minerals, including what size and diversity of 

4 data sets would be required; 

5 (G) conducting detailed isotope studies of 

6 critical minerals and the development of more 

7 refined geologic models; or 

8 (H) providing training and research oppor9 tunities to undergraduate and graduate stu10 dents to prepare the next generation of mining 

11 engineers and researchers. 

12 (c) CRITICAL MINERALS INTERAGENCY SUB13 COMMITTEE.— 

14 (1) IN GENERAL.—In order to support supply 

15 chain resiliency, the Critical Minerals Subcommittee 

16 of the National Science and Technology Council (re17 ferred to in this subsection as the ‘‘Subcommittee’’) 

18 shall coordinate Federal science and technology ef19 forts to ensure secure and reliable supplies of critical 

20 minerals to the United States. 

21 (2) PURPOSES.—The purposes of the Sub22 committee shall be— 

23 (A) to advise and assist the National 

24 Science and Technology Council, including the 

25 Committee on Homeland and National Security 


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1 of the National Science and Technology Coun2 cil, on United States policies, procedures, and 

3 plans relating to critical minerals, including— 

4 (i) Federal research, development, and 

5 deployment efforts to optimize methods for 

6 extractions, concentration, separation, and 

7 purification of conventional, secondary, 

8 and unconventional sources of critical min9 erals, including research that prioritizes 

10 end-to-end integration of mining and recy11 cling techniques and the end-use target for 

12 critical minerals; 

13 (ii) efficient use and reuse of critical 

14 minerals, including recycling technologies 

15 for critical minerals and the reclamation of 

16 critical minerals from components, such as 

17 spent batteries; 

18 (iii) addressing the technology transi19 tions between research or lab-scale mining 

20 and recycling and commercialization of 

21 these technologies; 

22 (iv) the critical minerals workforce of 

23 the United States; and 

24 (v) United States private industry in25 vestments in innovation and technology 


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1 transfer from federally funded science and 

2 technology; 

3 (B) to identify emerging opportunities, 

4 stimulate international cooperation, and foster 

5 the development of secure and reliable supply 

6 chains of critical minerals, including activities 

7 relating to the reuse of critical minerals via re8 cycling; 

9 (C) to ensure the transparency of informa10 tion and data related to critical minerals; and 

11 (D) to provide recommendations on coordi12 nation and collaboration among the research, 

13 development, and deployment programs and ac14 tivities of Federal agencies to promote a secure 

15 and reliable supply of critical minerals nec16 essary to maintain national security, economic 

17 well-being, and industrial production. 

18 (3) RESPONSIBILITIES.—In carrying out para19 graphs (1) and (2), the Subcommittee may, taking 

20 into account the findings and recommendations of 

21 relevant advisory committees— 

22 (A) provide recommendations on how Fed23 eral agencies may improve the topographic, geo24 logic, and geophysical mapping of the United 

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1 bility, and usability of the resulting and existing 

2 data, to the extent permitted by law and subject 

3 to appropriate limitation for purposes of privacy 

4 and security; 

5 (B) assess the progress toward developing 

6 critical minerals recycling and reprocessing 

7 technologies; 

8 (C) assess the end-to-end lifecycle of crit9 ical minerals, including for mining, usage, recy10 cling, and end-use material and technology re11 quirements; 

12 (D) examine, and provide recommenda13 tions for, options for accessing and developing 

14 critical minerals through investment and trade 

15 with allies and partners of the United States; 

16 (E) evaluate and provide recommendations 

17 to incentivize the development and use of ad18 vances in science and technology in the private 

19 industry; 

20 (F) assess the need for, and make rec21 ommendations to address, the challenges the 

22 United States critical minerals supply chain 

23 workforce faces, including— 

24 (i) aging and retiring personnel and 

25 faculty; 


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1 (ii) public perceptions about the na2 ture of mining and mineral processing; and 

3 (iii) foreign competition for United 

4 States talent; 

5 (G) develop, and update as necessary, a 

6 strategic plan to guide Federal programs and 

7 activities to enhance— 

8 (i) scientific and technical capabilities 

9 across critical mineral supply chains, in10 cluding a roadmap that identifies key re11 search and development needs and coordi12 nates ongoing activities for source diver13 sification, more efficient use, recycling, and 

14 substitution for critical minerals; and 

15 (ii) cross-cutting mining science, data 

16 science techniques, materials science, man17 ufacturing science and engineering, com18 putational modeling, and environmental 

19 health and safety research and develop20 ment; and 

21 (H) report to the appropriate committees 

22 of Congress on activities and findings under 

23 this subsection. 

24 (4) MANDATORY RESPONSIBILITIES.—In car25 rying out paragraphs (1) and (2), the Subcommittee 


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1 shall, taking into account the findings and rec2 ommendations of relevant advisory committees, iden3 tify and evaluate Federal policies and regulations 

4 that restrict the mining of critical minerals. 

5 (d) GRANT PROGRAM FOR PROCESSING OF CRITICAL

6 MINERALS AND DEVELOPMENT OF CRITICAL MINERALS

7 AND METALS.— 

8 (1) ESTABLISHMENT.—The Secretary, in con9 sultation with the Director, the Secretary of the In10 terior, and the Secretary of Commerce, shall estab11 lish a grant program to finance pilot projects for— 

12 (A) the processing or recycling of critical 

13 minerals in the United States; or 

14 (B) the development of critical minerals 

15 and metals in the United States 

16 (2) LIMITATION ON GRANT AWARDS.—A grant 

17 awarded under paragraph (1) may not exceed 

18 $10,000,000. 

19 (3) ECONOMIC VIABILITY.—In awarding grants 

20 under paragraph (1), the Secretary shall give pri21 ority to projects that the Secretary determines are 

22 likely to be economically viable over the long term. 

23 (4) SECONDARY RECOVERY.—In awarding 

24 grants under paragraph (1), the Secretary shall seek 

25 to award not less than 30 percent of the total 


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1 amount of grants awarded during the fiscal year for 

2 projects relating to secondary recovery of critical 

3 minerals and metals. 

4 (5) DOMESTIC PRIORITY.—In awarding grants 

5 for the development of critical minerals and metals 

6 under paragraph (1)(B), the Secretary shall 

7 prioritize pilot projects that will process the critical 

8 minerals and metals domestically. 

9 (6) PROHIBITION ON PROCESSING BY FOREIGN

10 ENTITY OF CONCERN.—In awarding grants under 

11 paragraph (1), the Secretary shall ensure that pilot 

12 projects do not export for processing any critical 

13 minerals and metals to a foreign entity of concern. 

14 (7) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to the Sec16 retary to carry out the grant program established 

17 under paragraph (1) $100,000,000 for each of fiscal 

18 years 2021 through 2024. 

19 SEC. 2011. 21ST CENTURY ENERGY WORKFORCE ADVISORY 

20 BOARD. 

21 (a) ESTABLISHMENT.—The Secretary shall establish 

22 a board, to be known as the ‘‘21st Century Energy Work23 force Advisory Board’’, to develop a strategy for the De24 partment that, with respect to the role of the Department 


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1 in the support and development of a skilled energy work2 force— 

3 (1) meets the current and future industry and 

4 labor needs of the energy sector; 

5 (2) provides opportunities for students to be6 come qualified for placement in traditional energy 

7 sector and emerging energy sector jobs; 

8 (3) identifies areas in which the Department 

9 can effectively utilize the technical expertise of the 

10 Department to support the workforce activities of 

11 other Federal agencies; 

12 (4) strengthens and engages the workforce 

13 training programs of the Department and the Na14 tional Laboratories in carrying out the Equity in 

15 Energy Initiative of the Department and other De16 partment workforce priorities; 

17 (5) develops plans to support and retrain dis18 placed and unemployed energy sector workers; and 

19 (6) prioritizes education and job training for 

20 underrepresented groups, including racial and ethnic 

21 minorities, Indian Tribes, women, veterans, and 

22 socioeconomically disadvantaged individuals. 

23 (b) MEMBERSHIP.— 

24 (1) IN GENERAL.—The Board shall be com25 posed of not fewer than 10 and not more than 15 


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1 members, with the initial members of the Board to 

2 be appointed by the Secretary not later than 1 year 

3 after the date of enactment of this Act. 

4 (2) REQUIREMENT.—The Board shall include 

5 not fewer than 1 representative of a labor organiza6 tion with significant energy experience who has been 

7 nominated by a national labor federation. 

8 (3) QUALIFICATIONS.—Each individual ap9 pointed to the Board under paragraph (1) shall have 

10 expertise in— 

11 (A) the field of economics or workforce de12 velopment; 

13 (B) relevant traditional energy industries 

14 or emerging energy industries, including energy 

15 efficiency; 

16 (C) secondary or postsecondary education; 

17 (D) energy workforce development or ap18 prenticeship programs of States or units of 

19 local government; 

20 (E) relevant organized labor organizations; 

21 or 

22 (F) bringing underrepresented groups, in23 cluding racial and ethnic minorities, women, 

24 veterans, and socioeconomically disadvantaged 

25 individuals, into the workforce. 


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1 (c) ADVISORY BOARD REVIEW AND RECOMMENDA2 TIONS.— 

3 (1) DETERMINATION BY BOARD.—In developing 

4 the strategy required under subsection (a), the 

5 Board shall— 

6 (A) determine whether there are opportuni7 ties to more effectively and efficiently use the 

8 capabilities of the Department in the develop9 ment of a skilled energy workforce; 

10 (B) identify ways in which the Department 

11 could work with other relevant Federal agen12 cies, States, units of local government, institu13 tions of higher education, labor organizations, 

14 Indian Tribes and tribal organizations, and in15 dustry in the development of a skilled energy 

16 workforce, subject to applicable law; 

17 (C) identify ways in which the Department 

18 and National Laboratories can— 

19 (i) increase outreach to minority-serv20 ing institutions; and 

21 (ii) make resources available to in22 crease the number of skilled minorities and 

23 women trained to go into the energy and 

24 energy-related manufacturing sectors; 


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1 (iii) increase outreach to displaced 

2 and unemployed energy sector workers; 

3 and 

4 (iv) make resources available to pro5 vide training to displaced and unemployed 

6 energy sector workers to reenter the en7 ergy workforce; and 

8 (D)(i) identify the energy sectors in great9 est need of workforce training; and 

10 (ii) in consultation with the Secretary of 

11 Labor, develop recommendations for the skills 

12 necessary to develop a workforce trained to 

13 work in those energy sectors. 

14 (2) REQUIRED ANALYSIS.—In developing the 

15 strategy required under subsection (a), the Board 

16 shall analyze the effectiveness of— 

17 (A) existing Department-directed support; 

18 and 

19 (B) existing energy workforce training pro20 grams. 

21 (3) REPORT.— 

22 (A) IN GENERAL.—Not later than 1 year 

23 after the date on which the Board is established 

24 under this section, and biennially thereafter 

25 until the date on which the Board is terminated 


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1 under subsection (f), the Board shall submit to 

2 the Secretary a report containing, with respect 

3 to the strategy required under subsection (a)— 

4 (i) the findings of the Board; and 

5 (ii) the proposed energy workforce 

6 strategy of the Board. 

7 (B) RESPONSE OF THE SECRETARY.—Not 

8 later than 90 days after the date on which a re9 port is submitted to the Secretary under sub10 paragraph (A), the Secretary shall— 

11 (i) submit to the Board a response to 

12 the report that— 

13 (I) describes whether the Sec14 retary approves or disapproves of each 

15 recommendation of the Board under 

16 subparagraph (A); and 

17 (II) if the Secretary approves of 

18 a recommendation, provides an imple19 mentation plan for the recommenda20 tion; and 

21 (ii) submit to Congress— 

22 (I) the report of the Board under 

23 subparagraph (A); and 

24 (II) the response of the Secretary 

25 under clause (i). 


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1 (C) PUBLIC AVAILABILITY OF REPORT.— 

2 (i) IN GENERAL.—The Board shall 

3 make each report under subparagraph (A) 

4 available to the public on the earlier of— 

5 (I) the date on which the Board 

6 receives the response of the Secretary 

7 under subparagraph (B)(i); and 

8 (II) the date that is 90 days 

9 after the date on which the Board 

10 submitted the report to the Secretary. 

11 (ii) REQUIREMENT.—If the Board has 

12 received a response to a report from the 

13 Secretary under subparagraph (B)(i), the 

14 Board shall make that response publicly 

15 available with the applicable report. 

16 (d) REPORT BY THE SECRETARY.—Not later than 

17 180 days before the date of expiration of a term of the 

18 Board under subsection (f), the Secretary shall submit to 

19 the Committees on Energy and Natural Resources and 

20 Appropriations of the Senate and the Committees on En21 ergy and Commerce and Appropriations of the House of 

22 Representatives a report that— 

23 (1) describes the effectiveness and accomplish24 ments of the Board during the applicable term; 


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1 (2) contains a determination of the Secretary as 

2 to whether the Board should be renewed; and 

3 (3) if the Secretary determines that the Board 

4 should be renewed, any recommendations as to 

5 whether and how the scope and functions of the 

6 Board should be modified. 

7 (e) OUTREACH TO MINORITY-SERVING INSTITU8 TIONS, VETERANS, AND DISPLACED AND UNEMPLOYED

9 ENERGY WORKERS.—In developing the strategy under 

10 subsection (a), the Board shall— 

11 (1) give special consideration to increasing out12 reach to minority-serving institutions, veterans, and 

13 displaced and unemployed energy workers; 

14 (2) make resources available to— 

15 (A) minority-serving institutions, with the 

16 objective of increasing the number of skilled mi17 norities and women trained to go into the en18 ergy and manufacturing sectors; 

19 (B) institutions that serve veterans, with 

20 the objective of increasing the number veterans 

21 in the energy industry by ensuring that vet22 erans have the credentials and training nec23 essary to secure careers in the energy industry; 

24 and 


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1 (C) institutions that serve displaced and 

2 unemployed energy workers to increase the 

3 number of individuals trained for jobs in the 

4 energy industry; 

5 (3) encourage the energy industry to improve 

6 the opportunities for students of minority-serving in7 stitutions, veterans, and displaced and unemployed 

8 energy workers to participate in internships, 

9 preapprenticeships, apprenticeships, and cooperative 

10 work-study programs in the energy industry; and 

11 (4) work with the National Laboratories to in12 crease the participation of underrepresented groups, 

13 veterans, and displaced and unemployed energy 

14 workers in internships, fellowships, training pro15 grams, and employment at the National Labora16 tories. 

17 (f) TERM.— 

18 (1) IN GENERAL.—Subject to paragraph (2), 

19 the Board shall terminate on September 30, 2026. 

20 (2) EXTENSIONS.—The Secretary may renew 

21 the Board for 1 or more 5-year periods by submit22 ting, not later than the date described in subsection 

23 (d), a report described in that subsection that con24 tains a determination by the Secretary that the 

25 Board should be renewed. 


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1 TITLE III—FUELS AND TECH2 NOLOGY INFRASTRUCTURE 

3 INVESTMENTS 

4 Subtitle A—Carbon Capture, Utili5 zation, Storage, and Transpor6 tation Infrastructure 

7 SEC. 3001. FINDINGS. 

8 Congress finds that— 

9 (1) the industrial sector is integral to the econ10 omy of the United States— 

11 (A) providing millions of jobs and essential 

12 products; and 

13 (B) demonstrating global leadership in 

14 manufacturing and innovation; 

15 (2) carbon capture and storage technologies are 

16 necessary for reducing hard-to-abate emissions from 

17 the industrial sector, which emits nearly 25 percent 

18 of carbon dioxide emissions in the United States; 

19 (3) carbon removal and storage technologies, in20 cluding direct air capture, must be deployed at 

21 large-scale in the coming decades to remove carbon 

22 dioxide directly from the atmosphere; 

23 (4) large-scale deployment of carbon capture, 

24 removal, utilization, transport, and storage— 


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1 (A) is critical for achieving mid-century cli2 mate goals; and 

3 (B) will drive regional economic develop4 ment, technological innovation, and high-wage 

5 employment; 

6 (5) carbon capture, removal, and utilization 

7 technologies require a backbone system of shared 

8 carbon dioxide transport and storage infrastructure 

9 to enable large-scale deployment, realize economies 

10 of scale, and create an interconnected carbon man11 agement market; 

12 (6) carbon dioxide transport infrastructure and 

13 permanent geological storage are proven and safe 

14 technologies with existing Federal and State regu15 latory frameworks; 

16 (7) carbon dioxide transport and storage infra17 structure share similar barriers to deployment pre18 viously faced by other types of critical national infra19 structure, such as high capital costs and chicken20 and-egg challenges, that require Federal and State 

21 support, in combination with private investment, to 

22 be overcome; and 

23 (8) each State should take into consideration, 

24 with respect to new carbon dioxide transportation in25 frastructure— 


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1 (A) qualifying the infrastructure as pollu2 tion control devices under applicable laws (in3 cluding regulations) of the State; and 

4 (B) establishing a waiver of ad valorem 

5 and property taxes for the infrastructure for a 

6 period of not less than 10 years. 

7 SEC. 3002. CARBON UTILIZATION PROGRAM. 

8 Section 969A of the Energy Policy Act of 2005 (42 

9 U.S.C. 16298a) is amended— 

10 (1) in subsection (a)— 

11 (A) by redesignating paragraphs (3) and 

12 (4) as paragraphs (4) and (5), respectively; and 

13 (B) by inserting after paragraph (2) the 

14 following: 

15 ‘‘(3) to develop or obtain, in coordination with 

16 other applicable Federal agencies and standard-set17 ting organizations, standards and certifications, as 

18 appropriate, to facilitate the commercialization of 

19 the products and technologies described in para20 graph (2);’’; 

21 (2) in subsection (b)— 

22 (A) by redesignating paragraph (2) as 

23 paragraph (3); 

24 (B) by inserting after paragraph (1) the 

25 following: 


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1 ‘‘(2) GRANT PROGRAM.— 

2 ‘‘(A) IN GENERAL.—Not later than 1 year 

3 after the date of enactment of the Energy In4 frastructure Act, the Secretary shall establish a 

5 program to provide grants to eligible entities to 

6 use in accordance with subparagraph (D). 

7 ‘‘(B) ELIGIBLE ENTITIES.—To be eligible 

8 to receive a grant under this paragraph, an en9 tity shall be— 

10 ‘‘(i) a State; 

11 ‘‘(ii) a unit of local government; or 

12 ‘‘(iii) a public utility or agency. 

13 ‘‘(C) APPLICATIONS.—Eligible entities de14 siring a grant under this paragraph shall sub15 mit to the Secretary an application at such 

16 time, in such manner, and containing such in17 formation as the Secretary determines to be ap18 propriate. 

19 ‘‘(D) USE OF FUNDS.—An eligible entity 

20 shall use a grant received under this paragraph 

21 to procure and use commercial or industrial 

22 products that— 

23 ‘‘(i) use or are derived from anthropo24 genic carbon oxides; and 


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1 ‘‘(ii) demonstrate significant net re2 ductions in lifecycle greenhouse gas emis3 sions compared to incumbent technologies, 

4 processes, and products.’’; and 

5 (C) in paragraph (3) (as so redesignated), 

6 by striking ‘‘paragraph (1)’’ and inserting ‘‘this 

7 subsection’’; and 

8 (3) by striking subsection (d) and inserting the 

9 following: 

10 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary to carry 

12 out this section— 

13 ‘‘(1) $41,000,000 for fiscal year 2022; 

14 ‘‘(2) $65,250,000 for fiscal year 2023; 

15 ‘‘(3) $66,562,500 for fiscal year 2024; 

16 ‘‘(4) $67,940,625 for fiscal year 2025; and 

17 ‘‘(5) $69,387,656 for fiscal year 2026.’’. 

18 SEC. 3003. CARBON CAPTURE TECHNOLOGY PROGRAM. 

19 Section 962 of the Energy Policy Act of 2005 (42 

20 U.S.C. 16292) is amended— 

21 (1) in subsection (b)(2)— 

22 (A) in subparagraph (C), by striking 

23 ‘‘and’’ at the end; 


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1 (B) in subparagraph (D), by striking ‘‘pro2 gram.’’ and inserting ‘‘program for carbon cap3 ture technologies; and’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(E) a front-end engineering and design 

6 program for carbon dioxide transport infra7 structure necessary to enable deployment of 

8 carbon capture, utilization, and storage tech9 nologies.’’; and 

10 (2) in subsection (d)(1)— 

11 (A) in subparagraph (C), by striking 

12 ‘‘and’’ at the end; 

13 (B) in subparagraph (D), by striking the 

14 period at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(E) for activities under the front-end en17 gineering and design program described in sub18 section (b)(2)(E), $100,000,000 for the period 

19 of fiscal years 2022 through 2026.’’. 

20 SEC. 3004. CARBON DIOXIDE TRANSPORTATION INFRA21 STRUCTURE FINANCE AND INNOVATION. 

22 (a) IN GENERAL.—Title IX of the Energy Policy Act 

23 of 2005 (42 U.S.C. 16181 et seq.) is amended by adding 

24 at the end the following: 


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1 ‘‘Subtitle J—Carbon Dioxide Trans2 portation Infrastructure Fi3 nance and Innovation 

4 ‘‘SEC. 999A. DEFINITIONS. 

5 ‘‘In this subtitle: 

6 ‘‘(1) CIFIA PROGRAM.—The term ‘CIFIA pro7 gram’ means the carbon dioxide transportation in8 frastructure finance and innovation program estab9 lished under section 999B(a). 

10 ‘‘(2) COMMON CARRIER.—The term ‘common 

11 carrier’ means a transportation infrastructure oper12 ator or owner that— 

13 ‘‘(A) publishes a publicly available tariff 

14 containing the just and reasonable rates, terms, 

15 and conditions of nondiscriminatory service; 

16 and 

17 ‘‘(B) holds itself out to provide transpor18 tation services to the public for a fee. 

19 ‘‘(3) CONTINGENT COMMITMENT.—The term 

20 ‘contingent commitment’ means a commitment to 

21 obligate funds from future available budget author22 ity that is— 

23 ‘‘(A) contingent on those funds being made 

24 available in law at a future date; and 


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1 ‘‘(B) not an obligation of the Federal Gov2 ernment. 

3 ‘‘(4) ELIGIBLE PROJECT COSTS.—The term ‘eli4 gible project costs’ means amounts substantially all 

5 of which are paid by, or for the account of, an obli6 gor in connection with a project, including— 

7 ‘‘(A) the cost of— 

8 ‘‘(i) development-phase activities, in9 cluding planning, feasibility analysis, rev10 enue forecasting, environmental review, 

11 permitting, preliminary engineering and 

12 design work, and other preconstruction ac13 tivities; 

14 ‘‘(ii) construction, reconstruction, re15 habilitation, replacement, and acquisition 

16 of real property (including land relating to 

17 the project and improvements to land), en18 vironmental mitigation, construction con19 tingencies, and acquisition and installation 

20 of equipment (including labor); and 

21 ‘‘(iii) capitalized interest necessary to 

22 meet market requirements, reasonably re23 quired reserve funds, capital issuance ex24 penses, and other carrying costs during 

25 construction; and 


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1 ‘‘(B) transaction costs associated with fi2 nancing the project, including— 

3 ‘‘(i) the cost of legal counsel and tech4 nical consultants; and 

5 ‘‘(ii) any subsidy amount paid in ac6 cordance with section 999B(c)(3)(B)(ii) or 

7 section 999C(b)(6)(B)(ii). 

8 ‘‘(5) FEDERAL CREDIT INSTRUMENT.—The 

9 term ‘Federal credit instrument’ means a secured 

10 loan or loan guarantee authorized to be provided 

11 under the CIFIA program with respect to a project. 

12 ‘‘(6) LENDER.—The term ‘lender’ means a 

13 qualified institutional buyer (as defined in section 

14 230.144A(a) of title 17, Code of Federal Regula15 tions (or a successor regulation), commonly known 

16 as Rule 144A(a) of the Securities and Exchange 

17 Commission and issued under the Securities Act of 

18 1933 (15 U.S.C. 77a et seq.)), that is not a Federal 

19 qualified institutional buyer. 

20 ‘‘(7) LETTER OF INTEREST.—The term ‘letter 

21 of interest’ means a letter submitted by a potential 

22 applicant prior to an application for credit assistance 

23 in a format prescribed by the Secretary on the 

24 website of the CIFIA program that— 


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1 ‘‘(A) describes the project and the location, 

2 purpose, and cost of the project; 

3 ‘‘(B) outlines the proposed financial plan, 

4 including the requested credit and grant assist5 ance and the proposed obligor; 

6 ‘‘(C) provides a status of environmental re7 view; and 

8 ‘‘(D) provides information regarding satis9 faction of other eligibility requirements of the 

10 CIFIA program. 

11 ‘‘(8) LOAN GUARANTEE.—The term ‘loan guar12 antee’ means any guarantee or other pledge by the 

13 Secretary to pay all or part of the principal of, and 

14 interest on, a loan made to an obligor, or debt obli15 gation issued by an obligor, in each case funded by 

16 a lender. 

17 ‘‘(9) MASTER CREDIT AGREEMENT.—The term 

18 ‘master credit agreement’ means a conditional agree19 ment that— 

20 ‘‘(A) is for the purpose of extending credit 

21 assistance for— 

22 ‘‘(i) a project of high priority under 

23 section 999B(c)(3)(A); or 

24 ‘‘(ii) a project covered under section 

25 999B(c)(3)(B); 


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1 ‘‘(B) does not provide for a current obliga2 tion of Federal funds; and 

3 ‘‘(C) would— 

4 ‘‘(i) make a contingent commitment of 

5 a Federal credit instrument or grant at a 

6 future date, subject to— 

7 ‘‘(I) the availability of future 

8 funds being made available to carry 

9 out the CIFIA program; and 

10 ‘‘(II) the satisfaction of all condi11 tions for the provision of credit assist12 ance under the CIFIA program, in13 cluding section 999C(b); 

14 ‘‘(ii) establish the maximum amounts 

15 and general terms and conditions of the 

16 Federal credit instruments or grants; 

17 ‘‘(iii) identify the 1 or more revenue 

18 sources that will secure the repayment of 

19 the Federal credit instruments; 

20 ‘‘(iv) provide for the obligation of 

21 funds for the Federal credit instruments or 

22 grants after all requirements have been 

23 met for the projects subject to the agree24 ment, including— 


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1 ‘‘(I) compliance with all applica2 ble requirements specified under the 

3 CIFIA program, including sections 

4 999B(d) and 999C(b)(1); and 

5 ‘‘(II) the availability of funds to 

6 carry out the CIFIA program; and 

7 ‘‘(v) require that contingent commit8 ments shall result in a financial close and 

9 obligation of credit or grant assistance by 

10 not later than 4 years after the date of 

11 entry into the agreement or release of the 

12 commitment, as applicable, unless other13 wise extended by the Secretary. 

14 ‘‘(10) OBLIGOR.—The term ‘obligor’ means a 

15 corporation, partnership, joint venture, trust, non16 Federal governmental entity, agency, or instrumen17 tality, or other entity that is liable for payment of 

18 the principal of, or interest on, a Federal credit in19 strument. 

20 ‘‘(11) PRODUCED IN THE UNITED STATES.— 

21 The term ‘produced in the United States’, with re22 spect to iron and steel, means that all manufac23 turing processes for the iron and steel, including the 

24 application of any coating, occurs within the United 

25 States. 


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1 ‘‘(12) PROJECT.—The term ‘project’ means a 

2 project for common carrier carbon dioxide transpor3 tation infrastructure or associated equipment, in4 cluding pipeline, shipping, rail, or other transpor5 tation infrastructure and associated equipment, that 

6 will transport or handle carbon dioxide captured 

7 from anthropogenic sources or ambient air, as the 

8 Secretary determines to be appropriate. 

9 ‘‘(13) PROJECT OBLIGATION.—The term 

10 ‘project obligation’ means any note, bond, debenture, 

11 or other debt obligation issued by an obligor in con12 nection with the financing of a project, other than 

13 a Federal credit instrument. 

14 ‘‘(14) SECURED LOAN.—The term ‘secured 

15 loan’ means a direct loan to an obligor or a debt ob16 ligation issued by an obligor and purchased by the 

17 Secretary, in each case funded by the Secretary in 

18 connection with the financing of a project under sec19 tion 999C. 

20 ‘‘(15) SUBSIDY AMOUNT.—The term ‘subsidy 

21 amount’ means the amount of budget authority suf22 ficient to cover the estimated long-term cost to the 

23 Federal Government of a Federal credit instru24 ment— 


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1 ‘‘(A) calculated on a net present value 

2 basis; and 

3 ‘‘(B) excluding administrative costs and 

4 any incidental effects on governmental receipts 

5 or outlays in accordance with the Federal Cred6 it Reform Act of 1990 (2 U.S.C. 661 et seq.). 

7 ‘‘(16) SUBSTANTIAL COMPLETION.—The term 

8 ‘substantial completion’, with respect to a project, 

9 means the date— 

10 ‘‘(A) on which the project commences 

11 transportation of carbon dioxide; or 

12 ‘‘(B) of a comparable event to the event 

13 described in subparagraph (A), as determined 

14 by the Secretary and specified in the project 

15 credit agreement. 

16 ‘‘SEC. 999B. DETERMINATION OF ELIGIBILITY AND 

17 PROJECT SELECTION. 

18 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

19 shall establish and carry out a carbon dioxide transpor20 tation infrastructure finance and innovation program, 

21 under which the Secretary shall provide for eligible 

22 projects in accordance with this subtitle— 

23 ‘‘(1) a Federal credit instrument under section 

24 999C; 

25 ‘‘(2) a grant under section 999D; or 


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1 ‘‘(3) both a Federal credit instrument and a 

2 grant. 

3 ‘‘(b) ELIGIBILITY.— 

4 ‘‘(1) IN GENERAL.—A project shall be eligible 

5 to receive a Federal credit instrument or a grant 

6 under the CIFIA program if— 

7 ‘‘(A) the entity proposing to carry out the 

8 project submits a letter of interest prior to sub9 mission of an application under paragraph (3) 

10 for the project; and 

11 ‘‘(B) the project meets the criteria de12 scribed in this subsection. 

13 ‘‘(2) CREDITWORTHINESS.— 

14 ‘‘(A) IN GENERAL.—Each project and obli15 gor that receives a Federal credit instrument or 

16 a grant under the CIFIA program shall be 

17 creditworthy, such that there exists a reason18 able prospect of repayment of the principal and 

19 interest on the Federal credit instrument, as 

20 determined by the Secretary under subpara21 graph (B). 

22 ‘‘(B) REASONABLE PROSPECT OF REPAY23 MENT.—The Secretary shall base a determina24 tion of whether there is a reasonable prospect 

25 of repayment under subparagraph (A) on a 


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1 comprehensive evaluation of whether the obligor 

2 has a reasonable prospect of repaying the Fed3 eral credit instrument for the eligible project, 

4 including evaluation of— 

5 ‘‘(i) the strength of the contractual 

6 terms of an eligible project (if available for 

7 the applicable market segment); 

8 ‘‘(ii) the forecast of noncontractual 

9 cash flows supported by market projections 

10 from reputable sources, as determined by 

11 the Secretary, and cash sweeps or other 

12 structural enhancements; 

13 ‘‘(iii) the projected financial strength 

14 of the obligor— 

15 ‘‘(I) at the time of loan close; 

16 and 

17 ‘‘(II) throughout the loan term, 

18 including after the project is com19 pleted; 

20 ‘‘(iv) the financial strength of the in21 vestors and strategic partners of the obli22 gor, if applicable; and 

23 ‘‘(v) other financial metrics and anal24 yses that are relied on by the private lend25 ing community and nationally recognized 


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1 credit rating agencies, as determined ap2 propriate by the Secretary. 

3 ‘‘(3) APPLICATIONS.—To be eligible for assist4 ance under the CIFIA program, an obligor shall 

5 submit to the Secretary a project application at such 

6 time, in such manner, and containing such informa7 tion as the Secretary determines to be appropriate. 

8 ‘‘(4) ELIGIBLE PROJECT COSTS.—A project 

9 under the CIFIA program shall have eligible project 

10 costs that are reasonably anticipated to equal or ex11 ceed $100,000,000. 

12 ‘‘(5) REVENUE SOURCES.—The applicable Fed13 eral credit instrument shall be repayable, in whole or 

14 in part, from— 

15 ‘‘(A) user fees; 

16 ‘‘(B) payments owing to the obligor under 

17 a public-private partnership; or 

18 ‘‘(C) other revenue sources that also secure 

19 or fund the project obligations. 

20 ‘‘(6) OBLIGOR WILL BE IDENTIFIED LATER.— 

21 A State, local government, agency, or instrumen22 tality of a State or local government, or a public au23 thority, may submit to the Secretary an application 

24 under paragraph (3), under which a private party to 

25 a public-private partnership will be— 


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1 ‘‘(A) the obligor; and 

2 ‘‘(B) identified at a later date through 

3 completion of a procurement and selection of 

4 the private party. 

5 ‘‘(7) BENEFICIAL EFFECTS.—The Secretary 

6 shall determine that financial assistance for each 

7 project under the CIFIA program will— 

8 ‘‘(A) attract public or private investment 

9 for the project; or 

10 ‘‘(B) enable the project to proceed at an 

11 earlier date than the project would otherwise be 

12 able to proceed or reduce the lifecycle costs (in13 cluding debt service costs) of the project. 

14 ‘‘(8) PROJECT READINESS.—To be eligible for 

15 assistance under the CIFIA program, the applicant 

16 shall demonstrate a reasonable expectation that the 

17 contracting process for construction of the project 

18 can commence by not later than 90 days after the 

19 date on which a Federal credit instrument or grant 

20 is obligated for the project under the CIFIA pro21 gram. 

22 ‘‘(c) SELECTION AMONG ELIGIBLE PROJECTS.— 

23 ‘‘(1) ESTABLISHMENT OF APPLICATION PROC24 ESS.—The Secretary shall establish an application 


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1 process under which projects that are eligible to re2 ceive assistance under subsection (b) may— 

3 ‘‘(A) receive credit assistance on terms ac4 ceptable to the Secretary, if adequate funds are 

5 available (including any funds provided on be6 half of an eligible project under paragraph 

7 (3)(B)(ii)) to cover the subsidy amount associ8 ated with the Federal credit instrument; and 

9 ‘‘(B) receive grants under section 999D 

10 if— 

11 ‘‘(i) adequate funds are available to 

12 cover the amount of the grant; and 

13 ‘‘(ii) the Secretary determines that 

14 the project is eligible under subsection (b). 

15 ‘‘(2) PRIORITY.—In selecting projects to receive 

16 credit assistance under subsection (b), the Secretary 

17 shall give priority to projects that— 

18 ‘‘(A) are large-capacity, common carrier 

19 infrastructure; 

20 ‘‘(B) have demonstrated demand for use of 

21 the infrastructure by associated projects that 

22 capture carbon dioxide from anthropogenic 

23 sources or ambient air; 

24 ‘‘(C) enable geographical diversity in asso25 ciated projects that capture carbon dioxide from 


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1 anthropogenic sources or ambient air, with the 

2 goal of enabling projects in all major carbon di3 oxide-emitting regions of the United States; and 

4 ‘‘(D) are sited within, or adjacent to, exist5 ing pipeline or other linear infrastructure cor6 ridors, in a manner that minimizes environ7 mental disturbance and other siting concerns. 

8 ‘‘(3) MASTER CREDIT AGREEMENTS.— 

9 ‘‘(A) PRIORITY PROJECTS.—The Secretary 

10 may enter into a master credit agreement for a 

11 project that the Secretary determines— 

12 ‘‘(i) will likely be eligible for credit as13 sistance under subsection (b), on obtain14 ing— 

15 ‘‘(I) additional commitments 

16 from associated carbon capture 

17 projects to use the project; or 

18 ‘‘(II) all necessary permits and 

19 approvals; and 

20 ‘‘(ii) is a project of high priority, as 

21 determined in accordance with the criteria 

22 described in paragraph (2). 

23 ‘‘(B) ADEQUATE FUNDING NOT AVAIL24 ABLE.—If the Secretary fully obligates funding 

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1 quate funding is not available to fund a Federal 

2 credit instrument, a project sponsor (including 

3 a unit of State or local government) of an eligi4 ble project may elect— 

5 ‘‘(i)(I) to enter into a master credit 

6 agreement in lieu of the Federal credit in7 strument; and 

8 ‘‘(II) to wait to execute a Federal 

9 credit instrument until the fiscal year for 

10 which additional funds are available to re11 ceive credit assistance; or 

12 ‘‘(ii) if the lack of adequate funding is 

13 solely with respect to amounts available for 

14 the subsidy amount, to pay the subsidy 

15 amount to fund the Federal credit instru16 ment. 

17 ‘‘(d) FEDERAL REQUIREMENTS.— 

18 ‘‘(1) IN GENERAL.—Nothing in this subtitle su19 persedes the applicability of any other requirement 

20 under Federal law (including regulations). 

21 ‘‘(2) NEPA.—Federal credit assistance may 

22 only be provided under this subtitle for a project 

23 that has received an environmental categorical exclu24 sion, a finding of no significant impact, or a record 


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1 of decision under the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.). 

3 ‘‘(e) USE OF AMERICAN IRON, STEEL, AND MANU4 FACTURED GOODS.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), no Federal credit instrument or grant 

7 provided under the CIFIA program shall be made 

8 available for a project unless all iron, steel, and 

9 manufactured goods used in the project are pro10 duced in the United States. 

11 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

12 apply in any case or category of cases with respect 

13 to which the Secretary determines that— 

14 ‘‘(A) the application would be inconsistent 

15 with the public interest; 

16 ‘‘(B) iron, steel, or a relevant manufac17 tured good is not produced in the United States 

18 in sufficient and reasonably available quantity, 

19 or of a satisfactory quality; or 

20 ‘‘(C) the inclusion of iron, steel, or a man21 ufactured good produced in the United States 

22 will increase the cost of the overall project by 

23 more than 25 percent. 


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1 ‘‘(3) WAIVERS.—If the Secretary receives a re2 quest for a waiver under this subsection, the Sec3 retary shall— 

4 ‘‘(A) make available to the public a copy of 

5 the request, together with any information 

6 available to the Secretary concerning the re7 quest— 

8 ‘‘(i) on an informal basis; and 

9 ‘‘(ii) by electronic means, including on 

10 the official public website of the Depart11 ment; 

12 ‘‘(B) allow for informal public comment re13 lating to the request for not fewer than 15 days 

14 before making a determination with respect to 

15 the request; and 

16 ‘‘(C) approve or disapprove the request by 

17 not later than the date that is 120 days after 

18 the date of receipt of the request. 

19 ‘‘(4) APPLICABILITY.—This subsection shall be 

20 applied in accordance with any applicable obligations 

21 of the United States under international agreements. 

22 ‘‘(f) APPLICATION PROCESSING PROCEDURES.— 

23 ‘‘(1) NOTICE OF COMPLETE APPLICATION.— 

24 Not later than 30 days after the date of receipt of 

25 an application under this section, the Secretary shall 


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1 provide to the applicant a written notice describing 

2 whether— 

3 ‘‘(A) the application is complete; or 

4 ‘‘(B) additional information or materials 

5 are needed to complete the application. 

6 ‘‘(2) APPROVAL OR DENIAL OF APPLICATION.— 

7 Not later than 60 days after the date of issuance of 

8 a written notice under paragraph (1), the Secretary 

9 shall provide to the applicant a written notice in10 forming the applicant whether the Secretary has ap11 proved or disapproved the application. 

12 ‘‘(g) DEVELOPMENT-PHASE ACTIVITIES.—Any Fed13 eral credit instrument provided under the CIFIA program 

14 may be used to finance up to 100 percent of the cost of 

15 development-phase activities, as described in section 

16 999A(4)(A). 

17 ‘‘SEC. 999C. SECURED LOANS. 

18 ‘‘(a) AGREEMENTS.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

20 the Secretary may enter into agreements with 1 or 

21 more obligors to make secured loans, the proceeds of 

22 which— 

23 ‘‘(A) shall be used— 

24 ‘‘(i) to finance eligible project costs of 

25 any project selected under section 999B; 


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1 ‘‘(ii) to refinance interim construction 

2 financing of eligible project costs of any 

3 project selected under section 999B; or 

4 ‘‘(iii) to refinance long-term project 

5 obligations or Federal credit instruments, 

6 if the refinancing provides additional fund7 ing capacity for the completion, enhance8 ment, or expansion of any project that— 

9 ‘‘(I) is selected under section 

10 999B; or 

11 ‘‘(II) otherwise meets the re12 quirements of that section; and 

13 ‘‘(B) may be used in accordance with sub14 section (b)(7) to pay any fees collected by the 

15 Secretary under subparagraph (B) of that sub16 section. 

17 ‘‘(2) RISK ASSESSMENT.—Before entering into 

18 an agreement under this subsection, the Secretary, 

19 in consultation with the Director of the Office of 

20 Management and Budget, shall determine an appro21 priate credit subsidy amount for each secured loan, 

22 taking into account all relevant factors, including the 

23 creditworthiness factors under section 999B(b)(2). 

24 ‘‘(b) TERMS AND LIMITATIONS.— 


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1 ‘‘(1) IN GENERAL.—A secured loan under this 

2 section with respect to a project shall be on such 

3 terms and conditions and contain such covenants, 

4 representations, warranties, and requirements (in5 cluding requirements for audits) as the Secretary de6 termines to be appropriate. 

7 ‘‘(2) MAXIMUM AMOUNT.—The amount of a se8 cured loan under this section shall not exceed an 

9 amount equal to 80 percent of the reasonably antici10 pated eligible project costs. 

11 ‘‘(3) PAYMENT.—A secured loan under this sec12 tion shall be payable, in whole or in part, from— 

13 ‘‘(A) user fees; 

14 ‘‘(B) payments owing to the obligor under 

15 a public-private partnership; or 

16 ‘‘(C) other revenue sources that also secure 

17 or fund the project obligations. 

18 ‘‘(4) INTEREST RATE.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), the interest rate on a se21 cured loan under this section shall be not less 

22 than the interest rate reflected in the yield on 

23 United States Treasury securities of a similar 

24 maturity to the maturity of the secured loan on 

25 the date of execution of the loan agreement. 


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1 ‘‘(B) LIMITED BUYDOWNS.— 

2 ‘‘(i) IN GENERAL.—Subject to clause 

3 (iii), the Secretary may lower the interest 

4 rate of a secured loan under this section to 

5 not lower than the interest rate described 

6 in clause (ii), if the interest rate has in7 creased during the period— 

8 ‘‘(I) beginning on, as applica9 ble— 

10 ‘‘(aa) the date on which an 

11 application acceptable to the Sec12 retary is submitted for the appli13 cable project; or 

14 ‘‘(bb) the date on which the 

15 Secretary entered into a master 

16 credit agreement for the applica17 ble project; and 

18 ‘‘(II) ending on the date on 

19 which the Secretary executes the Fed20 eral credit instrument for the applica21 ble project that is the subject of the 

22 secured loan. 

23 ‘‘(ii) DESCRIPTION OF INTEREST

24 RATE.—The interest rate referred to in 

25 clause (i) is the interest rate reflected in 


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1 the yield on United States Treasury securi2 ties of a similar maturity to the maturity 

3 of the secured loan in effect, as applicable 

4 to the project that is the subject of the se5 cured loan, on— 

6 ‘‘(I) the date described in clause 

7 (i)(I)(aa); or 

8 ‘‘(II) the date described in clause 

9 (i)(I)(bb). 

10 ‘‘(iii) LIMITATION.—The interest rate 

11 of a secured loan may not be lowered pursuant to clause (i) by more than 11 12 ⁄2 per13 centage points (150 basis points). 

14 ‘‘(5) MATURITY DATE.—The final maturity 

15 date of the secured loan shall be the earlier of— 

16 ‘‘(A) the date that is 35 years after the 

17 date of substantial completion of the project; 

18 and 

19 ‘‘(B) if the useful life of the capital asset 

20 being financed is of a lesser period, the date 

21 that is the end of the useful life of the asset. 

22 ‘‘(6) NONSUBORDINATION.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the secured loan shall not be 

25 subordinated to the claims of any holder of 


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1 project obligations in the event of bankruptcy, 

2 insolvency, or liquidation of the obligor. 

3 ‘‘(B) PREEXISTING INDENTURE.— 

4 ‘‘(i) IN GENERAL.—The Secretary 

5 shall waive the requirement under subpara6 graph (A) for a public agency borrower 

7 that is financing ongoing capital programs 

8 and has outstanding senior bonds under a 

9 preexisting indenture, if— 

10 ‘‘(I) the secured loan is rated in 

11 the A category or higher; and 

12 ‘‘(II) the secured loan is secured 

13 and payable from pledged revenues 

14 not affected by project performance, 

15 such as a tax-backed revenue pledge 

16 or a system-backed pledge of project 

17 revenues. 

18 ‘‘(ii) LIMITATION.—If the Secretary 

19 waives the nonsubordination requirement 

20 under this subparagraph— 

21 ‘‘(I) the maximum credit subsidy 

22 amount to be paid by the Federal 

23 Government shall be not more than 

24 10 percent of the principal amount of 

25 the secured loan; and 


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1 ‘‘(II) the obligor shall be respon2 sible for paying the remainder of the 

3 subsidy amount, if any. 

4 ‘‘(7) FEES.— 

5 ‘‘(A) IN GENERAL.—The Secretary may 

6 collect a fee on or after the date of the financial 

7 close of a Federal credit instrument under this 

8 section in an amount equal to not more than 

9 $3,000,000 to cover all or a portion of the costs 

10 to the Federal Government of providing the 

11 Federal credit instrument. 

12 ‘‘(B) AMENDMENT TO ADD COST OF FEES

13 TO SECURED LOAN.—If the Secretary collects a 

14 fee from an obligor under subparagraph (A) to 

15 cover all or a portion of the costs to the Federal 

16 Government of providing a secured loan, the ob17 ligor and the Secretary may amend the terms 

18 of the secured loan to add to the principal of 

19 the secured loan an amount equal to the 

20 amount of the fee collected by the Secretary. 

21 ‘‘(8) MAXIMUM FEDERAL INVOLVEMENT.—The 

22 total Federal assistance provided for a project under 

23 the CIFIA program, including any grant provided 

24 under section 999D, shall not exceed an amount 

25 equal to 80 percent of the eligible project costs. 


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1 ‘‘(c) REPAYMENT.— 

2 ‘‘(1) SCHEDULE.—The Secretary shall establish 

3 a repayment schedule for each secured loan under 

4 this section based on— 

5 ‘‘(A) the projected cash flow from project 

6 revenues and other repayment sources; and 

7 ‘‘(B) the useful life of the project. 

8 ‘‘(2) COMMENCEMENT.—Scheduled loan repay9 ments of principal or interest on a secured loan 

10 under this section shall commence not later than 5 

11 years after the date of substantial completion of the 

12 project. 

13 ‘‘(3) DEFERRED PAYMENTS.— 

14 ‘‘(A) IN GENERAL.—If, at any time after 

15 the date of substantial completion of a project, 

16 the project is unable to generate sufficient reve17 nues in excess of reasonable and necessary op18 erating expenses to pay the scheduled loan re19 payments of principal and interest on the se20 cured loan, the Secretary may, subject to sub21 paragraph (C), allow the obligor to add unpaid 

22 principal and interest to the outstanding bal23 ance of the secured loan. 

24 ‘‘(B) INTEREST.—Any payment deferred 

25 under subparagraph (A) shall— 


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1 ‘‘(i) continue to accrue interest in ac2 cordance with subsection (b)(4) until fully 

3 repaid; and 

4 ‘‘(ii) be scheduled to be amortized 

5 over the remaining term of the loan. 

6 ‘‘(C) CRITERIA.— 

7 ‘‘(i) IN GENERAL.—Any payment de8 ferral under subparagraph (A) shall be 

9 contingent on the project meeting criteria 

10 established by the Secretary. 

11 ‘‘(ii) REPAYMENT STANDARDS.—The 

12 criteria established pursuant to clause (i) 

13 shall include standards for the reasonable 

14 prospect of repayment. 

15 ‘‘(4) PREPAYMENT.— 

16 ‘‘(A) USE OF EXCESS REVENUES.—Any 

17 excess revenues that remain after satisfying 

18 scheduled debt service requirements on the 

19 project obligations and secured loan and all de20 posit requirements under the terms of any trust 

21 agreement, bond resolution, or similar agree22 ment securing project obligations may be ap23 plied annually to prepay the secured loan, with24 out penalty. 


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1 ‘‘(B) USE OF PROCEEDS OF REFI2 NANCING.—A secured loan may be prepaid at 

3 any time without penalty from the proceeds of 

4 refinancing from non-Federal funding sources. 

5 ‘‘(d) SALE OF SECURED LOANS.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

7 as soon as practicable after substantial completion of 

8 a project and after notifying the obligor, the Sec9 retary may sell to another entity or reoffer into the 

10 capital markets a secured loan for the project if the 

11 Secretary determines that the sale or reoffering can 

12 be made on favorable terms. 

13 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale 

14 or reoffering under paragraph (1), the Secretary 

15 may not change any original term or condition of the 

16 secured loan without the written consent of the obli17 gor. 

18 ‘‘(e) LOAN GUARANTEES.— 

19 ‘‘(1) IN GENERAL.—The Secretary may provide 

20 a loan guarantee to a lender in lieu of making a se21 cured loan under this section if the Secretary deter22 mines that the budgetary cost of the loan guarantee 

23 is substantially the same as, or less than, that of a 

24 secured loan. 


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1 ‘‘(2) TERMS.—The terms of a loan guarantee 

2 under paragraph (1) shall be consistent with the 

3 terms required under this section for a secured loan, 

4 except that the rate on the guaranteed loan and any 

5 prepayment features shall be negotiated between the 

6 obligor and the lender, with the consent of the Sec7 retary. 

8 ‘‘SEC. 999D. FUTURE GROWTH GRANTS. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary may provide 

10 grants to pay a portion of the cost differential, with re11 spect to any projected future increase in demand for car12 bon dioxide transportation by an infrastructure project de13 scribed in subsection (b), between— 

14 ‘‘(1) the cost of constructing the infrastructure 

15 asset with the capacity to transport an increased 

16 flow rate of carbon dioxide, as made practicable 

17 under the project; and 

18 ‘‘(2) the cost of constructing the infrastructure 

19 asset with the capacity to transport carbon dioxide 

20 at the flow rate initially required, based on commit21 ments for the use of the asset. 

22 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

23 under this section, an entity shall— 

24 ‘‘(1) be eligible to receive credit assistance 

25 under the CIFIA program; 


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1 ‘‘(2) carry out, or propose to carry out, a 

2 project for large-capacity, common carrier infra3 structure with a probable future increase in demand 

4 for carbon dioxide transportation; and 

5 ‘‘(3) submit to the Secretary an application at 

6 such time, in such manner, and containing such in7 formation as the Secretary determines to be appro8 priate. 

9 ‘‘(c) USE OF FUNDS.—A grant provided under this 

10 section may be used only to pay the costs of any additional 

11 flow rate capacity of a carbon dioxide transportation infra12 structure asset that the project sponsor demonstrates to 

13 the satisfaction of the Secretary can reasonably be ex14 pected to be used during the 20-year period beginning on 

15 the date of substantial completion of the project described 

16 in subsection (b)(2). 

17 ‘‘(d) MAXIMUM AMOUNT.—The amount of a grant 

18 provided under this section may not exceed an amount 

19 equal to 80 percent of the cost of the additional capacity 

20 described in subsection (a). 

21 ‘‘SEC. 999E. PROGRAM ADMINISTRATION. 

22 ‘‘(a) REQUIREMENT.—The Secretary shall establish 

23 a uniform system to service the Federal credit instruments 

24 provided under the CIFIA program. 


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1 ‘‘(b) FEES.—If funding sufficient to cover the costs 

2 of services of expert firms retained pursuant to subsection 

3 (d) and all or a portion of the costs to the Federal Govern4 ment of servicing the Federal credit instruments is not 

5 provided in an appropriations Act for a fiscal year, the 

6 Secretary, during that fiscal year, may collect fees on or 

7 after the date of the financial close of a Federal credit 

8 instrument provided under the CIFIA program at a level 

9 that is sufficient to cover those costs. 

10 ‘‘(c) SERVICER.— 

11 ‘‘(1) IN GENERAL.—The Secretary may appoint 

12 a financial entity to assist the Secretary in servicing 

13 the Federal credit instruments. 

14 ‘‘(2) DUTIES.—A servicer appointed under 

15 paragraph (1) shall act as the agent for the Sec16 retary. 

17 ‘‘(3) FEE.—A servicer appointed under para18 graph (1) shall receive a servicing fee, subject to ap19 proval by the Secretary. 

20 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec21 retary may retain the services of expert firms, including 

22 counsel, in the field of municipal and project finance to 

23 assist in the underwriting and servicing of Federal credit 

24 instruments. 


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1 ‘‘(e) EXPEDITED PROCESSING.—The Secretary shall 

2 implement procedures and measures to economize the time 

3 and cost involved in obtaining approval and the issuance 

4 of credit assistance under the CIFIA program. 

5 ‘‘SEC. 999F. STATE AND LOCAL PERMITS. 

6 ‘‘The provision of credit assistance under the CIFIA 

7 program with respect to a project shall not— 

8 ‘‘(1) relieve any recipient of the assistance of 

9 any project obligation to obtain any required State 

10 or local permit or approval with respect to the 

11 project; 

12 ‘‘(2) limit the right of any unit of State or local 

13 government to approve or regulate any rate of re14 turn on private equity invested in the project; or 

15 ‘‘(3) otherwise supersede any State or local law 

16 (including any regulation) applicable to the construc17 tion or operation of the project. 

18 ‘‘SEC. 999G. REGULATIONS. 

19 ‘‘The Secretary may promulgate such regulations as 

20 the Secretary determines to be appropriate to carry out 

21 the CIFIA program. 

22 ‘‘SEC. 999H. AUTHORIZATION OF APPROPRIATIONS; CON23 TRACT AUTHORITY. 

24 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) IN GENERAL.—There are authorized to be 

2 appropriated to the Secretary to carry out this sub3 title— 

4 ‘‘(A) $600,000,000 for each of fiscal years 

5 2022 and 2023; and 

6 ‘‘(B) $300,000,000 for each of fiscal years 

7 2024 through 2026. 

8 ‘‘(2) SPENDING AND BORROWING AUTHOR9 ITY.—Spending and borrowing authority for a fiscal 

10 year to enter into Federal credit instruments shall 

11 be promptly apportioned to the Secretary on a fiscal12 year basis. 

13 ‘‘(3) REESTIMATES.—If the subsidy amount of 

14 a Federal credit instrument is reestimated, the cost 

15 increase or decrease of the reestimate shall be borne 

16 by, or benefit, the general fund of the Treasury, con17 sistent with section 504(f) of the Congressional 

18 Budget Act of 1974 (2 U.S.C. 661c(f)). 

19 ‘‘(4) ADMINISTRATIVE COSTS.—Of the amounts 

20 made available to carry out the CIFIA program, the 

21 Secretary may use not more than $9,000,000 (as in22 dexed for United States dollar inflation from the 

23 date of enactment of the Energy Infrastructure Act 

24 (as measured by the Consumer Price Index)) each 


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1 fiscal year for the administration of the CIFIA pro2 gram. 

3 ‘‘(b) CONTRACT AUTHORITY.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding any other 

5 provision of law, execution of a term sheet by the 

6 Secretary of a Federal credit instrument that uses 

7 amounts made available under the CIFIA program 

8 shall impose on the United States a contractual obli9 gation to fund the Federal credit investment. 

10 ‘‘(2) AVAILABILITY.—Amounts made available 

11 to carry out the CIFIA program for a fiscal year 

12 shall be available for obligation on October 1 of the 

13 fiscal year.’’. 

14 (b) TECHNICAL AMENDMENTS.—The table of con15 tents for the Energy Policy Act of 2005 (Public Law 109– 

16 58; 119 Stat. 600) is amended— 

17 (1) in the item relating to section 917, by strik18 ing ‘‘Efficiency’’; 

19 (2) by striking the items relating to subtitle J 

20 of title IX (relating to ultra-deepwater and uncon21 ventional natural gas and other petroleum resources) 

22 and inserting the following: 

‘‘Subtitle J—Carbon Dioxide Transportation Infrastructure Finance and 

Innovation 

‘‘Sec. 999A. Definitions. 

‘‘Sec. 999B. Determination of eligibility and project selection. 

‘‘Sec. 999C. Secured loans. 

‘‘Sec. 999D. Future growth grants. 

‘‘Sec. 999E. Program administration. 


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‘‘Sec. 999F. State and local permits. 

‘‘Sec. 999G. Regulations. 

‘‘Sec. 999H. Authorization of appropriations; contract authority.’’; and 

1 (3) by striking the item relating to section 

2 969B and inserting the following: 

‘‘Sec. 969B. High efficiency turbines.’’. 

3 SEC. 3005. CARBON STORAGE VALIDATION AND TESTING. 

4 Section 963 of the Energy Policy Act of 2005 (42 

5 U.S.C. 16293) is amended— 

6 (1) in subsection (a)(1)(B), by striking ‘‘over a 

7 10-year period’’; 

8 (2) in subsection (b)— 

9 (A) in paragraph (1), by striking ‘‘and 

10 demonstration’’ and inserting ‘‘demonstration, 

11 and commercialization’’; and 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (G), by striking 

14 ‘‘and’’ at the end; 

15 (ii) in subparagraph (H), by striking 

16 the period at the end and inserting ‘‘; 

17 and’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(I) evaluating the quantity, lo21 cation, and timing of geologic carbon 

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1 ed, and developing strategies and re2 sources to enable the deployment.’’; 

3 (3) by redesignating subsections (e) through (g) 

4 as subsections (f) through (h), respectively; 

5 (4) by inserting after subsection (d) the fol6 lowing: 

7 ‘‘(e) LARGE-SCALE CARBON STORAGE COMMER8 CIALIZATION PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish a commercialization program under which the 

11 Secretary shall provide funding for the development 

12 of new or expanded commercial large-scale carbon 

13 sequestration projects and associated carbon dioxide 

14 transport infrastructure, including funding for the 

15 feasibility, site characterization, permitting, and con16 struction stages of project development. 

17 ‘‘(2) APPLICATIONS; SELECTION.— 

18 ‘‘(A) IN GENERAL.—To be eligible to enter 

19 into an agreement with the Secretary for fund20 ing under paragraph (1), an entity shall submit 

21 to the Secretary an application at such time, in 

22 such manner, and containing such information 

23 as the Secretary determines to be appropriate. 


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1 ‘‘(B) APPLICATION PROCESS.—The Sec2 retary shall establish an application process 

3 that, to the maximum extent practicable— 

4 ‘‘(i) is open to projects at any stage of 

5 development described in paragraph (1); 

6 and 

7 ‘‘(ii) facilitates expeditious develop8 ment of projects described in that para9 graph. 

10 ‘‘(C) PROJECT SELECTION.—In selecting 

11 projects for funding under paragraph (1), the 

12 Secretary shall give priority to— 

13 ‘‘(i) projects with substantial carbon 

14 dioxide storage capacity; or 

15 ‘‘(ii) projects that will store carbon di16 oxide from multiple carbon capture facili17 ties.’’; 

18 (5) in subsection (f) (as so redesignated), in 

19 paragraph (1), by inserting ‘‘with respect to the re20 search, development, demonstration program compo21 nents described in subsections (b) through (d)’’ be22 fore ‘‘give preference’’; and 

23 (6) by striking subsection (h) (as so redesig24 nated) and inserting the following: 


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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to the Secretary to carry 

3 out this section $2,500,000,000 for the period of fiscal 

4 years 2022 through 2026.’’. 

5 SEC. 3006. SECURE GEOLOGIC STORAGE PERMITTING. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Environ9 mental Protection Agency. 

10 (2) CLASS VI WELL.—The term ‘‘Class VI well’’ 

11 means a well described in section 144.6(f) of title 

12 40, Code of Federal Regulations (or successor regu13 lations). 

14 (b) AUTHORIZATION OF APPROPRIATIONS FOR GEO15 LOGIC SEQUESTRATION PERMITTING.—There is author16 ized to be appropriated to the Administrator for the per17 mitting of Class VI wells by the Administrator for the in18 jection of carbon dioxide for the purpose of geologic se19 questration in accordance with the requirements of the 

20 Safe Drinking Water Act (42 U.S.C. 300f et seq.) and 

21 the final rule of the Administrator entitled ‘‘Federal Re22 quirements Under the Underground Injection Control 

23 (UIC) Program for Carbon Dioxide (CO2) Geologic Se24 questration (GS) Wells’’ (75 Fed. Reg. 77230 (December 


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1 10, 2010)), $5,000,000 for each of fiscal years 2022 

2 through 2026. 

3 (c) STATE PERMITTING PROGRAM GRANTS.— 

4 (1) ESTABLISHMENT.—The Administrator shall 

5 award grants to States that, pursuant to section 

6 1422 of the Safe Drinking Water Act (42 U.S.C. 

7 300h–1), receive the approval of the Administrator 

8 for a State underground injection control program 

9 for permitting Class VI wells for the injection of car10 bon dioxide. 

11 (2) USE OF FUNDS.—A State that receives a 

12 grant under paragraph (1) shall use the amounts re13 ceived under the grant to defray the expenses of the 

14 State related to the establishment and operation of 

15 a State underground injection control program de16 scribed in paragraph (1). 

17 (3) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to the Ad19 ministrator to carry out this subsection $50,000,000 

20 for the period of fiscal years 2022 through 2026. 

21 SEC. 3007. GEOLOGIC CARBON SEQUESTRATION ON THE 

22 OUTER CONTINENTAL SHELF. 

23 (a) DEFINITIONS.—Section 2 of the Outer Conti24 nental Shelf Lands Act (43 U.S.C. 1331) is amended— 


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1 (1) in the matter preceding subsection (a), by 

2 striking ‘‘When used in this Act—’’ and inserting 

3 ‘‘In this Act:’’; 

4 (2) in each subsection, by inserting a subsection 

5 heading, the text of which is comprised of the term 

6 defined in the subsection; 

7 (3) by striking the semicolon at the end of each 

8 subsection (other than subsection (q)) and ‘‘; and’’ 

9 at the end of subsection (p) and inserting a period; 

10 and 

11 (4) by adding at the end the following: 

12 ‘‘(r) CARBON DIOXIDE STREAM.— 

13 ‘‘(1) IN GENERAL.—The term ‘carbon dioxide 

14 stream’ means carbon dioxide that— 

15 ‘‘(A) has been captured; and 

16 ‘‘(B) consists overwhelmingly of— 

17 ‘‘(i) carbon dioxide plus incidental as18 sociated substances derived from the 

19 source material or capture process; and 

20 ‘‘(ii) any substances added to the 

21 stream for the purpose of enabling or im22 proving the injection process. 

23 ‘‘(2) EXCLUSIONS.—The term ‘carbon dioxide 

24 stream’ does not include additional waste or other 


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1 matter added to the carbon dioxide stream for the 

2 purpose of disposal. 

3 ‘‘(s) CARBON SEQUESTRATION.—The term ‘carbon 

4 sequestration’ means the act of storing carbon dioxide that 

5 has been removed from the atmosphere or captured 

6 through physical, chemical, or biological processes that 

7 can prevent the carbon dioxide from reaching the atmos8 phere.’’. 

9 (b) LEASES, EASEMENTS, OR RIGHTS-OF-WAY FOR

10 ENERGY AND RELATED PURPOSES.—Section 8(p)(1) of 

11 the Outer Continental Shelf Lands Act (43 U.S.C. 

12 1337(p)(1)) is amended— 

13 (1) in subparagraph (C), by striking ‘‘or’’ after 

14 the semicolon; 

15 (2) in subparagraph (D), by striking the period 

16 at the end and inserting ‘‘; or’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(E) provide for, support, or are directly 

19 related to the injection of a carbon dioxide 

20 stream into sub-seabed geologic formations for 

21 the purpose of long-term carbon sequestra22 tion.’’. 

23 (c) CLARIFICATION.—A carbon dioxide stream in24 jected for the purpose of carbon sequestration under sub25 paragraph (E) of section 8(p)(1) of the Outer Continental 


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1 Shelf Lands Act (43 U.S.C. 1337(p)(1)) shall not be con2 sidered to be material (as defined in section 3 of the Ma3 rine Protection, Research, and Sanctuaries Act of 1972 

4 (33 U.S.C. 1402)) for purposes of that Act (33 U.S.C. 

5 1401 et seq.). 

6 (d) REGULATIONS.—Not later than 1 year after the 

7 date of enactment of this Act, the Secretary of the Interior 

8 shall promulgate regulations to carry out the amendments 

9 made by this section. 

10 SEC. 3008. CARBON REMOVAL. 

11 (a) IN GENERAL.—Section 969D of the Energy Pol12 icy Act of 2005 (42 U.S.C. 16298d) is amended— 

13 (1) by redesignating subsection (j) as sub14 section (k); and 

15 (2) by inserting after subsection (i) the fol16 lowing: 

17 ‘‘(j) REGIONAL DIRECT AIR CAPTURE HUBS.— 

18 ‘‘(1) DEFINITIONS.—In this subsection: 

19 ‘‘(A) ELIGIBLE PROJECT.—The term ‘eligi20 ble project’ means a direct air capture project 

21 or a component project of a regional direct air 

22 capture hub. 

23 ‘‘(B) REGIONAL DIRECT AIR CAPTURE

24 HUB.—The term ‘regional direct air capture 

25 hub’ means a network of direct air capture 


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1 projects, potential carbon dioxide utilization off2 takers, connective carbon dioxide transport in3 frastructure, subsurface resources, and seques4 tration infrastructure located within a region. 

5 ‘‘(2) ESTABLISHMENT OF PROGRAM.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 establish a program under which the Secretary 

8 shall provide funding for eligible projects that 

9 contribute to the development of 4 regional di10 rect air capture hubs described in subparagraph 

11 (B). 

12 ‘‘(B) REGIONAL DIRECT AIR CAPTURE

13 HUBS.—Each of the 4 regional direct air cap14 ture hubs developed under the program under 

15 subparagraph (A) shall be a regional direct air 

16 capture hub that— 

17 ‘‘(i) facilitates the deployment of di18 rect air capture projects; 

19 ‘‘(ii) has the capacity to capture and 

20 sequester, utilize, or sequester and utilize 

21 at least 1,000,000 metric tons of carbon 

22 dioxide from the atmosphere annually from 

23 a single unit or multiple interconnected 

24 units; 


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1 ‘‘(iii) demonstrates the capture, proc2 essing, delivery, and sequestration or end3 use of captured carbon; and 

4 ‘‘(iv) could be developed into a re5 gional or interregional carbon network to 

6 facilitate sequestration or carbon utiliza7 tion. 

8 ‘‘(3) SELECTION OF PROJECTS.— 

9 ‘‘(A) SOLICITATION OF PROPOSALS.— 

10 ‘‘(i) IN GENERAL.—Not later than 

11 180 days after the date of enactment of 

12 the Energy Infrastructure Act, the Sec13 retary shall solicit applications for funding 

14 for eligible projects. 

15 ‘‘(ii) ADDITIONAL SOLICITATIONS.— 

16 The Secretary shall solicit applications for 

17 funding for eligible projects on a recurring 

18 basis after the first round of applications 

19 is received under clause (i) until all 

20 amounts appropriated to carry out this 

21 subsection are expended. 

22 ‘‘(B) SELECTION OF PROJECTS FOR THE

23 DEVELOPMENT OF REGIONAL DIRECT AIR CAP24 TURE HUBS.—Not later than 3 years after the 

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1 posals under subparagraph (A)(i), the Secretary 

2 shall select eligible projects described in para3 graph (2)(A). 

4 ‘‘(C) CRITERIA.—The Secretary shall se5 lect eligible projects under subparagraph (B) 

6 using the following criteria: 

7 ‘‘(i) CARBON INTENSITY OF LOCAL IN8 DUSTRY.—To the maximum extent prac9 ticable, each eligible project shall be lo10 cated in a region with— 

11 ‘‘(I) existing carbon-intensive fuel 

12 production or industrial capacity; or 

13 ‘‘(II) carbon-intensive fuel pro14 duction or industrial capacity that has 

15 retired or closed in the preceding 10 

16 years. 

17 ‘‘(ii) GEOGRAPHIC DIVERSITY.—To 

18 the maximum extent practicable, eligible 

19 projects shall contribute to the develop20 ment of regional direct air capture hubs lo21 cated in different regions of the United 

22 States. 

23 ‘‘(iii) CARBON POTENTIAL.—To the 

24 maximum extent practicable, eligible 

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1 ment of regional direct air capture hubs lo2 cated in regions with high potential for 

3 carbon sequestration or utilization. 

4 ‘‘(iv) HUBS IN FOSSIL-PRODUCING RE5 GIONS.—To the maximum extent prac6 ticable, eligible projects shall contribute to 

7 the development of at least 2 regional di8 rect air capture hubs located in economi9 cally distressed communities in the regions 

10 of the United States with high levels of 

11 coal, oil, or natural gas resources. 

12 ‘‘(v) SCALABILITY.—The Secretary 

13 shall give priority to eligible projects that, 

14 as compared to other eligible projects, will 

15 contribute to the development of regional 

16 direct air capture hubs with larger initial 

17 capacity, greater potential for expansion, 

18 and lower levelized cost per ton of carbon 

19 dioxide removed from the atmosphere. 

20 ‘‘(vi) EMPLOYMENT.—The Secretary 

21 shall give priority to eligible projects that 

22 are likely to create opportunities for skilled 

23 training and long-term employment to the 

24 greatest number of residents of the region. 


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1 ‘‘(vii) ADDITIONAL CRITERIA.—The 

2 Secretary may take into consideration 

3 other criteria that, in the judgment of the 

4 Secretary, are necessary or appropriate to 

5 carry out this subsection. 

6 ‘‘(D) COORDINATION.—To the maximum 

7 extent practicable, in carrying out the program 

8 under this subsection, the Secretary shall take 

9 into account and coordinate with activities of 

10 the carbon capture technology program estab11 lished under section 962(b)(1), the carbon stor12 age validation and testing program established 

13 under section 963(b)(1), and the CIFIA pro14 gram established under section 999B(a) such 

15 that funding from each of the programs is le16 veraged to contribute toward the development 

17 of integrated regional and interregional carbon 

18 capture, removal, transport, sequestration, and 

19 utilization networks. 

20 ‘‘(E) FUNDING OF ELIGIBLE PROJECTS.— 

21 The Secretary may make grants to, or enter 

22 into cooperative agreements or contracts with, 

23 each eligible project selected under subpara24 graph (B) to accelerate commercialization of, 

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1 port, sequestration, and utilization of, carbon 

2 dioxide captured from the atmosphere. 

3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to the Sec5 retary to carry out this subsection $3,500,000,000 

6 for the period of fiscal years 2022 through 2026, to 

7 remain available until expended.’’. 

8 Subtitle B—Hydrogen Research 

9 and Development 

10 SEC. 3101. FINDINGS; PURPOSE. 

11 (a) FINDINGS.—Congress finds that— 

12 (1) hydrogen plays a critical part in the com13 prehensive energy portfolio of the United States; 

14 (2) the use of the hydrogen resources of the 

15 United States— 

16 (A) promotes energy security and resil17 ience; and 

18 (B) provides economic value and environ19 mental benefits for diverse applications across 

20 multiple sectors of the economy; and 

21 (3) hydrogen can be produced from a variety of 

22 domestically available clean energy sources, includ23 ing— 

24 (A) renewable energy resources, including 

25 biomass; 


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1 (B) fossil fuels with carbon capture, utili2 zation, and storage; and 

3 (C) nuclear power. 

4 (b) PURPOSE.—The purpose of this subtitle is to ac5 celerate research, development, demonstration, and de6 ployment of hydrogen from clean energy sources by— 

7 (1) providing a statutory definition for the term 

8 ‘‘clean hydrogen’’; 

9 (2) establishing a clean hydrogen strategy and 

10 roadmap for the United States; 

11 (3) establishing a clearing house for clean hy12 drogen program information at the National Energy 

13 Technology Laboratory; 

14 (4) developing a robust clean hydrogen supply 

15 chain and workforce by prioritizing clean hydrogen 

16 demonstration projects in major shale gas regions; 

17 (5) establishing regional clean hydrogen hubs; 

18 and 

19 (6) authorizing appropriations to carry out the 

20 Department of Energy Hydrogen Program Plan, 

21 dated November 2020, developed pursuant to title 

22 VIII of the Energy Policy Act of 2005 (42 U.S.C. 

23 16151 et seq.). 


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1 SEC. 3102. DEFINITIONS. 

2 Section 803 of the Energy Policy Act of 2005 (42 

3 U.S.C. 16152) is amended— 

4 (1) in paragraph (5), by striking the paragraph 

5 designation and heading and all that follows through 

6 ‘‘when’’ in the matter preceding subparagraph (A) 

7 and inserting the following: 

8 ‘‘(5) PORTABLE; STORAGE.—The terms ‘port9 able’ and ‘storage’, when’’; 

10 (2) by redesignating paragraphs (1) through 

11 (7) as paragraphs (2) through (8), respectively; and 

12 (3) by inserting before paragraph (2) (as so re13 designated) the following: 

14 ‘‘(1) CLEAN HYDROGEN; HYDROGEN.—The 

15 terms ‘clean hydrogen’ and ‘hydrogen’ mean hydro16 gen produced in compliance with the greenhouse gas 

17 emissions standard established under section 822(a), 

18 including production from any fuel source.’’. 

19 SEC. 3103. CLEAN HYDROGEN RESEARCH AND DEVELOP20 MENT PROGRAM. 

21 (a) IN GENERAL.—Section 805 of the Energy Policy 

22 Act of 2005 (42 U.S. 16154) is amended— 

23 (1) in the section heading, by striking ‘‘PRO24 GRAMS’’ and inserting ‘‘CLEAN HYDROGEN RE25 SEARCH AND DEVELOPMENT PROGRAM’’; 

26 (2) in subsection (a)— 


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1 (A) by striking ‘‘research and development 

2 program’’ and inserting ‘‘crosscutting research 

3 and development program (referred to in this 

4 section as the ‘program’)’’; and 

5 (B) by inserting ‘‘processing,’’ after ‘‘pro6 duction,’’; 

7 (3) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) GOALS.—The goals of the program shall be— 

10 ‘‘(1) to advance research and development to 

11 demonstrate and commercialize the use of clean hy12 drogen in the transportation, utility, industrial, com13 mercial, and residential sectors; and 

14 ‘‘(2) to demonstrate a standard of clean hydro15 gen production in the transportation, utility, indus16 trial, commercial, and residential sectors by 2040.’’; 

17 (4) in subsection (c)(3), by striking ‘‘renewable 

18 fuels and biofuels’’ and inserting ‘‘fossil fuels with 

19 carbon capture, utilization, and sequestration, re20 newable fuels, biofuels, and nuclear energy’’; 

21 (5) by striking subsection (e) and inserting the 

22 following: 

23 ‘‘(e) ACTIVITIES.—In carrying out the program, the 

24 Secretary, in partnership with the private sector, shall 

25 conduct activities to advance and support— 


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1 ‘‘(1) the establishment of a series of technology 

2 cost goals oriented toward achieving the standard of 

3 clean hydrogen production developed under section 

4 822(a); 

5 ‘‘(2) the production of clean hydrogen from di6 verse energy sources, including— 

7 ‘‘(A) fossil fuels with carbon capture, utili8 zation, and sequestration; 

9 ‘‘(B) hydrogen-carrier fuels (including eth10 anol and methanol); 

11 ‘‘(C) renewable energy resources, including 

12 biomass; 

13 ‘‘(D) nuclear energy; and 

14 ‘‘(E) any other methods the Secretary de15 termines to be appropriate; 

16 ‘‘(3) the use of clean hydrogen for commercial, 

17 industrial, and residential electric power generation; 

18 ‘‘(4) the use of clean hydrogen in industrial ap19 plications, including steelmaking, cement, chemical 

20 feedstocks, and process heat; 

21 ‘‘(5) the use of clean hydrogen for use as a fuel 

22 source for both residential and commercial comfort 

23 heating and hot water requirements; 

24 ‘‘(6) the safe and efficient delivery of hydrogen 

25 or hydrogen-carrier fuels, including— 


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1 ‘‘(A) transmission by pipelines, including 

2 retrofitting the existing natural gas transpor3 tation infrastructure system to enable a transi4 tion to transport and deliver increasing levels of 

5 clean hydrogen, clean hydrogen blends, or clean 

6 hydrogen carriers; 

7 ‘‘(B) tanks and other distribution methods; 

8 and 

9 ‘‘(C) convenient and economic refueling of 

10 vehicles, locomotives, maritime vessels, or 

11 planes— 

12 ‘‘(i) at central refueling stations; or 

13 ‘‘(ii) through distributed onsite gen14 eration; 

15 ‘‘(7) advanced vehicle, locomotive, maritime ves16 sel, or plane technologies, including— 

17 ‘‘(A) engine and emission control systems; 

18 ‘‘(B) energy storage, electric propulsion, 

19 and hybrid systems; 

20 ‘‘(C) automotive, locomotive, maritime ves21 sel, or plane materials; and 

22 ‘‘(D) other advanced vehicle, locomotive, 

23 maritime vessel, or plane technologies; 

24 ‘‘(8) storage of hydrogen or hydrogen-carrier 

25 fuels, including the development of materials for safe 


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1 and economic storage in gaseous, liquid, or solid 

2 form; 

3 ‘‘(9) the development of safe, durable, afford4 able, and efficient fuel cells, including fuel-flexible 

5 fuel cell power systems, improved manufacturing 

6 processes, high-temperature membranes, cost-effec7 tive fuel processing for natural gas, fuel cell stack 

8 and system reliability, low-temperature operation, 

9 and cold start capability; 

10 ‘‘(10) the ability of domestic clean hydrogen 

11 equipment manufacturers to manufacture commer12 cially available competitive technologies in the 

13 United States; 

14 ‘‘(11) the use of clean hydrogen in the trans15 portation sector, including in light-, medium-, and 

16 heavy-duty vehicles, rail transport, aviation, and 

17 maritime applications; and 

18 ‘‘(12) in coordination with relevant agencies, 

19 the development of appropriate, uniform codes and 

20 standards for the safe and consistent deployment 

21 and commercialization of clean hydrogen production, 

22 processing, delivery, and end-use technologies.’’; and 

23 (6) by adding at the end the following: 

24 ‘‘(j) TARGETS.—Not later than 180 days after the 

25 date of enactment of the Energy Infrastructure Act, the 


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1 Secretary shall establish targets for the program to ad2 dress near-term (up to 2 years), mid-term (up to 7 years), 

3 and long-term (up to 15 years) challenges to the advance4 ment of clean hydrogen systems and technologies.’’. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for the Energy Policy Act of 2005 (Public Law 109– 

7 58; 119 Stat. 599) is amended by striking the item relat8 ing to section 805 and inserting the following: 

‘‘Sec. 805. Clean hydrogen research and development program.’’. 

9 SEC. 3104. ADDITIONAL CLEAN HYDROGEN PROGRAMS. 

10 Title VIII of the Energy Policy Act of 2005 (42 

11 U.S.C. 16151 et seq.) is amended— 

12 (1) by redesignating sections 813 through 816 

13 as sections 818 through 821, respectively; and 

14 (2) by inserting after section 812 the following: 

15 ‘‘SEC. 813. REGIONAL CLEAN HYDROGEN HUBS. 

16 ‘‘(a) DEFINITION OF REGIONAL CLEAN HYDROGEN

17 HUB.—In this section, the term ‘regional clean hydrogen 

18 hub’ means a network of clean hydrogen producers, poten19 tial clean hydrogen consumers, and connective infrastruc20 ture located in close proximity. 

21 ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Secretary 

22 shall establish a program to support the development of 

23 at least 4 regional clean hydrogen hubs that— 


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1 ‘‘(1) demonstrably aid the achievement of the 

2 clean hydrogen production standard developed under 

3 section 822(a); 

4 ‘‘(2) demonstrate the production, processing, 

5 delivery, storage, and end-use of clean hydrogen; and 

6 ‘‘(3) can be developed into a national clean hy7 drogen network to facilitate a clean hydrogen econ8 omy. 

9 ‘‘(c) SELECTION OF REGIONAL CLEAN HYDROGEN

10 HUBS.— 

11 ‘‘(1) SOLICITATION OF PROPOSALS.—Not later 

12 than 180 days after the date of enactment of the 

13 Energy Infrastructure Act, the Secretary shall solicit 

14 proposals for regional clean hydrogen hubs. 

15 ‘‘(2) SELECTION OF HUBS.—Not later than 1 

16 year after the deadline for the submission of pro17 posals under paragraph (1), the Secretary shall se18 lect at least 4 regional clean hydrogen hubs to be de19 veloped under subsection (b). 

20 ‘‘(3) CRITERIA.—The Secretary shall select re21 gional clean hydrogen hubs under paragraph (2) 

22 using the following criteria: 

23 ‘‘(A) FEEDSTOCK DIVERSITY.—To the 

24 maximum extent practicable— 


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1 ‘‘(i) at least 1 regional clean hydrogen 

2 hub shall demonstrate the production of 

3 clean hydrogen from fossil fuels; 

4 ‘‘(ii) at least 1 regional clean hydro5 gen hub shall demonstrate the production 

6 of clean hydrogen from renewable energy; 

7 and 

8 ‘‘(iii) at least 1 regional clean hydro9 gen hub shall demonstrate the production 

10 of clean hydrogen from nuclear energy. 

11 ‘‘(B) END-USE DIVERSITY.—To the max12 imum extent practicable— 

13 ‘‘(i) at least 1 regional clean hydrogen 

14 hub shall demonstrate the end-use of clean 

15 hydrogen in the electric power generation 

16 sector; 

17 ‘‘(ii) at least 1 regional clean hydro18 gen hub shall demonstrate the end-use of 

19 clean hydrogen in the industrial sector; 

20 ‘‘(iii) at least 1 regional clean hydro21 gen hub shall demonstrate the end-use of 

22 clean hydrogen in the residential and com23 mercial heating sector; and 

24 ‘‘(iv) at least 1 regional clean hydro25 gen hub shall demonstrate the end-use of 


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1 clean hydrogen in the transportation sec2 tor. 

3 ‘‘(C) GEOGRAPHIC DIVERSITY.—To the 

4 maximum extent practicable, each regional 

5 clean hydrogen hub— 

6 ‘‘(i) shall be located in a different re7 gion of the United States; and 

8 ‘‘(ii) shall use energy resources that 

9 are abundant in that region. 

10 ‘‘(D) HUBS IN NATURAL GAS-PRODUCING

11 REGIONS.—To the maximum extent practicable, 

12 at least 2 regional clean hydrogen hubs shall be 

13 located in the regions of the United States with 

14 the greatest natural gas resources. 

15 ‘‘(E) EMPLOYMENT.—The Secretary shall 

16 give priority to regional clean hydrogen hubs 

17 that are likely to create opportunities for skilled 

18 training and long-term employment to the 

19 greatest number of residents of the region. 

20 ‘‘(F) ADDITIONAL CRITERIA.—The Sec21 retary may take into consideration other cri22 teria that, in the judgment of the Secretary, are 

23 necessary or appropriate to carry out this title 

24 ‘‘(4) FUNDING OF REGIONAL CLEAN HYDROGEN

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1 gional clean hydrogen hub selected under paragraph 

2 (2) to accelerate commercialization of, and dem3 onstrate the production, processing, delivery, stor4 age, and end-use of, clean hydrogen. 

5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to the Secretary to carry 

7 out this section $8,000,000,000 for the period of fiscal 

8 years 2022 through 2026. 

9 ‘‘SEC. 814. NATIONAL CLEAN HYDROGEN STRATEGY AND 

10 ROADMAP. 

11 ‘‘(a) DEVELOPMENT.— 

12 ‘‘(1) IN GENERAL.—In carrying out the pro13 grams established under sections 805 and 813, the 

14 Secretary, in consultation with the heads of relevant 

15 offices of the Department, shall develop a techno16 logically and economically feasible national strategy 

17 and roadmap to facilitate widescale production, proc18 essing, delivery, storage, and use of clean hydrogen. 

19 ‘‘(2) INCLUSIONS.—The national clean hydro20 gen strategy and roadmap developed under para21 graph (1) shall focus on— 

22 ‘‘(A) establishing a standard of hydrogen 

23 production that achieves the standard developed 

24 under section 822(a), including interim goals 

25 towards meeting that standard; 


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1 ‘‘(B)(i) clean hydrogen production and use 

2 from natural gas, coal, renewable energy 

3 sources, nuclear energy, and biomass; and 

4 ‘‘(ii) identifying potential barriers, path5 ways, and opportunities, including Federal pol6 icy needs, to transition to a clean hydrogen 

7 economy; 

8 ‘‘(C) identifying— 

9 ‘‘(i) economic opportunities for the 

10 production, processing, transport, storage, 

11 and use of clean hydrogen that exist in the 

12 major shale natural gas-producing regions 

13 of the United States; 

14 ‘‘(ii) economic opportunities for the 

15 production, processing, transport, storage, 

16 and use of clean hydrogen that exist for 

17 merchant nuclear power plants operating 

18 in deregulated markets; and 

19 ‘‘(iii) environmental risks associated 

20 with potential deployment of clean hydro21 gen technologies in those regions, and ways 

22 to mitigate those risks; 

23 ‘‘(D) approaches, including substrategies, 

24 that reflect geographic diversity across the 

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1 sources, industry sectors, environmental bene2 fits, and economic impacts in regional econo3 mies; 

4 ‘‘(E) identifying opportunities to use, and 

5 barriers to using, existing infrastructure, in6 cluding all components of the natural gas infra7 structure system, the carbon dioxide pipeline in8 frastructure system, end-use local distribution 

9 networks, end-use power generators, LNG ter10 minals, industrial users of natural gas, and res11 idential and commercial consumers of natural 

12 gas, for clean hydrogen deployment; 

13 ‘‘(F) identifying the needs for and barriers 

14 and pathways to developing clean hydrogen 

15 hubs (including, where appropriate, clean hy16 drogen hubs coupled with carbon capture, utili17 zation, and storage hubs) that— 

18 ‘‘(i) are regionally dispersed across 

19 the United States and can leverage natural 

20 gas to the maximum extent practicable; 

21 ‘‘(ii) can demonstrate the efficient 

22 production, processing, delivery, and use of 

23 clean hydrogen; 

24 ‘‘(iii) include transportation corridors 

25 and modes of transportation, including 


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1 transportation of clean hydrogen by pipe2 line and rail and through ports; and 

3 ‘‘(iv) where appropriate, could serve 

4 as joint clean hydrogen and carbon cap5 ture, utilization, and storage hubs; 

6 ‘‘(G) prioritizing activities that improve the 

7 ability of the Department to develop tools to 

8 model, analyze, and optimize single-input, mul9 tiple-output integrated hybrid energy systems 

10 and multiple-input, multiple-output integrated 

11 hybrid energy systems that maximize efficiency 

12 in providing hydrogen, high-value heat, elec13 tricity, and chemical synthesis services; 

14 ‘‘(H) identifying the appropriate points of 

15 interaction between and among Federal agen16 cies involved in the production, processing, de17 livery, storage, and use of clean hydrogen and 

18 clarifying the responsibilities of those Federal 

19 agencies, and potential regulatory obstacles and 

20 recommendations for modifications, in order to 

21 support the deployment of clean hydrogen; and 

22 ‘‘(I) identifying geographic zones or re23 gions in which clean hydrogen technologies 

24 could efficiently and economically be introduced 

25 in order to transition existing infrastructure to 


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1 rely on clean hydrogen, in support of 

2 decarbonizing all relevant sectors of the econ3 omy. 

4 ‘‘(b) REPORTS TO CONGRESS.— 

5 ‘‘(1) IN GENERAL.—Not later than 180 days 

6 after the date of enactment of the Energy Infra7 structure Act, the Secretary shall submit to Con8 gress the clean hydrogen strategy and roadmap de9 veloped under subsection (a). 

10 ‘‘(2) UPDATES.—The Secretary shall submit to 

11 Congress updates to the clean hydrogen strategy and 

12 roadmap under paragraph (1) not less frequently 

13 than once every 3 years after the date on which the 

14 Secretary initially submits the report and roadmap. 

15 ‘‘SEC. 815. CLEAN HYDROGEN MANUFACTURING AND RECY16 CLING. 

17 ‘‘(a) CLEAN HYDROGEN MANUFACTURING INITIA18 TIVE.— 

19 ‘‘(1) IN GENERAL.—In carrying out the pro20 grams established under sections 805 and 813, the 

21 Secretary shall award multiyear grants to, and enter 

22 into contracts, cooperative agreements, or any other 

23 agreements authorized under this Act or other Fed24 eral law with, eligible entities (as determined by the 

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1 onstration projects to advance new clean hydrogen 

2 production, processing, delivery, storage, and use 

3 equipment manufacturing technologies and tech4 niques. 

5 ‘‘(2) PRIORITY.—In awarding grants or enter6 ing into contracts, cooperative agreements, or other 

7 agreements under paragraph (1), the Secretary, to 

8 the maximum extent practicable, shall give priority 

9 to clean hydrogen equipment manufacturing projects 

10 that— 

11 ‘‘(A) increase efficiency and cost-effective12 ness in— 

13 ‘‘(i) the manufacturing process; and 

14 ‘‘(ii) the use of resources, including 

15 existing energy infrastructure; 

16 ‘‘(B) support domestic supply chains for 

17 materials and components; 

18 ‘‘(C) identify and incorporate nonhaz19 ardous alternative materials for components 

20 and devices; 

21 ‘‘(D) operate in partnership with tribal en22 ergy development organizations, Indian Tribes, 

23 Tribal organizations, Native Hawaiian commu24 nity-based organizations, or territories or freely 

25 associated States; or 


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1 ‘‘(E) are located in economically distressed 

2 areas of the major natural gas-producing re3 gions of the United States. 

4 ‘‘(3) EVALUATION.—Not later than 3 years 

5 after the date of enactment of the Energy Infra6 structure Act, and not less frequently than once 

7 every 4 years thereafter, the Secretary shall conduct, 

8 and make available to the public and the relevant 

9 committees of Congress, an independent review of 

10 the progress of the projects carried out through 

11 grants awarded, or contracts, cooperative agree12 ments, or other agreements entered into, under 

13 paragraph (1). 

14 ‘‘(b) CLEAN HYDROGEN TECHNOLOGY RECYCLING

15 RESEARCH, DEVELOPMENT, AND DEMONSTRATION PRO16 GRAM.— 

17 ‘‘(1) IN GENERAL.—In carrying out the pro18 grams established under sections 805 and 813, the 

19 Secretary shall award multiyear grants to, and enter 

20 into contracts, cooperative agreements, or any other 

21 agreements authorized under this Act or other Fed22 eral law with, eligible entities for research, develop23 ment, and demonstration projects to create innova24 tive and practical approaches to increase the reuse 


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1 and recycling of clean hydrogen technologies, includ2 ing by— 

3 ‘‘(A) increasing the efficiency and cost-ef4 fectiveness of the recovery of raw materials 

5 from clean hydrogen technology components 

6 and systems, including enabling technologies 

7 such as electrolyzers and fuel cells; 

8 ‘‘(B) minimizing environmental impacts 

9 from the recovery and disposal processes; 

10 ‘‘(C) addressing any barriers to the re11 search, development, demonstration, and com12 mercialization of technologies and processes for 

13 the disassembly and recycling of devices used 

14 for clean hydrogen production, processing, de15 livery, storage, and use; 

16 ‘‘(D) developing alternative materials, de17 signs, manufacturing processes, and other as18 pects of clean hydrogen technologies; 

19 ‘‘(E) developing alternative disassembly 

20 and resource recovery processes that enable effi21 cient, cost-effective, and environmentally re22 sponsible disassembly of, and resource recovery 

23 from, clean hydrogen technologies; and 


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1 ‘‘(F) developing strategies to increase con2 sumer acceptance of, and participation in, the 

3 recycling of fuel cells. 

4 ‘‘(2) DISSEMINATION OF RESULTS.—The Sec5 retary shall make available to the public and the rel6 evant committees of Congress the results of the 

7 projects carried out through grants awarded, or con8 tracts, cooperative agreements, or other agreements 

9 entered into, under paragraph (1), including any 

10 educational and outreach materials developed by the 

11 projects. 

12 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to the Secretary to carry 

14 out this section $500,000,000 for the period of fiscal years 

15 2022 through 2026. 

16 ‘‘SEC. 816. CLEAN HYDROGEN ELECTROLYSIS PROGRAM. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) ELECTROLYSIS.—The term ‘electrolysis’ 

19 means a process that uses electricity to split water 

20 into hydrogen and oxygen. 

21 ‘‘(2) ELECTROLYZER.—The term ‘electrolyzer’ 

22 means a system that produces hydrogen using elec23 trolysis. 

24 ‘‘(3) PROGRAM.—The term ‘program’ means 

25 the program established under subsection (b). 


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1 ‘‘(b) ESTABLISHMENT.—Not later than 90 days after 

2 the date of enactment of the Energy Infrastructure Act, 

3 the Secretary shall establish a research, development, 

4 demonstration, commercialization, and deployment pro5 gram for purposes of commercialization to improve the ef6 ficiency, increase the durability, and reduce the cost of 

7 producing clean hydrogen using electrolyzers. 

8 ‘‘(c) GOALS.—The goals of the program are— 

9 ‘‘(1) to reduce the cost of hydrogen produced 

10 using electrolyzers to less than $2 per kilogram of 

11 hydrogen by 2026; and 

12 ‘‘(2) any other goals the Secretary determines 

13 are appropriate. 

14 ‘‘(d) DEMONSTRATION PROJECTS.—In carrying out 

15 the program, the Secretary shall fund demonstration 

16 projects— 

17 ‘‘(1) to demonstrate technologies that produce 

18 clean hydrogen using electrolyzers; and 

19 ‘‘(2) to validate information on the cost, effi20 ciency, durability, and feasibility of commercial de21 ployment of the technologies described in paragraph 

22 (1). 

23 ‘‘(e) FOCUS.—The program shall focus on research 

24 relating to, and the development, demonstration, and de25 ployment of— 


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1 ‘‘(1) low-temperature electrolyzers, including 

2 liquid-alkaline electrolyzers, membrane-based 

3 electrolyzers, and other advanced electrolyzers, capa4 ble of converting intermittent sources of electric 

5 power to clean hydrogen with enhanced efficiency 

6 and durability; 

7 ‘‘(2) high-temperature electrolyzers that com8 bine electricity and heat to improve the efficiency of 

9 clean hydrogen production; 

10 ‘‘(3) advanced reversible fuel cells that combine 

11 the functionality of an electrolyzer and a fuel cell; 

12 ‘‘(4) new highly active, selective, and durable 

13 electrolyzer catalysts and electro-catalysts that— 

14 ‘‘(A) greatly reduce or eliminate the need 

15 for platinum group metals; and 

16 ‘‘(B) enable electrolysis of complex mix17 tures with impurities, including seawater; 

18 ‘‘(5) modular electrolyzers for distributed en19 ergy systems and the bulk-power system (as defined 

20 in section 215(a) of the Federal Power Act (16 

21 U.S.C. 824o(a))); 

22 ‘‘(6) low-cost membranes or electrolytes and 

23 separation materials that are durable in the presence 

24 of impurities or seawater; 


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1 ‘‘(7) improved component design and material 

2 integration, including with respect to electrodes, po3 rous transport layers and bipolar plates, and bal4 ance-of-system components, to allow for scale-up and 

5 domestic manufacturing of electrolyzers at a high 

6 volume; 

7 ‘‘(8) clean hydrogen storage technologies; 

8 ‘‘(9) technologies that integrate hydrogen pro9 duction with— 

10 ‘‘(A) clean hydrogen compression and dry11 ing technologies; 

12 ‘‘(B) clean hydrogen storage; and 

13 ‘‘(C) transportation or stationary systems; 

14 and 

15 ‘‘(10) integrated systems that combine hydro16 gen production with renewable power or nuclear 

17 power generation technologies, including hybrid sys18 tems with hydrogen storage. 

19 ‘‘(f) GRANTS, CONTRACTS, COOPERATIVE AGREE20 MENTS.— 

21 ‘‘(1) GRANTS.—In carrying out the program, 

22 the Secretary shall award grants, on a competitive 

23 basis, to eligible entities for projects that the Sec24 retary determines would provide the greatest 


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1 progress toward achieving the goal of the program 

2 described in subsection (c). 

3 ‘‘(2) CONTRACTS AND COOPERATIVE AGREE4 MENTS.—In carrying out the program, the Secretary 

5 may enter into contracts and cooperative agreements 

6 with eligible entities and Federal agencies for 

7 projects that the Secretary determines would further 

8 the purpose of the program described in subsection 

9 (b). 

10 ‘‘(3) ELIGIBILITY; APPLICATIONS.— 

11 ‘‘(A) IN GENERAL.—The eligibility of an 

12 entity to receive a grant under paragraph (1), 

13 to enter into a contract or cooperative agree14 ment under paragraph (2), or to receive fund15 ing for a demonstration project under sub16 section (d) shall be determined by the Sec17 retary. 

18 ‘‘(B) APPLICATIONS.—An eligible entity 

19 desiring to receive a grant under paragraph (1), 

20 to enter into a contract or cooperative agree21 ment under paragraph (2), or to receive fund22 ing for a demonstration project under sub23 section (d) shall submit to the Secretary an ap24 plication at such time, in such manner, and 


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1 containing such information as the Secretary 

2 may require. 

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to the Secretary to carry 

5 out the program $1,000,000,000 for the period of fiscal 

6 years 2022 through 2026, to remain available until ex7 pended. 

8 ‘‘SEC. 817. LABORATORY MANAGEMENT. 

9 ‘‘(a) IN GENERAL.—The National Energy Tech10 nology Laboratory, the Idaho National Laboratory, and 

11 the National Renewable Energy Laboratory shall continue 

12 to work in a crosscutting manner to carry out the pro13 grams established under sections 813 and 815. 

14 ‘‘(b) COORDINATION; CLEARINGHOUSE.—In carrying 

15 out subsection (a), the National Energy Technology Lab16 oratory shall— 

17 ‘‘(1) coordinate with— 

18 ‘‘(A) the Idaho National Laboratory, the 

19 National Renewable Energy Laboratory, and 

20 other National Laboratories in a cross-cutting 

21 manner; 

22 ‘‘(B) institutions of higher education; 

23 ‘‘(C) research institutes; 

24 ‘‘(D) industrial researchers; and 

25 ‘‘(E) international researchers; and 


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1 ‘‘(2) act as a clearinghouse to collect informa2 tion from, and distribute information to, the Na3 tional Laboratories and other entities described in 

4 subparagraphs (B) through (E) of paragraph (1).’’. 

5 SEC. 3105. CLEAN HYDROGEN PRODUCTION QUALIFICA6 TIONS. 

7 (a) IN GENERAL.—The Energy Policy Act of 2005 

8 (42 U.S.C. 16151 et seq.) (as amended by section 

9 3104(1)) is amended by adding at the end the following: 

10 ‘‘SEC. 822. CLEAN HYDROGEN PRODUCTION QUALIFICA11 TIONS. 

12 ‘‘(a) IN GENERAL.—Not later than 180 days after 

13 the date of enactment of the Energy Infrastructure Act, 

14 the Secretary, in consultation with the Administrator of 

15 the Environmental Protection Agency and after taking 

16 into account input from industry and other stakeholders, 

17 as determined by the Secretary, shall develop an initial 

18 standard for the carbon intensity of clean hydrogen pro19 duction that shall apply to activities carried out under this 

20 title. 

21 ‘‘(b) REQUIREMENTS.— 

22 ‘‘(1) IN GENERAL.—The standard developed 

23 under subsection (a) shall— 

24 ‘‘(A) support clean hydrogen production 

25 from each source described in section 805(e)(2); 


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1 ‘‘(B) define the term ‘clean hydrogen’ to 

2 mean hydrogen produced with a carbon inten3 sity equal to or less than 2 kilograms of carbon 

4 dioxide-equivalent produced at the site of pro5 duction per kilogram of hydrogen produced; and 

6 ‘‘(C) take into consideration technological 

7 and economic feasibility. 

8 ‘‘(2) ADJUSTMENT.—Not later than the date 

9 that is 5 years after the date on which the Secretary 

10 develops the standard under subsection (a), the Sec11 retary, in consultation with the Administrator of the 

12 Environmental Protection Agency and after taking 

13 into account input from industry and other stake14 holders, as determined by the Secretary, shall— 

15 ‘‘(A) determine whether the definition of 

16 clean hydrogen required under paragraph 

17 (1)(B) should be adjusted below the standard 

18 described in that paragraph; and 

19 ‘‘(B) if the Secretary determines the ad20 justment described in subparagraph (A) is ap21 propriate, carry out the adjustment. 

22 ‘‘(c) APPLICATION.—The standard developed under 

23 subsection (a) shall apply to clean hydrogen production 

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1 tion, and sequestration technologies, nuclear, and other 

2 fuel sources using any applicable production technology.’’. 

3 (b) CONFORMING AMENDMENT.—The table of con4 tents for the Energy Policy Act of 2005 (Public Law 109– 

5 58; 119 Stat. 599) is amended by striking the items relat6 ing to sections 813 through 816 and inserting the fol7 lowing: 

‘‘Sec. 813. Regional clean hydrogen hubs. 

‘‘Sec. 814. National clean hydrogen strategy and roadmap. 

‘‘Sec. 815. Clean hydrogen manufacturing and recycling. 

‘‘Sec. 816. Clean hydrogen electrolysis program. 

‘‘Sec. 817. Laboratory management. 

‘‘Sec. 818. Technology transfer 

‘‘Sec. 819. Miscellaneous provisions. 

‘‘Sec. 820. Cost sharing. 

‘‘Sec. 821. Savings clause. 

‘‘Sec. 822. Clean hydrogen production qualifications.’’. 

8 Subtitle C—Nuclear Energy 

9 Infrastructure 

10 SEC. 3201. INFRASTRUCTURE PLANNING FOR MICRO AND 

11 SMALL MODULAR NUCLEAR REACTORS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) ADVANCED NUCLEAR REACTOR.— The term 

14 ‘‘advanced nuclear reactor’’ has the meaning given 

15 the term in section 951(b) of the Energy Policy Act 

16 of 2005 (42 U.S.C. 16271(b)). 

17 (2) ISOLATED COMMUNITY.—The term ‘‘iso18 lated community’’ has the meaning given the term in 

19 section 8011(a) of the Energy Act of 2020 (42 

20 U.S.C. 17392(a)). 


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1 (3) MICRO-REACTOR.—The term ‘‘micro-reac2 tor’’ means an advanced nuclear reactor that has an 

3 electric power production capacity that is not greater 

4 than 50 megawatts. 

5 (4) NATIONAL LABORATORY.—The term ‘‘Na6 tional Laboratory’’ has the meaning given the term 

7 in section 2 of the Energy Policy Act of 2005 (42 

8 U.S.C. 15801). 

9 (5) SMALL MODULAR REACTOR.—The term 

10 ‘‘small modular reactor’’ means an advanced nuclear 

11 reactor— 

12 (A) with a rated capacity of less than 300 

13 electrical megawatts; and 

14 (B) that can be constructed and operated 

15 in combination with similar reactors at a single 

16 site. 

17 (b) REPORT.—Not later than 180 days after the date 

18 of enactment of this Act, the Secretary shall submit to 

19 the Committee on Energy and Natural Resources of the 

20 Senate and the Committees on Energy and Commerce and 

21 Science, Space, and Technology of the House of Rep22 resentatives a report that describes how the Department 

23 could enhance energy resilience and reduce carbon emis24 sions with the use of micro-reactors and small modular 

25 reactors. 


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1 (c) ELEMENTS.—The report required by subsection 

2 (b) shall address the following: 

3 (1) An evaluation by the Department of current 

4 resilience and carbon reduction requirements for en5 ergy for facilities of the Department to determine 

6 whether changes are needed to address— 

7 (A) the need to provide uninterrupted 

8 power to facilities of the Department for at 

9 least 3 days during power grid failures; 

10 (B) the need for protection against cyber 

11 threats and electromagnetic pulses; and 

12 (C) resilience to extreme natural events, 

13 including earthquakes, volcanic activity, tor14 nados, hurricanes, floods, tsunamis, lahars, 

15 landslides, seiches, a large quantity of snowfall, 

16 and very low or high temperatures. 

17 (2) A strategy of the Department for using nu18 clear energy to meet resilience and carbon reduction 

19 goals of facilities of the Department. 

20 (3) A strategy to partner with private industry 

21 to develop and deploy micro-reactors and small mod22 ular reactors to remote communities in order to re23 place diesel generation and other fossil fuels. 

24 (4) An assessment by the Department of the 

25 value associated with enhancing the resilience of a 


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1 facility of the Department by transitioning to power 

2 from micro-reactors and small modular reactors and 

3 to co-located nuclear facilities with the capability to 

4 provide dedicated power to the facility of the De5 partment during a grid outage or failure. 

6 (5) The plans of the Department— 

7 (A) for deploying a micro-reactor and a 

8 small modular reactor to produce energy for use 

9 by a facility of the Department in the United 

10 States by 2026; 

11 (B) for deploying a small modular reactor 

12 to produce energy for use by a facility of the 

13 Department in the United States by 2029; and 

14 (C) to include micro-reactors and small 

15 modular reactors in the planning for meeting 

16 future facility energy needs. 

17 (d) FINANCIAL AND TECHNICAL ASSISTANCE FOR

18 SITING MICRO-REACTORS, SMALL MODULAR REACTORS, 

19 AND ADVANCED NUCLEAR REACTORS.— 

20 (1) IN GENERAL.—The Secretary shall offer fi21 nancial and technical assistance to entities to con22 duct feasibility studies for the purpose of identifying 

23 suitable locations for the deployment of micro-reac24 tors, small modular reactors, and advanced nuclear 

25 reactors in isolated communities. 


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1 (2) REQUIREMENT.—Prior to providing finan2 cial and technical assistance under paragraph (1), 

3 the Secretary shall conduct robust community en4 gagement and outreach for the purpose of identi5 fying levels of interest in isolated communities. 

6 (3) LIMITATION.—The Secretary shall not dis7 burse more than 50 percent of the amounts available 

8 for financial assistance under this subsection to the 

9 National Laboratories. 

10 SEC. 3202. PROPERTY INTERESTS RELATING TO CERTAIN 

11 PROJECTS AND PROTECTION OF INFORMA12 TION RELATING TO CERTAIN AGREEMENTS. 

13 (a) PROPERTY INTERESTS RELATING TO FEDER14 ALLY FUNDED ADVANCED NUCLEAR REACTOR

15 PROJECTS.— 

16 (1) DEFINITIONS.—In this section: 

17 (A) ADVANCED NUCLEAR REACTOR.—The 

18 term ‘‘advanced nuclear reactor’’ has the mean19 ing given the term in section 951(b) of the En20 ergy Policy Act of 2005 (42 U.S.C. 16271(b)). 

21 (B) PROPERTY INTEREST.— 

22 (i) IN GENERAL.—Except as provided 

23 in clause (ii), the term ‘‘property interest’’ 

24 means any interest in real property or per25 sonal property (as those terms are defined 


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1 in section 200.1 of title 2, Code of Federal 

2 Regulations (as in effect on the date of en3 actment of this Act)). 

4 (ii) EXCLUSION.—The term ‘‘property 

5 interest’’ does not include any interest in 

6 intellectual property developed using fund7 ing provided under a project described in 

8 paragraph (3). 

9 (2) ASSIGNMENT OF PROPERTY INTERESTS.— 

10 The Secretary may assign to any entity, including 

11 the United States, fee title or any other property in12 terest acquired by the Secretary under an agreement 

13 entered into with respect to a project described in 

14 paragraph (3). 

15 (3) PROJECT DESCRIBED.—A project referred 

16 to in paragraph (2) is— 

17 (A) a project for which funding is provided 

18 pursuant to the funding opportunity announce19 ment of the Department numbered DE–FOA– 

20 0002271, including any project for which fund21 ing has been provided pursuant to that an22 nouncement as of the date of enactment of this 

23 Act; 

24 (B) any other project for which funding is 

25 provided using amounts made available for the 


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1 Advanced Reactor Demonstration Program of 

2 the Department under the heading ‘‘Nuclear 

3 Energy’’ under the heading ‘‘ENERGY PRO4 GRAMS’’ in title III of division C of the Fur5 ther Consolidated Appropriations Act, 2020 

6 (Public Law 116–94; 133 Stat. 2670); 

7 (C) any other project for which Federal 

8 funding is provided under the Advanced Reac9 tor Demonstration Program of the Department; 

10 or 

11 (D) a project— 

12 (i) relating to advanced nuclear reac13 tors; and 

14 (ii) for which Federal funding is pro15 vided under a program focused on develop16 ment and demonstration. 

17 (4) RETROACTIVE VESTING.—The vesting of fee 

18 title or any other property interest assigned under 

19 paragraph (2) shall be retroactive to the date on 

20 which the applicable project first received Federal 

21 funding as described in any of subparagraphs (A) 

22 through (D) of paragraph (3). 

23 (b) CONSIDERATIONS IN COOPERATIVE RESEARCH

24 AND DEVELOPMENT AGREEMENTS.— 


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1 (1) IN GENERAL.—Section 12(c)(7)(B) of the 

2 Stevenson-Wydler Technology Innovation Act of 

3 1980 (15 U.S.C. 3710a(c)(7)(B)) is amended— 

4 (A) by inserting ‘‘(i)’’ after ‘‘(B)’’; 

5 (B) in clause (i), as so designated, by 

6 striking ‘‘The director’’ and inserting ‘‘Subject 

7 to clause (ii), the director’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(II) The agency may authorize 

10 the director to provide appropriate 

11 protections against dissemination de12 scribed in clause (i) for a total period 

13 of not more than 30 years if the agen14 cy determines that the nature of the 

15 information protected against dissemi16 nation, including nuclear technology, 

17 could reasonably require an extended 

18 period of that protection to reach 

19 commercialization.’’. 

20 (2) APPLICABILITY.— 

21 (A) DEFINITION.—In this subsection, the 

22 term ‘‘cooperative research and development 

23 agreement’’ has the meaning given the term in 

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1 nology Innovation Act of 1980 (15 U.S.C. 

2 3710a(d)). 

3 (B) RETROACTIVE EFFECT.—Clause (ii) of 

4 section 12(c)(7)(B) of the Stevenson-Wydler 

5 Technology Innovation Act of 1980 (15 U.S.C. 

6 3710a(c)(7)(B)), as added by subsection (a) of 

7 this section, shall apply with respect to any co8 operative research and development agreement 

9 that is in effect as of the day before the date 

10 of enactment of this Act. 

11 (c) DEPARTMENT OF ENERGY CONTRACTS.—Section 

12 646(g)(5) of the Department of Energy Organization Act 

13 (42 U.S.C. 7256(g)(5)) is amended— 

14 (1) by striking ‘‘(5) The Secretary’’ and insert15 ing the following: 

16 ‘‘(5) PROTECTION FROM DISCLOSURE.— 

17 ‘‘(A) IN GENERAL.—The Secretary’’; and 

18 (2) in subparagraph (A) (as so designated)— 

19 (A) by striking ‘‘, for up to 5 years after 

20 the date on which the information is devel21 oped,’’; and 

22 (B) by striking ‘‘agency.’’ and inserting 

23 the following: ‘‘agency— 

24 ‘‘(i) for up to 5 years after the date 

25 on which the information is developed; or 


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1 ‘‘(ii) for up to 30 years after the date 

2 on which the information is developed, if 

3 the Secretary determines that the nature 

4 of the technology under the transaction, in5 cluding nuclear technology, could reason6 ably require an extended period of protec7 tion from disclosure to reach commer8 cialization. 

9 ‘‘(B) EXTENSION DURING TERM.—The 

10 Secretary may extend the period of protection 

11 from disclosure during the term of any trans12 action described in subparagraph (A) in accord13 ance with that subparagraph.’’. 

14 SEC. 3203. CIVIL NUCLEAR CREDIT PROGRAM. 

15 (a) DEFINITIONS.—In this section: 

16 (1) CERTIFIED NUCLEAR REACTOR.—The term 

17 ‘‘certified nuclear reactor’’ means a nuclear reactor 

18 that— 

19 (A) competes in a competitive electricity 

20 market; and 

21 (B) is certified under subsection 

22 (c)(2)(A)(i) to submit a sealed bid in accord23 ance with subsection (d). 


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1 (2) CREDIT.—The term ‘‘credit’’ means a credit 

2 allocated to a certified nuclear reactor under sub3 section (e)(2). 

4 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

5 shall establish a civil nuclear credit program— 

6 (1) to evaluate nuclear reactors that are pro7 jected to cease operations due to economic factors; 

8 and 

9 (2) to allocate credits to certified nuclear reac10 tors that are selected under paragraph (1)(B) of 

11 subsection (e) to receive credits under paragraph (2) 

12 of that subsection. 

13 (c) CERTIFICATION.— 

14 (1) APPLICATION.— 

15 (A) IN GENERAL.—In order to be certified 

16 under paragraph (2)(A)(i), the owner or oper17 ator of a nuclear reactor that is projected to 

18 cease operations due to economic factors shall 

19 submit to the Secretary an application at such 

20 time, in such manner, and containing such in21 formation as the Secretary determines to be ap22 propriate, including— 

23 (i) information on the operating costs 

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1 scribed in paragraph (2)(A)(ii)(I), includ2 ing— 

3 (I) the average projected annual 

4 operating loss in dollars per mega5 watt-hour, inclusive of the cost of 

6 operational and market risks, ex7 pected to be incurred by the nuclear 

8 reactor over the 4-year period for 

9 which credits would be allocated; 

10 (II) any private or publicly avail11 able data with respect to current or 

12 projected bulk power market prices; 

13 (III) out-of-market revenue 

14 streams; 

15 (IV) operations and maintenance 

16 costs; 

17 (V) capital costs, including fuel; 

18 and 

19 (VI) operational and market 

20 risks; 

21 (ii) an estimate of the potential incre22 mental air pollutants that would result if 

23 the nuclear reactor were to cease oper24 ations; 


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1 (iii) known information on the source 

2 of produced uranium and the location 

3 where the uranium is converted, enriched, 

4 and fabricated into fuel assemblies for the 

5 nuclear reactor for the 4-year period for 

6 which credits would be allocated; and 

7 (iv) a detailed plan to sustain oper8 ations at the conclusion of the applicable 

9 4-year period for which credits would be 

10 allocated— 

11 (I) without receiving additional 

12 credits; or 

13 (II) with the receipt of additional 

14 credits of a lower amount than the 

15 credits allocated during that 4-year 

16 credit period. 

17 (B) TIMELINE.—The Secretary shall ac18 cept applications described in subparagraph 

19 (A)— 

20 (i) until the date that is 120 days 

21 after the date of enactment of this Act; 

22 and 

23 (ii) not less frequently than every year 

24 thereafter. 

25 (C) PAYMENTS FROM STATE PROGRAMS.— 


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1 (i) IN GENERAL.—The owner or oper2 ator of a nuclear reactor that receives a 

3 payment from a State zero-emission credit, 

4 a State clean energy contract, or any other 

5 State program with respect to that nuclear 

6 reactor shall be eligible to submit an appli7 cation under subparagraph (A) with re8 spect to that nuclear reactor during any 

9 application period beginning after the 120- 

10 day period beginning on the date of enact11 ment of this Act. 

12 (ii) REQUIREMENT.—An application 

13 submitted by an owner or operator de14 scribed in clause (i) with respect to a nu15 clear reactor described in that clause shall 

16 include all projected payments from State 

17 programs in determining the average pro18 jected annual operating loss described in 

19 subparagraph (A)(i)(I), unless the credits 

20 allocated to the nuclear reactor pursuant 

21 to that application will be used to reduce 

22 those payments. 

23 (2) DETERMINATION TO CERTIFY.— 

24 (A) DETERMINATION.— 


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1 (i) IN GENERAL.—Not later than 60 

2 days after the applicable date under sub3 paragraph (B) of paragraph (1), the Sec4 retary shall determine whether to certify, 

5 in accordance with clauses (ii) and (iii), 

6 each nuclear reactor for which an applica7 tion is submitted under subparagraph (A) 

8 of that paragraph. 

9 (ii) MINIMUM REQUIREMENTS.—To 

10 the maximum extent practicable, the Sec11 retary shall only certify a nuclear reactor 

12 under clause (i) if— 

13 (I) after considering the informa14 tion submitted under paragraph 

15 (1)(A)(i), the Secretary determines 

16 that the nuclear reactor is projected 

17 to cease operations due to economic 

18 factors; 

19 (II) after considering the esti20 mate submitted under paragraph 

21 (1)(A)(ii), the Secretary determines 

22 that pollutants would increase if the 

23 nuclear reactor were to cease oper24 ations and be replaced with other 

25 types of power generation; and 


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1 (III) the Nuclear Regulatory 

2 Commission has reasonable assurance 

3 that the nuclear reactor— 

4 (aa) will continue to be oper5 ated in accordance with the cur6 rent licensing basis (as defined in 

7 section 54.3 of title 10, Code of 

8 Federal Regulations (or successor 

9 regulations) of the nuclear reac10 tor; and 

11 (bb) poses no significant 

12 safety hazards. 

13 (iii) PRIORITY.—In determining 

14 whether to certify a nuclear reactor under 

15 clause (i), the Secretary shall give priority 

16 to a nuclear reactor that uses, to the max17 imum extent available, uranium that is 

18 produced, converted, enriched, and fab19 ricated into fuel assemblies in the United 

20 States. 

21 (B) NOTICE.—For each application re22 ceived under paragraph (1)(A), the Secretary 

23 shall provide to the applicable owner or oper24 ator, as applicable— 


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1 (i) a notice of the certification of the 

2 applicable nuclear reactor; or 

3 (ii) a notice that describes the reasons 

4 why the certification of the applicable nu5 clear reactor was denied. 

6 (d) BIDDING PROCESS.— 

7 (1) IN GENERAL.—Subject to paragraph (2), 

8 the Secretary shall establish a deadline by which 

9 each certified nuclear reactor shall submit to the 

10 Secretary a sealed bid that— 

11 (A) describes the price per megawatt-hour 

12 of the credits desired by the certified nuclear 

13 reactor, which shall not exceed the average pro14 jected annual operating loss described in sub15 section (c)(1)(A)(i)(I); and 

16 (B) includes a commitment, subject to the 

17 receipt of credits, to provide a specific number 

18 of megawatt-hours of generation during the 4- 

19 year period for which credits would be allocated. 

20 (2) REQUIREMENT.—The deadline established 

21 under paragraph (1) shall be not later than 30 days 

22 after the first date on which the Secretary has made 

23 the determination described in paragraph (2)(A)(i) 

24 of subsection (c) with respect to each application 


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1 submitted under paragraph (1)(A) of that sub2 section. 

3 (e) ALLOCATION.— 

4 (1) AUCTION.—Notwithstanding section 169 of 

5 the Atomic Energy Act of 1954 (42 U.S.C. 2209), 

6 the Secretary shall— 

7 (A) in consultation with the heads of appli8 cable Federal agencies, establish a process for 

9 evaluating bids submitted under subsection 

10 (d)(1) through an auction process; and 

11 (B) select certified nuclear reactors to be 

12 allocated credits. 

13 (2) CREDITS.—Subject to subsection (f)(2), on 

14 selection under paragraph (1), a certified nuclear re15 actor shall be allocated credits for a 4-year period 

16 beginning on the date of the selection. 

17 (3) REQUIREMENT.—To the maximum extent 

18 practicable, the Secretary shall use the amounts 

19 made available for credits under this section to allo20 cate credits to as many certified nuclear reactors as 

21 possible. 

22 (f) RENEWAL.— 

23 (1) IN GENERAL.—The owner or operator of a 

24 certified nuclear reactor may seek to recertify the 

25 nuclear reactor in accordance with this section. 


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1 (2) LIMITATION.—Notwithstanding any other 

2 provision of this section, the Secretary may not allo3 cate any credits after September 30, 2031. 

4 (g) ADDITIONAL REQUIREMENTS.— 

5 (1) AUDIT.—During the 4-year period begin6 ning on the date on which a certified nuclear reactor 

7 first receives a credit, the Secretary shall periodically 

8 audit the certified nuclear reactor. 

9 (2) RECAPTURE.—The Secretary shall, by regu10 lation, provide for the recapture of the allocation of 

11 any credit to a certified nuclear reactor that, during 

12 the period described in paragraph (1)— 

13 (A) terminates operations; or 

14 (B) does not operate at an annual loss in 

15 the absence of an allocation of credits to the 

16 certified nuclear reactor. 

17 (3) CONFIDENTIALITY.—The Secretary shall es18 tablish procedures to ensure that any confidential, 

19 private, proprietary, or privileged information that is 

20 included in a sealed bid submitted under this section 

21 is not publicly disclosed or otherwise improperly 

22 used. 

23 (h) REPORT.—Not later than January 1, 2024, the 

24 Comptroller General of the United States shall submit to 


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1 Congress a report with respect to the credits allocated to 

2 certified nuclear reactors, which shall include— 

3 (1) an evaluation of the effectiveness of the 

4 credits in avoiding air pollutants while ensuring grid 

5 reliability; 

6 (2) a quantification of the ratepayer savings 

7 achieved under this section; and 

8 (3) any recommendations to renew or expand 

9 the credits. 

10 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to the Secretary to carry 

12 out this section $6,000,000,000 for the period of fiscal 

13 years 2022 through 2026. 

14 Subtitle D—Hydropower 

15 SEC. 3301. HYDROELECTRIC PRODUCTION INCENTIVES. 

16 Section 242 of the Energy Policy Act of 2005 (42 

17 U.S.C. 15881) is amended— 

18 (1) in subsection (b)(2), by striking ‘‘before the 

19 date of the enactment of this section’’ and inserting 

20 ‘‘before the date of enactment of the Energy Infra21 structure Act’’; 

22 (2) in the undesignated matter following sub23 section (b)(3), by striking ‘‘the date of the enact24 ment of this section’’ and inserting ‘‘the date of en25 actment of the Energy Infrastructure Act’’; 


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1 (3) in subsection (e)(1), in the second sentence, 

2 by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’; 

3 and 

4 (4) by striking subsection (g) and inserting the 

5 following: 

6 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to the Secretary to carry 

8 out this section $125,000,000 for fiscal year 2022, to re9 main available until expended.’’. 

10 SEC. 3302. HYDROELECTRIC EFFICIENCY IMPROVEMENT 

11 INCENTIVES. 

12 (a) IN GENERAL.—Section 243 of the Energy Policy 

13 Act of 2005 (42 U.S.C. 15882) is amended— 

14 (1) in the section heading, by inserting ‘‘incen15 tives’’ after ‘‘improvement’’; 

16 (2) in subsection (b)— 

17 (A) in the first sentence, by striking ‘‘10 

18 percent’’ and inserting ‘‘30 percent’’; 

19 (B) in the second sentence— 

20 (i) by striking ‘‘$750,000’’ and insert21 ing ‘‘$5,000,000’’; and 

22 (ii) by inserting ‘‘in any 1 fiscal year’’ 

23 before the period at the end; and 

24 (3) by striking subsection (c) and inserting the 

25 following: 


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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section 

3 $75,000,000 for fiscal year 2022 to remain available until 

4 expended.’’. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for the Energy Policy Act of 2005 (Public Law 109– 

7 58; 119 Stat. 595) is amended by striking the item relat8 ing to section 243 and inserting the following: 

‘‘243. Hydroelectric efficiency improvement incentives.’’. 

9 SEC. 3303. MAINTAINING AND ENHANCING 

10 HYDROELECTRICITY INCENTIVES. 

11 (a) IN GENERAL.—Subtitle C of title II of the Energy 

12 Policy Act of 2005 (Public Law 109–58; 119 Stat. 674) 

13 is amended by adding at the end the following: 

14 ‘‘SEC. 247. MAINTAINING AND ENHANCING 

15 HYDROELECTRICITY INCENTIVES. 

16 ‘‘(a) DEFINITION OF QUALIFIED HYDROELECTRIC

17 FACILITY.—In this section, the term ‘qualified hydro18 electric facility’ means a hydroelectric project that— 

19 ‘‘(1)(A) is licensed by the Federal Energy Reg20 ulatory Commission; or 

21 ‘‘(B) is a hydroelectric project constructed, op22 erated, or maintained pursuant to a permit or valid 

23 existing right-of-way granted prior to June 10, 

24 1920, or a license granted pursuant to the Federal 

25 Power Act (16 U.S.C. 791a et seq.); 


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1 ‘‘(2) is placed into service before the date of en2 actment of this section; and 

3 ‘‘(3)(A) is in compliance with all applicable 

4 Federal, Tribal, and State requirements; or 

5 ‘‘(B) would be brought into compliance with the 

6 requirements described in subparagraph (A) as a re7 sult of the capital improvements carried out using 

8 an incentive payment under this section. 

9 ‘‘(b) INCENTIVE PAYMENTS.—The Secretary shall 

10 make incentive payments to the owners or operators of 

11 qualified hydroelectric facilities for capital improvements 

12 directly related to— 

13 ‘‘(1) improving grid resiliency, including— 

14 ‘‘(A) adapting more quickly to changing 

15 grid conditions; 

16 ‘‘(B) providing ancillary services (including 

17 black start capabilities, voltage support, and 

18 spinning reserves); 

19 ‘‘(C) integrating other variable sources of 

20 electricity generation; and 

21 ‘‘(D) managing accumulated reservoir sedi22 ments; 

23 ‘‘(2) improving dam safety to ensure acceptable 

24 performance under all loading conditions (including 


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1 static, hydrologic, and seismic conditions), includ2 ing— 

3 ‘‘(A) the maintenance or upgrade of spill4 ways or other appurtenant structures; 

5 ‘‘(B) dam stability improvements, includ6 ing erosion repair and enhanced seepage con7 trols; and 

8 ‘‘(C) upgrades or replacements of flood9 gates or natural infrastructure restoration or 

10 protection to improve flood risk reduction; or 

11 ‘‘(3) environmental improvements, including— 

12 ‘‘(A) adding or improving safe and effec13 tive fish passage, including new or upgraded 

14 turbine technology, fish ladders, fishways, and 

15 all other associated technology, equipment, or 

16 other fish passage technology to a qualified hy17 droelectric facility; 

18 ‘‘(B) improving the quality of the water re19 tained or released by a qualified hydroelectric 

20 facility; 

21 ‘‘(C) promoting downstream sediment 

22 transport processes and habitat maintenance; 

23 and 

24 ‘‘(D) improving recreational access to the 

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1 gress and egress, flows to improve recreation, 

2 and infrastructure that improves river recre3 ation opportunity. 

4 ‘‘(c) LIMITATIONS.— 

5 ‘‘(1) COSTS.—Incentive payments under this 

6 section shall not exceed 30 percent of the costs of 

7 the applicable capital improvement. 

8 ‘‘(2) MAXIMUM AMOUNT.—Not more than 1 in9 centive payment may be made under this section 

10 with respect to capital improvements at a single 

11 qualified hydroelectric facility in any 1 fiscal year, 

12 the amount of which shall not exceed $5,000,000. 

13 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 is authorized to be appropriated to the Secretary to carry 

15 out this section $553,600,000 for fiscal year 2022, to re16 main available until expended.’’. 

17 (b) CONFORMING AMENDMENT.—The table of con18 tents for the Energy Policy Act of 2005 (Public Law 109– 

19 58; 119 Stat. 595) is amended by inserting after the item 

20 relating to section 246 the following: 

‘‘247. Maintaining and enhancing hydroelectricity incentives.’’. 

21 SEC. 3304. PUMPED STORAGE HYDROPOWER WIND AND 

22 SOLAR INTEGRATION AND SYSTEM RELI23 ABILITY INITIATIVE. 

24 Section 3201 of the Energy Policy Act of 2020 (42 

25 U.S.C. 17232) is amended— 


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1 (1) by redesignating subsections (e) through (g) 

2 as subsections (f) through (h), respectively; and 

3 (2) by inserting after subsection (d) the fol4 lowing: 

5 ‘‘(e) PUMPED STORAGE HYDROPOWER WIND AND

6 SOLAR INTEGRATION AND SYSTEM RELIABILITY INITIA7 TIVE.— 

8 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In 

9 this subsection, the term ‘eligible entity’ means— 

10 ‘‘(A)(i) an electric utility, including— 

11 ‘‘(I) a political subdivision of a State, 

12 such as a municipally owned electric util13 ity; or 

14 ‘‘(II) an instrumentality of a State 

15 composed of municipally owned electric 

16 utilities; 

17 ‘‘(ii) an electric cooperative; or 

18 ‘‘(iii) an investor-owned utility; 

19 ‘‘(B) an Indian Tribe or Tribal organiza20 tion; 

21 ‘‘(C) a State energy office; 

22 ‘‘(D) an institution of higher education; 

23 and 

24 ‘‘(E) a consortium of the entities described 

25 in subparagraphs (A) through (D). 


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1 ‘‘(2) DEMONSTRATION PROJECT.— 

2 ‘‘(A) IN GENERAL.—Not later than Sep3 tember 30, 2023, the Secretary shall, to the 

4 maximum extent practicable, enter into an 

5 agreement with an eligible entity to provide fi6 nancial assistance to the eligible entity to carry 

7 out project design, transmission studies, power 

8 market assessments, and permitting for a 

9 pumped storage hydropower project to facilitate 

10 the long-duration storage of intermittent renew11 able electricity. 

12 ‘‘(B) PROJECT REQUIREMENTS.—To be el13 igible for financial assistance under subpara14 graph (A), a project shall— 

15 ‘‘(i) be designed to provide not less 

16 than 1,000 megawatts of storage capacity; 

17 ‘‘(ii) be able to provide energy and ca18 pacity for use in more than 1 organized 

19 electricity market; 

20 ‘‘(iii) be able to store electricity gen21 erated by intermittent renewable electricity 

22 projects located on Tribal land; and 

23 ‘‘(iv) have received a preliminary per24 mit from the Federal Energy Regulatory 

25 Commission. 


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1 ‘‘(C) MATCHING REQUIREMENT.—An eligi2 ble entity receiving financial assistance under 

3 subparagraph (A) shall provide matching funds 

4 equal to or greater than the amount of financial 

5 assistance provided under that subparagraph. 

6 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated to carry out 

8 this subsection $2,000,000 for each of fiscal years 

9 2022 through 2026.’’. 

10 SEC. 3305. AUTHORITY FOR PUMPED STORAGE HYDRO11 POWER DEVELOPMENT USING MULTIPLE BU12 REAU OF RECLAMATION RESERVOIRS. 

13 Section 9(c) of the Reclamation Project Act of 1939 

14 (43 U.S.C. 485h(c)) is amended— 

15 (1) in paragraph (1), in the fourth sentence, by 

16 striking ‘‘, including small conduit hydropower devel17 opment’’ and inserting ‘‘and reserve to the Secretary 

18 the exclusive authority to develop small conduit hy19 dropower using Bureau of Reclamation facilities and 

20 pumped storage hydropower exclusively using Bu21 reau of Reclamation reservoirs’’; and 

22 (2) in paragraph (8), by striking ‘‘has been 

23 filed with the Federal Energy Regulatory Commis24 sion as of the date of the enactment of the Bureau 

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1 ment and Rural Jobs Act’’ and inserting ‘‘was filed 

2 with the Federal Energy Regulatory Commission be3 fore August 9, 2013, and is still pending’’. 

4 SEC. 3306. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES 

5 OF POWER PRIVILEGE. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COMMISSION.—The term ‘‘Commission’’ 

8 means the Federal Energy Regulatory Commission. 

9 (2) DIRECTOR.—The term ‘‘Director’’ means 

10 the Director of the Office of Hearings and Appeals. 

11 (3) OFFICE OF HEARINGS AND APPEALS.—The 

12 term ‘‘Office of Hearings and Appeals’’ means the 

13 Office of Hearings and Appeals of the Department 

14 of the Interior. 

15 (4) PARTY.—The term ‘‘party’’, with respect to 

16 a study plan agreement, means each of the following 

17 parties to the study plan agreement: 

18 (A) The proposed lessee. 

19 (B) The Tribes. 

20 (5) PROJECT.—The term ‘‘project’’ means a 

21 proposed pumped storage facility that— 

22 (A) would use multiple Bureau of Rec23 lamation reservoirs; and 

24 (B) as of June 1, 2017, was subject to a 

25 preliminary permit issued by the Commission 


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1 pursuant to section 4(f) of the Federal Power 

2 Act (16 U.S.C. 797(f)). 

3 (6) PROPOSED LESSEE.—The term ‘‘proposed 

4 lessee’’ means the proposed lessee of a project. 

5 (7) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 (8) STUDY PLAN.—The term ‘‘study plan’’ 

8 means the plan described in subsection (d)(1). 

9 (9) STUDY PLAN AGREEMENT.—The term 

10 ‘‘study plan agreement’’ means an agreement en11 tered into under subsection (b)(1) and described in 

12 subsection (c). 

13 (10) TRIBES.—The term ‘‘Tribes’’ means— 

14 (A) the Confederated Tribes of the Colville 

15 Reservation; and 

16 (B) the Spokane Tribe of Indians of the 

17 Spokane Reservation. 

18 (b) REQUIREMENT FOR ISSUANCE OF LEASES OF

19 POWER PRIVILEGE.—The Secretary shall not issue a lease 

20 of power privilege pursuant to section 9(c)(1) of the Rec21 lamation Project Act of 1939 (43 U.S.C. 485h(c)(1)) (as 

22 amended by section 3305) for a project unless— 

23 (1) the proposed lessee and the Tribes have en24 tered into a study plan agreement; or 


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1 (2) the Secretary or the Director, as applicable, 

2 makes a final determination for— 

3 (A) a study plan agreement under sub4 section (c)(2); or 

5 (B) a study plan under subsection (d). 

6 (c) STUDY PLAN AGREEMENT REQUIREMENTS.— 

7 (1) IN GENERAL.—A study plan agreement 

8 shall— 

9 (A) establish the deadlines for the pro10 posed lessee to formally respond in writing to 

11 comments and study requests about the project 

12 previously submitted to the Commission; 

13 (B) allow for the parties to submit addi14 tional comments and study requests if any as15 pect of the project, as proposed, differs from an 

16 aspect of the project, as described in a 

17 preapplication document provided to the Com18 mission; 

19 (C) except as expressly agreed to by the 

20 parties or as provided in paragraph (2) or sub21 section (d), require that the proposed lessee 

22 conduct each study described in— 

23 (i) a study request about the project 

24 previously submitted to the Commission; or 


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1 (ii) any additional study request sub2 mitted in accordance with the study plan 

3 agreement; 

4 (D) require that the proposed lessee study 

5 any potential adverse economic effects of the 

6 project on the Tribes, including effects on— 

7 (i) annual payments to the Confed8 erated Tribes of the Colville Reservation 

9 under section 5(b) of the Confederated 

10 Tribes of the Colville Reservation Grand 

11 Coulee Dam Settlement Act (Public Law 

12 103–436; 108 Stat. 4579); and 

13 (ii) annual payments to the Spokane 

14 Tribe of Indians of the Spokane Reserva15 tion authorized after the date of enactment 

16 of this Act, the amount of which derives 

17 from the annual payments described in 

18 clause (i); 

19 (E) establish a protocol for communication 

20 and consultation between the parties; 

21 (F) provide mechanisms for resolving dis22 putes between the parties regarding implemen23 tation and enforcement of the study plan agree24 ment; and 


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1 (G) contain other provisions determined to 

2 be appropriate by the parties. 

3 (2) DISPUTES.— 

4 (A) IN GENERAL.—If the parties cannot 

5 agree to the terms of a study plan agreement 

6 or implementation of those terms, the parties 

7 shall submit to the Director, for final deter8 mination on the terms or implementation of the 

9 study plan agreement, notice of the dispute, 

10 consistent with paragraph (1)(F), to the extent 

11 the parties have agreed to a study plan agree12 ment. 

13 (B) INCLUSION.—A dispute covered by 

14 subparagraph (A) may include the view of a 

15 proposed lessee that an additional study request 

16 submitted in accordance with paragraph (1)(B) 

17 is not reasonably calculated to assist the Sec18 retary in evaluating the potential impacts of the 

19 project. 

20 (C) TIMING.—The Director shall issue a 

21 determination regarding a dispute under sub22 paragraph (A) not later than 120 days after the 

23 date on which the Director receives notice of 

24 the dispute under that subparagraph. 

25 (d) STUDY PLAN.— 


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1 (1) IN GENERAL.—The proposed lessee shall 

2 submit to the Secretary for approval a study plan 

3 that details the proposed methodology for per4 forming each of the studies— 

5 (A) identified in the study plan agreement 

6 of the proposed lessee; or 

7 (B) determined by the Director in a final 

8 determination regarding a dispute under sub9 section (c)(2). 

10 (2) INITIAL DETERMINATION.—Not later than 

11 60 days after the date on which the Secretary re12 ceives the study plan under paragraph (1), the Sec13 retary shall make an initial determination that— 

14 (A) approves the study plan; 

15 (B) rejects the study plan on the grounds 

16 that the study plan— 

17 (i) lacks sufficient detail on a pro18 posed methodology for a study identified in 

19 the study plan agreement; or 

20 (ii) is inconsistent with the study plan 

21 agreement; or 

22 (C) imposes additional study plan require23 ments that the Secretary determines are nec24 essary to adequately define the potential effects 

25 of the project on— 


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1 (i) the exercise of the paramount 

2 hunting, fishing, and boating rights of the 

3 Tribes reserved pursuant to the Act of 

4 June 29, 1940 (54 Stat. 703, chapter 460; 

5 16 U.S.C. 835d et seq.); 

6 (ii) the annual payments described in 

7 clauses (i) and (ii) of subsection (c)(1)(D); 

8 (iii) the Columbia Basin project (as 

9 defined in section 1 of the Act of May 27, 

10 1937 (50 Stat. 208, chapter 269; 57 Stat. 

11 14, chapter 14; 16 U.S.C. 835)); 

12 (iv) historic properties and cultural or 

13 spiritually significant resources; and 

14 (v) the environment. 

15 (3) OBJECTIONS.— 

16 (A) IN GENERAL.—Not later than 30 days 

17 after the date on which the Secretary makes an 

18 initial determination under paragraph (2), the 

19 Tribes or the proposed lessee may submit to the 

20 Director an objection to the initial determina21 tion. 

22 (B) FINAL DETERMINATION.—Not later 

23 than 120 days after the date on which the Di24 rector receives an objection under subparagraph 

25 (A), the Director shall— 


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1 (i) hold a hearing on the record re2 garding the objection; and 

3 (ii) make a final determination that 

4 establishes the study plan, including a de5 scription of studies the proposed lessee is 

6 required to perform. 

7 (4) NO OBJECTIONS.—If no objections are sub8 mitted by the deadline described in paragraph 

9 (3)(A), the initial determination of the Secretary 

10 under paragraph (2) shall be final. 

11 (e) CONDITIONS OF LEASE.— 

12 (1) CONSISTENCY WITH RIGHTS OF TRIBES; 

13 PROTECTION, MITIGATION, AND ENHANCEMENT OF

14 FISH AND WILDLIFE.— 

15 (A) IN GENERAL.—Any lease of power 

16 privilege issued by the Secretary for a project 

17 under subsection (b) shall contain conditions— 

18 (i) to ensure that the project is con19 sistent with, and will not interfere with, 

20 the exercise of the paramount hunting, 

21 fishing, and boating rights of the Tribes 

22 reserved pursuant to the Act of June 29, 

23 1940 (54 Stat. 703, chapter 460; 16 

24 U.S.C. 835d et seq.); and 


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1 (ii) to adequately and equitably pro2 tect, mitigate damages to, and enhance 

3 fish and wildlife, including related spawn4 ing grounds and habitat, affected by the 

5 development, operation, and management 

6 of the project. 

7 (B) RECOMMENDATIONS OF THE

8 TRIBES.—The conditions required under sub9 paragraph (A) shall be based on joint rec10 ommendations of the Tribes. 

11 (C) RESOLVING INCONSISTENCIES.— 

12 (i) IN GENERAL.—If the Secretary de13 termines that any recommendation of the 

14 Tribes under subparagraph (B) is not rea15 sonably calculated to ensure the project is 

16 consistent with subparagraph (A) or is in17 consistent with the requirements of the 

18 Reclamation Project Act of 1939 (43 

19 U.S.C. 485 et seq.), the Secretary shall at20 tempt to resolve any such inconsistency 

21 with the Tribes, giving due weight to the 

22 recommendations and expertise of the 

23 Tribes. 

24 (ii) PUBLICATION OF FINDINGS.—If, 

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1 ency under clause (i), the Secretary does 

2 not adopt in whole or in part a rec3 ommendation of the Tribes under subpara4 graph (B), the Secretary shall issue each 

5 of the following findings, including a state6 ment of the basis for each of the findings: 

7 (I) A finding that adoption of the 

8 recommendation is inconsistent with 

9 the requirements of the Reclamation 

10 Project Act of 1939 (43 U.S.C. 485 et 

11 seq.). 

12 (II) A finding that the conditions 

13 selected by the Secretary to be con14 tained in the lease of power privilege 

15 under subparagraph (A) comply with 

16 the requirements of clauses (i) and 

17 (ii) of that subparagraph. 

18 (2) ANNUAL CHARGES PAYABLE BY LI19 CENSEE.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), any lease of power privilege issued 

22 by the Secretary for a project under subsection 

23 (b) shall contain conditions that require the les24 see of the project to make direct payments to 

25 the Tribes through reasonable annual charges 


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1 in an amount that recompenses the Tribes for 

2 any adverse economic effect of the project iden3 tified in a study performed pursuant to the 

4 study plan agreement for the project. 

5 (B) AGREEMENT.— 

6 (i) IN GENERAL.—The amount of the 

7 annual charges described in subparagraph 

8 (A) shall be established through agreement 

9 between the proposed lessee and the 

10 Tribes. 

11 (ii) CONDITION.—The agreement 

12 under clause (i), including any modifica13 tion of the agreement, shall be deemed to 

14 be a condition to the lease of power privi15 lege issued by the Secretary for a project 

16 under subsection (b). 

17 (C) DISPUTE RESOLUTION.— 

18 (i) IN GENERAL.—If the proposed les19 see and the Tribes cannot agree to the 

20 terms of an agreement under subpara21 graph (B)(i), the proposed lessee and the 

22 Tribes shall submit notice of the dispute to 

23 the Director. 

24 (ii) RESOLUTION.—The Director shall 

25 resolve the dispute described in clause (i) 


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1 not later than 180 days after the date on 

2 which the Director receives notice of the 

3 dispute under that clause. 

4 (3) ADDITIONAL CONDITIONS.—The Secretary 

5 may include in any lease of power privilege issued by 

6 the Secretary for a project under subsection (b) 

7 other conditions determined appropriate by the Sec8 retary, on the condition that the conditions shall be 

9 consistent with the Reclamation Project Act of 1939 

10 (43 U.S.C. 485 et seq.). 

11 (4) CONSULTATION.—In establishing conditions 

12 under this subsection, the Secretary shall consult 

13 with the Tribes. 

14 (f) DEADLINES.—The Secretary or any officer of the 

15 Office of Hearing and Appeals before whom a proceeding 

16 is pending under this section may extend any deadline or 

17 enlarge any timeframe described in this section— 

18 (1) at the discretion of the Secretary or the of19 ficer; or 

20 (2) on a showing of good cause by any party. 

21 (g) JUDICIAL REVIEW.—Any final action of the Sec22 retary or the Director made pursuant to this section shall 

23 be subject to judicial review in accordance with chapter 

24 7 of title 5, United States Code. 


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1 (h) EFFECT ON OTHER PROJECTS.—Nothing in this 

2 section establishes any precedent or is binding on any Bu3 reau of Reclamation lease of power privilege, other than 

4 for a project. 

5 Subtitle E—Miscellaneous 

6 SEC. 3401. SOLAR ENERGY TECHNOLOGIES ON CURRENT 

7 AND FORMER MINE LAND. 

8 Section 3004 of the Energy Act of 2020 (42 U.S.C. 

9 16238) is amended— 

10 (1) in subsection (a)— 

11 (A) by redesignating paragraphs (6) 

12 through (15) as paragraphs (7) through (16), 

13 respectively; and 

14 (B) by inserting after paragraph (5) the 

15 following: 

16 ‘‘(6) MINE LAND.—The term ‘mine land’ 

17 means— 

18 ‘‘(A) land subject to titles IV and V of the 

19 Surface Mining Control and Reclamation Act of 

20 1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 

21 et seq.); and 

22 ‘‘(B) land that has been claimed or pat23 ented subject to sections 2319 through 2344 of 

24 the Revised Statutes (commonly known as the 


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1 ‘Mining Law of 1872’) (30 U.S.C. 22 et seq.).’’; 

2 and 

3 (2) in subsection (b)(6)(B)— 

4 (A) in the matter preceding clause (i), by 

5 inserting ‘‘, in consultation with the Secretary 

6 of the Interior and the Administrator of the 

7 Environmental Protection Agency for purposes 

8 of clause (iv),’’ after ‘‘the Secretary’’; 

9 (B) in clause (iii), by striking ‘‘and’’ after 

10 the semicolon; 

11 (C) by redesignating clause (iv) as clause 

12 (v); and 

13 (D) by inserting after clause (iii) the fol14 lowing: 

15 ‘‘(iv) a description of the technical 

16 and economic viability of siting solar en17 ergy technologies on current and former 

18 mine land, including necessary interconnec19 tion and transmission siting and the im20 pact on local job creation; and’’. 

21 SEC. 3402. CLEAN ENERGY DEMONSTRATION PROGRAM ON 

22 CURRENT AND FORMER MINE LAND. 

23 (a) DEFINITIONS.—In this section: 


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1 (1) CLEAN ENERGY PROJECT.—The term 

2 ‘‘clean energy project’’ means a project that dem3 onstrates 1 or more of the following technologies: 

4 (A) Solar. 

5 (B) Micro-grids. 

6 (C) Geothermal. 

7 (D) Direct air capture. 

8 (E) Fossil-fueled electricity generation with 

9 carbon capture, utilization, and sequestration. 

10 (F) Energy storage, including pumped 

11 storage hydropower and compressed air storage. 

12 (G) Advanced nuclear technologies. 

13 (2) ECONOMICALLY DISTRESSED AREA.—The 

14 term ‘‘economically distressed area’’ means an area 

15 described in section 301(a) of the Public Works and 

16 Economic Development Act of 1965 (42 U.S.C. 

17 3161(a)). 

18 (3) MINE LAND.—The term ‘‘mine land’’ 

19 means— 

20 (A) land subject to titles IV and V of the 

21 Surface Mining Control and Reclamation Act of 

22 1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 

23 et seq.); and 

24 (B) land that has been claimed or patented 

25 subject to sections 2319 through 2344 of the 


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1 Revised Statutes (commonly known as the 

2 ‘‘Mining Law of 1872’’) (30 U.S.C. 22 et seq.). 

3 (4) PROGRAM.—The term ‘‘program’’ means 

4 the demonstration program established under sub5 section (b). 

6 (b) ESTABLISHMENT.—The Secretary shall establish 

7 a program to demonstrate the technical and economic via8 bility of carrying out clean energy projects on current and 

9 former mine land. 

10 (c) SELECTION OF DEMONSTRATION PROJECTS.— 

11 (1) IN GENERAL.—In carrying out the program, 

12 the Secretary shall select not more than 5 clean en13 ergy projects, to be carried out in geographically di14 verse regions, at least 2 of which shall be solar 

15 projects. 

16 (2) ELIGIBILITY.—To be eligible to be selected 

17 for participation in the program under paragraph 

18 (1), a clean energy project shall demonstrate, as de19 termined by the Secretary, a technology on a current 

20 or former mine land site with a reasonable expecta21 tion of commercial viability. 

22 (3) PRIORITY.—In selecting clean energy 

23 projects for participation in the program under 

24 paragraph (1), the Secretary shall prioritize clean 

25 energy projects that will— 


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1 (A) be carried out in a location where the 

2 greatest number of jobs can be created from the 

3 successful demonstration of the clean energy 

4 project; 

5 (B) provide the greatest net impact in 

6 avoiding or reducing greenhouse gas emissions; 

7 (C) provide the greatest domestic job cre8 ation (both directly and indirectly) during the 

9 implementation of the clean energy project; 

10 (D) provide the greatest job creation and 

11 economic development in the vicinity of the 

12 clean energy project, particularly— 

13 (i) in economically distressed areas; 

14 and 

15 (ii) with respect to dislocated workers 

16 who were previously employed in manufac17 turing, coal power plants, or coal mining; 

18 (E) have the greatest potential for techno19 logical innovation and commercial deployment; 

20 (F) have the lowest levelized cost of gen21 erated or stored energy; 

22 (G) have the lowest rate of greenhouse gas 

23 emissions per unit of electricity generated or 

24 stored; and 


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1 (H) have the shortest project time from 

2 permitting to completion. 

3 (4) PROJECT SELECTION.—The Secretary shall 

4 solicit proposals for clean energy projects and select 

5 clean energy project finalists in consultation with the 

6 Secretary of the Interior, the Administrator of the 

7 Environmental Protection Agency, and the Secretary 

8 of Labor. 

9 (5) COMPATIBILITY WITH EXISTING OPER10 ATIONS.—Prior to selecting a clean energy project 

11 for participation in the program under paragraph 

12 (1), the Secretary shall consult with, as applicable, 

13 mining claimholders or operators or the relevant Of14 fice of Surface Mining Reclamation and Enforce15 ment Abandoned Mine Land program office to con16 firm— 

17 (A) that the proposed project is compatible 

18 with any current mining, exploration, or rec19 lamation activities; and 

20 (B) the valid existing rights of any mining 

21 claimholders or operators. 

22 (d) CONSULTATION.—The Secretary shall consult 

23 with the Director of the Office of Surface Mining Rec24 lamation and Enforcement and the Administrator of the 

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1 fice of Brownfields and Land Revitalization, to determine 

2 whether it is necessary to promulgate regulations or issue 

3 guidance in order to prioritize and expedite the siting of 

4 clean energy projects on current and former mine land 

5 sites. 

6 (e) TECHNICAL ASSISTANCE.—The Secretary shall 

7 provide technical assistance to project applicants selected 

8 for participation in the program under subsection (c) to 

9 assess the needed interconnection, transmission, and other 

10 grid components and permitting and siting necessary to 

11 interconnect, on current and former mine land where the 

12 project will be sited, any generation or storage with the 

13 electric grid. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Secretary to carry 

16 out this section $500,000,000 for the period of fiscal years 

17 2022 through 2026. 

18 SEC. 3403. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR 

19 ENERGY AND RELATED PURPOSES ON THE 

20 OUTER CONTINENTAL SHELF. 

21 Section 8(p)(1)(C) of the Outer Continental Shelf 

22 Lands Act (43 U.S.C. 1337(p)(1)(C)) is amended by in23 serting ‘‘storage,’’ before ‘‘or transmission’’. 


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1 TITLE IV—ENABLING ENERGY 

2 INFRASTRUCTURE INVEST3 MENT AND DATA COLLEC4 TION 

5 Subtitle A—Department of Energy 

6 Loan Program 

7 SEC. 4001. DEPARTMENT OF ENERGY LOAN PROGRAMS. 

8 (a) TITLE XVII INNOVATIVE ENERGY LOAN GUAR9 ANTEE PROGRAM.— 

10 (1) REASONABLE PROSPECT OF REPAYMENT.— 

11 Section 1702(d)(1) of the Energy Policy Act of 2005 

12 (42 U.S.C. 16512(d)(1)) is amended— 

13 (A) by striking the paragraph designation 

14 and heading and all that follows through ‘‘No 

15 guarantee’’ and inserting the following: 

16 ‘‘(1) REQUIREMENT.— 

17 ‘‘(A) IN GENERAL.—No guarantee’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(B) REASONABLE PROSPECT OF REPAY20 MENT.—The Secretary shall base a determina21 tion of whether there is reasonable prospect of 

22 repayment under subparagraph (A) on a com23 prehensive evaluation of whether the borrower 

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1 anteed obligation for the eligible project, includ2 ing, as applicable, an evaluation of— 

3 ‘‘(i) the strength of the contractual 

4 terms of the eligible project (if commer5 cially reasonably available); 

6 ‘‘(ii) the forecast of noncontractual 

7 cash flows supported by market projections 

8 from reputable sources, as determined by 

9 the Secretary; 

10 ‘‘(iii) cash sweeps and other structure 

11 enhancements; 

12 ‘‘(iv) the projected financial strength 

13 of the borrower— 

14 ‘‘(I) at the time of loan close; 

15 and 

16 ‘‘(II) throughout the loan term 

17 after the project is completed; 

18 ‘‘(v) the financial strength of the in19 vestors and strategic partners of the bor20 rower, if applicable; and 

21 ‘‘(vi) other financial metrics and anal22 yses that are relied on by the private lend23 ing community and nationally recognized 

24 credit rating agencies, as determined ap25 propriate by the Secretary.’’. 


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1 (2) LOAN GUARANTEES FOR PROJECTS THAT

2 INCREASE THE DOMESTICALLY PRODUCED SUPPLY

3 OF CRITICAL MINERALS.— 

4 (A) IN GENERAL.—Section 1703(b) of the 

5 Energy Policy Act of 2005 (42 U.S.C. 

6 16513(b)) is amended by adding at the end the 

7 following: 

8 ‘‘(13) Projects that increase the domestically 

9 produced supply of critical minerals (as defined in 

10 section 7002(a) of the Energy Act of 2020 (30 

11 U.S.C. 1606(a)), including through the production, 

12 processing, manufacturing, recycling, or fabrication 

13 of mineral alternatives.’’. 

14 (B) PROHIBITION ON USE OF PREVIOUSLY

15 APPROPRIATED FUNDS.—Amounts appropriated 

16 to the Department of Energy before the date of 

17 enactment of this Act shall not be made avail18 able for the cost of loan guarantees made under 

19 paragraph (13) of section 1703(b) of the En20 ergy Policy Act of 2005 (42 U.S.C. 16513(b)). 

21 (C) PROHIBITION ON USE OF PREVIOUSLY

22 AVAILABLE COMMITMENT AUTHORITY.— 

23 Amounts made available to the Department of 

24 Energy for commitments to guarantee loans 

25 under section 1703 of the Energy Policy Act of 


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1 2005 (42 U.S.C. 16513) before the date of en2 actment of this Act shall not be made available 

3 for commitments to guarantee loans for projects 

4 described in paragraph (13) of section 1703(b) 

5 of the Energy Policy Act of 2005 (42 U.S.C. 

6 16513(b)). 

7 (3) CONFLICTS OF INTEREST.—Section 1702 of 

8 the Energy Policy Act of 2005 (42 U.S.C. 16512) 

9 is amended by adding at the end the following: 

10 ‘‘(r) CONFLICTS OF INTEREST.—For each project se11 lected for a guarantee under this title, the Secretary shall 

12 certify that political influence did not impact the selection 

13 of the project.’’. 

14 (b) ADVANCED TECHNOLOGY VEHICLE MANUFAC15 TURING.— 

16 (1) ELIGIBILITY.—Section 136(a)(1) of the En17 ergy Independence and Security Act of 2007 (42 

18 U.S.C. 17013(a)(1)) is amended— 

19 (A) in subparagraph (C), by striking the 

20 period at the end and inserting a semicolon; 

21 (B) by redesignating subparagraphs (A) 

22 through (C) as clauses (i) through (iii), respec23 tively, and indenting appropriately; 


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1 (C) in the matter preceding clause (i) (as 

2 so redesignated), by striking ‘‘means an ultra’’ 

3 and inserting the following: ‘‘means— 

4 ‘‘(A) an ultra’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(B) a medium duty vehicle or a heavy 

7 duty vehicle that exceeds 125 percent of the 

8 greenhouse gas emissions and fuel efficiency 

9 standards established by the final rule of the 

10 Environmental Protection Agency entitled 

11 ‘Greenhouse Gas Emissions and Fuel Efficiency 

12 Standards for Medium- and Heavy-Duty En13 gines and Vehicles—Phase 2’ (81 Fed. Reg. 

14 73478 (October 25, 2016)); 

15 ‘‘(C) a train or locomotive; 

16 ‘‘(D) a maritime vessel; 

17 ‘‘(E) an aircraft; and 

18 ‘‘(F) hyperloop technology.’’. 

19 (2) REASONABLE PROSPECT OF REPAYMENT.— 

20 Section 136(d) of the Energy Independence and Se21 curity Act of 2007 (42 U.S.C. 17013(d)) is amend22 ed— 

23 (A) by striking paragraph (3) and insert24 ing the following: 

25 ‘‘(3) SELECTION OF ELIGIBLE PROJECTS.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 select eligible projects to receive loans under 

3 this subsection if the Secretary determines 

4 that— 

5 ‘‘(i) the loan recipient— 

6 ‘‘(I) has a reasonable prospect of 

7 repaying the principal and interest on 

8 the loan; 

9 ‘‘(II) will provide sufficient infor10 mation to the Secretary for the Sec11 retary to ensure that the qualified in12 vestment is expended efficiently and 

13 effectively; and 

14 ‘‘(III) has met such other criteria 

15 as may be established and published 

16 by the Secretary; and 

17 ‘‘(ii) the amount of the loan (when 

18 combined with amounts available to the 

19 loan recipient from other sources) will be 

20 sufficient to carry out the project. 

21 ‘‘(B) REASONABLE PROSPECT OF REPAY22 MENT.—The Secretary shall base a determina23 tion of whether there is a reasonable prospect 

24 of repayment of the principal and interest on a 

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1 prehensive evaluation of whether the loan re2 cipient has a reasonable prospect of repaying 

3 the principal and interest, including, as applica4 ble, an evaluation of— 

5 ‘‘(i) the strength of the contractual 

6 terms of the eligible project (if commer7 cially reasonably available); 

8 ‘‘(ii) the forecast of noncontractual 

9 cash flows supported by market projections 

10 from reputable sources, as determined by 

11 the Secretary; 

12 ‘‘(iii) cash sweeps and other structure 

13 enhancements; 

14 ‘‘(iv) the projected financial strength 

15 of the loan recipient— 

16 ‘‘(I) at the time of loan close; 

17 and 

18 ‘‘(II) throughout the loan term 

19 after the project is completed; 

20 ‘‘(v) the financial strength of the in21 vestors and strategic partners of the loan 

22 recipient, if applicable; and 

23 ‘‘(vi) other financial metrics and anal24 yses that are relied on by the private lend25 ing community and nationally recognized 


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1 credit rating agencies, as determined ap2 propriate by the Secretary.’’; and 

3 (B) in paragraph (4)— 

4 (i) in subparagraph (C), by striking 

5 ‘‘and’’ after the semicolon; 

6 (ii) in subparagraph (D), by striking 

7 the period at the end and inserting ‘‘; 

8 and’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(E) shall be subject to the condition that 

12 the loan is not subordinate to other financing.’’. 

13 (3) ADDITIONAL REFORMS.—Section 136 of the 

14 Energy Independence and Security Act of 2007 (42 

15 U.S.C. 17013) is amended— 

16 (A) in subsection (b) by striking ‘‘ultra ef17 ficient vehicle manufacturers, and component 

18 suppliers’’ and inserting ‘‘ultra efficient vehicle 

19 manufacturers, advanced technology vehicle 

20 manufacturers, and component suppliers’’; 

21 (B) in subsection (h)— 

22 (i) in the subsection heading, by strik23 ing ‘‘AUTOMOBILE’’ and inserting ‘‘AD24 VANCED TECHNOLOGY VEHICLE’’; and 


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1 (ii) in paragraph (1)(B), by striking 

2 ‘‘automobiles, or components of auto3 mobiles’’ and inserting ‘‘advanced tech4 nology vehicles, or components of advanced 

5 technology vehicles’’; 

6 (C) by striking subsection (i); 

7 (D) by redesignating subsection (j) as sub8 section (i); and 

9 (E) by adding at the end the following: 

10 ‘‘(j) COORDINATION.—In carrying out this section, 

11 the Secretary shall coordinate with relevant vehicle, bio12 energy, and hydrogen and fuel cell demonstration project 

13 activities supported by the Department. 

14 ‘‘(k) OUTREACH.—In carrying out this section, the 

15 Secretary shall— 

16 ‘‘(1) provide assistance with the completion of 

17 applications for awards or loans under this section; 

18 and 

19 ‘‘(2) conduct outreach, including through con20 ferences and online programs, to disseminate infor21 mation on awards and loans under this section to 

22 potential applicants. 

23 ‘‘(l) PROHIBITION ON USE OF APPROPRIATED

24 FUNDS.—Amounts appropriated to the Secretary before 

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1 able to the Secretary to provide awards under subsection 

2 (b) or loans under subsection (d) for the costs of activities 

3 that were not eligible for those awards or loans on the 

4 day before that date. 

5 ‘‘(m) REPORT.—Not later than 2 years after the date 

6 of enactment of this subsection, and every 3 years there7 after, the Secretary shall submit to Congress a report on 

8 the status of projects supported by a loan under this sec9 tion, including— 

10 ‘‘(1) a list of projects receiving a loan under 

11 this section, including the loan amount and con12 struction status of each project; 

13 ‘‘(2) the status of the loan repayment for each 

14 project, including future repayment projections; 

15 ‘‘(3) data regarding the number of direct and 

16 indirect jobs retained, restored, or created by fi17 nanced projects; 

18 ‘‘(4) the number of new projects projected to 

19 receive a loan under this section in the next 2 years, 

20 including the projected aggregate loan amount over 

21 the next 2 years; 

22 ‘‘(5) evaluation of ongoing compliance with the 

23 assurances and commitments, and of the predictions, 

24 made by applicants pursuant to paragraphs (2) and 

25 (3) of subsection (d); 


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1 ‘‘(6) the total number of applications received 

2 by the Department each year; and 

3 ‘‘(7) any other metrics the Secretary determines 

4 appropriate.’’. 

5 (4) CONFLICTS OF INTEREST.—Section 136(d) 

6 of the Energy Independence and Security Act of 

7 2007 (42 U.S.C. 17013(d)) is amended by adding at 

8 the end the following: 

9 ‘‘(5) CONFLICTS OF INTEREST.—For each eligi10 ble project selected to receive a loan under this sub11 section, the Secretary shall certify that political in12 fluence did not impact the selection of the eligible 

13 project.’’. 

14 (c) STATE LOAN ELIGIBILITY.— 

15 (1) DEFINITIONS.—Section 1701 of the Energy 

16 Policy Act of 2005 (42 U.S.C. 16511) is amended 

17 by adding at the end the following: 

18 ‘‘(6) STATE.—The term ‘State’ has the mean19 ing given the term in section 202 of the Energy 

20 Conservation and Production Act (42 U.S.C. 6802). 

21 ‘‘(7) STATE ENERGY FINANCING INSTITU22 TION.— 

23 ‘‘(A) IN GENERAL.—The term ‘State en24 ergy financing institution’ means a quasi-inde25 pendent entity or an entity within a State agenVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 cy or financing authority established by a 

2 State— 

3 ‘‘(i) to provide financing support or 

4 credit enhancements, including loan guar5 antees and loan loss reserves, for eligible 

6 projects; and 

7 ‘‘(ii) to create liquid markets for eligi8 ble projects, including warehousing and 

9 securitization, or take other steps to reduce 

10 financial barriers to the deployment of ex11 isting and new eligible projects. 

12 ‘‘(B) INCLUSION.—The term ‘State energy 

13 financing institution’ includes an entity or orga14 nization established to achieve the purposes de15 scribed in clauses (i) and (ii) of subparagraph 

16 (A) by an Indian Tribal entity or an Alaska 

17 Native Corporation.’’. 

18 (2) TERMS AND CONDITIONS.—Section 1702 of 

19 the Energy Policy Act of 2005 (42 U.S.C. 16512) 

20 is amended— 

21 (A) in subsection (a), by inserting ‘‘, in22 cluding projects receiving financial support or 

23 credit enhancements from a State energy fi24 nancing institution,’’ after ‘‘for projects’’; 


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1 (B) in subsection (d)(1), by inserting ‘‘, in2 cluding a guarantee for a project receiving fi3 nancial support or credit enhancements from a 

4 State energy financing institution,’’ after ‘‘No 

5 guarantee’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(r) STATE ENERGY FINANCING INSTITUTIONS.— 

8 ‘‘(1) ELIGIBILITY.—To be eligible for a guar9 antee under this title, a project receiving financial 

10 support or credit enhancements from a State energy 

11 financing institution— 

12 ‘‘(A) shall meet the requirements of section 

13 1703(a)(1); and 

14 ‘‘(B) shall not be required to meet the re15 quirements of section 1703(a)(2). 

16 ‘‘(2) PARTNERSHIPS AUTHORIZED.—In car17 rying out a project receiving a loan guarantee under 

18 this title, State energy financing institutions may 

19 enter into partnerships with private entities, Tribal 

20 entities, and Alaska Native corporations. 

21 ‘‘(3) PROHIBITION ON USE OF APPROPRIATED

22 FUNDS.—Amounts appropriated to the Department 

23 of Energy before the date of enactment of this sub24 section shall not be available to be used for the cost 

25 of loan guarantees for projects receiving financing 


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1 support or credit enhancements under this sub2 section.’’. 

3 (d) LOAN GUARANTEES FOR CERTAIN ALASKA NAT4 URAL GAS TRANSPORTATION PROJECTS AND SYSTEMS.— 

5 Section 116 of the Alaska Natural Gas Pipeline Act (15 

6 U.S.C. 720n) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), by striking ‘‘to West 

9 Coast States’’; and 

10 (B) in paragraph (3), in the second sen11 tence, by striking ‘‘to the continental United 

12 States’’; 

13 (2) in subsection (b)(1), in the first sentence, 

14 by striking ‘‘to West Coast States’’; and 

15 (3) in subsection (g)(4)— 

16 (A) by inserting by striking ‘‘plants 

17 liquification plants and’’ and inserting ‘‘plants, 

18 liquification plants, and’’; 

19 (B) by striking ‘‘to the West Coast’’; and 

20 (C) by striking ‘‘to the continental United 

21 States’’. 

22 Subtitle B—Energy Information 

23 Administration 

24 SEC. 4101. DEFINITIONS. 

25 In this subtitle: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Energy In3 formation Administration. 

4 (2) ANNUAL CRITICAL MINERALS OUTLOOK.— 

5 The term ‘‘Annual Critical Minerals Outlook’’ means 

6 the Annual Critical Minerals Outlook prepared 

7 under section 7002(j)(1)(B) of the Energy Act of 

8 2020 (30 U.S.C. 1606(j)(1)(B)). 

9 (3) CRITICAL MINERAL.—The term ‘‘critical 

10 mineral’’ has the meaning given the term in section 

11 7002(a) of the Energy Act of 2020 (30 U.S.C. 

12 1606(a)). 

13 (4) HOUSEHOLD ENERGY BURDEN.—The term 

14 ‘‘household energy burden’’ means the quotient ob15 tained by dividing— 

16 (A) the residential energy expenditures (as 

17 defined in section 440.3 of title 10, Code of 

18 Federal Regulations (as in effect on the date of 

19 enactment of this Act)) of the applicable house20 hold; by 

21 (B) the annual income of that household. 

22 (5) HOUSEHOLD WITH A HIGH ENERGY BUR23 DEN.—The term ‘‘household with a high energy bur24 den’’ has the meaning given the term in section 


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1 440.3 of title 10, Code of Federal Regulations (as 

2 in effect on the date of enactment of this Act). 

3 (6) LARGE MANUFACTURING FACILITY.—The 

4 term ‘‘large manufacturing facility’’ means a manu5 facturing facility that— 

6 (A) annually consumes more than 35,000 

7 megawatt-hours of electricity; or 

8 (B) has a peak power demand of more 

9 than 10 megawatts. 

10 (7) LOAD-SERVING ENTITY.—The term ‘‘load11 serving entity’’ has the meaning given the term in 

12 section 217(a) of the Federal Power Act (16 U.S.C. 

13 824q(a)). 

14 (8) MISCELLANEOUS ELECTRIC LOAD.—The 

15 term ‘‘miscellaneous electric load’’ means electricity 

16 that— 

17 (A) is used by an appliance or device— 

18 (i) within a building; or 

19 (ii) to serve a building; and 

20 (B) is not used for heating, ventilation, air 

21 conditioning, lighting, water heating, or refrig22 eration. 

23 (9) REGIONAL TRANSMISSION ORGANIZATION.— 

24 The term ‘‘Regional Transmission Organization’’ 


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1 has the meaning given the term in section 3 of the 

2 Federal Power Act (16 U.S.C. 796). 

3 (10) RURAL AREA.—The term ‘‘rural area’’ has 

4 the meaning given the term in section 609(a) of the 

5 Public Utility Regulatory Policies Act of 1978 (7 

6 U.S.C. 918c(a)). 

7 SEC. 4102. DATA COLLECTION IN THE ELECTRICITY SEC8 TOR. 

9 (a) DASHBOARD.— 

10 (1) ESTABLISHMENT.— 

11 (A) IN GENERAL.—Not later than 90 days 

12 after the date of enactment of this Act, the Ad13 ministrator shall establish an online database to 

14 track the operation of the bulk power system in 

15 the contiguous 48 States (referred to in this 

16 section as the ‘‘Dashboard’’). 

17 (B) IMPROVEMENT OF EXISTING DASH18 BOARD.—The Dashboard may be established 

19 through the improvement, in accordance with 

20 this subsection, of an existing dashboard of the 

21 Energy Information Administration, such as— 

22 (i) the U.S. Electric System Oper23 ating Data dashboard; or 

24 (ii) the Hourly Electric Grid Monitor. 

25 (2) EXPANSION.— 


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1 (A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of this Act, the Ad3 ministrator shall expand the Dashboard to in4 clude, to the maximum extent practicable, hour5 ly operating data collected from the electricity 

6 balancing authorities that operate the bulk 

7 power system in all of the several States, each 

8 territory of the United States, and the District 

9 of Columbia. 

10 (B) TYPES OF DATA.—The hourly oper11 ating data collected under subparagraph (A) 

12 may include data relating to— 

13 (i) total electricity demand; 

14 (ii) electricity demand by subregion; 

15 (iii) short-term electricity demand 

16 forecasts; 

17 (iv) total electricity generation; 

18 (v) net electricity generation by fuel 

19 type, including renewables; 

20 (vi) electricity stored and discharged; 

21 (vii) total net electricity interchange; 

22 (viii) electricity interchange with di23 rectly interconnected balancing authorities; 

24 and 


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1 (ix) where available, the estimated 

2 marginal greenhouse gas emissions per 

3 megawatt hour of electricity generated— 

4 (I) within the metered boundaries 

5 of each balancing authority; and 

6 (II) for each pricing node. 

7 (b) MIX OF ENERGY SOURCES.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this Act, the Administrator 

10 shall establish, in accordance with section 4109 and 

11 this subsection and to the extent the Administrator 

12 determines to be appropriate, a system to harmonize 

13 the operating data on electricity generation collected 

14 under subsection (a) with— 

15 (A) measurements of greenhouse gas and 

16 other pollutant emissions collected by the Envi17 ronmental Protection Agency; 

18 (B) other data collected by the Environ19 mental Protection Agency or other relevant 

20 Federal agencies, as the Administrator deter21 mines to be appropriate; and 

22 (C) data collected by State or regional en23 ergy credit registries. 


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1 (2) OUTCOMES.—The system established under 

2 paragraph (1) shall result in an integrated dataset 

3 that includes, for any given time— 

4 (A) the net generation of electricity by 

5 megawatt hour within the metered boundaries 

6 of each balancing authority; and 

7 (B) where available, the average and mar8 ginal greenhouse gas emissions by megawatt 

9 hour of electricity generated within the metered 

10 boundaries of each balancing authority. 

11 (3) REAL-TIME DATA DISSEMINATION.—To the 

12 maximum extent practicable, the system established 

13 under paragraph (1) shall disseminate data— 

14 (A) on a real-time basis; and 

15 (B) through an application programming 

16 interface that is publicly accessible. 

17 (4) COMPLEMENTARY EFFORTS.—The system 

18 established under paragraph (1) shall complement 

19 any existing data dissemination efforts of the Ad20 ministrator that make use of electricity generation 

21 data, such as electricity demand by subregion and 

22 electricity interchange with directly interconnected 

23 balancing authorities. 

24 (c) OBSERVED CHARACTERISTICS OF BULK POWER

25 SYSTEM RESOURCE INTEGRATION.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the Administrator 

3 shall establish a system to provide to the public 

4 timely data on the integration of energy resources 

5 into the bulk power system and the electric distribu6 tion grids in the United States, and the observed ef7 fects of that integration. 

8 (2) REQUIREMENTS.—In carrying out para9 graph (1), the Administrator shall seek to improve 

10 the temporal and spatial resolution of data relating 

11 to how grid operations are changing, such as 

12 through— 

13 (A) thermal generator cycling to accommo14 date intermittent generation; 

15 (B) generation unit self-scheduling prac16 tices; 

17 (C) renewable source curtailment; 

18 (D) utility-scale storage; 

19 (E) load response; 

20 (F) aggregations of distributed energy re21 sources at the distribution system level; 

22 (G) power interchange between directly 

23 connected balancing authorities; 

24 (H) expanding Regional Transmission Or25 ganization balancing authorities; 


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1 (I) improvements in real-time— 

2 (i) accuracy of locational marginal 

3 prices; and 

4 (ii) signals to flexible demand; and 

5 (J) disruptions to grid operations, includ6 ing disruptions caused by cyber sources, phys7 ical sources, extreme weather events, or other 

8 sources. 

9 (d) DISTRIBUTION SYSTEM OPERATIONS.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this Act, the Administrator 

12 shall establish a system to provide to the public 

13 timely data on the operations of load-serving entities 

14 in the electricity grids of the United States. 

15 (2) REQUIREMENTS.— 

16 (A) IN GENERAL.—In carrying out para17 graph (1), the Administrator shall— 

18 (i) not less frequently than annually, 

19 provide data on— 

20 (I) the delivered generation re21 source mix for each load-serving enti22 ty; and 

23 (II) the distributed energy re24 sources operating within each service 

25 area of a load-serving entity; 


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1 (ii) harmonize the data on delivered 

2 generation resource mix described in clause 

3 (i)(I) with measurements of greenhouse 

4 gas emissions collected by the Environ5 mental Protection Agency; 

6 (iii) to the maximum extent prac7 ticable, disseminate the data described in 

8 clause (i)(I) and the harmonized data de9 scribed in clause (ii) on a real-time basis; 

10 and 

11 (iv) provide historical data, beginning 

12 with the earliest calendar year practicable, 

13 but not later than calendar year 2020, on 

14 the delivered generation resource mix de15 scribed in clause (i)(I). 

16 (B) DATA ON THE DELIVERED GENERA17 TION RESOURCE MIX.—In collecting the data 

18 described in subparagraph (A)(i)(I), the Admin19 istrator shall— 

20 (i) use existing voluntary industry 

21 methodologies, including reporting proto22 cols, databases, and emissions and energy 

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1 sions intensity rates for delivered elec2 tricity; 

3 (ii) consider that generation and 

4 transmission entities may provide data on 

5 behalf of load-serving entities; 

6 (iii) to the extent that the Adminis7 trator determines necessary, and in a man8 ner designed to protect confidential infor9 mation, require each load-serving entity to 

10 submit additional information as needed to 

11 determine the delivered generation re12 source mix of the load-serving entity, in13 cluding financial or contractual agreements 

14 for power and generation resource type at15 tributes with respect to power owned by or 

16 retired by the load-serving entity; and 

17 (iv) for any portion of the generation 

18 resource mix of a load-serving entity that 

19 is otherwise unaccounted for, develop a 

20 methodology to assign to the load-serving 

21 entity a share of the otherwise unac22 counted for resource mix of the relevant 

23 balancing authority. 


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1 SEC. 4103. EXPANSION OF ENERGY CONSUMPTION SUR2 VEYS. 

3 (a) IN GENERAL.—Not later than 2 years after the 

4 date of enactment of this Act, the Administrator shall im5 plement measures to expand the Manufacturing Energy 

6 Consumption Survey, the Commercial Building Energy 

7 Consumption Survey, and the Residential Energy Con8 sumption Survey to include data on energy end use in 

9 order to facilitate the identification of— 

10 (1) opportunities to improve energy efficiency 

11 and energy productivity; 

12 (2) changing patterns of energy use; and 

13 (3) opportunities to better understand and 

14 manage miscellaneous electric loads. 

15 (b) REQUIREMENTS.— 

16 (1) IN GENERAL.—In carrying out subsection 

17 (a), the Administrator shall— 

18 (A) increase the scope and frequency of 

19 data collection on energy end uses and services; 

20 (B) use new data collection methods and 

21 tools in order to obtain more comprehensive 

22 data and reduce the burden on survey respond23 ents, including by— 

24 (i) accessing other existing data 

25 sources; and 


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1 (ii) if feasible, developing online and 

2 real-time reporting systems; 

3 (C) identify and report community-level 

4 economic and environmental impacts, including 

5 with respect to— 

6 (i) the reliability and security of the 

7 energy supply; and 

8 (ii) local areas with households with a 

9 high energy burden; and 

10 (D) improve the presentation of data, in11 cluding by— 

12 (i) enabling the presentation of data 

13 in an interactive cartographic format on a 

14 national, regional, State, and local level 

15 with the functionality of viewing various 

16 economic, energy, and demographic meas17 ures on an individual basis or in combina18 tion; and 

19 (ii) incorporating the results of the 

20 data collection, methods, and tools de21 scribed in subparagraphs (A) and (B) into 

22 existing and new digital distribution meth23 ods. 


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1 (2) MANUFACTURING ENERGY CONSUMPTION

2 SURVEY.—With respect to the Manufacturing En3 ergy Consumption Survey, the Administrator shall— 

4 (A) implement measures to provide more 

5 detailed representations of data by region; 

6 (B) for large manufacturing facilities, 

7 break out process heat use by required process 

8 temperatures in order to facilitate the identi9 fication of opportunities for cost reductions and 

10 energy efficiency or energy productivity im11 provements; 

12 (C) collect information on— 

13 (i) energy source-switching capabili14 ties, especially with respect to thermal 

15 processes and the efficiency of thermal 

16 processes; 

17 (ii) the use of electricity, biofuels, hy18 drogen, or other alternative fuels to 

19 produce process heat; and 

20 (iii) the use of demand response; and 

21 (D) identify current and potential future 

22 industrial clusters in which multiple firms and 

23 facilities in a defined geographic area share the 

24 costs and benefits of infrastructure for clean 

25 manufacturing, such as— 


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1 (i) hydrogen generation, production, 

2 transport, use, and storage infrastructure; 

3 and 

4 (ii) carbon dioxide capture, transport, 

5 use, and storage infrastructure. 

6 (3) RESIDENTIAL ENERGY CONSUMPTION SUR7 VEY.—With respect to the Residential Energy Con8 sumption Survey, the Administrator shall— 

9 (A) implement measures to provide more 

10 detailed representations of data by— 

11 (i) geographic area, including by State 

12 (for each State); 

13 (ii) building type, including multi-fam14 ily buildings; 

15 (iii) household income; 

16 (iv) location in a rural area; and 

17 (v) other demographic characteristics, 

18 as determined by the Administrator; and 

19 (B) report measures of— 

20 (i) household electrical service capac21 ity; 

22 (ii) access to utility demand-side man23 agement programs and bill credits; 


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1 (iii) characteristics of the energy mix 

2 used to generate electricity in different re3 gions; and 

4 (iv) the household energy burden for 

5 households— 

6 (I) in different geographic areas; 

7 (II) by electricity, heating, and 

8 other end-uses; and 

9 (III) with different demographic 

10 characteristics that correlate with in11 creased household energy burden, in12 cluding— 

13 (aa) having a low household 

14 income; 

15 (bb) being a minority house16 hold; 

17 (cc) residing in manufac18 tured or multifamily housing; 

19 (dd) being in a fixed or re20 tirement income household; 

21 (ee) residing in rental hous22 ing; and 

23 (ff) other factors, as deter24 mined by the Administrator. 


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1 SEC. 4104. DATA COLLECTION ON ELECTRIC VEHICLE INTE2 GRATION WITH THE ELECTRICITY GRIDS. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Administrator shall de5 velop and implement measures to expand data collection 

6 with respect to electric vehicle integration with the elec7 tricity grids. 

8 (b) SOURCES OF DATA.—The sources of the data col9 lected pursuant to subsection (a) may include— 

10 (1) host-owned or charging-network-owned elec11 tric vehicle charging stations; 

12 (2) aggregators of charging-network electricity 

13 demand; 

14 (3) electric utilities offering managed-charging 

15 programs; 

16 (4) individual, corporate, or public owners of 

17 electric vehicles; and 

18 (5) balancing authority analyses of— 

19 (A) transformer loading congestion; and 

20 (B) distribution-system congestion. 

21 (c) CONSULTATION AND COORDINATION.—In car22 rying out subsection (a), the Administrator may consult 

23 and enter into agreements with other institutions having 

24 relevant data and data collection capabilities, such as— 

25 (1) the Secretary of Transportation; 

26 (2) the Secretary; 


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1 (3) the Administrator of the Environmental 

2 Protection Agency; 

3 (4) States or State agencies; and 

4 (5) private entities. 

5 SEC. 4105. PLAN FOR THE MODELING AND FORECASTING 

6 OF DEMAND FOR MINERALS USED IN THE EN7 ERGY SECTOR. 

8 (a) PLAN.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of enactment of this Act, the Adminis11 trator, in coordination with the Director of the 

12 United States Geological Survey, shall develop a 

13 plan for the modeling and forecasting of demand for 

14 energy technologies, including for energy production, 

15 transmission, or storage purposes, that use minerals 

16 that are or could be designated as critical minerals. 

17 (2) INCLUSIONS.—The plan developed under 

18 paragraph (1) shall identify— 

19 (A) the type and quantity of minerals con20 sumed, delineated by energy technology; 

21 (B) existing markets for manufactured en22 ergy-producing, energy-transmission, and en23 ergy-storing equipment; and 

24 (C) emerging or potential markets for new 

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1 ergy-storing technologies entering commer2 cialization. 

3 (b) METRICS.—The plan developed under subsection 

4 (a)(1) shall produce forecasts of energy technology de5 mand— 

6 (1) over the 1-year, 5-year, and 10-year periods 

7 beginning on the date on which development of the 

8 plan is completed; 

9 (2) by economic sector; and 

10 (3) according to any other parameters that the 

11 Administrator, in collaboration with the Secretary of 

12 the Interior, acting through the Director of the 

13 United States Geological Survey, determines are 

14 needed for the Annual Critical Minerals Outlook. 

15 (c) COLLABORATION.—The Administrator shall de16 velop the plan under subsection (a)(1) in consultation 

17 with— 

18 (1) the Secretary with respect to the possible 

19 trajectories of emerging energy-producing and en20 ergy-storing technologies; and 

21 (2) the Secretary of the Interior, acting through 

22 the Director of the United States Geological Sur23 vey— 

24 (A) to ensure coordination; 

25 (B) to avoid duplicative effort; and 


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1 (C) to align the analysis of demand with 

2 data and analysis of where the minerals are 

3 produced, refined, and subsequently processed 

4 into materials and parts that are used to build 

5 energy technologies. 

6 SEC. 4106. EXPANSION OF INTERNATIONAL ENERGY DATA. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, the Administrator shall im9 plement measures to expand and improve the international 

10 energy data resources of the Energy Information Adminis11 tration in order to understand— 

12 (1) the production and use of energy in various 

13 countries; 

14 (2) changing patterns of energy use internation15 ally; 

16 (3) the relative costs and environmental impacts 

17 of energy production and use internationally; and 

18 (4) plans for or construction of major energy 

19 facilities or infrastructure. 

20 (b) REQUIREMENTS.—In carrying out subsection (a), 

21 the Administrator shall— 

22 (1) work with, and leverage the data resources 

23 of, the International Energy Agency; 


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1 (2) include detail on energy consumption by 

2 fuel, economic sector, and end use within countries 

3 for which data are available; 

4 (3) collect relevant measures of energy use, in5 cluding— 

6 (A) cost; and 

7 (B) emissions intensity; and 

8 (4) provide tools that allow for straightforward 

9 country-to-country comparisons of energy production 

10 and consumption across economic sectors and end 

11 uses. 

12 SEC. 4107. PLAN FOR THE NATIONAL ENERGY MODELING 

13 SYSTEM. 

14 Not later than 180 days after the date of enactment 

15 of this Act, the Administrator shall develop a plan to iden16 tify any need or opportunity to update or further the capa17 bilities of the National Energy Modeling System, including 

18 with respect to— 

19 (1) treating energy demand endogenously; 

20 (2) increased natural gas usage and increased 

21 market penetration of renewable energy; 

22 (3) flexible operating modes of nuclear power 

23 plants, such as load following and frequency control; 

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1 tricity, and chemical synthesis services, including 

2 interactions of those energy systems with the elec3 tricity grids, pipeline networks, and the broader 

4 economy; 

5 (5) demand response and improved representa6 tion of energy storage, including long-duration stor7 age, in capacity expansion models; 

8 (6) electrification, particularly with respect to 

9 the transportation, industrial, and buildings sectors; 

10 (7) increasing model resolution to represent all 

11 hours of the year and all electricity generators; 

12 (8) wholesale electricity market design and the 

13 appropriate valuation of all services that support the 

14 reliability of electricity grids, such as— 

15 (A) battery storage; and 

16 (B) synthetic inertia from grid-tied invert17 ers; 

18 (9) economic modeling of the role of energy effi19 ciency, demand response, electricity storage, and a 

20 variety of distributed generation technologies; 

21 (10) the production, transport, use, and storage 

22 of carbon dioxide, hydrogen, and hydrogen carriers; 

23 (11) greater flexibility in— 

24 (A) the modeling of the environmental im25 pacts of electricity systems, such as— 


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1 (i) emissions of greenhouse gases and 

2 other pollutants; and 

3 (ii) the use of land and water re4 sources; and 

5 (B) the ability to support climate mod6 eling, such as the climate modeling performed 

7 by the Office of Biological and Environmental 

8 Research in the Office of Science of the Depart9 ment; 

10 (12) technologies that are in an early stage of 

11 commercial deployment and have been identified by 

12 the Secretary as candidates for large-scale dem13 onstration projects, such as— 

14 (A) carbon capture, transport, use, and 

15 storage from any source or economic sector; 

16 (B) direct air capture; 

17 (C) hydrogen production, including via 

18 electrolysis; 

19 (D) synthetic and biogenic hydrocarbon 

20 liquid and gaseous fuels; 

21 (E) supercritical carbon dioxide combus22 tion turbines; 

23 (F) industrial fuel cell and hydrogen com24 bustion equipment; and 

25 (G) industrial electric boilers; 


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1 (13) increased and improved data sources and 

2 tools, including— 

3 (A) the establishment of technology and 

4 cost baselines, including technology learning 

5 rates; 

6 (B) economic and employment impacts of 

7 energy system policies and energy prices on 

8 households, as a function of household income 

9 and region; and 

10 (C) the use of behavioral economics to in11 form demand modeling in all sectors; and 

12 (14) striving to migrate toward a single, con13 sistent, and open-source modeling platform, and in14 creasing open access to model systems, data, and 

15 outcomes, for— 

16 (A) disseminating reference scenarios that 

17 can be transparently and broadly replicated; 

18 and 

19 (B) promoting the development of the re20 searcher and analyst workforce needed to con21 tinue the development and validation of im22 proved energy system models in the future. 


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1 SEC. 4108. REPORT ON COSTS OF CARBON ABATEMENT IN 

2 THE ELECTRICITY SECTOR. 

3 Not later than 270 days after the date of enactment 

4 of this Act, the Administrator shall submit to Congress 

5 a report on— 

6 (1) the potential use of levelized cost of carbon 

7 abatement or a similar metric in analyzing genera8 tors of electricity, including an identification of limi9 tations and appropriate uses of the metric; 

10 (2) the feasibility and impact of incorporating 

11 levelized cost of carbon abatement in long-term fore12 casts— 

13 (A) to compare technical approaches and 

14 understand real-time changes in fossil-fuel and 

15 nuclear dispatch; 

16 (B) to compare the system-level costs of 

17 technology options to reduce emissions; and 

18 (C) to compare the costs of policy options, 

19 including current policies, regarding valid and 

20 verifiable reductions and removals of carbon; 

21 and 

22 (3)(A) a potential process to measure carbon 

23 dioxide emissions intensity per unit of output pro24 duction for a range of— 

25 (i) energy sources; 

26 (ii) sectors; and 


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1 (iii) geographic regions; and 

2 (B) a corresponding process to provide an 

3 empirical framework for reporting the status 

4 and costs of carbon dioxide reduction relative to 

5 specified goals. 

6 SEC. 4109. HARMONIZATION OF EFFORTS AND DATA. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the Administrator shall establish a system to 

9 harmonize, to the maximum extent practicable and con10 sistent with data integrity— 

11 (1) the data collection efforts of the Adminis12 trator, including any data collection required under 

13 this subtitle, with the data collection efforts of— 

14 (A) the Environmental Protection Agency, 

15 as the Administrator determines to be appro16 priate; 

17 (B) other relevant Federal agencies, as the 

18 Administrator determines to be appropriate; 

19 and 

20 (C) State or regional energy credit reg21 istries, as the Administrator determines to be 

22 appropriate; 

23 (2) the data collected under this subtitle, in24 cluding the operating data on electricity generation 

25 collected under section 4102(a), with data collected 


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1 by the entities described in subparagraphs (A) 

2 through (C) of paragraph (1), including any meas3 urements of greenhouse gas and other pollutant 

4 emissions collected by the Environmental Protection 

5 Agency, as the Administrator determines to be ap6 propriate; and 

7 (3) the efforts of the Administrator to identify 

8 and report relevant impacts, opportunities, and pat9 terns with respect to energy use, including the iden10 tification of community-level economic and environ11 mental impacts required under section 

12 4103(b)(1)(C), with the efforts of the Environmental 

13 Protection Agency and other relevant Federal agen14 cies, as determined by the Administrator, to identify 

15 similar impacts, opportunities, and patterns. 

16 Subtitle C—Miscellaneous 

17 SEC. 4201. CONSIDERATION OF MEASURES TO PROMOTE 

18 GREATER ELECTRIFICATION OF THE TRANS19 PORTATION SECTOR. 

20 (a) IN GENERAL.—Section 111(d) of the Public Util21 ity Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 

22 (as amended by section 1004(a)(1)) is amended by adding 

23 at the end the following: 

24 ‘‘(21) ELECTRIC VEHICLE CHARGING PRO25 GRAMS.—Each State shall consider measures to proVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 mote greater electrification of the transportation sec2 tor, including the establishment of rates that— 

3 ‘‘(A) promote affordable and equitable 

4 electric vehicle charging options for residential, 

5 commercial, and public electric vehicle charging 

6 infrastructure; 

7 ‘‘(B) improve the customer experience as8 sociated with electric vehicle charging, including 

9 by reducing charging times for light-, medium10 , and heavy-duty vehicles; 

11 ‘‘(C) accelerate third-party investment in 

12 electric vehicle charging for light-, medium-, 

13 and heavy-duty vehicles; and 

14 ‘‘(D) appropriately recover the marginal 

15 costs of delivering electricity to electric vehicles 

16 and electric vehicle charging infrastructure.’’. 

17 (b) COMPLIANCE.— 

18 (1) TIME LIMITATION.—Section 112(b) of the 

19 Public Utility Regulatory Policies Act of 1978 (16 

20 U.S.C. 2622(b)) (as amended by section 

21 1004(a)(2)(A)) is amended by adding at the end the 

22 following: 

23 ‘‘(8)(A) Not later than 1 year after the date of 

24 enactment of this paragraph, each State regulatory 

25 authority (with respect to each electric utility for 


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1 which the State has ratemaking authority) and each 

2 nonregulated utility shall commence consideration 

3 under section 111, or set a hearing date for consid4 eration, with respect to the standard established by 

5 paragraph (21) of section 111(d). 

6 ‘‘(B) Not later than 2 years after the date 

7 of enactment of this paragraph, each State reg8 ulatory authority (with respect to each electric 

9 utility for which the State has ratemaking au10 thority), and each nonregulated electric utility 

11 shall complete the consideration and make the 

12 determination under section 111 with respect to 

13 the standard established by paragraph (21) of 

14 section 111(d).’’. 

15 (2) FAILURE TO COMPLY.—Section 112(c) of 

16 the Public Utility Regulatory Policies Act of 1978 

17 (16 U.S.C. 2622(c)) (as amended by section 

18 1004(a)(2)(B)(i)) is amended by adding at the end 

19 the following: ‘‘In the case of the standard estab20 lished by paragraph (21) of section 111(d), the ref21 erence contained in this subsection to the date of en22 actment of this Act shall be deemed to be a ref23 erence to the date of enactment of that paragraph 

24 (21).’’. 

25 (3) PRIOR STATE ACTIONS.— 


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1 (A) IN GENERAL.—Section 112 of the 

2 Public Utility Regulatory Policies Act of 1978 

3 (16 U.S.C. 2622) (as amended by section 

4 1004(a)(2)(C)(i)) is amended by adding at the 

5 end the following: 

6 ‘‘(h) OTHER PRIOR STATE ACTIONS.—Subsections 

7 (b) and (c) shall not apply to the standard established by 

8 paragraph (21) of section 111(d) in the case of any elec9 tric utility in a State if, before the date of enactment of 

10 this subsection— 

11 ‘‘(1) the State has implemented for the electric 

12 utility the standard (or a comparable standard); 

13 ‘‘(2) the State regulatory authority for the 

14 State or the relevant nonregulated electric utility has 

15 conducted a proceeding to consider implementation 

16 of the standard (or a comparable standard) for the 

17 electric utility; or 

18 ‘‘(3) the State legislature has voted on the im19 plementation of the standard (or a comparable 

20 standard) for the electric utility during the 3-year 

21 period ending on that date of enactment.’’. 

22 (B) CROSS-REFERENCE.—Section 124 of 

23 the Public Utility Regulatory Policies Act of 

24 1978 (16 U.S.C. 2634) (as amended by section 

25 1004(a)(2)(C)(ii)(II)) is amended by adding at 


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1 the end the following: ‘‘In the case of the stand2 ard established by paragraph (21) of section 

3 111(d), the reference contained in this section 

4 to the date of enactment of this Act shall be 

5 deemed to be a reference to the date of enact6 ment of that paragraph (21).’’. 

7 SEC. 4202. OFFICE OF PUBLIC PARTICIPATION. 

8 Section 319 of the Federal Power Act (16 U.S.C. 

9 825q–1) is amended— 

10 (1) in subsection (a)(2)— 

11 (A) in subparagraph (A), by striking the 

12 third sentence; and 

13 (B) in subparagraph (B)— 

14 (i) by striking the third sentence and 

15 inserting the following: ‘‘The Director shall 

16 be compensated at a rate of pay not great17 er than the maximum rate of pay pre18 scribed for a senior executive in the Senior 

19 Executive Service under section 5382 of 

20 title 5, United States Code.’’; and 

21 (ii) by striking the first sentence; and 

22 (2) in subsection (b), by striking paragraph (4). 

23 SEC. 4203. DIGITAL CLIMATE SOLUTIONS REPORT. 

24 (a) IN GENERAL.—Not later than 1 year after the 

25 date of enactment of this Act, the Secretary, in consultaVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 tion with appropriate Federal agencies and relevant stake2 holders, shall submit to the Committee on Energy and 

3 Natural Resources of the Senate and the Committee on 

4 Energy and Commerce of the House of Representatives 

5 a report that assesses using digital tools and platforms 

6 as climate solutions, including— 

7 (1) artificial intelligence and machine learning; 

8 (2) blockchain technologies and distributed 

9 ledgers; 

10 (3) crowdsourcing platforms; 

11 (4) the Internet of Things; 

12 (5) distributed computing for the grid; and 

13 (6) software and systems. 

14 (b) CONTENTS.—The report required under sub15 section (a) shall include— 

16 (1) as practicable, a full inventory and assess17 ment of digital climate solutions; 

18 (2) an analysis of how the private sector can 

19 utilize the digital tools and platforms included in the 

20 inventory under paragraph (1) to accelerate digital 

21 climate solutions; and 

22 (3) a summary of opportunities to enhance the 

23 standardization of voluntary and regulatory climate 

24 disclosure protocols, including enabling the data to 


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1 be disseminated through an application program2 ming interface that is accessible to the public. 

3 SEC. 4204. STUDY AND REPORT BY THE SECRETARY OF EN4 ERGY ON JOB LOSS AND IMPACTS ON CON5 SUMER ENERGY COSTS DUE TO THE REVOCA6 TION OF THE PERMIT FOR THE KEYSTONE XL 

7 PIPELINE. 

8 (a) DEFINITION OF EXECUTIVE ORDER.—In this 

9 section, the term ‘‘Executive Order’’ means Executive 

10 Order 13990 (86 Fed. Reg. 7037; relating to protecting 

11 public health and the environment and restoring science 

12 to tackle the climate crisis). 

13 (b) STUDY AND REPORT.—The Secretary shall— 

14 (1) conduct a study to estimate— 

15 (A) the total number of jobs that were lost 

16 as a direct or indirect result of section 6 of the 

17 Executive Order over the 10-year period begin18 ning on the date on which the Executive Order 

19 was issued; and 

20 (B) the impact on consumer energy costs 

21 that are projected to result as a direct or indi22 rect result of section 6 of the Executive Order 

23 over the 10-year period beginning on the date 

24 on which the Executive Order was issued; and 


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1 (2) not later than 90 days after the date of en2 actment of this Act, submit to Congress a report de3 scribing the findings of the study conducted under 

4 paragraph (1). 

5 SEC. 4205. STUDY ON IMPACT OF ELECTRIC VEHICLES. 

6 Not later than 120 days after the date of enactment 

7 of this Act, the Secretary shall conduct, and submit to 

8 Congress a report describing the results of, a study on 

9 the cradle to grave environmental impact of electric vehi10 cles. 

11 SEC. 4206. STUDY ON IMPACT OF FORCED LABOR IN CHINA 

12 ON THE ELECTRIC VEHICLE SUPPLY CHAIN. 

13 Not later than 120 days after the date of enactment 

14 of this Act, the Secretary, in coordination with the Sec15 retary of State, shall study the impact of forced labor in 

16 China on the electric vehicle supply chain. 

17 TITLE V—ENERGY EFFICIENCY 

18 AND BUILDING INFRASTRUC19 TURE 

20 Subtitle A—Residential and 

21 Commercial Energy Efficiency 

22 SEC. 5001. DEFINITIONS. 

23 In this subtitle: 

24 (1) PRIORITY STATE.—The term ‘‘priority 

25 State’’ means a State that— 


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1 (A) is eligible for funding under the State 

2 Energy Program; and 

3 (B)(i) is among the 15 States with the 

4 highest annual per-capita combined residential 

5 and commercial sector energy consumption, as 

6 most recently reported by the Energy Informa7 tion Administration; or 

8 (ii) is among the 15 States with the high9 est annual per-capita energy-related carbon di10 oxide emissions by State, as most recently re11 ported by the Energy Information Administra12 tion. 

13 (2) PROGRAM.—The term ‘‘program’’ means 

14 the program established under section 5002(a). 

15 (3) STATE.—The term ‘‘State’’ means a State 

16 (as defined in section 3 of the Energy Policy and 

17 Conservation Act (42 U.S.C. 6202)), acting through 

18 a State energy office. 

19 (4) STATE ENERGY PROGRAM.—The term 

20 ‘‘State Energy Program’’ means the State Energy 

21 Program established under part D of title III of the 

22 Energy Policy and Conservation Act (42 U.S.C. 

23 6321 et seq.). 


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1 SEC. 5002. ENERGY EFFICIENCY REVOLVING LOAN FUND 

2 CAPITALIZATION GRANT PROGRAM. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, under the State Energy 

5 Program, the Secretary shall establish a program under 

6 which the Secretary shall provide capitalization grants to 

7 States to establish a revolving loan fund under which the 

8 State shall provide loans and grants, as applicable, in ac9 cordance with this section. 

10 (b) DISTRIBUTION OF FUNDS.— 

11 (1) ALL STATES.— 

12 (A) IN GENERAL.—Of the amounts made 

13 available under subsection (j), the Secretary 

14 shall use 40 percent to provide capitalization 

15 grants to States that are eligible for funding 

16 under the State Energy Program, in accordance 

17 with the allocation formula established under 

18 section 420.11 of title 10, Code of Federal Reg19 ulations (or successor regulations). 

20 (B) REMAINING FUNDING.—After applying 

21 the allocation formula described in subpara22 graph (A), the Secretary shall redistribute any 

23 unclaimed funds to the remaining States seek24 ing capitalization grants under that subpara25 graph. 

26 (2) PRIORITY STATES.— 


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1 (A) IN GENERAL.—Of the amounts made 

2 available under subsection (j), the Secretary 

3 shall use 60 percent to provide supplemental 

4 capitalization grants to priority States in ac5 cordance with an allocation formula determined 

6 by the Secretary. 

7 (B) REMAINING FUNDING.—After applying 

8 the allocation formula described in subpara9 graph (A), the Secretary shall redistribute any 

10 unclaimed funds to the remaining priority 

11 States seeking supplemental capitalization 

12 grants under that subparagraph. 

13 (C) GRANT AMOUNT.— 

14 (i) MAXIMUM AMOUNT.—The amount 

15 of a supplemental capitalization grant pro16 vided to a State under this paragraph shall 

17 not exceed $15,000,000. 

18 (ii) SUPPLEMENT NOT SUPPLANT.—A 

19 supplemental capitalization grant received 

20 by a State under this paragraph shall sup21 plement, not supplant, a capitalization 

22 grant received by that State under para23 graph (1). 

24 (c) APPLICATIONS FOR CAPITALIZATION GRANTS.— 

25 A State seeking a capitalization grant under the program 


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1 shall submit to the Secretary an application at such time, 

2 in such manner, and containing such information as the 

3 Secretary may require, including— 

4 (1) a detailed explanation of how the grant will 

5 be used, including a plan to establish a new revolv6 ing loan fund or use an existing revolving loan fund; 

7 (2) the need of eligible recipients for loans and 

8 grants in the State for assistance with conducting 

9 energy audits; 

10 (3) a description of the expected benefits that 

11 building infrastructure and energy system upgrades 

12 and retrofits will have on communities in the State; 

13 and 

14 (4) in the case of a priority State seeking a 

15 supplemental capitalization grant under subsection 

16 (b)(2), a justification for needing the supplemental 

17 funding. 

18 (d) TIMING.— 

19 (1) IN GENERAL.—The Secretary shall establish 

20 a timeline with dates by, or periods by the end of, 

21 which a State shall— 

22 (A) on receipt of a capitalization grant 

23 under the program, deposit the grant funds into 

24 a revolving loan fund; and 


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1 (B) begin using the capitalization grant as 

2 described in subsection (e)(1). 

3 (2) USE OF GRANT.—Under the timeline estab4 lished under paragraph (1), a State shall be required 

5 to begin using a capitalization grant not more than 

6 180 days after the date on which the grant is re7 ceived. 

8 (e) USE OF GRANT FUNDS.— 

9 (1) IN GENERAL.—A State that receives a cap10 italization grant under the program— 

11 (A) shall provide loans in accordance with 

12 paragraph (2); and 

13 (B) may provide grants in accordance with 

14 paragraph (3). 

15 (2) LOANS.— 

16 (A) COMMERCIAL ENERGY AUDIT.— 

17 (i) IN GENERAL.—A State that re18 ceives a capitalization grant under the pro19 gram may provide a loan to an eligible re20 cipient described in clause (iv) to conduct 

21 a commercial energy audit. 

22 (ii) AUDIT REQUIREMENTS.—A com23 mercial energy audit conducted using a 

24 loan provided under clause (i) shall— 


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1 (I) determine the overall con2 sumption of energy of the facility of 

3 the eligible recipient; 

4 (II) identify and recommend 

5 lifecycle cost-effective opportunities to 

6 reduce the energy consumption of the 

7 facility of the eligible recipient, includ8 ing through energy efficient— 

9 (aa) lighting; 

10 (bb) heating, ventilation, 

11 and air conditioning systems; 

12 (cc) windows; 

13 (dd) appliances; and 

14 (ee) insulation and building 

15 envelopes; 

16 (III) estimate the energy and 

17 cost savings potential of the opportu18 nities identified in subclause (II) 

19 using software approved by the Sec20 retary; 

21 (IV) identify— 

22 (aa) the period and level of 

23 peak energy demand for each 

24 building within the facility of the 

25 eligible recipient; and 


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1 (bb) the sources of energy 

2 consumption that are contrib3 uting the most to that period of 

4 peak energy demand; 

5 (V) recommend controls and 

6 management systems to reduce or re7 distribute peak energy consumption; 

8 and 

9 (VI) estimate the total energy 

10 and cost savings potential for the fa11 cility of the eligible recipient if all rec12 ommended upgrades and retrofits are 

13 implemented, using software approved 

14 by the Secretary. 

15 (iii) ADDITIONAL AUDIT INCLU16 SIONS.—A commercial energy audit con17 ducted using a loan provided under clause 

18 (i) may recommend strategies to increase 

19 energy efficiency of the facility of the eligi20 ble recipient through use of electric sys21 tems or other high-efficiency systems uti22 lizing fuels, including natural gas and hy23 drogen. 


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1 (iv) ELIGIBLE RECIPIENTS.—An eligi2 ble recipient under clause (i) is a business 

3 that— 

4 (I) conducts the majority of its 

5 business in the State that provides the 

6 loan under that clause; and 

7 (II) owns or operates— 

8 (aa) 1 or more commercial 

9 buildings; or 

10 (bb) commercial space with11 in a building that serves multiple 

12 functions, such as a building for 

13 commercial and residential oper14 ations. 

15 (B) RESIDENTIAL ENERGY AUDITS.— 

16 (i) IN GENERAL.—A State that re17 ceives a capitalization grant under the pro18 gram may provide a loan to an eligible re19 cipient described in clause (iv) to conduct 

20 a residential energy audit. 

21 (ii) RESIDENTIAL ENERGY AUDIT RE22 QUIREMENTS.—A residential energy audit 

23 conducted using a loan under clause (i) 

24 shall— 


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1 (I) utilize the same evaluation 

2 criteria as the Home Performance As3 sessment used in the Energy Star 

4 program established under section 

5 324A of the Energy Policy and Con6 servation Act (42 U.S.C. 6294a); 

7 (II) recommend lifecycle cost-ef8 fective opportunities to reduce energy 

9 consumption within the residential 

10 building of the eligible recipient, in11 cluding through energy efficient— 

12 (aa) lighting; 

13 (bb) heating, ventilation, 

14 and air conditioning systems; 

15 (cc) windows; 

16 (dd) appliances; and 

17 (ee) insulation and building 

18 envelopes; 

19 (III) recommend controls and 

20 management systems to reduce or re21 distribute peak energy consumption; 

22 (IV) compare the energy con23 sumption of the residential building of 

24 the eligible recipient to comparable 


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1 residential buildings in the same geo2 graphic area; and 

3 (V) provide a Home Energy 

4 Score, or equivalent score (as deter5 mined by the Secretary), for the resi6 dential building of the eligible recipi7 ent by using the Home Energy Score 

8 Tool of the Department or an equiva9 lent scoring tool. 

10 (iii) ADDITIONAL AUDIT INCLU11 SIONS.—A residential energy audit con12 ducted using a loan provided under clause 

13 (i) may recommend strategies to increase 

14 energy efficiency of the facility of the eligi15 ble recipient through use of electric sys16 tems or other high-efficiency systems uti17 lizing fuels, including natural gas and hy18 drogen. 

19 (iv) ELIGIBLE RECIPIENTS.—An eligi20 ble recipient under clause (i) is— 

21 (I) an individual who owns— 

22 (aa) a single family home; 

23 (bb) a condominium or du24 plex; or 


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1 (cc) a manufactured housing 

2 unit; or 

3 (II) a business that owns or oper4 ates a multifamily housing facility. 

5 (C) COMMERCIAL AND RESIDENTIAL EN6 ERGY UPGRADES AND RETROFITS.— 

7 (i) IN GENERAL.—A State that re8 ceives a capitalization grant under the pro9 gram may provide a loan to an eligible re10 cipient described in clause (ii) to carry out 

11 upgrades or retrofits of building infrastruc12 ture and systems that— 

13 (I) are recommended in the com14 mercial energy audit or residential en15 ergy audit, as applicable, completed 

16 for the building or facility of the eligi17 ble recipient; 

18 (II) satisfy at least 1 of the cri19 teria in the Home Performance As20 sessment used in the Energy Star 

21 program established under section 

22 324A of the Energy Policy and Con23 servation Act (42 U.S.C. 6294a); 


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1 (III) improve, with respect to the 

2 building or facility of the eligible re3 cipient— 

4 (aa) the physical comfort of 

5 the building or facility occupants; 

6 (bb) the energy efficiency of 

7 the building or facility; or 

8 (cc) the quality of the air in 

9 the building or facility; and 

10 (IV)(aa) are lifecycle cost-effec11 tive; and 

12 (bb)(AA) reduce the energy in13 tensity of the building or facility of 

14 the eligible recipient; or 

15 (BB) improve the control and 

16 management of energy usage of the 

17 building or facility to reduce demand 

18 during peak times. 

19 (ii) ELIGIBLE RECIPIENTS.—An eligi20 ble recipient under clause (i) is an eligible 

21 recipient described in subparagraph (A)(iv) 

22 or (B)(iv) that— 

23 (I) has completed a commercial 

24 energy audit described in subpara25 graph (A) or a residential energy 


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1 audit described in subparagraph (B) 

2 using a loan provided under the appli3 cable subparagraph; or 

4 (II) has completed a commercial 

5 energy audit or residential energy 

6 audit that— 

7 (aa) was not funded by a 

8 loan under this paragraph; and 

9 (bb)(AA) meets the require10 ments for the applicable audit 

11 under subparagraph (A) or (B), 

12 as applicable; or 

13 (BB) the Secretary deter14 mines is otherwise satisfactory. 

15 (iii) LOAN TERM.— 

16 (I) IN GENERAL.—A loan pro17 vided under this subparagraph shall 

18 be required to be fully amortized by 

19 the earlier of— 

20 (aa) subject to subclause 

21 (II), the year in which the up22 grades or retrofits carried out 

23 using the loan exceed their ex24 pected useful life; and 


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1 (bb) 15 years after those up2 grades or retrofits are installed. 

3 (II) CALCULATION.—For pur4 poses of subclause (I)(aa), in the case 

5 of a loan being used to fund multiple 

6 upgrades or retrofits, the longest-lived 

7 upgrade or retrofit shall be used to 

8 calculate the year in which the up9 grades or retrofits carried out using 

10 the loan exceed their expected useful 

11 life. 

12 (D) REFERRAL TO QUALIFIED CONTRAC13 TORS.—Following the completion of an audit 

14 under subparagraph (A) or (B) by an eligible 

15 recipient of a loan under the applicable sub16 paragraph, the State may refer the eligible re17 cipient to a qualified contractor, as determined 

18 by the State, to estimate— 

19 (i) the upfront capital cost of each 

20 recommended upgrade; and 

21 (ii) the total upfront capital cost of 

22 implementing all recommended upgrades. 

23 (E) LOAN RECIPIENTS.—Each State pro24 viding loans under this paragraph shall, to the 

25 maximum extent practicable, provide loans to 


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1 eligible recipients that do not have access to 

2 private capital. 

3 (3) GRANTS AND TECHNICAL ASSISTANCE.— 

4 (A) IN GENERAL.—A State that receives a 

5 capitalization grant under the program may use 

6 not more than 25 percent of the grant funds to 

7 provide grants or technical assistance to eligible 

8 entities described in subparagraph (B) to carry 

9 out the activities described in subparagraphs 

10 (A), (B), and (C) of paragraph (2). 

11 (B) ELIGIBLE ENTITY.—An entity eligible 

12 for a grant or technical assistance under sub13 paragraph (A) is— 

14 (i) a business that— 

15 (I) is an eligible recipient de16 scribed in paragraph (2)(A)(iv); and 

17 (II) has fewer than 500 employ18 ees; or 

19 (ii) a low-income individual (as de20 fined in section 3 of the Workforce Innova21 tion and Opportunity Act (29 U.S.C. 

22 3102)) that owns a residential building. 

23 (4) FINAL ASSESSMENT.—A State that provides 

24 a capitalization grant under paragraph (2)(C) to an 

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1 graph may, not later than 1 year after the date on 

2 which the upgrades or retrofits funded by the grant 

3 under that paragraph are completed, provide to the 

4 eligible recipient a loan or, in accordance with para5 graph (3), a grant to conduct a final energy audit 

6 that assesses the total energy savings from the up7 grades or retrofits. 

8 (5) ADMINISTRATIVE EXPENSES.—A State that 

9 receives a capitalization grant under the program 

10 may use not more than 10 percent of the grant 

11 funds for administrative expenses. 

12 (f) COORDINATION WITH EXISTING PROGRAMS.—A 

13 State receiving a capitalization grant under the program 

14 is encouraged to utilize and build on existing programs 

15 and infrastructure within the State that may aid the State 

16 in carrying out a revolving loan fund program. 

17 (g) LEVERAGING PRIVATE CAPITAL.—A State receiv18 ing a capitalization grant under the program shall, to the 

19 maximum extent practicable, use the grant to leverage pri20 vate capital. 

21 (h) OUTREACH.—The Secretary shall engage in out22 reach to inform States of the availability of capitalization 

23 grants under the program. 

24 (i) REPORT.—Each State that receives a capitaliza25 tion grant under the program shall, not later than 2 years 


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1 after a grant is received, submit to the Secretary a report 

2 that describes— 

3 (1) the number of recipients to which the State 

4 has distributed— 

5 (A) loans for— 

6 (i) commercial energy audits under 

7 subsection (e)(2)(A); 

8 (ii) residential energy audits under 

9 subsection (e)(2)(B); 

10 (iii) energy upgrades and retrofits 

11 under subsection (e)(2)(C); and 

12 (B) grants under subsection (e)(3); and 

13 (2) the average capital cost of upgrades and 

14 retrofits across all commercial energy audits and 

15 residential energy audits that were conducted in the 

16 State using loans provided by the State under sub17 section (e). 

18 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Secretary to carry 

20 out this section $250,000,000 for fiscal year 2022, to re21 main available until expended. 

22 SEC. 5003. ENERGY AUDITOR TRAINING GRANT PROGRAM. 

23 (a) DEFINITIONS.—In this section: 


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1 (1) COVERED CERTIFICATION.—The term ‘‘cov2 ered certification’’ means any of the following certifi3 cations: 

4 (A) The American Society of Heating, Re5 frigerating and Air-Conditioning Engineers 

6 Building Energy Assessment Professional cer7 tification. 

8 (B) The Association of Energy Engineers 

9 Certified Energy Auditor certification. 

10 (C) The Building Performance Institute 

11 Home Energy Professional Energy Auditor cer12 tification. 

13 (D) The Residential Energy Services Net14 work Home Energy Rater certification. 

15 (E) Any other third-party certification rec16 ognized by the Department. 

17 (F) Any third-party certification that the 

18 Secretary determines is equivalent to the certifi19 cations described in subparagraphs (A) through 

20 (E). 

21 (2) ELIGIBLE STATE.—The term ‘‘eligible 

22 State’’ means a State that— 

23 (A) has a demonstrated need for assistance 

24 for training energy auditors; and 


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1 (B) meets any additional criteria deter2 mined necessary by the Secretary. 

3 (b) ESTABLISHMENT.—Under the State Energy Pro4 gram, the Secretary shall establish a competitive grant 

5 program under which the Secretary shall award grants to 

6 eligible States to train individuals to conduct energy au7 dits or surveys of commercial and residential buildings. 

8 (c) APPLICATIONS.— 

9 (1) IN GENERAL.—A State seeking a grant 

10 under subsection (b) shall submit to the Secretary 

11 an application at such time, in such manner, and 

12 containing such information as the Secretary may 

13 require, including the energy auditor training pro14 gram plan described in paragraph (2). 

15 (2) ENERGY AUDITOR TRAINING PROGRAM

16 PLAN.—An energy auditor training program plan 

17 submitted with an application under paragraph (1) 

18 shall include— 

19 (A)(i) a proposed training curriculum for 

20 energy audit trainees; and 

21 (ii) an identification of the covered certifi22 cation that those trainees will receive on com23 pletion of that training curriculum; 

24 (B) the expected per-individual cost of 

25 training; 


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1 (C) a plan for connecting trainees with em2 ployment opportunities; and 

3 (D) any additional information required by 

4 the Secretary. 

5 (d) AMOUNT OF GRANT.—The amount of a grant 

6 awarded to an eligible State under subsection (b)— 

7 (1) shall be determined by the Secretary, taking 

8 into account the population of the eligible State; and 

9 (2) shall not exceed $2,000,000 for any eligible 

10 State. 

11 (e) USE OF FUNDS.— 

12 (1) IN GENERAL.—An eligible State that re13 ceives a grant under subsection (b) shall use the 

14 grant funds— 

15 (A) to cover any cost associated with indi16 viduals being trained or certified to conduct en17 ergy audits by— 

18 (i) the State; or 

19 (ii) a State-certified third party train20 ing program; and 

21 (B) subject to paragraph (2), to pay the 

22 wages of a trainee during the period in which 

23 the trainee receives training and certification. 

24 (2) LIMITATION.—Not more than 10 percent of 

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1 gible State may be used for the purpose described in 

2 paragraph (1)(B). 

3 (f) CONSULTATION.—In carrying out this section, the 

4 Secretary shall consult with the Secretary of Labor. 

5 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Secretary to carry 

7 out this section $40,000,000 for the period of fiscal years 

8 2022 through 2026. 

9 Subtitle B—Buildings 

10 SEC. 5101. COST-EFFECTIVE CODES IMPLEMENTATION FOR 

11 EFFICIENCY AND RESILIENCE. 

12 (a) IN GENERAL.—Title III of the Energy Conserva13 tion and Production Act (42 U.S.C. 6831 et seq.) is 

14 amended by adding at the end the following: 

15 ‘‘SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR 

16 EFFICIENCY AND RESILIENCE. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en19 tity’ means— 

20 ‘‘(A) a relevant State agency, as deter21 mined by the Secretary, such as a State build22 ing code agency, State energy office, or Tribal 

23 energy office; and 

24 ‘‘(B) a partnership. 


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1 ‘‘(2) PARTNERSHIP.—The term ‘partnership’ 

2 means a partnership between an eligible entity de3 scribed in paragraph (1)(A) and 1 or more of the 

4 following entities: 

5 ‘‘(A) Local building code agencies. 

6 ‘‘(B) Codes and standards developers. 

7 ‘‘(C) Associations of builders and design 

8 and construction professionals. 

9 ‘‘(D) Local and utility energy efficiency 

10 programs. 

11 ‘‘(E) Consumer, energy efficiency, and en12 vironmental advocates. 

13 ‘‘(F) Other entities, as determined by the 

14 Secretary. 

15 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

16 the Secretary of Energy. 

17 ‘‘(b) ESTABLISHMENT.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall estab19 lish within the Building Technologies Office of the 

20 Department of Energy a program under which the 

21 Secretary shall award grants on a competitive basis 

22 to eligible entities to enable sustained cost-effective 

23 implementation of updated building energy codes. 

24 ‘‘(2) UPDATED BUILDING ENERGY CODE.—An 

25 update to a building energy code under this section, 


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1 including an amendment that results in increased ef2 ficiency compared to the previously adopted building 

3 energy code, shall include any update made available 

4 after the existing building energy code, even if it is 

5 not the most recent updated code available. 

6 ‘‘(c) CRITERIA; PRIORITY.—In awarding grants 

7 under subsection (b), the Secretary shall— 

8 ‘‘(1) consider— 

9 ‘‘(A) prospective energy savings and plans 

10 to measure the savings, including utilizing the 

11 Environmental Protection Agency Portfolio 

12 Manager, the Home Energy Score rating of the 

13 Office of Energy Efficiency and Renewable En14 ergy of the Department of Energy, the Energy 

15 Star Building rating methodologies of the Envi16 ronmental Protection Agency, and other meth17 odologies determined appropriate by the Sec18 retary; 

19 ‘‘(B) the long-term sustainability of those 

20 measures and savings; 

21 ‘‘(C) prospective benefits, and plans to as22 sess the benefits, including benefits relating 

23 to— 

24 ‘‘(i) resilience and peak load reduc25 tion; 


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1 ‘‘(ii) occupant safety and health; and 

2 ‘‘(iii) environmental performance; 

3 ‘‘(D) the demonstrated capacity of the eli4 gible entity to carry out the proposed project; 

5 and 

6 ‘‘(E) the need of the eligible entity for as7 sistance; and 

8 ‘‘(2) give priority to applications from partner9 ships. 

10 ‘‘(d) ELIGIBLE ACTIVITIES.— 

11 ‘‘(1) IN GENERAL.—An eligible entity awarded 

12 a grant under this section may use the grant 

13 funds— 

14 ‘‘(A) to create or enable State or regional 

15 partnerships to provide training and materials 

16 to— 

17 ‘‘(i) builders, contractors and sub18 contractors, architects, and other design 

19 and construction professionals, relating to 

20 meeting updated building energy codes in a 

21 cost-effective manner; and 

22 ‘‘(ii) building code officials, relating to 

23 improving implementation of and compli24 ance with building energy codes; 


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1 ‘‘(B) to collect and disseminate quan2 titative data on construction and codes imple3 mentation, including code pathways, perform4 ance metrics, and technologies used; 

5 ‘‘(C) to develop and implement a plan for 

6 highly effective codes implementation, including 

7 measuring compliance; 

8 ‘‘(D) to address various implementation 

9 needs in rural, suburban, and urban areas; and 

10 ‘‘(E) to implement updates in energy codes 

11 for— 

12 ‘‘(i) new residential and commercial 

13 buildings (including multifamily buildings); 

14 and 

15 ‘‘(ii) additions and alterations to ex16 isting residential and commercial buildings 

17 (including multifamily buildings). 

18 ‘‘(2) RELATED TOPICS.—Training and mate19 rials provided using a grant under this section may 

20 include information on the relationship between en21 ergy codes and— 

22 ‘‘(A) cost-effective, high-performance, and 

23 zero-net-energy buildings; 

24 ‘‘(B) improving resilience, health, and safe25 ty; 


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1 ‘‘(C) water savings and other environ2 mental impacts; and 

3 ‘‘(D) the economic impacts of energy 

4 codes. 

5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to the Secretary to carry 

7 out this section $225,000,000 for the period of fiscal years 

8 2022 through 2026.’’. 

9 (b) CONFORMING AMENDMENT.—Section 303 of the 

10 Energy Conservation and Production Act (42 U.S.C. 

11 6832) is amended, in the matter preceding paragraph (1), 

12 by striking ‘‘As used in’’ and inserting ‘‘Except as other13 wise provided, in’’. 

14 SEC. 5102. BUILDING, TRAINING, AND ASSESSMENT CEN15 TERS. 

16 (a) IN GENERAL.—The Secretary shall provide 

17 grants to institutions of higher education (as defined in 

18 section 101 of the Higher Education Act of 1965 (20 

19 U.S.C. 1001)) and Tribal Colleges or Universities (as de20 fined in section 316(b) of that Act (20 U.S.C. 1059c(b))) 

21 to establish building training and assessment centers— 

22 (1) to identify opportunities for optimizing en23 ergy efficiency and environmental performance in 

24 buildings; 


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1 (2) to promote the application of emerging con2 cepts and technologies in commercial and institu3 tional buildings; 

4 (3) to train engineers, architects, building sci5 entists, building energy permitting and enforcement 

6 officials, and building technicians in energy-efficient 

7 design and operation; 

8 (4) to assist institutions of higher education 

9 and Tribal Colleges or Universities in training build10 ing technicians; 

11 (5) to promote research and development for 

12 the use of alternative energy sources and distributed 

13 generation to supply heat and power for buildings, 

14 particularly energy-intensive buildings; and 

15 (6) to coordinate with and assist State-accred16 ited technical training centers, community colleges, 

17 Tribal Colleges or Universities, and local offices of 

18 the National Institute of Food and Agriculture and 

19 ensure appropriate services are provided under this 

20 section to each region of the United States. 

21 (b) COORDINATION AND NONDUPLICATION.— 

22 (1) IN GENERAL.—The Secretary shall coordi23 nate the program with the industrial research and 

24 assessment centers program under section 457 of 

25 the Energy Independence and Security Act of 2007 


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1 (as added by section 5201(b)) and with other Fed2 eral programs to avoid duplication of effort. 

3 (2) COLLOCATION.—To the maximum extent 

4 practicable, building, training, and assessment cen5 ters established under this section shall be collocated 

6 with industrial and research assessment centers (as 

7 defined in section 5211). 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to the Secretary to carry 

10 out this section $10,000,000 for fiscal year 2022, to re11 main available until expended. 

12 SEC. 5103. CAREER SKILLS TRAINING. 

13 (a) DEFINITION OF ELIGIBLE ENTITY.—In this sec14 tion, the term ‘‘eligible entity’’ means a nonprofit partner15 ship that— 

16 (1) includes the equal participation of industry, 

17 including public or private employers, and labor or18 ganizations, including joint labor-management train19 ing programs; 

20 (2) may include workforce investment boards, 

21 community-based organizations, qualified service and 

22 conservation corps, educational institutions, small 

23 businesses, cooperatives, State and local veterans 

24 agencies, and veterans service organizations; and 

25 (3) demonstrates— 


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1 (A) experience in implementing and oper2 ating worker skills training and education pro3 grams; 

4 (B) the ability to identify and involve in 

5 training programs carried out under this sec6 tion, target populations of individuals who 

7 would benefit from training and be actively in8 volved in activities relating to energy efficiency 

9 and renewable energy industries; and 

10 (C) the ability to help individuals achieve 

11 economic self-sufficiency. 

12 (b) ESTABLISHMENT.—The Secretary shall award 

13 grants to eligible entities to pay the Federal share of asso14 ciated career skills training programs under which stu15 dents concurrently receive classroom instruction and on16 the-job training for the purpose of obtaining an industry17 related certification to install energy efficient buildings 

18 technologies. 

19 (c) FEDERAL SHARE.—The Federal share of the cost 

20 of carrying out a career skills training program described 

21 in subsection (b) shall be 50 percent. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary to carry 

24 out this section $10,000,000 for fiscal year 2022, to re25 main available until expended. 


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1 SEC. 5104. COMMERCIAL BUILDING ENERGY CONSUMPTION 

2 INFORMATION SHARING. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Energy In6 formation Administration. 

7 (2) AGREEMENT.—The term ‘‘Agreement’’ 

8 means the agreement entered into under subsection 

9 (b). 

10 (3) SURVEY.—The term ‘‘Survey’’ means the 

11 Commercial Building Energy Consumption Survey. 

12 (b) AUTHORIZATION OF AGREEMENT.—Not later 

13 than 120 days after the date of enactment of this Act, 

14 the Administrator and the Administrator of the Environ15 mental Protection Agency shall sign, and submit to Con16 gress, an information sharing agreement relating to com17 mercial building energy consumption data. 

18 (c) CONTENT OF AGREEMENT.—The Agreement 

19 shall— 

20 (1) provide, to the extent permitted by law, 

21 that— 

22 (A) the Administrator shall have access to 

23 building-specific data in the Portfolio Manager 

24 database of the Environmental Protection 

25 Agency; and 


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1 (B) the Administrator of the Environ2 mental Protection Agency shall have access to 

3 building-specific data collected by the Survey; 

4 (2) describe the manner in which the Adminis5 trator shall use the data described in paragraph (1) 

6 and subsection (d); 

7 (3) describe and compare— 

8 (A) the methodologies that the Energy In9 formation Administration, the Environmental 

10 Protection Agency, and State and local govern11 ment managers use to maximize the quality, re12 liability, and integrity of data collected through 

13 the Survey, the Portfolio Manager database of 

14 the Environmental Protection Agency, and 

15 State and local building energy disclosure laws 

16 (including regulations), respectively, and the 

17 manner in which those methodologies can be 

18 improved; and 

19 (B) consistencies and variations in data for 

20 the same buildings captured in— 

21 (i)(I) the 2018 Survey cycle; and 

22 (II) each subsequent Survey cycle; 

23 and 

24 (ii) the Portfolio Manager database of 

25 the Environmental Protection Agency; and 


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1 (4) consider whether, and the methods by 

2 which, the Administrator may collect and publish 

3 new iterations of Survey data every 3 years— 

4 (A) using the Survey processes of the Ad5 ministrator; or 

6 (B) as supplemented by information in the 

7 Portfolio Manager database of the Environ8 mental Protection Agency. 

9 (d) DATA.—The data referred in subsection (c)(2) in10 cludes data that— 

11 (1) is collected through the Portfolio Manager 

12 database of the Environmental Protection Agency; 

13 (2) is required to be publicly available on the 

14 internet under State and local government building 

15 energy disclosure laws (including regulations); and 

16 (3) includes information on private sector build17 ings that are not less than 250,000 square feet. 

18 (e) PROTECTION OF INFORMATION.—In carrying out 

19 the agreement, the Administrator and the Administrator 

20 of the Environmental Protection Agency shall protect in21 formation in accordance with— 

22 (1) section 552(b)(4) of title 5, United States 

23 Code (commonly known as the ‘‘Freedom of Infor24 mation Act’’); 


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1 (2) subchapter III of chapter 35 of title 44, 

2 United States Code; and 

3 (3) any other applicable law (including regula4 tions). 

5 Subtitle C—Industrial Energy 

6 Efficiency 

7 PART I—INDUSTRY 

8 SEC. 5201. FUTURE OF INDUSTRY PROGRAM AND INDUS9 TRIAL RESEARCH AND ASSESSMENT CEN10 TERS. 

11 (a) FUTURE OF INDUSTRY PROGRAM.— 

12 (1) IN GENERAL.—Section 452 of the Energy 

13 Independence and Security Act of 2007 (42 U.S.C. 

14 17111) is amended— 

15 (A) by striking the section heading and in16 serting the following: ‘‘future of industry pro17 gram’’; 

18 (B) in subsection (a)(2)— 

19 (i) by redesignating subparagraph (E) 

20 as subparagraph (F); and 

21 (ii) by inserting after subparagraph 

22 (D) the following: 

23 ‘‘(E) water and wastewater treatment fa24 cilities, including systems that treat municipal, 

25 industrial, and agricultural waste; and’’; 


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1 (C) by striking subsection (e); and 

2 (D) by redesignating subsection (f) as sub3 section (e). 

4 (2) CONFORMING AMENDMENT.—Section 

5 454(b)(2)(C) of the Energy Independence and Secu6 rity Act of 2007 (42 U.S.C. 17113(b)(2)(C)) is 

7 amended by striking ‘‘energy-intensive industries’’ 

8 and inserting ‘‘Future of Industry’’. 

9 (b) INDUSTRIAL RESEARCH AND ASSESSMENT CEN10 TERS.—Subtitle D of title IV of the Energy Independence 

11 and Security Act of 2007 (42 U.S.C. 17111 et seq.) is 

12 amended by adding at the end the following: 

13 ‘‘SEC. 457. INDUSTRIAL RESEARCH AND ASSESSMENT CEN14 TERS. 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) COVERED PROJECT.—The term ‘covered 

17 project’ means a project— 

18 ‘‘(A) that has been recommended in an en19 ergy assessment described in paragraph (2)(A) 

20 conducted for an eligible entity; and 

21 ‘‘(B) with respect to which the plant site 

22 of that eligible entity— 

23 ‘‘(i) improves— 

24 ‘‘(I) energy efficiency; 

25 ‘‘(II) material efficiency; 


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1 ‘‘(III) cybersecurity; or 

2 ‘‘(IV) productivity; or 

3 ‘‘(ii) reduces— 

4 ‘‘(I) waste production; 

5 ‘‘(II) greenhouse gas emissions; 

6 or 

7 ‘‘(III) nongreenhouse gas pollu8 tion. 

9 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means a small- or medium-sized manufacturer 

11 that has had an energy assessment completed by— 

12 ‘‘(A) an industrial research and assessment 

13 center; 

14 ‘‘(B) a Department of Energy Combined 

15 Heat and Power Technical Assistance Partner16 ship jointly with an industrial research and as17 sessment center; or 

18 ‘‘(C) a third-party assessor that provides 

19 an assessment equivalent to an assessment de20 scribed in subparagraph (A) or (B), as deter21 mined by the Secretary. 

22 ‘‘(3) ENERGY SERVICE PROVIDER.—The term 

23 ‘energy service provider’ means— 

24 ‘‘(A) any business providing technology or 

25 services to improve the energy efficiency, water 


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1 efficiency, power factor, or load management of 

2 a manufacturing site or other industrial process 

3 in an energy-intensive industry (as defined in 

4 section 452(a)); and 

5 ‘‘(B) any utility operating under a utility 

6 energy service project. 

7 ‘‘(4) INDUSTRIAL RESEARCH AND ASSESSMENT

8 CENTER.—The term ‘industrial research and assess9 ment center’ means— 

10 ‘‘(A) an institution of higher education11 based industrial research and assessment center 

12 that is funded by the Secretary under sub13 section (b); and 

14 ‘‘(B) an industrial research and assess15 ment center at a trade school, community col16 lege, or union training program that is funded 

17 by the Secretary under subsection (f). 

18 ‘‘(5) PROGRAM.—The term ‘Program’ means 

19 the program for implementation grants established 

20 under subsection (i)(1). 

21 ‘‘(6) SMALL- OR MEDIUM-SIZED MANUFAC22 TURER.—The term ‘small- or medium-sized manu23 facturer’ means a manufacturing firm— 

24 ‘‘(A) the gross annual sales of which are 

25 less than $100,000,000; 


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1 ‘‘(B) that has fewer than 500 employees at 

2 the plant site of the manufacturing firm; and 

3 ‘‘(C) the annual energy bills of which total 

4 more than $100,000 but less than $3,500,000. 

5 ‘‘(b) INSTITUTION OF HIGHER EDUCATION-BASED

6 INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall provide 

8 funding to institution of higher education-based in9 dustrial research and assessment centers. 

10 ‘‘(2) PURPOSE.—The purpose of each institu11 tion of higher education-based industrial research 

12 and assessment center shall be— 

13 ‘‘(A) to provide in-depth assessments of 

14 small- and medium-sized manufacturer plant 

15 sites to evaluate the facilities, services, and 

16 manufacturing operations of the plant sites; 

17 ‘‘(B) to identify opportunities for opti18 mizing energy efficiency and environmental per19 formance, including implementation of— 

20 ‘‘(i) smart manufacturing; 

21 ‘‘(ii) energy management systems; 

22 ‘‘(iii) sustainable manufacturing; 

23 ‘‘(iv) information technology advance24 ments for supply chain analysis, logistics, 

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1 facturing processes, and other purposes; 

2 and 

3 ‘‘(v) waste management systems; 

4 ‘‘(C) to promote applications of emerging 

5 concepts and technologies in small- and me6 dium-sized manufacturers (including water and 

7 wastewater treatment facilities and federally 

8 owned manufacturing facilities); 

9 ‘‘(D) to promote research and development 

10 for the use of alternative energy sources to sup11 ply heat, power, and new feedstocks for energy12 intensive industries; 

13 ‘‘(E) to coordinate with appropriate Fed14 eral and State research offices; 

15 ‘‘(F) to provide a clearinghouse for indus16 trial process and energy efficiency technical as17 sistance resources; and 

18 ‘‘(G) to coordinate with State-accredited 

19 technical training centers and community col20 leges, while ensuring appropriate services to all 

21 regions of the United States. 

22 ‘‘(c) COORDINATION.—To increase the value and ca23 pabilities of the industrial research and assessment cen24 ters, the centers shall— 


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1 ‘‘(1) coordinate with Manufacturing Extension 

2 Partnership Centers of the National Institute of 

3 Standards and Technology; 

4 ‘‘(2) coordinate with the Federal Energy Man5 agement Program and the Building Technologies Of6 fice of the Department of Energy to provide building 

7 assessment services to manufacturers; 

8 ‘‘(3) increase partnerships with the National 

9 Laboratories of the Department of Energy to lever10 age the expertise, technologies, and research and de11 velopment capabilities of the National Laboratories 

12 for national industrial and manufacturing needs; 

13 ‘‘(4) increase partnerships with energy service 

14 providers and technology providers to leverage pri15 vate sector expertise and accelerate deployment of 

16 new and existing technologies and processes for en17 ergy efficiency, power factor, and load management; 

18 ‘‘(5) identify opportunities for reducing green19 house gas emissions and other air emissions; and 

20 ‘‘(6) promote sustainable manufacturing prac21 tices for small- and medium-sized manufacturers. 

22 ‘‘(d) OUTREACH.—The Secretary shall provide fund23 ing for— 

24 ‘‘(1) outreach activities by the industrial re25 search and assessment centers to inform small- and 


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1 medium-sized manufacturers of the information, 

2 technologies, and services available; and 

3 ‘‘(2) coordination activities by each industrial 

4 research and assessment center to leverage efforts 

5 with— 

6 ‘‘(A) Federal, State, and Tribal efforts; 

7 ‘‘(B) the efforts of utilities and energy 

8 service providers; 

9 ‘‘(C) the efforts of regional energy effi10 ciency organizations; and 

11 ‘‘(D) the efforts of other industrial re12 search and assessment centers. 

13 ‘‘(e) CENTERS OF EXCELLENCE.— 

14 ‘‘(1) ESTABLISHMENT.—The Secretary shall es15 tablish a Center of Excellence at not more than 5 

16 of the highest-performing industrial research and as17 sessment centers, as determined by the Secretary. 

18 ‘‘(2) DUTIES.—A Center of Excellence shall co19 ordinate with and advise the industrial research and 

20 assessment centers located in the region of the Cen21 ter of Excellence, including— 

22 ‘‘(A) by mentoring new directors and staff 

23 of the industrial research and assessment cen24 ters with respect to— 

25 ‘‘(i) the availability of resources; and 


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1 ‘‘(ii) best practices for carrying out 

2 assessments, including through the partici3 pation of the staff of the Center of Excel4 lence in assessments carried out by new in5 dustrial research and assessment centers; 

6 ‘‘(B) by providing training to staff and 

7 students at the industrial research and assess8 ment centers on new technologies, practices, 

9 and tools to expand the scope and impact of the 

10 assessments carried out by the centers; 

11 ‘‘(C) by assisting the industrial research 

12 and assessment centers with specialized tech13 nical opportunities, including by providing a 

14 clearinghouse of available expertise and tools to 

15 assist the centers and clients of the centers in 

16 assessing and implementing those opportunities; 

17 ‘‘(D) by identifying and coordinating with 

18 regional, State, local, Tribal, and utility energy 

19 efficiency programs for the purpose of facili20 tating efforts by industrial research and assess21 ment centers to connect industrial facilities re22 ceiving assessments from those centers with re23 gional, State, local, and utility energy efficiency 

24 programs that could aid the industrial facilities 


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1 in implementing any recommendations resulting 

2 from the assessments; 

3 ‘‘(E) by facilitating coordination between 

4 the industrial research and assessment centers 

5 and other Federal programs described in para6 graphs (1) through (3) of subsection (c); and 

7 ‘‘(F) by coordinating the outreach activi8 ties of the industrial research and assessment 

9 centers under subsection (d)(1). 

10 ‘‘(3) FUNDING.—For each fiscal year, out of 

11 any amounts made available to carry out this section 

12 under subsection (j), the Secretary shall use not less 

13 than $500,000 to support each Center of Excellence. 

14 ‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH AND AS15 SESSMENT CENTERS.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall provide 

17 funding to establish additional industrial research 

18 and assessment centers at trade schools, community 

19 colleges, and union training programs. 

20 ‘‘(2) PURPOSE.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), to the maximum extent practicable, 

23 an industrial research and assessment center 

24 established under paragraph (1) shall have the 

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1 cation-based industrial research center that is 

2 funded by the Secretary under subsection 

3 (b)(1). 

4 ‘‘(B) CONSIDERATION OF CAPABILITIES.— 

5 In evaluating or establishing the purpose of an 

6 industrial research and assessment center es7 tablished under paragraph (1), the Secretary 

8 shall take into consideration the varying capa9 bilities of trade schools, community colleges, 

10 and union training programs. 

11 ‘‘(g) WORKFORCE TRAINING.— 

12 ‘‘(1) INTERNSHIPS.—The Secretary shall pay 

13 the Federal share of associated internship programs 

14 under which students work with or for industries, 

15 manufacturers, and energy service providers to im16 plement the recommendations of industrial research 

17 and assessment centers. 

18 ‘‘(2) APPRENTICESHIPS.—The Secretary shall 

19 pay the Federal share of associated apprenticeship 

20 programs under which— 

21 ‘‘(A) students work with or for industries, 

22 manufacturers, and energy service providers to 

23 implement the recommendations of industrial 

24 research and assessment centers; and 


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1 ‘‘(B) employees of facilities that have re2 ceived an assessment from an industrial re3 search and assessment center work with or for 

4 an industrial research and assessment center to 

5 gain knowledge on engineering practices and 

6 processes to improve productivity and energy 

7 savings. 

8 ‘‘(3) FEDERAL SHARE.—The Federal share of 

9 the cost of carrying out internship programs de10 scribed in paragraph (1) and apprenticeship pro11 grams described in paragraph (2) shall be 50 per12 cent. 

13 ‘‘(h) SMALL BUSINESS LOANS.—The Administrator 

14 of the Small Business Administration shall, to the max15 imum extent practicable, expedite consideration of applica16 tions from eligible small business concerns for loans under 

17 the Small Business Act (15 U.S.C. 631 et seq.) to imple18 ment recommendations developed by the industrial re19 search and assessment centers. 

20 ‘‘(i) IMPLEMENTATION GRANTS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall estab22 lish a program under which the Secretary shall pro23 vide grants to eligible entities to implement covered 

24 projects. 


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1 ‘‘(2) APPLICATION.—An eligible entity seeking 

2 a grant under the Program shall submit to the Sec3 retary an application at such time, in such manner, 

4 and containing such information as the Secretary 

5 may require, including a demonstration of need for 

6 financial assistance to implement the proposed cov7 ered project. 

8 ‘‘(3) PRIORITY.—In awarding grants under the 

9 Program, the Secretary shall give priority to eligible 

10 entities that— 

11 ‘‘(A) have had an energy assessment com12 pleted by an industrial research and assessment 

13 center; and 

14 ‘‘(B) propose to carry out a covered project 

15 with a greater potential for— 

16 ‘‘(i) energy efficiency gains; or 

17 ‘‘(ii) greenhouse gas emissions reduc18 tions. 

19 ‘‘(4) GRANT AMOUNT.— 

20 ‘‘(A) MAXIMUM AMOUNT.—The amount of 

21 a grant provided to an eligible entity under the 

22 Program shall not exceed $300,000. 

23 ‘‘(B) FEDERAL SHARE.—A grant awarded 

24 under the Program for a covered project shall 


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1 be in an amount that is not more than 50 per2 cent of the cost of the covered project. 

3 ‘‘(C) SUPPLEMENT.—A grant received by 

4 an eligible entity under the Program shall sup5 plement, not supplant, any private or State 

6 funds available to the eligible entity to carry 

7 out the covered project. 

8 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Secretary for the 

10 period of fiscal years 2022 through 2026— 

11 ‘‘(1) $150,000,000 to carry out subsections (a) 

12 through (h); and 

13 ‘‘(2) $400,000,000 to carry out subsection (i).’’. 

14 (c) CLERICAL AMENDMENT.—The table of contents 

15 of the Energy Independence and Security Act of 2007 (42 

16 U.S.C. prec. 17001) is amended by adding at the end of 

17 the items relating to subtitle D of title IV the following: 

‘‘457. Industrial research and assessment centers.’’. 

18 SEC. 5202. SUSTAINABLE MANUFACTURING INITIATIVE. 

19 (a) IN GENERAL.—Part E of title III of the Energy 

20 Policy and Conservation Act (42 U.S.C. 6341 et seq.) is 

21 amended by adding at the end the following: 

22 ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 

23 ‘‘(a) IN GENERAL.—As part of the Office of Energy 

24 Efficiency and Renewable Energy of the Department of 

25 Energy, the Secretary, on the request of a manufacturer, 


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1 shall carry out onsite technical assessments to identify op2 portunities for— 

3 ‘‘(1) maximizing the energy efficiency of indus4 trial processes and cross-cutting systems; 

5 ‘‘(2) preventing pollution and minimizing waste; 

6 ‘‘(3) improving efficient use of water in manu7 facturing processes; 

8 ‘‘(4) conserving natural resources; and 

9 ‘‘(5) achieving such other goals as the Secretary 

10 determines to be appropriate. 

11 ‘‘(b) COORDINATION.—To implement any rec12 ommendations resulting from an onsite technical assess13 ment carried out under subsection (a) and to accelerate 

14 the adoption of new and existing technologies and proc15 esses that improve energy efficiency, the Secretary shall 

16 coordinate with— 

17 ‘‘(1) the Advanced Manufacturing Office of the 

18 Department of Energy; 

19 ‘‘(2) the Building Technologies Office of the 

20 Department of Energy; 

21 ‘‘(3) the Federal Energy Management Program 

22 of the Department of Energy; and 

23 ‘‘(4) the private sector and other appropriate 

24 agencies, including the National Institute of Stand25 ards and Technology. 


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1 ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR

2 SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH3 NOLOGIES AND PROCESSES.—As part of the industrial ef4 ficiency programs of the Department of Energy, the Sec5 retary shall carry out a joint industry-government partner6 ship program to research, develop, and demonstrate new 

7 sustainable manufacturing and industrial technologies and 

8 processes that maximize the energy efficiency of industrial 

9 plants, reduce pollution, and conserve natural resources.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 of the Energy Policy and Conservation Act (42 U.S.C. 

12 prec. 6201) is amended by adding at the end of the items 

13 relating to part E of title III the following: 

‘‘376. Sustainable manufacturing initiative.’’. 

14 PART II—SMART MANUFACTURING 

15 SEC. 5211. DEFINITIONS. 

16 In this part: 

17 (1) ENERGY MANAGEMENT SYSTEM.—The term 

18 ‘‘energy management system’’ means a business 

19 management process based on standards of the 

20 American National Standards Institute that enables 

21 an organization to follow a systematic approach in 

22 achieving continual improvement of energy perform23 ance, including energy efficiency, security, use, and 

24 consumption. 


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1 (2) INDUSTRIAL AND RESEARCH ASSESSMENT

2 CENTER.—The term ‘‘industrial and research assess3 ment center’’ means a center located at an institu4 tion of higher education, a trade school, a commu5 nity college, or a union training program that— 

6 (A) receives funding from the Department; 

7 (B) provides an in-depth assessment of 

8 small- and medium-size manufacturer plant 

9 sites to evaluate the facilities, services, and 

10 manufacturing operations of the plant site; and 

11 (C) identifies opportunities for potential 

12 savings for small- and medium-size manufac13 turer plant sites from energy efficiency improve14 ments, waste minimization, pollution preven15 tion, and productivity improvement. 

16 (3) INFORMATION AND COMMUNICATION TECH17 NOLOGY.—The term ‘‘information and communica18 tion technology’’ means any electronic system or 

19 equipment (including the content contained in the 

20 system or equipment) used to create, convert, com21 municate, or duplicate data or information, including 

22 computer hardware, firmware, software, communica23 tion protocols, networks, and data interfaces. 

24 (4) INSTITUTION OF HIGHER EDUCATION.—The 

25 term ‘‘institution of higher education’’ has the 


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1 meaning given the term in section 101(a) of the 

2 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

3 (5) NORTH AMERICAN INDUSTRY CLASSIFICA4 TION SYSTEM.—The term ‘‘North American Indus5 try Classification System’’ means the standard used 

6 by Federal statistical agencies in classifying business 

7 establishments for the purpose of collecting, ana8 lyzing, and publishing statistical data relating to the 

9 business economy of the United States. 

10 (6) SMALL AND MEDIUM MANUFACTURERS.— 

11 The term ‘‘small and medium manufacturers’’ 

12 means manufacturing firms— 

13 (A) classified in the North American In14 dustry Classification System as any of sectors 

15 31 through 33; 

16 (B) with gross annual sales of less than 

17 $100,000,000; 

18 (C) with fewer than 500 employees at the 

19 plant site; and 

20 (D) with annual energy bills totaling more 

21 than $100,000 and less than $3,500,000. 

22 (7) SMART MANUFACTURING.—The term 

23 ‘‘smart manufacturing’’ means advanced tech24 nologies in information, automation, monitoring, 


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1 computation, sensing, modeling, artificial intel2 ligence, analytics, and networking that— 

3 (A) digitally— 

4 (i) simulate manufacturing production 

5 lines; 

6 (ii) operate computer-controlled man7 ufacturing equipment; 

8 (iii) monitor and communicate pro9 duction line status; and 

10 (iv) manage and optimize energy pro11 ductivity and cost throughout production; 

12 (B) model, simulate, and optimize the en13 ergy efficiency of a factory building; 

14 (C) monitor and optimize building energy 

15 performance; 

16 (D) model, simulate, and optimize the de17 sign of energy efficient and sustainable prod18 ucts, including the use of digital prototyping 

19 and additive manufacturing to enhance product 

20 design; 

21 (E) connect manufactured products in net22 works to monitor and optimize the performance 

23 of the networks, including automated network 

24 operations; and 


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1 (F) digitally connect the supply chain net2 work. 

3 SEC. 5212. LEVERAGING EXISTING AGENCY PROGRAMS TO 

4 ASSIST SMALL AND MEDIUM MANUFACTUR5 ERS. 

6 The Secretary shall expand the scope of technologies 

7 covered by the industrial and research assessment centers 

8 of the Department— 

9 (1) to include smart manufacturing technologies 

10 and practices; and 

11 (2) to equip the directors of the industrial and 

12 research assessment centers with the training and 

13 tools necessary to provide technical assistance in 

14 smart manufacturing technologies and practices, in15 cluding energy management systems, to manufactur16 ers. 

17 SEC. 5213. LEVERAGING SMART MANUFACTURING INFRA18 STRUCTURE AT NATIONAL LABORATORIES. 

19 (a) STUDY.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, the Sec22 retary shall conduct a study on how the Department 

23 can increase access to existing high-performance 

24 computing resources in the National Laboratories, 

25 particularly for small and medium manufacturers. 


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1 (2) INCLUSIONS.—In identifying ways to in2 crease access to National Laboratories under para3 graph (1), the Secretary shall— 

4 (A) focus on increasing access to the com5 puting facilities of the National Laboratories; 

6 and 

7 (B) ensure that— 

8 (i) the information from the manufac9 turer is protected; and 

10 (ii) the security of the National Lab11 oratory facility is maintained. 

12 (3) REPORT.—Not later than 1 year after the 

13 date of enactment of this Act, the Secretary shall 

14 submit to Congress a report describing the results of 

15 the study. 

16 (b) ACTIONS FOR INCREASED ACCESS.—The Sec17 retary shall facilitate access to the National Laboratories 

18 studied under subsection (a) for small and medium manu19 facturers so that small and medium manufacturers can 

20 fully use the high-performance computing resources of the 

21 National Laboratories to enhance the manufacturing com22 petitiveness of the United States. 

23 SEC. 5214. STATE MANUFACTURING LEADERSHIP. 

24 (a) FINANCIAL ASSISTANCE AUTHORIZED.—The 

25 Secretary may provide financial assistance on a competiVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 tive basis to States for the establishment of programs to 

2 be used as models for supporting the implementation of 

3 smart manufacturing technologies. 

4 (b) APPLICATIONS.— 

5 (1) IN GENERAL.—To be eligible to receive fi6 nancial assistance under this section, a State shall 

7 submit to the Secretary an application at such time, 

8 in such manner, and containing such information as 

9 the Secretary may require. 

10 (2) CRITERIA.—The Secretary shall evaluate an 

11 application for financial assistance under this section 

12 on the basis of merit using criteria identified by the 

13 Secretary, including— 

14 (A) technical merit, innovation, and im15 pact; 

16 (B) research approach, workplan, and 

17 deliverables; 

18 (C) academic and private sector partners; 

19 and 

20 (D) alternate sources of funding. 

21 (c) REQUIREMENTS.— 

22 (1) TERM.—The term of an award of financial 

23 assistance under this section shall not exceed 3 

24 years. 


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1 (2) MAXIMUM AMOUNT.—The amount of an 

2 award of financial assistance under this section shall 

3 be not more than $2,000,000. 

4 (3) MATCHING REQUIREMENT.—Each State 

5 that receives financial assistance under this section 

6 shall contribute matching funds in an amount equal 

7 to not less than 30 percent of the amount of the fi8 nancial assistance. 

9 (d) USE OF FUNDS.—A State may use financial as10 sistance provided under this section— 

11 (1) to facilitate access to high-performance 

12 computing resources for small and medium manufac13 turers; and 

14 (2) to provide assistance to small and medium 

15 manufacturers to implement smart manufacturing 

16 technologies and practices. 

17 (e) EVALUATION.—The Secretary shall conduct semi18 annual evaluations of each award of financial assistance 

19 under this section— 

20 (1) to determine the impact and effectiveness of 

21 programs funded with the financial assistance; and 

22 (2) to provide guidance to States on ways to 

23 better execute the program of the State. 

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to the Secretary to carry 


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1 out this section $50,000,000 for the period of fiscal years 

2 2022 through 2026. 

3 SEC. 5215. REPORT. 

4 The Secretary annually shall submit to Congress and 

5 make publicly available a report on the progress made in 

6 advancing smart manufacturing in the United States. 

7 Subtitle D—Schools and Nonprofits 

8 SEC. 5301. GRANTS FOR ENERGY EFFICIENCY IMPROVE9 MENTS AND RENEWABLE ENERGY IMPROVE10 MENTS AT PUBLIC SCHOOL FACILITIES. 

11 (a) DEFINITIONS.—In this section: 

12 (1) ALTERNATIVE FUELED VEHICLE.—The 

13 term ‘‘alternative fueled vehicle’’ has the meaning 

14 given the term in section 301 of the Energy Policy 

15 Act of 1992 (42 U.S.C. 13211). 

16 (2) ALTERNATIVE FUELED VEHICLE INFRA17 STRUCTURE.—The term ‘‘alternative fueled vehicle 

18 infrastructure’’ means infrastructure used to charge 

19 or fuel an alternative fueled vehicle. 

20 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti21 ty’’ means a consortium of— 

22 (A) 1 local educational agency; and 

23 (B) 1 or more— 

24 (i) schools; 


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1 (ii) nonprofit organizations that have 

2 the knowledge and capacity to partner and 

3 assist with energy improvements; 

4 (iii) for-profit organizations that have 

5 the knowledge and capacity to partner and 

6 assist with energy improvements; or 

7 (iv) community partners that have the 

8 knowledge and capacity to partner and as9 sist with energy improvements. 

10 (4) ENERGY IMPROVEMENT.—The term ‘‘en11 ergy improvement’’ means— 

12 (A) any improvement, repair, or renovation 

13 to a school that results in a direct reduction in 

14 school energy costs, including improvements to 

15 the envelope, air conditioning system, ventila16 tion system, heating system, domestic hot water 

17 heating system, compressed air system, dis18 tribution system, lighting system, power system, 

19 and controls of a building; 

20 (B) any improvement, repair, or renovation 

21 to, or installation in, a school that— 

22 (i) leads to an improvement in teacher 

23 and student health, including indoor air 

24 quality; and 

25 (ii) achieves energy savings; 


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1 (C) any improvement, repair, or renovation 

2 to a school involving the installation of renew3 able energy technologies; 

4 (D) the installation of alternative fueled 

5 vehicle infrastructure on school grounds for— 

6 (i) exclusive use of school buses, 

7 school fleets, or students; or 

8 (ii) the general public; and 

9 (E) the purchase or lease of alternative 

10 fueled vehicles to be used by a school, including 

11 school buses, fleet vehicles, and other oper12 ational vehicles. 

13 (5) HIGH SCHOOL.—The term ‘‘high school’’ 

14 has the meaning given the term in section 8101 of 

15 the Elementary and Secondary Education Act of 

16 1965 (20 U.S.C. 7801). 

17 (6) LOCAL EDUCATIONAL AGENCY.—The term 

18 ‘‘local educational agency’’ has the meaning given 

19 the term in section 8101 of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C. 7801). 

21 (7) NONPROFIT ORGANIZATION.—The term 

22 ‘‘nonprofit organization’’ means a nonprofit organi23 zation described in section 501(c)(3) of the Internal 

24 Revenue Code of 1986 that is exempt from tax 

25 under section 501(a) of such Code. 


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1 (8) PARTNERING LOCAL EDUCATIONAL AGEN2 CY.—The term ‘‘partnering local educational agen3 cy’’, with respect to an eligible entity, means the 

4 local educational agency participating in the consor5 tium of the eligible entity. 

6 (b) GRANTS.—The Secretary shall award competitive 

7 grants to eligible entities to make energy improvements 

8 in accordance with this section. 

9 (c) APPLICATIONS.— 

10 (1) IN GENERAL.—An eligible entity desiring a 

11 grant under this section shall submit to the Sec12 retary an application at such time, in such manner, 

13 and containing such information as the Secretary 

14 may require. 

15 (2) CONTENTS.—The application submitted 

16 under paragraph (1) shall include each of the fol17 lowing: 

18 (A) A needs assessment of the current con19 dition of the school and school facilities that 

20 would receive the energy improvements if the 

21 application were approved. 

22 (B) A draft work plan of the intended 

23 achievements of the eligible entity at the school. 


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1 (C) A description of the energy improve2 ments that the eligible entity would carry out at 

3 the school if the application were approved. 

4 (D) A description of the capacity of the eli5 gible entity to provide services and comprehen6 sive support to make the energy improvements 

7 referred to in subparagraph (C). 

8 (E) An assessment of the expected needs 

9 of the eligible entity for operation and mainte10 nance training funds, and a plan for use of 

11 those funds, if applicable. 

12 (F) An assessment of the expected energy 

13 efficiency, energy savings, and safety benefits of 

14 the energy improvements. 

15 (G) A cost estimate of the proposed energy 

16 improvements. 

17 (H) An identification of other resources 

18 that are available to carry out the activities for 

19 which grant funds are requested under this sec20 tion, including the availability of utility pro21 grams and public benefit funds. 

22 (d) PRIORITY.— 

23 (1) IN GENERAL.—In awarding grants under 

24 this section, the Secretary shall give priority to an 

25 eligible entity— 


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1 (A) that has renovation, repair, and im2 provement funding needs; 

3 (B)(i) that, as determined by the Sec4 retary, serves a high percentage of students, in5 cluding students in a high school in accordance 

6 with paragraph (2), who are eligible for a free 

7 or reduced price lunch under the Richard B. 

8 Russell National School Lunch Act (42 U.S.C. 

9 1751 et seq.); or 

10 (ii) the partnering local educational agency 

11 of which is designated with a school district lo12 cale code of 41, 42, or 43, as determined by the 

13 National Center for Education Statistics in con14 sultation with the Bureau of the Census; and 

15 (C) that leverages private sector invest16 ment through energy-related performance con17 tracting. 

18 (2) HIGH SCHOOL STUDENTS.—In the case of 

19 students in a high school, the percentage of students 

20 eligible for a free or reduced price lunch described 

21 in paragraph (1)(B)(i) shall be calculated using data 

22 from the schools that feed into the high school. 

23 (e) COMPETITIVE CRITERIA.—The competitive cri24 teria used by the Secretary to award grants under this 

25 section shall include the following: 


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1 (1) The extent of the disparity between the fis2 cal capacity of the eligible entity to carry out energy 

3 improvements at school facilities and the needs of 

4 the partnering local educational agency for those en5 ergy improvements, including consideration of— 

6 (A) the current and historic ability of the 

7 partnering local educational agency to raise 

8 funds for construction, renovation, moderniza9 tion, and major repair projects for schools; 

10 (B) the ability of the partnering local edu11 cational agency to issue bonds or receive other 

12 funds to support the current infrastructure 

13 needs of the partnering local educational agency 

14 for schools; and 

15 (C) the bond rating of the partnering local 

16 educational agency. 

17 (2) The likelihood that the partnering local edu18 cational agency or eligible entity will maintain, in 

19 good condition, any school and school facility that is 

20 the subject of improvements. 

21 (3) The potential energy efficiency and safety 

22 benefits from the proposed energy improvements. 

23 (f) USE OF GRANT AMOUNTS.— 

24 (1) IN GENERAL.—Except as provided in this 

25 subsection, an eligible entity receiving a grant under 


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1 this section shall use the grant amounts only to 

2 make the energy improvements described in the ap3 plication submitted by the eligible entity under sub4 section (c). 

5 (2) OPERATION AND MAINTENANCE TRAIN6 ING.—An eligible entity receiving a grant under this 

7 section may use not more than 5 percent of the 

8 grant amounts for operation and maintenance train9 ing for energy efficiency and renewable energy im10 provements, such as maintenance staff and teacher 

11 training, education, and preventative maintenance 

12 training. 

13 (3) THIRD-PARTY INVESTIGATION AND ANAL14 YSIS.—An eligible entity receiving a grant under this 

15 section may use a portion of the grant amounts for 

16 a third-party investigation and analysis of the en17 ergy improvements carried out by the eligible entity, 

18 such as energy audits and existing building commis19 sioning. 

20 (4) CONTINUING EDUCATION.—An eligible enti21 ty receiving a grant under this section may use not 

22 more than 3 percent of the grant amounts to develop 

23 a continuing education curriculum relating to energy 

24 improvements. 


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1 (g) COMPETITION IN CONTRACTING.—If an eligible 

2 entity receiving a grant under this section uses grant 

3 funds to carry out repair or renovation through a contract, 

4 the eligible entity shall be required to ensure that the con5 tract process— 

6 (1) through full and open competition, ensures 

7 the maximum practicable number of qualified bid8 ders, including small, minority, and women-owned 

9 businesses; and 

10 (2) gives priority to businesses located in, or re11 sources common to, the State or geographical area 

12 in which the repair or renovation under the contract 

13 will be carried out. 

14 (h) BEST PRACTICES.—The Secretary shall develop 

15 and publish guidelines and best practices for activities car16 ried out under this section. 

17 (i) REPORT BY ELIGIBLE ENTITY.—An eligible entity 

18 receiving a grant under this section shall submit to the 

19 Secretary, at such time as the Secretary may require, a 

20 report describing— 

21 (1) the use of the grant funds for energy im22 provements; 

23 (2) the estimated cost savings realized by those 

24 energy improvements; 


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1 (3) the results of any third-party investigation 

2 and analysis conducted relating to those energy im3 provements; 

4 (4) the use of any utility programs and public 

5 benefit funds; and 

6 (5) the use of performance tracking for energy 

7 improvements, such as— 

8 (A) the Energy Star program established 

9 under section 324A of the Energy Policy and 

10 Conservation Act (42 U.S.C. 6294a); or 

11 (B) the United States Green Building 

12 Council Leadership in Energy and Environ13 mental Design (LEED) green building rating 

14 system for existing buildings. 

15 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary to carry 

17 out this section $500,000,000 for the period of fiscal years 

18 2022 through 2026. 

19 SEC. 5302. ENERGY EFFICIENCY MATERIALS PILOT PRO20 GRAM. 

21 (a) DEFINITIONS.—In this section: 

22 (1) APPLICANT.—The term ‘‘applicant’’ means 

23 a nonprofit organization that applies for a grant 

24 under this section. 

25 (2) ENERGY-EFFICIENCY MATERIAL.— 


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1 (A) IN GENERAL.—The term ‘‘energy-effi2 ciency material’’ means a material (including a 

3 product, equipment, or system) the installation 

4 of which results in a reduction in use by a non5 profit organization of energy or fuel. 

6 (B) INCLUSIONS.—The term ‘‘energy-effi7 ciency material’’ includes— 

8 (i) a roof or lighting system or compo9 nent of the system; 

10 (ii) a window; 

11 (iii) a door, including a security door; 

12 and 

13 (iv) a heating, ventilation, or air con14 ditioning system or component of the sys15 tem (including insulation and wiring and 

16 plumbing improvements needed to serve a 

17 more efficient system). 

18 (3) NONPROFIT BUILDING.—The term ‘‘non19 profit building’’ means a building operated and 

20 owned by an organization that is described in section 

21 501(c)(3) of the Internal Revenue Code of 1986 and 

22 exempt from tax under section 501(a) of such Code. 

23 (b) ESTABLISHMENT.—Not later than 1 year after 

24 the date of enactment of this Act, the Secretary shall es25 tablish a pilot program to award grants for the purpose 


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1 of providing nonprofit buildings with energy-efficiency ma2 terials. 

3 (c) GRANTS.— 

4 (1) IN GENERAL.—The Secretary may award 

5 grants under the program established under sub6 section (b). 

7 (2) APPLICATION.—The Secretary may award a 

8 grant under paragraph (1) if an applicant submits 

9 to the Secretary an application at such time, in such 

10 form, and containing such information as the Sec11 retary may prescribe. 

12 (3) CRITERIA FOR GRANT.—In determining 

13 whether to award a grant under paragraph (1), the 

14 Secretary shall apply performance-based criteria, 

15 which shall give priority to applicants based on— 

16 (A) the energy savings achieved; 

17 (B) the cost effectiveness of the use of en18 ergy-efficiency materials; 

19 (C) an effective plan for evaluation, meas20 urement, and verification of energy savings; and 

21 (D) the financial need of the applicant. 

22 (4) LIMITATION ON INDIVIDUAL GRANT

23 AMOUNT.—Each grant awarded under this section 

24 shall not exceed $200,000. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary to carry 

3 out this section $50,000,000 for the period of fiscal years 

4 2022 through 2026, to remain available until expended. 

5 Subtitle E—Miscellaneous 

6 SEC. 5401. WEATHERIZATION ASSISTANCE PROGRAM. 

7 There is authorized to be appropriated to the Sec8 retary for the weatherization assistance program estab9 lished under part A of title IV of the Energy Conservation 

10 and Production Act (42 U.S.C. 6861 et seq.) 

11 $3,500,000,000 for fiscal year 2022, to remain available 

12 until expended. 

13 SEC. 5402. ENERGY EFFICIENCY AND CONSERVATION 

14 BLOCK GRANT PROGRAM. 

15 (a) USE OF FUNDS.—Section 544 of the Energy 

16 Independence and Security Act of 2007 (42 U.S.C. 

17 17154) is amended— 

18 (1) in paragraph (13)(D), by striking ‘‘and’’ 

19 after the semicolon; 

20 (2) by redesignating paragraph (14) as para21 graph (15); and 

22 (3) by inserting after paragraph (13) the fol23 lowing: 

24 ‘‘(14) programs for financing energy efficiency, 

25 renewable energy, and zero-emission transportation 


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1 (and associated infrastructure), capital investments, 

2 projects, and programs, which may include loan pro3 grams and performance contracting programs, for 

4 leveraging of additional public and private sector 

5 funds, and programs that allow rebates, grants, or 

6 other incentives for the purchase and installation of 

7 energy efficiency, renewable energy, and zero-emis8 sion transportation (and associated infrastructure) 

9 measures; and’’. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to the Secretary for the En12 ergy Efficiency and Conservation Block Grant Program 

13 established under section 542(a) of the Energy Independ14 ence and Security Act of 2007 (42 U.S.C. 17152(a)) 

15 $550,000,000 for fiscal year 2022, to remain available 

16 until expended. 

17 SEC. 5403. SURVEY, ANALYSIS, AND REPORT ON EMPLOY18 MENT AND DEMOGRAPHICS IN THE ENERGY, 

19 ENERGY EFFICIENCY, AND MOTOR VEHICLE 

20 SECTORS OF THE UNITED STATES. 

21 (a) ENERGY JOBS COUNCIL.— 

22 (1) ESTABLISHMENT.—The Secretary shall es23 tablish a council, to be known as the ‘‘Energy Jobs 

24 Council’’ (referred to in this section as the ‘‘Coun25 cil’’). 


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1 (2) MEMBERSHIP.—The Council shall be com2 prised of— 

3 (A) to be appointed by the Secretary— 

4 (i) 1 or more representatives of the 

5 Energy Information Administration; and 

6 (ii) 1 or more representatives of a 

7 State energy office that are serving as 

8 members of the State Energy Advisory 

9 Board established by section 365(g) of the 

10 Energy Policy and Conservation Act (42 

11 U.S.C. 6325(g)); 

12 (B) to be appointed by the Secretary of 

13 Commerce— 

14 (i) 1 or more representatives of the 

15 Department of Commerce; and 

16 (ii) 1 or more representatives of the 

17 Bureau of the Census; 

18 (C) 1 or more representatives of the Bu19 reau of Labor Statistics, to be appointed by the 

20 Secretary of Labor; and 

21 (D) 1 or more representatives of any other 

22 Federal agency the assistance of which is re23 quired to carry out this section, as determined 

24 by the Secretary, to be appointed by the head 

25 of the applicable agency. 


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1 (b) SURVEY AND ANALYSIS.— 

2 (1) IN GENERAL.—The Council shall— 

3 (A) conduct a survey of employers in the 

4 energy, energy efficiency, and motor vehicle sec5 tors of the economy of the United States; and 

6 (B) perform an analysis of the employment 

7 figures and demographics in those sectors, in8 cluding the number of personnel in each sector 

9 who devote a substantial portion of working 

10 hours, as determined by the Secretary, to regu11 latory compliance matters. 

12 (2) METHODOLOGY.—In conducting the survey 

13 and analysis under paragraph (1), the Council shall 

14 employ a methodology that— 

15 (A) was approved in 2016 by the Office of 

16 Management and Budget for use in the docu17 ment entitled ‘‘OMB Control Number 1910– 

18 5179’’; 

19 (B) uses a representative, stratified sam20 pling of businesses in the United States; and 

21 (C) is designed to elicit a comparable num22 ber of responses from businesses in each State 

23 and with the same North American Industry 

24 Classification System codes as were received for 


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1 the 2016 and 2017 reports entitled ‘‘U.S. En2 ergy and Employment Report’’. 

3 (3) CONSULTATION.—In conducting the survey 

4 and analysis under paragraph (1), the Council shall 

5 consult with key stakeholders, including— 

6 (A) as the Council determines to be appro7 priate, the heads of relevant Federal agencies 

8 and offices, including— 

9 (i) the Secretary of Commerce; 

10 (ii) the Secretary of Transportation; 

11 (iii) the Director of the Bureau of the 

12 Census; 

13 (iv) the Commissioner of the Bureau 

14 of Labor Statistics; and 

15 (v) the Administrator of the Environ16 mental Protection Agency; 

17 (B) States; 

18 (C) the State Energy Advisory Board es19 tablished by section 365(g) of the Energy Pol20 icy and Conservation Act (42 U.S.C. 6325(g)); 

21 and 

22 (D) energy industry trade associations. 

23 (c) REPORT.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, and annually 

3 thereafter, the Secretary shall— 

4 (A) make publicly available on the website 

5 of the Department a report, to be entitled the 

6 ‘‘U.S. Energy and Employment Report’’, de7 scribing the employment figures and demo8 graphics in the energy, energy efficiency, and 

9 motor vehicle sectors of the United States, and 

10 the average number of hours devoted to regu11 latory compliance, based on the survey and 

12 analysis conducted under subsection (b); and 

13 (B) subject to the requirements of sub14 chapter III of chapter 35 of title 44, United 

15 States Code, make the data collected by the 

16 Council publicly available on the website of the 

17 Department. 

18 (2) CONTENTS.— 

19 (A) IN GENERAL.—The report under para20 graph (1) shall include employment figures and 

21 demographic data for— 

22 (i) the energy sector of the economy 

23 of the United States, including— 

24 (I) the electric power generation 

25 and fuels sector; and 


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1 (II) the transmission, storage, 

2 and distribution sector; 

3 (ii) the energy efficiency sector of the 

4 economy of the United States; and 

5 (iii) the motor vehicle sector of the 

6 economy of the United States. 

7 (B) INCLUSION.—With respect to each sec8 tor described in subparagraph (A), the report 

9 under paragraph (1) shall include employment 

10 figures and demographic data sorted by— 

11 (i) each technology, subtechnology, 

12 and fuel type of those sectors; and 

13 (ii) subject to the requirements of the 

14 Confidential Information Protection and 

15 Statistical Efficiency Act of 2002 (44 

16 U.S.C. 3501 note; Public Law 107–347)— 

17 (I) each State; 

18 (II) each territory of the United 

19 States; 

20 (III) the District of Columbia; 

21 and 

22 (IV) each county (or equivalent 

23 jurisdiction) in the United States. 


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1 SEC. 5404. ASSISTING FEDERAL FACILITIES WITH ENERGY 

2 CONSERVATION TECHNOLOGIES GRANT PRO3 GRAM. 

4 There is authorized to be appropriated to the Sec5 retary to provide grants authorized under section 546(b) 

6 of the National Energy Conservation Policy Act (42 

7 U.S.C. 8256(b)), $250,000,000 for fiscal year 2022, to re8 main available until expended. 

9 SEC. 5405. REBATES. 

10 There are authorized to be appropriated to the Sec11 retary for the period of fiscal years 2022 and 2023— 

12 (1) $10,000,000 for the extended product sys13 tem rebate program authorized under section 1005 

14 of the Energy Act of 2020 (42 U.S.C. 6311 note; 

15 Public Law 116–260); and 

16 (2) $10,000,000 for the energy efficient trans17 former rebate program authorized under section 

18 1006 of the Energy Act of 2020 (42 U.S.C. 6317 

19 note; Public Law 116–260). 

20 SEC. 5406. MODEL GUIDANCE FOR COMBINED HEAT AND 

21 POWER SYSTEMS AND WASTE HEAT TO 

22 POWER SYSTEMS. 

23 (a) DEFINITIONS.—In this section: 

24 (1) ADDITIONAL SERVICES.—The term ‘‘addi25 tional services’’ means the provision of supple26 mentary power, backup or standby power, mainteVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 nance power, or interruptible power to an electric 

2 consumer by an electric utility. 

3 (2) WASTE HEAT TO POWER SYSTEM.—The 

4 term ‘‘waste heat to power system’’ means a system 

5 that generates electricity through the recovery of 

6 waste energy. 

7 (3) OTHER TERMS.— 

8 (A) PURPA.—The terms ‘‘electric con9 sumer’’, ‘‘electric utility’’, ‘‘interconnection 

10 service’’, ‘‘nonregulated electric utility’’, and 

11 ‘‘State regulatory authority’’ have the meanings 

12 given those terms in the Public Utility Regu13 latory Policies Act of 1978 (16 U.S.C. 2601 et 

14 seq.), within the meaning of title I of that Act 

15 (16 U.S.C. 2611 et seq.). 

16 (B) EPCA.—The terms ‘‘combined heat 

17 and power system’’ and ‘‘waste energy’’ have 

18 the meanings given those terms in section 371 

19 of the Energy Policy and Conservation Act (42 

20 U.S.C. 6341). 

21 (b) REVIEW.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of enactment of this Act, the Sec24 retary, in consultation with the Federal Energy Reg25 ulatory Commission and other appropriate entities, 


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1 shall review existing rules and procedures relating to 

2 interconnection service and additional services 

3 throughout the United States for electric generation 

4 with nameplate capacity up to 150 megawatts con5 necting at either distribution or transmission voltage 

6 levels to identify barriers to the deployment of com7 bined heat and power systems and waste heat to 

8 power systems. 

9 (2) INCLUSION.—The review under this sub10 section shall include a review of existing rules and 

11 procedures relating to— 

12 (A) determining and assigning costs of 

13 interconnection service and additional services; 

14 and 

15 (B) ensuring adequate cost recovery by an 

16 electric utility for interconnection service and 

17 additional services. 

18 (c) MODEL GUIDANCE.— 

19 (1) IN GENERAL.—Not later than 18 months 

20 after the date of enactment of this Act, the Sec21 retary, in consultation with the Federal Energy Reg22 ulatory Commission and other appropriate entities, 

23 shall issue model guidance for interconnection serv24 ice and additional services for consideration by State 

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1 ties to reduce the barriers identified under sub2 section (b)(1). 

3 (2) CURRENT BEST PRACTICES.—The model 

4 guidance issued under this subsection shall reflect, 

5 to the maximum extent practicable, current best 

6 practices to encourage the deployment of combined 

7 heat and power systems and waste heat to power 

8 systems while ensuring the safety and reliability of 

9 the interconnected units and the distribution and 

10 transmission networks to which the units connect, 

11 including— 

12 (A) relevant current standards developed 

13 by the Institute of Electrical and Electronic En14 gineers; and 

15 (B) model codes and rules adopted by— 

16 (i) States; or 

17 (ii) associations of State regulatory 

18 agencies. 

19 (3) FACTORS FOR CONSIDERATION.—In estab20 lishing the model guidance under this subsection, the 

21 Secretary shall take into consideration— 

22 (A) the appropriateness of using standards 

23 or procedures for interconnection service that 

24 vary based on unit size, fuel type, or other rel25 evant characteristics; 


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1 (B) the appropriateness of establishing 

2 fast-track procedures for interconnection serv3 ice; 

4 (C) the value of consistency with Federal 

5 interconnection rules established by the Federal 

6 Energy Regulatory Commission as of the date 

7 of enactment of this Act; 

8 (D) the best practices used to model out9 age assumptions and contingencies to determine 

10 fees or rates for additional services; 

11 (E) the appropriate duration, magnitude, 

12 or usage of demand charge ratchets; 

13 (F) potential alternative arrangements 

14 with respect to the procurement of additional 

15 services, including— 

16 (i) contracts tailored to individual 

17 electric consumers for additional services; 

18 (ii) procurement of additional services 

19 by an electric utility from a competitive 

20 market; and 

21 (iii) waivers of fees or rates for addi22 tional services for small electric consumers; 

23 and 

24 (G) outcomes such as increased electric re25 liability, fuel diversification, enhanced power 


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1 quality, and reduced electric losses that may re2 sult from increased use of combined heat and 

3 power systems and waste heat to power sys4 tems. 

5 TITLE VI—METHANE 

6 REDUCTION INFRASTRUCTURE 

7 SEC. 6001. ORPHANED WELL SITE PLUGGING, REMEDI8 ATION, AND RESTORATION. 

9 Section 349 of the Energy Policy Act of 2005 (42 

10 U.S.C. 15907) is amended to read as follows: 

11 ‘‘SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDI12 ATION, AND RESTORATION. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) FEDERAL LAND.—The term ‘Federal land’ 

15 means land administered by a land management 

16 agency within— 

17 ‘‘(A) the Department of Agriculture; or 

18 ‘‘(B) the Department of the Interior. 

19 ‘‘(2) IDLED WELL.—The term ‘idled well’ 

20 means a well— 

21 ‘‘(A) that has been nonoperational for not 

22 fewer than 4 years; and 

23 ‘‘(B) for which there is no anticipated ben24 eficial future use. 


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1 ‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’ 

2 has the meaning given the term in section 4 of the 

3 Indian Self-Determination and Education Assistance 

4 Act (25 U.S.C. 5304). 

5 ‘‘(4) OPERATOR.—The term ‘operator’, with re6 spect to an oil or gas operation, means any entity, 

7 including a lessee or operating rights owner, that 

8 has provided to a relevant authority a written state9 ment that the entity is responsible for the oil or gas 

10 operation, or any portion of the operation. 

11 ‘‘(5) ORPHANED WELL.—The term ‘orphaned 

12 well’— 

13 ‘‘(A) with respect to Federal land or Tribal 

14 land, means a well— 

15 ‘‘(i)(I) that is not used for an author16 ized purpose, such as production, injection, 

17 or monitoring; and 

18 ‘‘(II)(aa) for which no operator can be 

19 located; 

20 ‘‘(bb) the operator of which is un21 able— 

22 ‘‘(AA) to plug the well; and 

23 ‘‘(BB) to remediate and reclaim 

24 the well site; or 


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1 ‘‘(cc) that is within the National Pe2 troleum Reserve–Alaska; and 

3 ‘‘(B) with respect to State or private 

4 land— 

5 ‘‘(i) has the meaning given the term 

6 by the applicable State; or 

7 ‘‘(ii) if that State uses different termi8 nology, has the meaning given another 

9 term used by the State to describe a well 

10 eligible for plugging, remediation, and rec11 lamation by the State. 

12 ‘‘(6) TRIBAL LAND.—The term ‘Tribal land’ 

13 means any land or interest in land owned by an In14 dian Tribe, the title to which is— 

15 ‘‘(A) held in trust by the United States; or 

16 ‘‘(B) subject to a restriction against alien17 ation under Federal law. 

18 ‘‘(b) FEDERAL PROGRAM.— 

19 ‘‘(1) ESTABLISHMENT.—Not later than 60 days 

20 after the date of enactment of the Energy Infra21 structure Act, the Secretary shall establish a pro22 gram to plug, remediate, and reclaim orphaned wells 

23 located on Federal land. 

24 ‘‘(2) INCLUDED ACTIVITIES.—The program 

25 under this subsection shall— 


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1 ‘‘(A) include a method of— 

2 ‘‘(i) identifying, characterizing, and 

3 inventorying orphaned wells and associated 

4 pipelines, facilities, and infrastructure on 

5 Federal land; and 

6 ‘‘(ii) ranking those orphaned wells for 

7 priority in plugging, remediation, and rec8 lamation, based on— 

9 ‘‘(I) public health and safety; 

10 ‘‘(II) potential environmental 

11 harm; and 

12 ‘‘(III) other subsurface impacts 

13 or land use priorities; 

14 ‘‘(B) distribute funding in accordance with 

15 the priorities established under subparagraph 

16 (A)(ii) for— 

17 ‘‘(i) plugging orphaned wells; 

18 ‘‘(ii) remediating and reclaiming well 

19 pads and facilities associated with or20 phaned wells; 

21 ‘‘(iii) remediating soil and restoring 

22 native species habitat that has been de23 graded due to the presence of orphaned 

24 wells and associated pipelines, facilities, 

25 and infrastructure; and 


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1 ‘‘(iv) remediating land adjacent to or2 phaned wells and decommissioning or re3 moving associated pipelines, facilities, and 

4 infrastructure; 

5 ‘‘(C) provide a public accounting of the 

6 costs of plugging, remediation, and reclamation 

7 for each orphaned well; 

8 ‘‘(D) seek to determine the identities of po9 tentially responsible parties associated with the 

10 orphaned well (or a surety or guarantor of such 

11 a party), to the extent such information can be 

12 ascertained, and make efforts to obtain reim13 bursement for expenditures to the extent prac14 ticable; 

15 ‘‘(E) measure or estimate and track— 

16 ‘‘(i) emissions of methane and other 

17 gases associated with orphaned wells; and 

18 ‘‘(ii) contamination of groundwater or 

19 surface water associated with orphaned 

20 wells; and 

21 ‘‘(F) identify and address any dispropor22 tionate burden of adverse human health or envi23 ronmental effects of orphaned wells on commu24 nities of color, low-income communities, and 

25 Tribal and indigenous communities. 


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1 ‘‘(3) IDLED WELLS.—The Secretary, acting 

2 through the Director of the Bureau of Land Man3 agement, shall— 

4 ‘‘(A) periodically review all idled wells on 

5 Federal land; and 

6 ‘‘(B) reduce the inventory of idled wells on 

7 Federal land. 

8 ‘‘(4) COOPERATION AND CONSULTATION.—In 

9 carrying out the program under this subsection, the 

10 Secretary shall— 

11 ‘‘(A) work cooperatively with— 

12 ‘‘(i) the Secretary of Agriculture; 

13 ‘‘(ii) affected Indian Tribes; and 

14 ‘‘(iii) each State within which Federal 

15 land is located; and 

16 ‘‘(B) consult with— 

17 ‘‘(i) the Secretary of Energy; and 

18 ‘‘(ii) the Interstate Oil and Gas Com19 pact Commission. 

20 ‘‘(c) FUNDING FOR STATE PROGRAMS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall provide 

22 to States, in accordance with this subsection— 

23 ‘‘(A) initial grants under paragraph (3); 

24 ‘‘(B) formula grants under paragraph (4); 

25 and 


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1 ‘‘(C) performance grants under paragraph 

2 (5). 

3 ‘‘(2) ACTIVITIES.— 

4 ‘‘(A) IN GENERAL.—A State may use 

5 funding provided under this subsection for any 

6 of the following purposes: 

7 ‘‘(i) To plug, remediate, and reclaim 

8 orphaned wells located on State-owned or 

9 privately owned land. 

10 ‘‘(ii) To identify and characterize un11 documented orphaned wells on State and 

12 private land. 

13 ‘‘(iii) To rank orphaned wells based 

14 on factors including— 

15 ‘‘(I) public health and safety; 

16 ‘‘(II) potential environmental 

17 harm; and 

18 ‘‘(III) other land use priorities. 

19 ‘‘(iv) To make information regarding 

20 the use of funds received under this sub21 section available on a public website. 

22 ‘‘(v) To measure and track— 

23 ‘‘(I) emissions of methane and 

24 other gases associated with orphaned 

25 wells; and 


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1 ‘‘(II) contamination of ground2 water or surface water associated with 

3 orphaned wells. 

4 ‘‘(vi) To remediate soil and restore 

5 native species habitat that has been de6 graded due to the presence of orphaned 

7 wells and associated pipelines, facilities, 

8 and infrastructure. 

9 ‘‘(vii) To remediate land adjacent to 

10 orphaned wells and decommission or re11 move associated pipelines, facilities, and in12 frastructure. 

13 ‘‘(viii) To identify and address any 

14 disproportionate burden of adverse human 

15 health or environmental effects of or16 phaned wells on communities of color, low17 income communities, and Tribal and indig18 enous communities. 

19 ‘‘(ix) Subject to subparagraph (B), to 

20 administer a program to carry out any ac21 tivities described in clauses (i) through 

22 (viii). 

23 ‘‘(B) ADMINISTRATIVE COST LIMITA24 TION.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), a State shall not use 

3 more than 10 percent of the funds received 

4 under this subsection during a fiscal year 

5 for administrative costs under subpara6 graph (A)(ix). 

7 ‘‘(ii) EXCEPTION.—The limitation 

8 under clause (i) shall not apply to funds 

9 used by a State as described in paragraph 

10 (3)(A)(ii). 

11 ‘‘(3) INITIAL GRANTS.— 

12 ‘‘(A) IN GENERAL.—Subject to the avail13 ability of appropriations, the Secretary shall 

14 distribute— 

15 ‘‘(i) not more than $25,000,000 to 

16 each State that submits to the Secretary, 

17 by not later than 180 days after the date 

18 of enactment of Energy Infrastructure Act, 

19 a request for funding under this clause, in20 cluding— 

21 ‘‘(I) an estimate of the number 

22 of jobs that will be created or saved 

23 through the activities proposed to be 

24 funded; and 

25 ‘‘(II) a certification that— 


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1 ‘‘(aa) the State is a Member 

2 State or Associate Member State 

3 of the Interstate Oil and Gas 

4 Compact Commission; 

5 ‘‘(bb) there are 1 or more 

6 documented orphaned wells lo7 cated in the State; and 

8 ‘‘(cc) the State will use not 

9 less than 90 percent of the fund10 ing requested under this sub11 section to issue new contracts, 

12 amend existing contracts, or 

13 issue grants for plugging, remedi14 ation, and reclamation work by 

15 not later than 90 days after the 

16 date of receipt of the funds; and 

17 ‘‘(ii) not more than $5,000,000 to 

18 each State that— 

19 ‘‘(I) requests funding under this 

20 clause; 

21 ‘‘(II) does not receive a grant 

22 under clause (i); and 

23 ‘‘(III) certifies to the Secretary 

24 that— 

25 ‘‘(aa) the State— 


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1 ‘‘(AA) has in effect a 

2 plugging, remediation, and 

3 reclamation program for or4 phaned wells; or 

5 ‘‘(BB) the capacity to 

6 initiate such a program; or 

7 ‘‘(bb) the funds provided 

8 under this paragraph will be used 

9 to carry out any administrative 

10 actions necessary to develop an 

11 application for a formula grant 

12 under paragraph (4) or a per13 formance grant under paragraph 

14 (5). 

15 ‘‘(B) DISTRIBUTION.—Subject to the avail16 ability of appropriations, the Secretary shall 

17 distribute funds to a State under this para18 graph by not later than the date that is 30 days 

19 after the date on which the State submits to 

20 the Secretary the certification required under 

21 clause (i)(II) or (ii)(III) of subparagraph (A), 

22 as applicable. 

23 ‘‘(C) DEADLINE FOR EXPENDITURE.—A 

24 State that receives funds under this paragraph 

25 shall reimburse the Secretary in an amount 


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1 equal to the amount of the funds that remain 

2 unobligated on the date that is 1 year after the 

3 date of receipt of the funds. 

4 ‘‘(D) REPORT.—Not later than 15 months 

5 after the date on which a State receives funds 

6 under this paragraph, the State shall submit to 

7 the Secretary a report that describes the means 

8 by which the State used the funds in accord9 ance with the certification submitted by the 

10 State under subparagraph (A). 

11 ‘‘(4) FORMULA GRANTS.— 

12 ‘‘(A) ESTABLISHMENT.— 

13 ‘‘(i) IN GENERAL.—The Secretary 

14 shall establish a formula for the distribu15 tion to each State described in clause (ii) 

16 of funds under this paragraph. 

17 ‘‘(ii) DESCRIPTION OF STATES.—A 

18 State referred to in clause (i) is a State 

19 that, by not later than 45 days after the 

20 date of enactment of the Energy Infra21 structure Act, submits to the Secretary a 

22 notice of the intent of the State to submit 

23 an application under subparagraph (B), in24 cluding a description of the factors deVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 scribed in clause (iii) with respect to the 

2 State. 

3 ‘‘(iii) FACTORS.—The formula estab4 lished under clause (i) shall account for, 

5 with respect to an applicant State, the fol6 lowing factors: 

7 ‘‘(I) Job losses in the oil and gas 

8 industry in the State during the pe9 riod— 

10 ‘‘(aa) beginning on March 1, 

11 2020; and 

12 ‘‘(bb) ending on the date of 

13 enactment of the Energy Infra14 structure Act. 

15 ‘‘(II) The number of documented 

16 orphaned wells located in the State, 

17 and the projected cost— 

18 ‘‘(aa) to plug or reclaim 

19 those orphaned wells; 

20 ‘‘(bb) to reclaim adjacent 

21 land; and 

22 ‘‘(cc) to decommission or re23 move associated pipelines, facili24 ties, and infrastructure. 


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1 ‘‘(iv) PUBLICATION.—Not later than 

2 75 days after the date of enactment of the 

3 Energy Infrastructure Act, the Secretary 

4 shall publish on a public website the 

5 amount that each State is eligible to re6 ceive under the formula under this sub7 paragraph. 

8 ‘‘(B) APPLICATION.—To be eligible to re9 ceive a formula grant under this paragraph, a 

10 State shall submit to the Secretary an applica11 tion that includes— 

12 ‘‘(i) a description of— 

13 ‘‘(I) the State program for or14 phaned well plugging, remediation, 

15 and restoration, including legal au16 thorities, processes used to identify 

17 and prioritize orphaned wells, procure18 ment mechanisms, and other program 

19 elements demonstrating the readiness 

20 of the State to carry out proposed ac21 tivities using the grant; 

22 ‘‘(II) the activities to be carried 

23 out with the grant, including an iden24 tification of the estimated health, 

25 safety, habitat, and environmental 


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1 benefits of plugging, remediating, or 

2 reclaiming orphaned wells; and 

3 ‘‘(III) the means by which the in4 formation regarding the activities of 

5 the State under this paragraph will be 

6 made available on a public website; 

7 ‘‘(ii) an estimate of— 

8 ‘‘(I) the number of orphaned 

9 wells in the State that will be plugged, 

10 remediated, or reclaimed; 

11 ‘‘(II) the projected cost of— 

12 ‘‘(aa) plugging, remediating, 

13 or reclaiming orphaned wells; 

14 ‘‘(bb) remediating or re15 claiming adjacent land; and 

16 ‘‘(cc) decommissioning or re17 moving associated pipelines, fa18 cilities, and infrastructure; 

19 ‘‘(III) the amount of that pro20 jected cost that will be offset by the 

21 forfeiture of financial assurance in22 struments, the estimated salvage of 

23 well site equipment, or other proceeds 

24 from the orphaned wells and adjacent 

25 land; 


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1 ‘‘(IV) the number of jobs that 

2 will be created or saved through the 

3 activities to be funded under this 

4 paragraph; and 

5 ‘‘(V) the amount of funds to be 

6 spent on administrative costs; 

7 ‘‘(iii) a certification that any financial 

8 assurance instruments available to cover 

9 plugging, remediation, or reclamation costs 

10 will be used by the State; and 

11 ‘‘(iv) the definitions and processes 

12 used by the State to formally identify a 

13 well as— 

14 ‘‘(I) an orphaned well; or 

15 ‘‘(II) if the State uses different 

16 terminology, otherwise eligible for 

17 plugging, remediation, and reclama18 tion by the State. 

19 ‘‘(C) DISTRIBUTION.—Subject to the avail20 ability of appropriations, the Secretary shall 

21 distribute funds to a State under this para22 graph by not later than the date that is 60 days 

23 after the date on which the State submits to 

24 the Secretary a completed application under 

25 subparagraph (B). 


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1 ‘‘(D) DEADLINE FOR EXPENDITURE.—A 

2 State that receives funds under this paragraph 

3 shall reimburse the Secretary in an amount 

4 equal to the amount of the funds that remain 

5 unobligated on the date that is 5 years after the 

6 date of receipt of the funds. 

7 ‘‘(E) CONSULTATION.—In making a deter8 mination under this paragraph regarding the 

9 eligibility of a State to receive a formula grant, 

10 the Secretary shall consult with— 

11 ‘‘(i) the Administrator of the Environ12 mental Protection Agency; 

13 ‘‘(ii) the Secretary of Energy; and 

14 ‘‘(iii) the Interstate Oil and Gas Com15 pact Commission. 

16 ‘‘(5) PERFORMANCE GRANTS.— 

17 ‘‘(A) ESTABLISHMENT.—The Secretary 

18 shall provide to States, in accordance with this 

19 paragraph— 

20 ‘‘(i) regulatory improvement grants 

21 under subparagraph (E); and 

22 ‘‘(ii) matching grants under subpara23 graph (F). 

24 ‘‘(B) APPLICATION.—To be eligible to re25 ceive a grant under this paragraph, a State 


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1 shall submit to the Secretary an application in2 cluding— 

3 ‘‘(i) each element described in an ap4 plication for a grant under paragraph 

5 (4)(B); 

6 ‘‘(ii) activities carried out by the State 

7 to address orphaned wells located in the 

8 State, including— 

9 ‘‘(I) increasing State spending on 

10 well plugging, remediation, and rec11 lamation; or 

12 ‘‘(II) improving regulation of oil 

13 and gas wells; and 

14 ‘‘(iii) the means by which the State 

15 will use funds provided under this para16 graph— 

17 ‘‘(I) to lower unemployment in 

18 the State; and 

19 ‘‘(II) to improve economic condi20 tions in economically distressed areas 

21 of the State. 

22 ‘‘(C) DISTRIBUTION.—Subject to the avail23 ability of appropriations, the Secretary shall 

24 distribute funds to a State under this para25 graph by not later than the date that is 60 days 


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1 after the date on which the State submits to 

2 the Secretary a completed application under 

3 subparagraph (B). 

4 ‘‘(D) CONSULTATION.—In making a deter5 mination under this paragraph regarding the 

6 eligibility of a State to receive a grant under 

7 subparagraph (E) or (F), the Secretary shall 

8 consult with— 

9 ‘‘(i) the Administrator of the Environ10 mental Protection Agency; 

11 ‘‘(ii) the Secretary of Energy; and 

12 ‘‘(iii) the Interstate Oil and Gas Com13 pact Commission. 

14 ‘‘(E) REGULATORY IMPROVEMENT

15 GRANTS.— 

16 ‘‘(i) IN GENERAL.—Beginning on the 

17 date that is 180 days after the date on 

18 which an initial grant is provided to a 

19 State under paragraph (3), the Secretary 

20 shall, subject to the availability of appro21 priations, provide to the State a regulatory 

22 improvement grant under this subpara23 graph, if the State meets, during the 10- 

24 year period ending on the date on which 

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1 plication under subparagraph (B), 1 of the 

2 following criteria: 

3 ‘‘(I) The State has strengthened 

4 plugging standards and procedures 

5 designed to ensure that wells located 

6 in the State are plugged in an effec7 tive manner that protects ground8 water and other natural resources, 

9 public health and safety, and the envi10 ronment. 

11 ‘‘(II) The State has made im12 provements to State programs de13 signed to reduce future orphaned well 

14 burdens, such as financial assurance 

15 reform, alternative funding mecha16 nisms for orphaned well programs, 

17 and reforms to programs relating to 

18 well transfer or temporary abandon19 ment. 

20 ‘‘(ii) LIMITATIONS.— 

21 ‘‘(I) NUMBER.—The Secretary 

22 may issue to a State under this sub23 paragraph not more than 1 grant for 

24 each criterion described in subclause 

25 (I) or (II) of clause (i). 


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1 ‘‘(II) MAXIMUM AMOUNT.—The 

2 amount of a single grant provided to 

3 a State under this subparagraph shall 

4 be not more than $20,000,000. 

5 ‘‘(iii) REIMBURSEMENT FOR FAILURE

6 TO MAINTAIN PROTECTIONS.—A State that 

7 receives a grant under this subparagraph 

8 shall reimburse the Secretary in an 

9 amount equal to the amount of the grant 

10 in any case in which, during the 10-year 

11 period beginning on the date of receipt of 

12 the grant, the State enacts a law or regula13 tion that, if in effect on the date of sub14 mission of the application under subpara15 graph (B), would have prevented the State 

16 from being eligible to receive the grant 

17 under clause (i). 

18 ‘‘(F) MATCHING GRANTS.— 

19 ‘‘(i) IN GENERAL.—Beginning on the 

20 date that is 180 days after the date on 

21 which an initial grant is provided to a 

22 State under paragraph (3), the Secretary 

23 shall, subject to the availability of appro24 priations, provide to the State funding, in 


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1 an amount equal to the difference be2 tween— 

3 ‘‘(I) the average annual amount 

4 expended by the State during the pe5 riod of fiscal years 2010 through 

6 2019— 

7 ‘‘(aa) to plug, remediate, 

8 and reclaim orphaned wells; and 

9 ‘‘(bb) to decommission or re10 move associated pipelines, facili11 ties, or infrastructure; and 

12 ‘‘(II) the amount that the State 

13 certifies to the Secretary the State 

14 will expend, during the fiscal year in 

15 which the State will receive the grant 

16 under this subparagraph— 

17 ‘‘(aa) to plug, remediate, 

18 and reclaim orphaned wells; 

19 ‘‘(bb) to remediate or re20 claim adjacent land; and 

21 ‘‘(cc) to decommission or re22 move associated pipelines, facili23 ties, and infrastructure. 

24 ‘‘(ii) LIMITATIONS.— 


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1 ‘‘(I) FISCAL YEAR.—The Sec2 retary may issue to a State under this 

3 subparagraph not more than 1 grant 

4 for each fiscal year. 

5 ‘‘(II) TOTAL FUNDS PRO6 VIDED.—The Secretary may provide 

7 to a State under this subparagraph a 

8 total amount equal to not more than 

9 $30,000,000 during the period of fis10 cal years 2022 through 2031. 

11 ‘‘(d) TRIBAL ORPHANED WELL SITE PLUGGING, RE12 MEDIATION, AND RESTORATION.— 

13 ‘‘(1) ESTABLISHMENT.—The Secretary shall es14 tablish a program under which the Secretary shall— 

15 ‘‘(A) provide to Indian Tribes grants in ac16 cordance with this subsection; or 

17 ‘‘(B) on request of an Indian Tribe and in 

18 lieu of a grant under subparagraph (A), admin19 ister and carry out plugging, remediation, and 

20 reclamation activities in accordance with para21 graph (7). 

22 ‘‘(2) ELIGIBLE ACTIVITIES.— 

23 ‘‘(A) IN GENERAL.—An Indian Tribe may 

24 use a grant received under this subsection— 


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1 ‘‘(i) to plug, remediate, or reclaim an 

2 orphaned well on Tribal land; 

3 ‘‘(ii) to remediate soil and restore na4 tive species habitat that has been degraded 

5 due to the presence of an orphaned well or 

6 associated pipelines, facilities, or infra7 structure on Tribal land; 

8 ‘‘(iii) to remediate Tribal land adja9 cent to orphaned wells and decommission 

10 or remove associated pipelines, facilities, 

11 and infrastructure; 

12 ‘‘(iv) to provide an online public ac13 counting of the cost of plugging, remedi14 ation, and reclamation for each orphaned 

15 well site on Tribal land; 

16 ‘‘(v) to identify and characterize un17 documented orphaned wells on Tribal land; 

18 and 

19 ‘‘(vi) to develop or administer a Tribal 

20 program to carry out any activities de21 scribed in clauses (i) through (v). 

22 ‘‘(B) ADMINISTRATIVE COST LIMITA23 TION.— 

24 ‘‘(i) IN GENERAL.—Except as pro25 vided in clause (ii), an Indian Tribe shall 


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1 not use more than 10 percent of the funds 

2 received under this subsection during a fis3 cal year for administrative costs under 

4 subparagraph (A)(vi). 

5 ‘‘(ii) EXCEPTION.—The limitation 

6 under clause (i) shall not apply to any 

7 funds used to carry out an administrative 

8 action necessary for the development of a 

9 Tribal program described in subparagraph 

10 (A)(vi). 

11 ‘‘(3) FACTORS FOR CONSIDERATION.—In deter12 mining whether to provide to an Indian Tribe a 

13 grant under this subsection, the Secretary shall take 

14 into consideration— 

15 ‘‘(A) the unemployment rate of the Indian 

16 Tribe on the date on which the Indian Tribe 

17 submits an application under paragraph (4); 

18 and 

19 ‘‘(B) the estimated number of orphaned 

20 wells on the Tribal land of the Indian Tribe. 

21 ‘‘(4) APPLICATION.—To be eligible to receive a 

22 grant under this subsection, an Indian Tribe shall 

23 submit to the Secretary an application that in24 cludes— 

25 ‘‘(A) a description of— 


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1 ‘‘(i) the Tribal program for orphaned 

2 well plugging, remediation, and restora3 tion, including legal authorities, processes 

4 used to identify and prioritize orphaned 

5 wells, procurement mechanisms, and other 

6 program elements demonstrating the readi7 ness of the Indian Tribe to carry out the 

8 proposed activities, or plans to develop 

9 such a program; and 

10 ‘‘(ii) the activities to be carried out 

11 with the grant, including an identification 

12 of the estimated health, safety, habitat, 

13 and environmental benefits of plugging, re14 mediating, or reclaiming orphaned wells 

15 and remediating or reclaiming adjacent 

16 land; and 

17 ‘‘(B) an estimate of— 

18 ‘‘(i) the number of orphaned wells 

19 that will be plugged, remediated, or re20 claimed; and 

21 ‘‘(ii) the projected cost of— 

22 ‘‘(I) plugging, remediating, or re23 claiming orphaned wells; 

24 ‘‘(II) remediating or reclaiming 

25 adjacent land; and 


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1 ‘‘(III) decommissioning or remov2 ing associated pipelines, facilities, and 

3 infrastructure. 

4 ‘‘(5) DISTRIBUTION.—Subject to the availability 

5 of appropriations, the Secretary shall distribute 

6 funds to an Indian Tribe under this subsection by 

7 not later than the date that is 60 days after the date 

8 on which the Indian Tribe submits to the Secretary 

9 a completed application under paragraph (4). 

10 ‘‘(6) DEADLINE FOR EXPENDITURE.—An In11 dian Tribe that receives funds under this subsection 

12 shall reimburse the Secretary in an amount equal to 

13 the amount of the funds that remain unobligated on 

14 the date that is 5 years after the date of receipt of 

15 the funds, except for cases in which the Secretary 

16 has granted the Indian Tribe an extended deadline 

17 for completion of the eligible activities after con18 sultation. 

19 ‘‘(7) DELEGATION TO SECRETARY IN LIEU OF

20 A GRANT.— 

21 ‘‘(A) IN GENERAL.—In lieu of a grant 

22 under this subsection, an Indian Tribe may 

23 submit to the Secretary a request for the Sec24 retary to administer and carry out plugging, reVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 mediation, and reclamation activities relating to 

2 an orphaned well on behalf of the Indian Tribe. 

3 ‘‘(B) ADMINISTRATION.—Subject to the 

4 availability of appropriations under subsection 

5 (h)(1)(E), on submission of a request under 

6 subparagraph (A), the Secretary shall admin7 ister or carry out plugging, remediation, and 

8 reclamation activities for an orphaned well on 

9 Tribal land. 

10 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary of 

11 Energy, in cooperation with the Secretary and the Inter12 state Oil and Gas Compact Commission, shall provide 

13 technical assistance to the Federal land management 

14 agencies and oil and gas producing States and Indian 

15 Tribes to support practical and economical remedies for 

16 environmental problems caused by orphaned wells on Fed17 eral land, Tribal land, and State and private land, includ18 ing the sharing of best practices in the management of 

19 oil and gas well inventories to ensure the availability of 

20 funds to plug, remediate, and restore oil and gas well sites 

21 on cessation of operation. 

22 ‘‘(f) REPORT TO CONGRESS.—Not later than 1 year 

23 after the date of enactment of the Energy Infrastructure 

24 Act, and not less frequently than annually thereafter, the 

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1 tions and Energy and Natural Resources of the Senate 

2 and the Committees on Appropriations and Natural Re3 sources of the House of Representatives a report describ4 ing the program established and grants awarded under 

5 this section, including— 

6 ‘‘(1) an updated inventory of wells located on 

7 Federal land, Tribal land, and State and private 

8 land that are— 

9 ‘‘(A) orphaned wells; or 

10 ‘‘(B) at risk of becoming orphaned wells; 

11 ‘‘(2) an estimate of the quantities of— 

12 ‘‘(A) methane and other gasses emitted 

13 from orphaned wells; and 

14 ‘‘(B) emissions reduced as a result of plug15 ging, remediating, and reclaiming orphaned 

16 wells; 

17 ‘‘(3) the number of jobs created and saved 

18 through the plugging, remediation, and reclamation 

19 of orphaned wells; and 

20 ‘‘(4) the acreage of habitat restored using 

21 grants awarded to plug, remediate, and reclaim or22 phaned wells and to remediate or reclaim adjacent 

23 land, together with a description of the purposes for 

24 which that land is likely to be used in the future. 

25 ‘‘(g) EFFECT OF SECTION.— 


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1 ‘‘(1) NO EXPANSION OF LIABILITY.—Nothing in 

2 this section establishes or expands the responsibility 

3 or liability of any entity with respect to— 

4 ‘‘(A) plugging any well; or 

5 ‘‘(B) remediating or reclaiming any well 

6 site. 

7 ‘‘(2) TRIBAL LAND.—Nothing in this section— 

8 ‘‘(A) relieves the Secretary of any obliga9 tion under section 3 of the Act of May 11, 1938 

10 (25 U.S.C. 396c; 52 Stat. 348, chapter 198), to 

11 plug, remediate, or reclaim an orphaned well lo12 cated on Tribal land; or 

13 ‘‘(B) absolves the United States from a re14 sponsibility to plug, remediate, or reclaim an 

15 orphaned well located on Tribal land or any 

16 other responsibility to an Indian Tribe, includ17 ing any responsibility that derives from— 

18 ‘‘(i) the trust relationship between the 

19 United States and Indian Tribes; 

20 ‘‘(ii) any treaty, law, or Executive 

21 order; or 

22 ‘‘(iii) any agreement between the 

23 United States and an Indian Tribe. 

24 ‘‘(3) OWNER OR OPERATOR NOT ABSOLVED.— 

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1 ator of an oil or gas well of any potential liability 

2 for— 

3 ‘‘(A) reimbursement of any plugging or 

4 reclamation costs associated with the well; or 

5 ‘‘(B) any adverse effect of the well on the 

6 environment. 

7 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated for fiscal year 2022, to 

9 remain available until September 30, 2030: 

10 ‘‘(1) to the Secretary— 

11 ‘‘(A) $250,000,000 to carry out the pro12 gram under subsection (b); 

13 ‘‘(B) $775,000,000 to provide grants 

14 under subsection (c)(3); 

15 ‘‘(C) $2,000,000,000 to provide grants 

16 under subsection (c)(4); 

17 ‘‘(D) $1,500,000,000 to provide grants 

18 under subsection (c)(5); and 

19 ‘‘(E) $150,000,000 to carry out the pro20 gram under subsection (d); 

21 ‘‘(2) to the Secretary of Energy, $30,000,000 

22 to conduct research and development activities in co23 operation with the Interstate Oil and Gas Compact 

24 Commission to assist the Federal land management 

25 agencies, States, and Indian Tribes in— 


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1 ‘‘(A) identifying and characterizing un2 documented orphaned wells; and 

3 ‘‘(B) mitigating the environmental risks of 

4 undocumented orphaned wells; and 

5 ‘‘(3) to the Interstate Oil and Gas Compact 

6 Commission, $2,000,000 to carry out this section.’’. 

7 TITLE VII—ABANDONED MINE 

8 LAND RECLAMATION 

9 SEC. 7001. ABANDONED MINE RECLAMATION FUND AU10 THORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There is authorized to be appro12 priated, for deposit into the Abandoned Mine Reclamation 

13 Fund established by section 401(a) of the Surface Mining 

14 Control and Reclamation Act of 1977 (30 U.S.C. 1231(a)) 

15 $11,293,000,000 for fiscal year 2022, to remain available 

16 until expended. 

17 (b) USE OF FUNDS.— 

18 (1) IN GENERAL.—Subject to subsection (g), 

19 amounts made available under subsection (a) shall 

20 be used to provide, as expeditiously as practicable, to 

21 States and Indian Tribes described in paragraph (2) 

22 annual grants for abandoned mine land and water 

23 reclamation projects under the Surface Mining Con24 trol and Reclamation Act of 1977 (30 U.S.C. 1201 

25 et seq.). 


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1 (2) ELIGIBLE GRANT RECIPIENTS.—Grants 

2 may be made under paragraph (1) to— 

3 (A) States and Indian Tribes that have a 

4 State or Tribal program approved under section 

5 405 of the Surface Mining Control and Rec6 lamation Act of 1977 (30 U.S.C. 1235); 

7 (B) States and Indian Tribes that are cer8 tified under section 411(a) of that Act (30 

9 U.S.C. 1240a(a)); and 

10 (C) States and Indian Tribes that are re11 ferred to in section 402(g)(8)(B) of that Act 

12 (30 U.S.C. 1232(g)(8)(B)). 

13 (3) CONTRACT AGGREGATION.—In applying for 

14 grants under paragraph (1), States and Indian 

15 Tribes may aggregate bids into larger statewide or 

16 regional contracts. 

17 (c) COVERED ACTIVITIES.—Grants under subsection 

18 (b)(1) shall only be used for activities described in sub19 sections (a) and (b) of section 403 and section 410 of the 

20 Surface Mining Control and Reclamation Act of 1977 (30 

21 U.S.C. 1233, 1240). 

22 (d) ALLOCATION.— 

23 (1) IN GENERAL.—Subject to subsection (e), 

24 the Secretary of the Interior shall allocate and dis25 tribute amounts made available for grants under 


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1 subsection (b)(1) to States and Indian Tribes on an 

2 equal annual basis over a 15-year period beginning 

3 on the date of enactment of this Act, based on the 

4 number of tons of coal historically produced in the 

5 States or from the applicable Indian land before Au6 gust 3, 1977, regardless of whether the State or In7 dian Tribe is certified under section 411(a) of the 

8 Surface Mining Control and Reclamation Act of 

9 1977 (30 U.S.C. 1240a(a)). 

10 (2) SURFACE MINING CONTROL AND RECLAMA11 TION ACT EXCEPTION.—Section 401(f)(3)(B) of the 

12 Surface Mining Control and Reclamation Act of 

13 1977 (30 U.S.C. 1231(f)(3)(B)) shall not apply to 

14 grant funds distributed under subsection (b)(1). 

15 (3) REPORT TO CONGRESS ON ALLOCATIONS.— 

16 (A) IN GENERAL.—Not later than 6 years 

17 after the date on which the first allocation to 

18 States and Indian Tribes is made under para19 graph (1), the Secretary of the Interior shall 

20 submit to Congress a report that describes any 

21 progress made under this section in addressing 

22 outstanding reclamation needs under subsection 

23 (a) or (b) of section 403 or section 410 of the 

24 Surface Mining Control and Reclamation and 

25 Act of 1977 (30 U.S.C. 1233, 1240). 


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1 (B) INPUT.—The Secretary of the Interior 

2 shall— 

3 (i) prior to submitting the report 

4 under subparagraph (A), solicit the input 

5 of the States and Indian Tribes regarding 

6 the progress referred to in that subpara7 graph; and 

8 (ii) include in the report submitted to 

9 Congress under that subparagraph a de10 scription of any input received under 

11 clause (i). 

12 (4) REDISTRIBUTION OF FUNDS.— 

13 (A) EVALUATION.—Not later than 20 

14 years after the date of enactment of this Act, 

15 the Secretary of the Interior shall evaluate 

16 grant payments to States and Indian Tribes 

17 made under this section. 

18 (B) UNUSED FUNDS.—On completion of 

19 the evaluation under subparagraph (A), States 

20 and Indian Tribes shall return any unused 

21 funds under this section to the Abandoned Mine 

22 Reclamation Fund. 

23 (e) TOTAL AMOUNT OF GRANT.—The total amount 

24 of grant funding provided under subsection (b)(1) to an 

25 eligible State or Indian Tribe shall be not less than 


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1 $20,000,000, to the extent that the amount needed for 

2 reclamation projects described in that subsection on the 

3 land of the State or Indian Tribe is not less than 

4 $20,000,000. 

5 (f) PRIORITY.—In addition to the priorities described 

6 in section 403(a) of the Surface Mining Control and Rec7 lamation Act of 1977 (30 U.S.C. 1233(a)), in providing 

8 grants under this section, priority may also be given to 

9 reclamation projects described in subsection (b)(1) that 

10 provide employment for current and former employees of 

11 the coal industry. 

12 (g) RESERVATION.—Of the funds made available 

13 under subsection (a), $25,000,000 shall be made available 

14 to the Secretary of the Interior to provide States and In15 dian Tribes with the financial and technical assistance 

16 necessary for the purpose of making amendments to the 

17 inventory maintained under section 403(c) of the Surface 

18 Mining Control and Reclamation Act of 1977 (30 U.S.C. 

19 1233(c)). 

20 SEC. 7002. ABANDONED MINE RECLAMATION FEE. 

21 (a) AMOUNT.—Section 402(a) of the Surface Mining 

22 Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) 

23 is amended— 

24 (1) by striking ‘‘28 cents’’ and inserting ‘‘22.4 

25 cents’’; 


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1 (2) by striking ‘‘12 cents’’ and inserting ‘‘9.6 

2 cents’’; and 

3 (3) by striking ‘‘8 cents’’ and inserting ‘‘6.4 

4 cents’’. 

5 (b) DURATION.—Section 402(b) of the Surface Min6 ing Control and Reclamation Act of 1977 (30 U.S.C. 

7 1232(b)) is amended by striking ‘‘September 30, 2021’’ 

8 and inserting ‘‘September 30, 2034’’. 

9 SEC. 7003. AMOUNTS DISTRIBUTED FROM ABANDONED 

10 MINE RECLAMATION FUND. 

11 Section 401(f)(2) of the Surface Mining Control and 

12 Reclamation Act of 1977 (30 U.S.C. 1231(f)(2)) is 

13 amended— 

14 (1) in subparagraph (A)— 

15 (A) in the subparagraph heading, by strik16 ing ‘‘2022’’ and inserting ‘‘2035’’; and 

17 (B) in the matter preceding clause (i), by 

18 striking ‘‘2022’’ and inserting ‘‘2035’’; and 

19 (2) in subparagraph (B)— 

20 (A) in the subparagraph heading, by strik21 ing ‘‘2023’’ and inserting ‘‘2036’’; 

22 (B) by striking ‘‘2023’’ and inserting 

23 ‘‘2036’’; and 

24 (C) by striking ‘‘2022’’ and inserting 

25 ‘‘2035’’. 


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1 SEC. 7004. ABANDONED HARDROCK MINE RECLAMATION. 

2 (a) ESTABLISHMENT.—Not later than 90 days after 

3 the date of enactment of this Act, the Secretary of the 

4 Interior (referred to in this section as the ‘‘Secretary’’) 

5 shall establish a program to inventory, assess, decommis6 sion, reclaim, respond to hazardous substance releases on, 

7 and remediate abandoned hardrock mine land based on 

8 conditions including need, public health and safety, poten9 tial environmental harm, and other land use priorities. 

10 (b) AWARD OF GRANTS.—Subject to the availability 

11 of funds, the Secretary shall provide grants on a competi12 tive or formula basis to States and Indian Tribes that have 

13 jurisdiction over abandoned hardrock mine land to reclaim 

14 that land. 

15 (c) ELIGIBILITY.—Amounts made available under 

16 this section may only be used for Federal, State, Tribal, 

17 local, and private land that has been affected by past 

18 hardrock mining activities, and water resources that tra19 verse or are contiguous to such land, including any of the 

20 following: 

21 (1) Land and water resources that were— 

22 (A) used for, or affected by, hardrock min23 ing activities; and 

24 (B) abandoned or left in an inadequate 

25 reclamation status before the date of enactment 

26 of this Act. 


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1 (2) Land for which the Secretary makes a de2 termination that there is no continuing reclamation 

3 responsibility of a claim holder, liable party, oper4 ator, or other person that abandoned the site prior 

5 to completion of required reclamation under Federal 

6 or State law. 

7 (d) ELIGIBLE ACTIVITIES.— 

8 (1) IN GENERAL.—Amounts made available to 

9 carry out this section shall be used for the purposes 

10 described in subsection (a). 

11 (2) EXCLUSION.—Amounts made available to 

12 carry out this section may not be used to fulfill obli13 gations under the Comprehensive Environmental Re14 sponse, Compensation, and Liability Act of 1980 (42 

15 U.S.C. 9601 et seq.) agreed to in a legal settlement 

16 or imposed by a court, whether for payment of funds 

17 or for work to be performed. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.— 

19 (1) IN GENERAL.—There is authorized to be 

20 appropriated to carry out this section 

21 $3,000,000,000, to remain available until expended, 

22 of which— 

23 (A) 50 percent shall be for grants to 

24 States and Indian Tribes under subsection (b) 


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1 for eligible activities described in subsection 

2 (d)(1); and 

3 (B) 50 percent shall be for available to the 

4 Secretary for eligible activities described in sub5 section (d)(1) on Federal land. 

6 (2) TRANSFER.—The Secretary may transfer 

7 amounts made available to the Secretary under 

8 paragraph (1)(B) to the Secretary of Agriculture for 

9 activities described in subsection (a) on National 

10 Forest System land. 

11 TITLE VIII—NATURAL RE12 SOURCES-RELATED INFRA13 STRUCTURE, WILDFIRE MAN14 AGEMENT, AND ECOSYSTEM 

15 RESTORATION 

16 SEC. 8001. FOREST SERVICE LEGACY ROAD AND TRAIL RE17 MEDIATION PROGRAM. 

18 (a) ESTABLISHMENT.—Public Law 88–657 (16 

19 U.S.C. 532 et seq.) (commonly known as the ‘‘Forest 

20 Roads and Trails Act’’) is amended by adding at the end 

21 the following: 

22 ‘‘SEC. 8. FOREST SERVICE LEGACY ROAD AND TRAIL REME23 DIATION PROGRAM. 

24 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab25 lish the Forest Service Legacy Road and Trail RemediVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 ation Program (referred to in this section as the ‘Pro2 gram’). 

3 ‘‘(b) ACTIVITIES.—In carrying out the Program, the 

4 Secretary shall, taking into account foreseeable changes 

5 in weather and hydrology— 

6 ‘‘(1) restore passages for fish and other aquatic 

7 species by— 

8 ‘‘(A) improving, repairing, or replacing cul9 verts and other infrastructure; and 

10 ‘‘(B) removing barriers, as the Secretary 

11 determines appropriate, from the passages; 

12 ‘‘(2) decommission unauthorized user-created 

13 roads and trails that are not a National Forest Sys14 tem road or a National Forest System trail, if the 

15 applicable unit of the National Forest System has 

16 published— 

17 ‘‘(A) a Motor Vehicle Use Map and the 

18 road is not identified as a National Forest Sys19 tem road on that Motor Vehicle Use Map; or 

20 ‘‘(B) a map depicting the authorized trails 

21 in the applicable unit of the National Forest 

22 System and the trail is not identified as a Na23 tional Forest System trail on that map; 


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1 ‘‘(3) prepare previously closed National Forest 

2 System roads for long-term storage, in accordance 

3 with subsections (c)(1) and (d), in a manner that— 

4 ‘‘(A) prevents motor vehicle use, as appro5 priate to conform to route designations; 

6 ‘‘(B) prevents the roads from damaging 

7 adjacent resources, including aquatic and wild8 life resources; 

9 ‘‘(C) reduces or eliminates the need for 

10 road maintenance; and 

11 ‘‘(D) preserves the roads for future use; 

12 ‘‘(4) decommission previously closed National 

13 Forest System roads and trails in accordance with 

14 subsections (c)(1) and (d); 

15 ‘‘(5) relocate National Forest System roads and 

16 trails— 

17 ‘‘(A) to increase resilience to extreme 

18 weather events, flooding, and other natural dis19 asters; and 

20 ‘‘(B) to respond to changing resource con21 ditions and public input; 

22 ‘‘(6) convert National Forest System roads to 

23 National Forest System trails, while allowing for 

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1 ation, to the extent the use is compatible with the 

2 management status of the road or trail; 

3 ‘‘(7) decommission temporary roads— 

4 ‘‘(A) that were constructed before the date 

5 of enactment of this section— 

6 ‘‘(i) for emergency operations; or 

7 ‘‘(ii) to facilitate a resource extraction 

8 project; 

9 ‘‘(B) that were designated as a temporary 

10 road by the Secretary; and 

11 ‘‘(C)(i) in violation of section 10(b) of the 

12 Forest and Rangeland Renewable Resources 

13 Planning Act of 1974 (16 U.S.C. 1608(b)), on 

14 which vegetation cover has not been reestab15 lished; or 

16 ‘‘(ii) that have not been fully decommis17 sioned; and 

18 ‘‘(8) carry out projects on National Forest Sys19 tem roads, trails, and bridges to improve resilience 

20 to extreme weather events, flooding, or other natural 

21 disasters. 

22 ‘‘(c) PROJECT SELECTION.— 

23 ‘‘(1) PROJECT ELIGIBILITY.— 

24 ‘‘(A) IN GENERAL.—The Secretary may 

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1 scribed in paragraph (3) or (4) of subsection 

2 (b) if the Secretary previously and separately— 

3 ‘‘(i) solicited public comment for 

4 changing the management status of the 

5 applicable National Forest System road or 

6 trail— 

7 ‘‘(I) to close the road or trail to 

8 access; and 

9 ‘‘(II) to minimize impacts to nat10 ural resources; and 

11 ‘‘(ii) has closed the road or trail to ac12 cess as described in clause (i)(I). 

13 ‘‘(B) REQUIREMENT.—Each project car14 ried out under the Program shall be on a Na15 tional Forest System road or trail, except with 

16 respect to— 

17 ‘‘(i) a project described in subsection 

18 (b)(2); or 

19 ‘‘(ii) a project carried out on a water20 shed for which the Secretary has entered 

21 into a cooperative agreement under section 

22 323 of the Department of the Interior and 

23 Related Agencies Appropriations Act, 1999 

24 (16 U.S.C. 1011a). 


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1 ‘‘(2) ANNUAL SELECTION OF PROJECTS FOR

2 FUNDING.—The Secretary shall— 

3 ‘‘(A) establish a process for annually se4 lecting projects for funding under the Program, 

5 consistent with the requirements of this section; 

6 ‘‘(B) solicit and consider public input re7 gionally in the ranking of projects for funding 

8 under the Program; 

9 ‘‘(C) give priority for funding under the 

10 Program to projects that would— 

11 ‘‘(i) protect or improve water quality 

12 in public drinking water source areas; 

13 ‘‘(ii) restore the habitat of a threat14 ened, endangered, or sensitive fish or wild15 life species; or 

16 ‘‘(iii) maintain future access to the 

17 adjacent area for the public, contractors, 

18 permittees, or firefighters; and 

19 ‘‘(D) publish on the website of the Forest 

20 Service— 

21 ‘‘(i) the selection process established 

22 under subparagraph (A); and 

23 ‘‘(ii) a list that includes a description 

24 and the proposed outcome of each project 


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1 funded under the Program in each fiscal 

2 year. 

3 ‘‘(d) IMPLEMENTATION.—In implementing the Pro4 gram, the Secretary shall ensure that— 

5 ‘‘(1) the system of roads and trails on the ap6 plicable unit of the National Forest System— 

7 ‘‘(A) is adequate to meet any increasing 

8 demands for timber, recreation, and other uses; 

9 ‘‘(B) provides for intensive use, protection, 

10 development, and management of the land 

11 under principles of multiple use and sustained 

12 yield of products and services; 

13 ‘‘(C) does not damage, degrade, or impair 

14 adjacent resources, including aquatic and wild15 life resources, to the extent practicable; 

16 ‘‘(D) reflects long-term funding expecta17 tions; and 

18 ‘‘(E) is adequate for supporting emergency 

19 operations, such as evacuation routes during 

20 wildfires, floods, and other natural disasters; 

21 and 

22 ‘‘(2) all projects funded under the Program are 

23 consistent with any applicable forest plan or travel 

24 management plan. 


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1 ‘‘(e) SAVINGS CLAUSE.—A decision to fund a project 

2 under the Program shall not affect any determination 

3 made previously or to be made in the future by the Sec4 retary with regard to road or trail closures.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Secretary of Agri7 culture to carry out section 8 of Public Law 88–657 (com8 monly known as the ‘‘Forest Roads and Trails Act’’) 

9 $250,000,000 for the period of fiscal years 2022 through 

10 2026. 

11 SEC. 8002. STUDY AND REPORT ON FEASIBILITY OF RE12 VEGETATING RECLAIMED MINE SITES. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of enactment of this Act, the Secretary of the Inte15 rior, acting through the Director of the Office of Surface 

16 Mining Reclamation and Enforcement, shall conduct, and 

17 submit to Congress a report describing the results of, a 

18 study on the feasibility of revegetating reclaimed mined 

19 sites. 

20 (b) INCLUSIONS.—The report submitted under sub21 section (a) shall include— 

22 (1) recommendations for how a program could 

23 be implemented through the Office of Surface Min24 ing Reclamation and Enforcement to revegetate re25 claimed mined sites; 


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1 (2) identifications of reclaimed mine sites that 

2 would be suitable for inclusion in such a program, 

3 including sites on land that— 

4 (A) is subject to title IV of the Surface 

5 Mining Control and Reclamation Act of 1977 

6 (30 U.S.C. 1231 et seq.); and 

7 (B) is not subject to that title; 

8 (3) a description of any barriers to implementa9 tion of such a program, including whether the pro10 gram would potentially interfere with the authorities 

11 contained in, or the implementation of, the Surface 

12 Mining Control and Reclamation Act of 1977 (30 

13 U.S.C. 1201 et seq.), including the Abandoned Mine 

14 Reclamation Fund created by section 401 of that 

15 Act (30 U.S.C. 1231) and State reclamation pro16 grams under section 405 of that Act (30 U.S.C. 

17 1235); and 

18 (4) a description of the potential for job cre19 ation and workforce needs if such a program was 

20 implemented. 

21 SEC. 8003. WILDFIRE RISK REDUCTION. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary of the Inte24 rior and the Secretary of Agriculture, acting through the 

25 Chief of the Forest Service, for the activities described in 


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1 subsection (c), $3,369,200,000 for the period of fiscal 

2 years 2022 through 2026. 

3 (b) TREATMENT.—Of the Federal land or Indian for4 est land or rangeland that has been identified as having 

5 a very high wildfire hazard potential, the Secretary of the 

6 Interior and the Secretary of Agriculture, acting through 

7 the Chief of the Forest Service, shall, by not later than 

8 September 30, 2027, conduct restoration treatments and 

9 improve the Fire Regime Condition Class of 10,000,000 

10 acres that are located in— 

11 (1) the wildland-urban interface; or 

12 (2) a public drinking water source area. 

13 (c) ACTIVITIES.—Of the amounts made available 

14 under subsection (a) for the period of fiscal years 2022 

15 through 2026— 

16 (1) $20,000,000 shall be made available for en17 tering into an agreement with the Administrator of 

18 the National Oceanic and Atmospheric Administra19 tion to establish and operate a program that makes 

20 use of the Geostationary Operational Environmental 

21 Satellite Program to rapidly detect and report wild22 fire starts in all areas in which the Secretary of the 

23 Interior or the Secretary of Agriculture has financial 

24 responsibility for wildland fire protection and pre25 vention, of which— 


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1 (A) $10,000,000 shall be made available to 

2 the Secretary of the Interior; and 

3 (B) $10,000,000 shall be made available to 

4 the Secretary of Agriculture; 

5 (2) $600,000,000 shall be made available for 

6 the salaries and expenses of Federal wildland fire7 fighters in accordance with subsection (d), of 

8 which— 

9 (A) $120,000,000 shall be made available 

10 to the Secretary of the Interior; and 

11 (B) $480,000,000 shall be made available 

12 to the Secretary of Agriculture; 

13 (3) $10,000,000 shall be made available to the 

14 Secretary of the Interior to acquire technology and 

15 infrastructure for each Type I and Type II incident 

16 management team to maintain interoperability with 

17 respect to the radio frequencies used by any re18 sponding agency; 

19 (4) $30,000,000 shall be made available to the 

20 Secretary of Agriculture to provide financial assist21 ance to States, Indian Tribes, and units of local gov22 ernment to establish and operate Reverse-911 tele23 communication systems; 

24 (5) $50,000,000 shall be made available to the 

25 Secretary of the Interior to establish and implement 


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1 a pilot program to provide to local governments fi2 nancial assistance for the acquisition of slip-on tank3 er units to establish fleets of vehicles that can be 

4 quickly converted to be operated as fire engines; 

5 (6) $1,200,000 shall be made available to the 

6 Secretary of Agriculture, in coordination with the 

7 Secretary of the Interior, to develop and publish, not 

8 later than 180 days after the date of enactment of 

9 this Act, and every 5 years thereafter, a map depict10 ing at-risk communities (as defined in section 101 of 

11 the Healthy Forests Restoration Act of 2003 (16 

12 U.S.C. 6511)), including Tribal at-risk communities; 

13 (7) $100,000,000 shall be made available to the 

14 Secretary of the Interior and the Secretary of Agri15 culture— 

16 (A) for— 

17 (i) preplanning fire response work18 shops that develop— 

19 (I) potential operational delinea20 tions; and 

21 (II) select potential control loca22 tions; and 

23 (ii) workforce training for staff, non24 Federal firefighters, and Native village fire 

25 crews for— 


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1 (I) wildland firefighting; and 

2 (II) increasing the pace and scale 

3 of vegetation treatments, including 

4 training on how to prepare and imple5 ment large landscape treatments; and 

6 (B) of which— 

7 (i) $50,000,000 shall be made avail8 able to the Secretary of the Interior; and 

9 (ii) $50,000,000 shall be made avail10 able to the Secretary of Agriculture; 

11 (8) $20,000,000 shall be made available to the 

12 Secretary of Agriculture to enter into an agreement 

13 with a Southwest Ecological Restoration Institute 

14 established under the Southwest Forest Health and 

15 Wildfire Prevention Act of 2004 (16 U.S.C. 6701 et 

16 seq.)— 

17 (A) to compile and display existing data, 

18 including geographic data, for hazardous fuel 

19 reduction or wildfire prevention treatments un20 dertaken by the Secretary of the Interior or the 

21 Secretary of Agriculture, including treatments 

22 undertaken with funding provided under this 

23 title; 

24 (B) to compile and display existing data, 

25 including geographic data, for large wildfires, 


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1 as defined by the National Wildfire Coordi2 nating Group, that occur in the United States; 

3 (C) to facilitate coordination and use of ex4 isting and future interagency fuel treatment 

5 data, including geographic data, for the pur6 poses of— 

7 (i) assessing and planning cross8 boundary fuel treatments; and 

9 (ii) monitoring the effects of treat10 ments on wildfire outcomes and ecosystem 

11 restoration services, using the data com12 piled under subparagraphs (A) and (B); 

13 (D) to publish a report every 5 years show14 ing the extent to which treatments described in 

15 subparagraph (A) and previous wildfires affect 

16 the boundaries of wildfires, categorized by— 

17 (i) Federal land management agency; 

18 (ii) region of the United States; and 

19 (iii) treatment type; and 

20 (E) to carry out other related activities of 

21 a Southwest Ecological Restoration Institute, as 

22 authorized by the Southwest Forest Health and 

23 Wildfire Prevention Act of 2004 (16 U.S.C. 

24 6701 et seq.); 


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1 (9) $20,000,000 shall be available for activities 

2 conducted under the Joint Fire Science Program, of 

3 which— 

4 (A) $10,000,000 shall be made available to 

5 the Secretary of the Interior; and 

6 (B) $10,000,000 shall be made available to 

7 the Secretary of Agriculture; 

8 (10) $100,000,000 shall be made available to 

9 the Secretary of Agriculture for collaboration and 

10 collaboration-based activities, including facilitation, 

11 certification of collaboratives, and planning and im12 plementing projects under the Collaborative Forest 

13 Landscape Restoration Program established under 

14 section 4003 of the Omnibus Public Land Manage15 ment Act of 2009 (16 U.S.C. 7303) in accordance 

16 with subsection (e); 

17 (11) $500,000,000 shall be made available to 

18 the Secretary of the Interior and the Secretary of 

19 Agriculture— 

20 (A) for— 

21 (i) conducting mechanical thinning 

22 and timber harvesting in an ecologically 

23 appropriate manner that maximizes the re24 tention of large trees, as appropriate for 


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1 the forest type, to the extent that the trees 

2 promote fire-resilient stands; or 

3 (ii) precommercial thinning in young 

4 growth stands for wildlife habitat benefits 

5 to provide subsistence resources; and 

6 (B) of which— 

7 (i) $100,000,000 shall be made avail8 able to the Secretary of the Interior; and 

9 (ii) $400,000,000 shall be made avail10 able to the Secretary of Agriculture; 

11 (12) $500,000,000 shall be made available to 

12 the Secretary of Agriculture, in cooperation with 

13 States, to award community wildfire defense grants 

14 to at-risk communities in accordance with subsection 

15 (f); 

16 (13) $500,000,000 shall be made available for 

17 planning and conducting prescribed fires and related 

18 activities, of which— 

19 (A) $250,000,000 shall be made available 

20 to the Secretary of the Interior; and 

21 (B) $250,000,000 shall be made available 

22 to the Secretary of Agriculture; 

23 (14) $500,000,000 shall be made available for 

24 developing or improving potential control locations, 

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1 ing installing fuelbreaks (including fuelbreaks stud2 ied under subsection (i)), with a focus on shaded 

3 fuelbreaks when ecologically appropriate, of which— 

4 (A) $250,000,000 shall be made available 

5 to the Secretary of the Interior; and 

6 (B) $250,000,000 shall be made available 

7 to the Secretary of Agriculture; 

8 (15) $200,000,000 shall be made available for 

9 contracting or employing crews of laborers to modify 

10 and remove flammable vegetation on Federal land 

11 and for using materials from treatments, to the ex12 tent practicable, to produce biochar and other inno13 vative wood products, including through the use of 

14 existing locally based organizations that engage 

15 young adults, Native youth, and veterans in service 

16 projects, such as youth and conservation corps, of 

17 which— 

18 (A) $100,000,000 shall be made available 

19 to the Secretary of the Interior; and 

20 (B) $100,000,000 shall be made available 

21 to the Secretary of Agriculture; 

22 (16) $200,000,000 shall be made available for 

23 post-fire restoration activities that are implemented 

24 not later than 3 years after the date that a wildland 

25 fire is contained, of which— 


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1 (A) $100,000,000 shall be made available 

2 to the Secretary of the Interior; and 

3 (B) $100,000,000 shall be made available 

4 to the Secretary of Agriculture; 

5 (17) $8,000,000 shall be made available to the 

6 Secretary of Agriculture— 

7 (A) to provide feedstock to firewood banks; 

8 and 

9 (B) to provide financial assistance for the 

10 operation of firewood banks; and 

11 (18) $10,000,000 shall be available to the Sec12 retary of the Interior and the Secretary of Agri13 culture for the procurement and placement of wild14 fire detection and real-time monitoring equipment, 

15 such as sensors, cameras, and other relevant equip16 ment, in areas at risk of wildfire or post-burned 

17 areas. 

18 (d) WILDLAND FIREFIGHTERS.— 

19 (1) IN GENERAL.—Subject to the availability of 

20 appropriations, not later than 180 days after the 

21 date of enactment of this Act, the Secretary of the 

22 Interior and the Secretary of Agriculture shall, using 

23 the amounts made available under subsection (c)(2), 

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1 sonnel Management to develop a distinct ‘‘wildland 

2 firefighter’’ occupational series. 

3 (2) HAZARDOUS DUTY DIFFERENTIAL NOT AF4 FECTED.—Section 5545(d)(1) of title 5, United 

5 States Code, is amended by striking ‘‘except’’ and all 

6 that follows through ‘‘and’’ at the end and inserting 

7 the following: ‘‘except— 

8 ‘‘(A) an employee in an occupational series 

9 covering positions for which the primary duties 

10 involve the prevention, control, suppression, or 

11 management of wildland fires, as determined by 

12 the Office; and 

13 ‘‘(B) in such other circumstances as the 

14 Office may by regulation prescribe; and’’. 

15 (3) CURRENT EMPLOYEES.—Any individual em16 ployed as a wildland firefighter on the date on which 

17 the occupational series established under paragraph 

18 (1) takes effect may elect— 

19 (A) to remain in the occupational series in 

20 which the individual is employed; or 

21 (B) to be included in the ‘‘wildland fire22 fighter’’ occupational series established under 

23 that paragraph. 

24 (4) PERMANENT EMPLOYEES; INCREASE IN

25 SALARY.—Using the amounts made available under 


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1 subsection (c)(2), beginning October 1, 2021, the 

2 Secretary of the Interior and the Secretary of Agri3 culture shall— 

4 (A) seek to convert not fewer than 1,000 

5 seasonal wildland firefighters to wildland fire6 fighters that— 

7 (i) are full-time, permanent, year8 round Federal employees; and 

9 (ii) reduce hazardous fuels on Federal 

10 land not fewer than 800 hours per year; 

11 and 

12 (B) increase the base salary of a Federal 

13 wildland firefighter by the lesser of an amount 

14 that is commensurate with an increase of 

15 $20,000 per year or an amount equal to 50 per16 cent of the base salary, if the Secretary con17 cerned, in coordination with the Director of the 

18 Office of Personnel Management, makes a writ19 ten determination that the position of the Fed20 eral wildland firefighter is located within a 

21 specified geographic area in which it is difficult 

22 to recruit or retain a Federal wildland fire23 fighter. 

24 (5) NATIONAL WILDFIRE COORDINATING

25 GROUP.—Using the amounts made available under 


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1 subsection (c)(2), not later than October 1, 2022, 

2 the Secretary of the Interior and the Secretary of 

3 Agriculture shall— 

4 (A) develop and adhere to recommenda5 tions for mitigation strategies for wildland fire6 fighters to minimize exposure due to line-of7 duty environmental hazards; and 

8 (B) establish programs for permanent, 

9 temporary, seasonal, and year-round wildland 

10 firefighters to recognize and address mental 

11 health needs, including post-traumatic stress 

12 disorder care. 

13 (e) COLLABORATIVE FOREST LANDSCAPE RESTORA14 TION PROGRAM.—Subject to the availability of appropria15 tions, not later than 180 days after the date of enactment 

16 of this Act, the Secretary of Agriculture shall, using the 

17 amounts made available under subsection (c)(10)— 

18 (1) solicit new project proposals under the Col19 laborative Forest Landscape Restoration Program 

20 established under section 4003 of the Omnibus Pub21 lic Land Management Act of 2009 (16 U.S.C. 7303) 

22 (referred to in this subsection as the ‘‘Program’’); 

23 (2) provide up to 5 years of additional funding 

24 of any proposal originally selected for funding under 

25 the Program prior to September 30, 2018— 


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1 (A) that has been approved for an exten2 sion of funding by the Secretary of Agriculture 

3 prior to the date of enactment of this Act; or 

4 (B) that has been recommended for an ex5 tension of funding by the advisory panel estab6 lished under section 4003(e) of the Omnibus 

7 Public Land Management Act of 2009 (16 

8 U.S.C. 7303(e)) prior to the date of enactment 

9 of this Act that the Secretary of Agriculture 

10 subsequently approves; and 

11 (3) select project proposals for funding under 

12 the Program in a manner that— 

13 (A) gives priority to a project proposal that 

14 will treat acres that— 

15 (i) have been identified as having very 

16 high wildfire hazard potential; and 

17 (ii) are located in— 

18 (I) the wildland-urban interface; 

19 or 

20 (II) a public drinking water 

21 source area; 

22 (B) takes into consideration— 

23 (i) the cost per acre of Federal land 

24 or Indian forest land or rangeland acres 


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1 described in subparagraph (A) to be treat2 ed; and 

3 (ii) the number of acres described in 

4 subparagraph (A) to be treated; 

5 (C) gives priority to a project proposal that 

6 is proposed by a collaborative that has success7 fully accomplished treatments consistent with a 

8 written plan that included a proposed schedule 

9 of completing those treatments, which is not 

10 limited to an earlier proposal funded under the 

11 Program; and 

12 (D) discontinues funding for a project that 

13 fails to achieve the results included in a project 

14 proposal submitted under paragraph (1) for 

15 more than 2 consecutive years. 

16 (f) COMMUNITY WILDFIRE DEFENSE GRANT PRO17 GRAM.— 

18 (1) ESTABLISHMENT.—Subject to the avail19 ability of appropriations, not later than 180 days 

20 after the date of enactment of this Act, the Sec21 retary of Agriculture shall, using amounts made 

22 available under subsection (c)(12), establish a pro23 gram, which shall be separate from the program es24 tablished under section 203 of the Robert T. Staf25 ford Disaster Relief and Emergency Assistance Act 


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1 (42 U.S.C. 5133), under which the Secretary of Ag2 riculture, in cooperation with the States, shall award 

3 grants to at-risk communities, including Indian 

4 Tribes— 

5 (A) to develop or revise a community wild6 fire protection plan; and 

7 (B) to carry out projects described in a 

8 community wildfire protection plan that is not 

9 more than 10 years old. 

10 (2) PRIORITY.—In awarding grants under the 

11 program described in paragraph (1), the Secretary 

12 of Agriculture shall give priority to an at-risk com13 munity that is— 

14 (A) in an area identified by the Secretary 

15 of Agriculture as having high or very high wild16 fire hazard potential; 

17 (B) a low-income community; or 

18 (C) a community impacted by a severe dis19 aster. 

20 (3) COMMUNITY WILDFIRE DEFENSE

21 GRANTS.— 

22 (A) GRANT AMOUNTS.—A grant— 

23 (i) awarded under paragraph (1)(A) 

24 shall be for not more than $250,000; and 


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1 (ii) awarded under paragraph (1)(B) 

2 shall be for not more than $10,000,000. 

3 (B) COST SHARING REQUIREMENT.— 

4 (i) IN GENERAL.—Expect as provided 

5 in clause (ii), the non-Federal cost (includ6 ing the administrative cost) of carrying out 

7 a project using funds from a grant award8 ed under the program described in para9 graph (1) shall be— 

10 (I) not less than 10 percent for a 

11 grant awarded under paragraph 

12 (1)(A); and 

13 (II) not less than 25 percent for 

14 a grant awarded under paragraph 

15 (1)(B). 

16 (ii) WAIVER.—The Secretary of Agri17 culture may waive the cost-sharing require18 ment under clause (i) for a project that 

19 serves an underserved community. 

20 (C) ELIGIBILITY.—The Secretary of Agri21 culture shall not award a grant under para22 graph (1) to an at-risk community that is lo23 cated in a county or community that— 

24 (i) is located in the continental United 

25 States; and 


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1 (ii) has not adopted an ordinance or 

2 regulation that requires the construction of 

3 new roofs on buildings to adhere to stand4 ards that are similar to, or more stringent 

5 than— 

6 (I) the roof construction stand7 ards established by the National Fire 

8 Protection Association; or 

9 (II) an applicable model building 

10 code established by the International 

11 Code Council. 

12 (g) PRIORITIES.—In carrying out projects using 

13 amounts made available under this section, the Secretary 

14 of the Interior or the Secretary of Agriculture, acting 

15 through the Chief of the Forest Service, as applicable, 

16 shall prioritize funding for projects— 

17 (1) for which any applicable processes under 

18 the National Environmental Policy Act of 1969 (42 

19 U.S.C. 4321 et seq.) have been completed on the 

20 date of enactment of this Act; 

21 (2) that reduce the likelihood of experiencing 

22 uncharacteristically severe effects from a potential 

23 wildfire by focusing on areas strategically important 

24 for reducing the risks associated with wildfires; 


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1 (3) that maximize the retention of large trees, 

2 as appropriate for the forest type, to the extent that 

3 the trees promote fire-resilient stands; 

4 (4) that do not include the establishment of 

5 permanent roads; 

6 (5) for which funding would be committed to 

7 decommission all temporary roads constructed to 

8 carry out the project; and 

9 (6) that fully maintain or contribute toward the 

10 restoration of the structure and composition of old 

11 growth stands consistent with the characteristics of 

12 that forest type, taking into account the contribution 

13 of the old growth stand to landscape fire adaption 

14 and watershed health, unless the old growth stand is 

15 part of a science-based ecological restoration project 

16 authorized by the Secretary concerned that meets 

17 applicable protection and old growth enhancement 

18 objectives, as determined by the Secretary con19 cerned. 

20 (h) REPORTS.— The Secretary of the Interior and 

21 the Secretary of Agriculture, acting through the Chief of 

22 the Forest Service, shall complete and submit to the Com23 mittee on Energy and Natural Resources of the Senate 

24 and the Committee on Natural Resources of the House 

25 of Representatives an annual report describing the numVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 ber of acres of land on which projects carried out using 

2 funds made available under this section improved the Fire 

3 Regime Condition Class of the land described in sub4 section (b). 

5 (i) WILDFIRE PREVENTION STUDY.— 

6 (1) IN GENERAL.—Not later than 180 days 

7 after the date of enactment of this Act, the Sec8 retary of Agriculture shall initiate a study of the 

9 construction and maintenance of a system of strate10 gically placed fuelbreaks to control wildfires in west11 ern States. 

12 (2) REVIEW.—The study under paragraph (1) 

13 shall review— 

14 (A) a full suite of manual, chemical, and 

15 mechanical treatments; and 

16 (B) the effectiveness of the system de17 scribed in that paragraph in reducing wildfire 

18 risk and protecting communities. 

19 (3) DETERMINATION.—Not later than 90 days 

20 after the date of completion of the study under para21 graph (1), the Secretary of Agriculture shall deter22 mine whether to initiate the preparation of a pro23 grammatic environmental impact statement imple24 menting the system described in that paragraph in 

25 appropriate locations. 


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1 (j) MONITORING, MAINTENANCE, AND TREATMENT

2 PLAN AND STRATEGY.— 

3 (1) IN GENERAL.—Not later than 120 days 

4 after the date of enactment of this Act, the Sec5 retary of Agriculture and the Secretary of the Inte6 rior shall establish a 5-year monitoring, mainte7 nance, and treatment plan that— 

8 (A) describes activities under subsection 

9 (c) that the Secretary of Agriculture and the 

10 Secretary of the Interior will take to reduce the 

11 risk of wildfire by conducting restoration treat12 ments and improving the Fire Regime Condi13 tion Class of 10,000,000 acres of Federal land 

14 or Tribal Forest land or rangeland that is iden15 tified as having very high wildfire hazard poten16 tial, not including annual treatments otherwise 

17 scheduled; 

18 (B) establishes a process for prioritizing 

19 treatments in areas and communities at the 

20 highest risk of catastrophic wildfires; 

21 (C) includes an innovative plan and proc22 ess— 

23 (i) to leverage public-private partner24 ships and resources, shared stewardship 


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1 agreements, good neighbor agreements, 

2 and similar contracting authorities; 

3 (ii) to prioritize projects for which any 

4 applicable processes under the National 

5 Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.) have been completed 

7 as of the date of enactment of this Act; 

8 (iii) to streamline subsequent projects 

9 based on existing statutory or regulatory 

10 authorities; and 

11 (iv) to develop interagency teams to 

12 increase coordination and efficiency under 

13 the National Environmental Policy Act of 

14 1969 (42 U.S.C. 4321); and 

15 (D) establishes a process for coordinating 

16 prioritization and treatment with State and 

17 local entities and affected stakeholders. 

18 (2) STRATEGY.—Not later than 5 years after 

19 the date of enactment of this Act, the Secretary of 

20 Agriculture and the Secretary of the Interior, in co21 ordination with State and local governments, shall 

22 publish a long-term, outcome-based monitoring, 

23 maintenance, and treatment strategy— 


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1 (A) to maintain forest health improve2 ments and wildfire risk reduction accomplished 

3 under this section; 

4 (B) to continue treatment at levels nec5 essary to address the 20,000,000 acres needing 

6 priority treatment over the 10-year period be7 ginning on the date of publication of the strat8 egy; and 

9 (C) to proactively conduct treatment at a 

10 level necessary to minimize the risk of wildfire 

11 to surrounding at-risk communities. 

12 (k) AUTHORIZED HAZARDOUS FUELS PROJECTS.— 

13 A project carried out using funding authorized under 

14 paragraphs (11)(A)(i), (13), or (14) of subsection (c) shall 

15 be considered an authorized hazardous fuel reduction 

16 project pursuant to section 102 of the Healthy Forests 

17 Restoration Act of 2003 (16 U.S.C. 6512). 

18 SEC. 8004. ECOSYSTEM RESTORATION. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the Secretary of the Inte21 rior and the Secretary of Agriculture, acting through the 

22 Chief of the Forest Service, for the activities described in 

23 subsection (b), $2,130,000,000 for the period of fiscal 

24 years 2022 through 2026. 


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1 (b) ACTIVITIES.—Of the amounts made available 

2 under subsection (a) for the period of fiscal years 2022 

3 through 2026— 

4 (1) $300,000,000 shall be made available, in 

5 accordance with subsection (c), to the Secretary of 

6 the Interior and the Secretary of Agriculture— 

7 (A) for— 

8 (i) entering into contracts, including 

9 stewardship contracts or agreements, the 

10 purpose of each of which shall be to restore 

11 ecological health on not fewer than 10,000 

12 acres of Federal land, including Indian for13 est land or rangeland, and for salaries and 

14 expenses associated with preparing and 

15 executing those contracts; and 

16 (ii) establishing a Working Capital 

17 Fund that may be accessed by the Sec18 retary of the Interior or the Secretary of 

19 Agriculture to fund requirements of con20 tracts described in clause (i), including 

21 cancellation and termination costs, con22 sistent with section 604(h) of the Healthy 

23 Forests Restoration Act of 2003 (16 

24 U.S.C. 6591c(h)), and periodic payments 

25 over the span of the contract period; and 


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1 (B) of which— 

2 (i) $50,000,000 shall be made avail3 able to the Secretary of the Interior to 

4 enter into contracts described in subpara5 graph (A)(i); 

6 (ii) $150,000,000 shall be made avail7 able to the Secretary of Agriculture to 

8 enter into contracts described in subpara9 graph (A)(i); and 

10 (iii) $100,000,000 shall be made 

11 available until expended to the Secretary of 

12 the Interior, notwithstanding any other 

13 provision of this Act, to establish the 

14 Working Capital Fund described in sub15 paragraph (A)(ii); 

16 (2) $200,000,000 shall be made available to 

17 provide to States and Indian Tribes for imple18 menting restoration projects on Federal land pursu19 ant to good neighbor agreements entered into under 

20 section 8206 of the Agricultural Act of 2014 (16 

21 U.S.C. 2113a) or agreements entered into under sec22 tion 2(b) of the Tribal Forest Protection Act of 

23 2004 (25 U.S.C. 3115a(b)), of which— 

24 (A) $40,000,000 shall be made available to 

25 the Secretary of the Interior; and 


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1 (B) $160,000,000 shall be made available 

2 to the Secretary of Agriculture; 

3 (3) $400,000,000 shall be made available to the 

4 Secretary of Agriculture to provide financial assist5 ance to facilities that purchase and process byprod6 ucts from ecosystem restoration projects in accord7 ance with subsection (d); 

8 (4) $400,000,000 shall be made available to the 

9 Secretary of the Interior to provide grants to States, 

10 territories of the United States, and Indian Tribes 

11 for implementing voluntary ecosystem restoration 

12 projects on private or public land, in consultation 

13 with the Secretary of Agriculture, that— 

14 (A) prioritizes funding cross-boundary 

15 projects; and 

16 (B) requires matching funding from the 

17 State, territory of the United States, or Indian 

18 Tribe to be eligible to receive the funding; 

19 (5) $50,000,000 shall be made available to the 

20 Secretary of Agriculture to award grants to States 

21 and Indian Tribes to establish rental programs for 

22 portable skidder bridges, bridge mats, or other tem23 porary water crossing structures, to minimize stream 

24 bed disturbance on non-Federal land and Federal 

25 land; 


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1 (6) $200,000,000 shall be made available for 

2 invasive species detection, prevention, and eradi3 cation, including conducting research and providing 

4 resources to facilitate detection of invasive species at 

5 points of entry and awarding grants for eradication 

6 of invasive species on non-Federal land and on Fed7 eral land, of which— 

8 (A) $100,000,000 shall be made available 

9 to the Secretary of the Interior; and 

10 (B) $100,000,000 shall be made available 

11 to the Secretary of Agriculture; 

12 (7) $100,000,000 shall be made available to re13 store, prepare, or adapt recreation sites on Federal 

14 land, including Indian forest land or rangeland, in 

15 accordance with subsection (e); 

16 (8) $200,000,000 shall be made available to re17 store native vegetation and mitigate environmental 

18 hazards on mined land on Federal and non-Federal 

19 land, of which— 

20 (A) $100,000,000 shall be made available 

21 to the Secretary of the Interior; and 

22 (B) $100,000,000 shall be made available 

23 to the Secretary of Agriculture; 

24 (9) $200,000,000 shall be made available to es25 tablish and implement a national revegetation effort 


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1 on Federal and non-Federal land, including to im2 plement the National Seed Strategy for Rehabilita3 tion and Restoration, of which— 

4 (A) $70,000,000 shall be made available to 

5 the Secretary of the Interior; and 

6 (B) $130,000,000 shall be made available 

7 to the Secretary of Agriculture; and 

8 (10) $80,000,000 shall be made available to the 

9 Secretary of Agriculture, in coordination with the 

10 Secretary of the Interior, to establish a collaborative11 based, landscape-scale restoration program to re12 store water quality or fish passage on Federal land, 

13 including Indian forest land or rangeland, in accord14 ance with subsection (f). 

15 (c) ECOLOGICAL HEALTH RESTORATION CON16 TRACTS.— 

17 (1) SUBMISSION OF LIST OF PROJECTS TO CON18 GRESS.—Until the date on which all of the amounts 

19 made available to carry out subsection (b)(1)(A)(i) 

20 are expended, not later than 90 days before the end 

21 of each fiscal year, the Secretary of the Interior and 

22 the Secretary of Agriculture shall submit to the 

23 Committee on Energy and Natural Resources and 

24 the Committee on Appropriations of the Senate and 

25 the Committee on Natural Resources and the ComVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 mittee on Appropriations of the House of Represent2 atives a list of projects to be funded under that sub3 section in the subsequent fiscal year, including— 

4 (A) a detailed description of each project; 

5 and 

6 (B) an estimate of the cost, including sala7 ries and expenses, for the project. 

8 (2) ALTERNATE ALLOCATION.—Appropriations 

9 Acts may provide for alternate allocation of amounts 

10 made available under subsection (b)(1), consistent 

11 with the allocations under subparagraph (B) of that 

12 subsection. 

13 (3) LACK OF ALTERNATE ALLOCATIONS.—If 

14 Congress has not enacted legislation establishing al15 ternate allocations described in paragraph (2) by the 

16 date on which the Act making full-year appropria17 tions for the Department of the Interior, Environ18 ment, and Related Agencies for the applicable fiscal 

19 year is enacted into law, amounts made available 

20 under subsection (b)(1)(B) shall be allocated by the 

21 President. 

22 (d) WOOD PRODUCTS INFRASTRUCTURE.—The Sec23 retary of Agriculture, in coordination with the Secretary 

24 of the Interior, shall— 


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1 (1) develop a ranking system that categorizes 

2 units of Federal land, including Indian forest land 

3 or rangeland, with regard to treating areas at risk 

4 of unnaturally severe wildfire or insect or disease in5 festation, as being— 

6 (A) very low priority for ecological restora7 tion involving vegetation removal; 

8 (B) low priority for ecological restoration 

9 involving vegetation removal; 

10 (C) medium priority for ecological restora11 tion involving vegetation removal; 

12 (D) high priority for ecological restoration 

13 involving vegetation removal; or 

14 (E) very high priority for ecological res15 toration involving vegetation removal; 

16 (2) determine, for a unit identified under para17 graph (1) as being high or very high priority for eco18 logical restoration involving vegetation removal, if— 

19 (A) a sawmill or other wood-processing fa20 cility exists in close proximity to, or a forest 

21 worker is seeking to conduct restoration treat22 ment work on or in close proximity to, the unit; 

23 and 

24 (B) the presence of a sawmill or other 

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1 crease or does substantially decrease the cost of 

2 conducting ecological restoration projects in3 volving vegetation removal; 

4 (3) in accordance with any conditions the Sec5 retary of Agriculture determines to be necessary, 

6 using the amounts made available under subsection 

7 (b)(3), provide financial assistance, including a low8 interest loan or a loan guarantee, to an entity seek9 ing to establish, reopen, retrofit, expand, or improve 

10 a sawmill or other wood-processing facility in close 

11 proximity to a unit of Federal land that has been 

12 identified under paragraph (1) as high or very high 

13 priority for ecological restoration, if the presence of 

14 a sawmill or other wood-processing facility would 

15 substantially decrease or does substantially decrease 

16 the cost of conducting ecological restoration projects 

17 involving vegetation removal on the unit of Federal 

18 land, including Indian forest land or rangeland, as 

19 determined under paragraph (2)(B); and 

20 (4) to the extent practicable, when allocating 

21 funding to units of Federal land for ecological res22 toration projects involving vegetation removal, give 

23 priority to a unit of Federal land that— 

24 (A) has been identified under paragraph 

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1 logical restoration involving vegetation removal; 

2 and 

3 (B) has a sawmill or other wood-processing 

4 facility— 

5 (i) that, as determined under para6 graph (2)— 

7 (I) exists in close proximity to 

8 the unit; and 

9 (II) does substantially decrease 

10 the cost of conducting ecological res11 toration projects involving vegetation 

12 removal on the unit; or 

13 (ii) that has received financial assist14 ance under paragraph (3). 

15 (e) RECREATION SITES.— 

16 (1) SITE RESTORATION AND IMPROVEMENTS.— 

17 Of the amounts made available under subsection 

18 (b)(7), $45,000,000 shall be made available to the 

19 Secretary of the Interior and $35,000,000 shall be 

20 made available the Secretary of Agriculture to re21 store, prepare, or adapt recreation sites on Federal 

22 land, including Indian forest land or rangeland, that 

23 have experienced or may likely experience visitation 

24 and use beyond the carrying capacity of the sites. 

25 (2) PUBLIC USE RECREATION CABINS.— 


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1 (A) IN GENERAL.—Of the amounts made 

2 available under subsection (b)(7), $20,000,000 

3 shall be made available to the Secretary of Ag4 riculture for— 

5 (i) the operation, repair, reconstruc6 tion, and construction of public use recre7 ation cabins on National Forest System 

8 land; and 

9 (ii) to the extent necessary, the repair 

10 or reconstruction of historic buildings that 

11 are to be outleased under section 306121 

12 of title 54, United States Code. 

13 (B) INCLUSION.—Of the amount described 

14 in subparagraph (A), $5,000,000 shall be made 

15 available to the Secretary of Agriculture for as16 sociated salaries and expenses in carrying out 

17 that subparagraph. 

18 (C) AGREEMENTS.—The Secretary of Ag19 riculture may enter into a lease or cooperative 

20 agreement with a State, Indian Tribe, local gov21 ernment, or private entity— 

22 (i) to carry out the activities described 

23 in subparagraph (A); or 


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1 (ii) to manage the renting of a cabin 

2 or building described in subparagraph (A) 

3 to the public. 

4 (3) EXCLUSION.—A project shall not be eligible 

5 for funding under this subsection if— 

6 (A) funding for the project would be used 

7 for deferred maintenance, as defined by Federal 

8 Accounting Standards Advisory Board; and 

9 (B) the Secretary of the Interior or the 

10 Secretary of Agriculture has identified the 

11 project for funding from the National Parks 

12 and Public Land Legacy Restoration Fund es13 tablished by section 200402(a) of title 54, 

14 United States Code. 

15 (f) COLLABORATIVE-BASED, AQUATIC-FOCUSED, 

16 LANDSCAPE-SCALE RESTORATION PROGRAM.—Subject to 

17 the availability of appropriations, not later than 180 days 

18 after the date of enactment of this Act, the Secretary of 

19 Agriculture shall, in coordination with the Secretary of the 

20 Interior and using the amounts made available under sub21 section (b)(10)— 

22 (1) solicit collaboratively developed proposals 

23 that— 

24 (A) are for 5-year projects to restore fish 

25 passage or water quality on Federal land and 


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1 non-Federal land to the extent allowed under 

2 section 323(a) of the Department of the Inte3 rior and Related Agencies Appropriations Act, 

4 1999 (16 U.S.C. 1011a(a)), including Indian 

5 forest land or rangeland; 

6 (B) contain proposed accomplishments and 

7 proposed non-Federal funding; and 

8 (C) request not more than $5,000,000 in 

9 funding made available under subsection 

10 (b)(10); 

11 (2) select project proposals for funding in a 

12 manner that— 

13 (A) gives priority to a project proposal that 

14 would result in the most miles of streams being 

15 restored for the lowest amount of Federal fund16 ing; and 

17 (B) discontinues funding for a project that 

18 fails to achieve the results included in a pro19 posal submitted under paragraph (1) for more 

20 than 2 consecutive years; and 

21 (3) publish a list of— 

22 (A) all of the priority watersheds on Na23 tional Forest System land; 

24 (B) the condition of each priority water25 shed on the date of enactment of this Act; and 


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1 (C) the condition of each priority water2 shed on the date that is 5 years after the date 

3 of enactment of this Act. 

4 SEC. 8005. GAO STUDY. 

5 (a) STUDY.—Not later than 6 years after the date 

6 of enactment of this Act, the Comptroller General of the 

7 United States shall— 

8 (1) conduct a study on the implementation of 

9 this title and the amendments made by this title, in10 cluding whether this title and the amendments made 

11 by this title have— 

12 (A) effectively reduced wildfire risk, includ13 ing the extent to which the wildfire hazard on 

14 Federal land has changed; and 

15 (B) restored ecosystems on Federal and 

16 non-Federal land; and 

17 (2) submit to Congress a report that describes 

18 the results of the study under paragraph (1). 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the Comptroller General 

21 of the Unites States for the activities described in sub22 section (a) $800,000. 


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1 SEC. 8006. ESTABLISHMENT OF FUEL BREAKS IN FORESTS 

2 AND OTHER WILDLAND VEGETATION. 

3 (a) DEFINITION OF SECRETARY CONCERNED.—In 

4 this section, the term ‘‘Secretary concerned’’ means— 

5 (1) the Secretary of Agriculture, with respect to 

6 National Forest System land; and 

7 (2) the Secretary of the Interior, with respect 

8 to public lands (as defined in section 103 of the 

9 Federal Land Policy and Management Act of 1976 

10 (43 U.S.C. 1702)) administered by the Bureau of 

11 Land Management. 

12 (b) CATEGORICAL EXCLUSION ESTABLISHED.—For13 est management activities described in subsection (c) are 

14 a category of actions designated as being categorically ex15 cluded from the preparation of an environmental assess16 ment or an environmental impact statement under the Na17 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

18 et seq.) if the categorical exclusion is documented through 

19 a supporting record and decision memorandum. 

20 (c) FOREST MANAGEMENT ACTIVITIES DESIGNATED

21 FOR CATEGORICAL EXCLUSION.— 

22 (1) IN GENERAL.—The category of forest man23 agement activities designated under subsection (b) 

24 for a categorical exclusion are forest management 

25 activities described in paragraph (2) that are carried 

26 out by the Secretary concerned on public lands (as 


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1 defined in section 103 of the Federal Land Policy 

2 and Management Act of 1976 (43 U.S.C. 1702)) ad3 ministered by the Bureau of Land Management or 

4 National Forest System land the primary purpose of 

5 which is to establish and maintain linear fuel breaks 

6 that are— 

7 (A) up to 1,000 feet in width contiguous 

8 with or incorporating existing linear features, 

9 such as roads, water infrastructure, trans10 mission and distribution lines, and pipelines of 

11 any length on Federal land; and 

12 (B) intended to reduce the risk of 

13 uncharacteristic wildfire on Federal land or cat14 astrophic wildfire for an adjacent at-risk com15 munity. 

16 (2) ACTIVITIES.—Subject to paragraph (3), the 

17 forest management activities that may be carried out 

18 pursuant to the categorical exclusion established 

19 under subsection (b) are— 

20 (A) mowing or masticating; 

21 (B) thinning by manual and mechanical 

22 cutting; 

23 (C) piling, yarding, and removal of slash or 

24 hazardous fuels; 


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1 (D) selling of vegetation products, includ2 ing timber, firewood, biomass, slash, and fence3 posts; 

4 (E) targeted grazing; 

5 (F) application of— 

6 (i) pesticide; 

7 (ii) biopesticide; or 

8 (iii) herbicide; 

9 (G) seeding of native species; 

10 (H) controlled burns and broadcast burn11 ing; and 

12 (I) burning of piles, including jackpot 

13 piles. 

14 (3) EXCLUDED ACTIVITIES.—A forest manage15 ment activity described in paragraph (2) may not be 

16 carried out pursuant to the categorical exclusion es17 tablished under subsection (b) if the activity is con18 ducted— 

19 (A) in a component of the National Wilder20 ness Preservation System; 

21 (B) on Federal land on which the removal 

22 of vegetation is prohibited or restricted by Act 

23 of Congress, Presidential proclamation (includ24 ing the applicable implementation plan), or reg25 ulation; 


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1 (C) in a wilderness study area; or 

2 (D) in an area in which carrying out the 

3 activity would be inconsistent with the applica4 ble land management plan or resource manage5 ment plan. 

6 (4) EXTRAORDINARY CIRCUMSTANCES.—The 

7 Secretary concerned shall apply the extraordinary 

8 circumstances procedures under section 220.6 of 

9 title 36, Code of Federal Regulations (or a successor 

10 regulation), in determining whether to use a categor11 ical exclusion under subsection (b). 

12 (d) ACREAGE AND LOCATION LIMITATIONS.—Treat13 ments of vegetation in linear fuel breaks covered by the 

14 categorical exclusion established under subsection (b)— 

15 (1) may not contain treatment units in excess 

16 of 3,000 acres; 

17 (2) shall be located primarily in— 

18 (A) the wildland-urban interface or a pub19 lic drinking water source area; 

20 (B) if located outside the wildland-urban 

21 interface or a public drinking water source 

22 area, an area within Condition Class 2 or 3 in 

23 Fire Regime Group I, II, or III that contains 

24 very high wildfire hazard potential; or 


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1 (C) an insect or disease area designated by 

2 the Secretary concerned as of the date of enact3 ment of this Act; and 

4 (3) shall consider the best available scientific 

5 information. 

6 (e) ROADS.— 

7 (1) PERMANENT ROADS.—A project under this 

8 section shall not include the establishment of perma9 nent roads. 

10 (2) EXISTING ROADS.—The Secretary con11 cerned may carry out necessary maintenance and re12 pairs on existing permanent roads for the purposes 

13 of this section. 

14 (3) TEMPORARY ROADS.—The Secretary con15 cerned shall decommission any temporary road con16 structed under a project under this section not later 

17 than 3 years after the date on which the project is 

18 completed. 

19 (f) PUBLIC COLLABORATION.—To encourage mean20 ingful public participation during the preparation of a 

21 project under this section, the Secretary concerned shall 

22 facilitate, during the preparation of each project— 

23 (1) collaboration among State and local govern24 ments and Indian Tribes; and 

25 (2) participation of interested persons. 


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1 SEC. 8007. EMERGENCY ACTIONS. 

2 (a) DEFINITIONS.—In this section: 

3 (1) AUTHORIZED EMERGENCY ACTION.—The 

4 term ‘‘authorized emergency action’’ means an ac5 tion carried out pursuant to an emergency situation 

6 determination to mitigate the harm to life, property, 

7 or important natural or cultural resources on Na8 tional Forest System land or adjacent land. 

9 (2) EMERGENCY SITUATION.—The term ‘‘emer10 gency situation’’ means a situation on National For11 est System land for which immediate implementation 

12 of 1 or more authorized emergency actions is nec13 essary to achieve 1 or more of the following results: 

14 (A) Relief from hazards threatening 

15 human health and safety. 

16 (B) Mitigation of threats to natural re17 sources on National Forest System land or ad18 jacent land. 

19 (3) EMERGENCY SITUATION DETERMINATION.— 

20 The term ‘‘emergency situation determination’’ 

21 means a determination made by the Secretary under 

22 subsection (b)(1)(A). 

23 (4) LAND AND RESOURCE MANAGEMENT

24 PLAN.—The term ‘‘land and resource management 

25 plan’’ means a plan developed under section 6 of the 


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1 Forest and Rangeland Renewable Resources Plan2 ning Act of 1974 (16 U.S.C. 1604). 

3 (5) NATIONAL FOREST SYSTEM LAND.—The 

4 term ‘‘National Forest System land’’ means land of 

5 the National Forest System (as defined in section 

6 11(a) of the Forest and Rangeland Renewable Re7 sources Planning Act of 1974 (16 U.S.C 1609(a))). 

8 (6) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Agriculture. 

10 (b) AUTHORIZED EMERGENCY ACTIONS TO RESPOND

11 TO EMERGENCY SITUATIONS.— 

12 (1) DETERMINATION.— 

13 (A) IN GENERAL.—The Secretary may 

14 make a determination that an emergency situa15 tion exists with respect to National Forest Sys16 tem land. 

17 (B) REVIEW.—An emergency situation de18 termination shall not be subject to objection 

19 under the predecisional administrative review 

20 processes under part 218 of title 36, Code of 

21 Federal Regulations (or successor regulations). 

22 (C) APPLICABILITY.—An emergency situa23 tion determination shall not be subject to the 

24 National Environmental Policy Act of 1969 (42 


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1 U.S.C. 4321 et seq.) or any other applicable 

2 law. 

3 (2) AUTHORIZED EMERGENCY ACTIONS.—After 

4 making an emergency situation determination with 

5 respect to National Forest System land, the Sec6 retary may carry out authorized emergency actions 

7 on that National Forest System land, including 

8 through— 

9 (A) the salvage of dead or dying trees; 

10 (B) the harvest of trees damaged by wind 

11 or ice; 

12 (C) the commercial and noncommercial 

13 sanitation harvest of trees to control insects or 

14 disease, including trees already infested with in15 sects or disease; 

16 (D) the reforestation or replanting of fire17 impacted areas through planting, control of 

18 competing vegetation, or other activities that 

19 enhance natural regeneration and restore forest 

20 species; 

21 (E) the removal of hazardous trees in close 

22 proximity to roads and trails; 

23 (F) the removal of hazardous fuels; 

24 (G) the restoration of water sources or in25 frastructure; 


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1 (H) the reconstruction of existing utility 

2 lines; and 

3 (I) the replacement of underground cables. 

4 (3) RELATION TO LAND AND RESOURCE MAN5 AGEMENT PLANS.—To the maximum extent prac6 ticable, any authorized emergency action carried out 

7 under paragraph (2) shall be conducted consistent 

8 with the land and resource management plan. 

9 (4) ACREAGE LIMITATIONS.—A treatment area 

10 covered by an emergency situation determination on 

11 which an authorized emergency action is carried out 

12 pursuant to paragraph (2) shall consist of not more 

13 than 10,000 acres of National Forest System land. 

14 (c) ENVIRONMENTAL ANALYSIS.— 

15 (1) ENVIRONMENTAL ASSESSMENT OR ENVI16 RONMENTAL IMPACT STATEMENT.—If the Secretary 

17 determines that an authorized emergency action re18 quires an environmental assessment or an environ19 mental impact statement pursuant to section 102(2) 

20 of the National Environmental Policy Act of 1969 

21 (42 U.S.C. 4332(2)), the Secretary shall study, de22 velop, and describe only— 

23 (A) the proposed agency action; and 

24 (B) the alternative of no action. 


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1 (2) PUBLIC NOTICE.—The Secretary shall pro2 vide notice of each authorized emergency action that 

3 the Secretary determines requires an environmental 

4 assessment or environmental impact statement 

5 under paragraph (1), in accordance with applicable 

6 regulations and administrative guidelines. 

7 (3) PUBLIC COMMENT.—The Secretary shall 

8 provide an opportunity for public comment during 

9 the preparation of any environmental assessment or 

10 environmental impact statement under paragraph 

11 (1). 

12 (4) SAVINGS CLAUSE.—Nothing in this sub13 section prohibits the Secretary from making an 

14 emergency situation determination, including a de15 termination that an emergency exists pursuant to 

16 section 218.21(a) or 220.4(b) of title 36, Code of 

17 Federal Regulations (or successor regulations), that 

18 makes it necessary to take an emergency action be19 fore preparing an environmental assessment or envi20 ronmental impact statement under the National En21 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

22 seq.). 

23 (d) ADMINISTRATIVE REVIEW OF AUTHORIZED

24 EMERGENCY ACTIONS.—An authorized emergency action 

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1 tion under the predecisional administrative review proc2 esses established under section 105 of the Healthy Forests 

3 Restoration Act of 2003 (16 U.S.C. 6515) and section 428 

4 of the Department of the Interior, Environment, and Re5 lated Agencies Appropriations Act, 2012 (16 U.S.C. 6515 

6 note; Public Law 112–74). 

7 (e) JUDICIAL REVIEW OF EMERGENCY ACTIONS.— 

8 (1) IN GENERAL.—Section 106 of the Healthy 

9 Forests Restoration Act of 2003 (16 U.S.C. 6516) 

10 shall apply to an authorized emergency action car11 ried out under this section. 

12 (2) REQUIREMENT FOR INJUNCTION.—A court 

13 shall not enjoin an authorized emergency action 

14 under this section if the court determines that the 

15 plaintiff is unable to demonstrate that the claim of 

16 the plaintiff is likely to succeed on the merits. 

17 (f) NOTIFICATION AND GUIDANCE.—The Secretary 

18 shall provide notification and guidance to each local field 

19 office of the Forest Service to ensure awareness of, compli20 ance with, and appropriate use of the authorized emer21 gency action authority under this section. 


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1 TITLE IX—WESTERN WATER 

2 INFRASTRUCTURE 

3 SEC. 9001. AUTHORIZATIONS OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the Sec5 retary of the Interior, acting through the Commissioner 

6 of Reclamation (referred to in this title as the ‘‘Sec7 retary’’), for the period of fiscal years 2022 through 

8 2026— 

9 (1) $1,150,000,000 for water storage, ground10 water storage, and conveyance projects in accord11 ance with section 9002, of which $100,000,000 shall 

12 be made available to provide grants to plan and con13 struct small surface water and groundwater storage 

14 projects in accordance with section 9003; 

15 (2) $3,200,000,000 for the Aging Infrastruc16 ture Account established by subsection (d)(1) of sec17 tion 9603 of the Omnibus Public Land Management 

18 Act of 2009 (43 U.S.C. 510b), to be made available 

19 for activities in accordance with that subsection, in20 cluding major rehabilitation and replacement activi21 ties, as identified in the Asset Management Report 

22 of the Bureau of Reclamation dated April 2021, of 

23 which— 

24 (A) $100,000,000 shall be made available 

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1 ferred works that have suffered a critical fail2 ure, in accordance with section 9004(a); and 

3 (B) $100,000,000 shall be made available 

4 for the rehabilitation, reconstruction, or re5 placement of a dam in accordance with 

6 9004(b); 

7 (3) $1,000,000,000 for rural water projects 

8 that have been authorized by an Act of Congress be9 fore July 1, 2021, in accordance with the Reclama10 tion Rural Water Supply Act of 2006 (43 U.S.C. 

11 2401 et seq.); 

12 (4) $1,000,000,000 for water recycling and 

13 reuse projects, of which— 

14 (A) $550,000,000 shall be made available 

15 for water recycling and reuse projects author16 ized in accordance with the Reclamation Waste17 water and Groundwater Study and Facilities 

18 Act (43 U.S.C. 390h et seq.) that are— 

19 (i) authorized or approved for con20 struction funding by an Act of Congress 

21 before the date of enactment of this Act; 

22 or 

23 (ii) selected for funding under the 

24 competitive grant program authorized pur25 suant to section 1602(f) of the ReclamaVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 tion Wastewater and Groundwater Study 

2 and Facilities Act (43 U.S.C. 390h(f)), 

3 with funding under this subparagraph to 

4 be provided in accordance with that sec5 tion, notwithstanding section 4013 of the 

6 Water Infrastructure Improvements for the 

7 Nation Act (43 U.S.C. 390b note; Public 

8 Law 114–322), except that section 

9 1602(g)(2) of the Reclamation Wastewater 

10 and Groundwater Study and Facilities Act 

11 (43 U.S.C. 390h(g)(2)) shall not apply to 

12 amounts made available under this sub13 paragraph; and 

14 (B) $450,000,000 shall be made available 

15 for large-scale water recycling and reuse 

16 projects in accordance with section 9005; 

17 (5) $250,000,000 for water desalination 

18 projects and studies authorized in accordance with 

19 the Water Desalination Act of 1996 (42 U.S.C. 

20 10301 note; Public Law 104–298) that are— 

21 (A) authorized or approved for construc22 tion funding by an Act of Congress before July 

23 1, 2021; or 

24 (B) selected for funding under the pro25 gram authorized pursuant to section 4(a) of the 


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1 Water Desalination Act of 1996 (42 U.S.C. 

2 10301 note; Public Law 104–298), with fund3 ing to be made available under this paragraph 

4 in accordance with that subsection, notwith5 standing section 4013 of the Water Infrastruc6 ture Improvements for the Nation Act (43 

7 U.S.C. 390b note; Public Law 114–322), except 

8 that paragraph (2)(F) of section 4(a) of the 

9 Water Desalination Act of 1996 (42 U.S.C. 

10 10301 note; Public Law 104–298) (as redesig11 nated by section 9008) shall not apply to 

12 amounts made available under this paragraph; 

13 (6) $500,000,000 for the safety of dams pro14 gram, in accordance with the Reclamation Safety of 

15 Dams Act of 1978 (43 U.S.C. 506 et seq.); 

16 (7) $400,000,000 for WaterSMART grants in 

17 accordance with section 9504 of the Omnibus Public 

18 Land Management Act of 2009 (42 U.S.C. 10364), 

19 of which $100,000,000 shall be made available for 

20 projects that would improve the condition of a nat21 ural feature or nature-based feature (as those terms 

22 are defined in section 9502 of the Omnibus Public 

23 Land Management Act of 2009 (42 U.S.C. 10362)); 

24 (8) subject to section 9006, $300,000,000 for 

25 implementing the Colorado River Basin Drought 


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1 Contingency Plan, consistent with the obligations of 

2 the Secretary under the Colorado River Drought 

3 Contingency Plan Authorization Act (Public Law 

4 116–14; 133 Stat. 850) and related agreements, of 

5 which $50,000,000 shall be made available for use 

6 in accordance with the Drought Contingency Plan 

7 for the Upper Colorado River Basin; 

8 (9) $100,000,000 to provide financial assistance 

9 for watershed management projects in accordance 

10 with subtitle A of title VI of the Omnibus Public 

11 Land Management Act of 2009 (16 U.S.C. 1015 et 

12 seq.); 

13 (10) $250,000,000 for design, study, and con14 struction of aquatic ecosystem restoration and pro15 tection projects in accordance with section 1109 of 

16 division FF of the Consolidated Appropriations Act, 

17 2021 (Public Law 116–260); 

18 (11) $100,000,000 for multi-benefit projects to 

19 improve watershed health in accordance with section 

20 9007; and 

21 (12) $50,000,000 for endangered species recov22 ery and conservation programs in the Colorado River 

23 Basin in accordance with— 

24 (A) Public Law 106–392 (114 Stat. 1602); 


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1 (B) the Grand Canyon Protection Act of 

2 1992 (Public Law 102–575; 106 Stat. 4669); 

3 and 

4 (C) subtitle E of title IX of the Omnibus 

5 Public Land Management Act of 2009 (Public 

6 Law 111–11; 123 Stat. 1327). 

7 SEC. 9002. WATER STORAGE, GROUNDWATER STORAGE, 

8 AND CONVEYANCE PROJECTS. 

9 (a) ELIGIBILITY FOR FUNDING.— 

10 (1) FEASIBILITY STUDIES.— 

11 (A) IN GENERAL.—A feasibility study shall 

12 only be eligible for funding under section 

13 9001(1) if— 

14 (i) the feasibility study has been au15 thorized by an Act of Congress before the 

16 date of enactment of this Act; 

17 (ii) Congress has approved funding 

18 for the feasibility study in accordance with 

19 section 4007 of the Water Infrastructure 

20 Improvements for the Nation Act (43 

21 U.S.C. 390b note; Public Law 114–322) 

22 before the date of enactment of this Act; 

23 or 

24 (iii) the feasibility study is authorized 

25 under subparagraph (B). 


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1 (B) FEASIBILITY STUDY AUTHORIZA2 TIONS.—The Secretary may carry out feasibility 

3 studies for the following projects: 

4 (i) The Verde Reservoirs Sediment 

5 Mitigation Project in the State of Arizona. 

6 (ii) The Tualatin River Basin Project 

7 in the State of Oregon. 

8 (2) CONSTRUCTION.—A project shall only be el9 igible for construction funding under section 

10 9001(1) if— 

11 (A) an Act of Congress enacted before the 

12 date of enactment of this Act authorizes con13 struction of the project; 

14 (B) Congress has approved funding for 

15 construction of the project in accordance with 

16 section 4007 of the Water Infrastructure Im17 provements for the Nation Act (43 U.S.C. 390b 

18 note; Public Law 114–322) before the date of 

19 enactment of this Act, except for any project 

20 for which— 

21 (i) Congress did not approve the rec22 ommendation of the Secretary for funding 

23 under subsection (h)(2) of that section for 

24 at least 1 fiscal year before the date of en25 actment of this Act; or 


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1 (ii) State funding for the project was 

2 rescinded by the State before the date of 

3 enactment of this Act; or 

4 (C)(i) Congress has authorized or approved 

5 funding for a feasibility study for the project in 

6 accordance with clause (i) or (ii) of paragraph 

7 (1)(A) (except that projects described in clauses 

8 (i) and (ii) of subparagraph (B) shall not be eli9 gible); and 

10 (ii) on completion of the feasibility study 

11 for the project, the Secretary— 

12 (I) finds the project to be technically 

13 and financially feasible in accordance with 

14 the reclamation laws; 

15 (II) determines that sufficient non16 Federal funding is available for the non17 Federal cost share of the project; and 

18 (III)(aa) finds the project to be in the 

19 public interest; and 

20 (bb) recommends the project for con21 struction. 

22 (b) COST-SHARING REQUIREMENT.— 

23 (1) IN GENERAL.—The Federal share— 


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1 (A) for a project authorized by an Act of 

2 Congress shall be determined in accordance 

3 with that Act; 

4 (B) for a project approved by Congress in 

5 accordance with section 4007 of the Water In6 frastructure Improvements for the Nation Act 

7 (43 U.S.C. 390b note; Public Law 114–322) 

8 (including construction resulting from a feasi9 bility study authorized under that Act) shall be 

10 as provided in that Act; and 

11 (C) for a project not described in subpara12 graph (A) or (B)— 

13 (i) in the case of a federally owned 

14 project, shall not exceed 50 percent of the 

15 total cost of the project; and 

16 (ii) in the case of a non-Federal 

17 project, shall not exceed 25 percent of the 

18 total cost of the project. 

19 (2) FEDERAL BENEFITS.—Before funding a 

20 project under this section, the Secretary shall deter21 mine that, in return for the Federal investment in 

22 the project, at least a proportionate share of the 

23 benefits are Federal benefits. 


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1 (3) REIMBURSABILITY.—The reimbursability of 

2 Federal funding of projects under this section shall 

3 be in accordance with the reclamation laws. 

4 (c) ENVIRONMENTAL LAWS.—In providing funding 

5 for a project under this section, the Secretary shall comply 

6 with all applicable environmental laws, including the Na7 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

8 et seq.). 

9 SEC. 9003. SMALL WATER STORAGE AND GROUNDWATER 

10 STORAGE PROJECTS. 

11 (a) ESTABLISHMENT OF A COMPETITIVE GRANT

12 PROGRAM FOR SMALL WATER STORAGE AND GROUND13 WATER STORAGE PROJECTS.—The Secretary shall estab14 lish a competitive grant program, under which the non15 Federal project sponsor of any project in a Reclamation 

16 State, including the State of Alaska or Hawaii, determined 

17 by the Secretary to be feasible under subsection (b)(2)(B) 

18 shall be eligible to apply for funding for the planning, de19 sign, and construction of the project. 

20 (b) ELIGIBILITY AND SELECTION.— 

21 (1) SUBMISSION TO THE SECRETARY.— 

22 (A) IN GENERAL.—A non-Federal project 

23 sponsor described in subsection (a) may submit 

24 to the Secretary a proposal for a project eligible 


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1 to receive a grant under this section in the form 

2 of a completed feasibility study. 

3 (B) ELIGIBLE PROJECTS.—A project shall 

4 be considered eligible for consideration for a 

5 grant under this section if the project— 

6 (i) has water storage capacity of not 

7 less than 2,000 acre-feet and not more 

8 than 30,000 acre-feet; and 

9 (ii)(I) increases surface water or 

10 groundwater storage; or 

11 (II) conveys water, directly or indi12 rectly, to or from surface water or ground13 water storage. 

14 (C) GUIDELINES.—Not later than 60 days 

15 after the date of enactment of this Act, the Sec16 retary shall issue guidelines for feasibility stud17 ies for small storage projects to provide suffi18 cient information for the formulation of the 

19 studies. 

20 (2) REVIEW BY THE SECRETARY.—The Sec21 retary shall review each feasibility study received 

22 under paragraph (1)(A) for the purpose of deter23 mining whether— 

24 (A) the feasibility study, and the process 

25 under which the study was developed, each 


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1 comply with Federal laws (including regula2 tions) applicable to feasibility studies of small 

3 storage projects; 

4 (B) the project is technically and finan5 cially feasible, in accordance with— 

6 (i) the guidelines developed under 

7 paragraph (1)(C); and 

8 (ii) the reclamation laws; and 

9 (C) the project provides a Federal benefit, 

10 as determined by the Secretary. 

11 (3) SUBMISSION TO CONGRESS.—Not later than 

12 180 days after the date of receipt of a feasibility 

13 study received under paragraph (1)(A), the Sec14 retary shall submit to the Committee on Energy and 

15 Natural Resources of the Senate and the Committee 

16 on Natural Resources of the House of Representa17 tives a report that describes— 

18 (A) the results of the review of the study 

19 by the Secretary under paragraph (2), including 

20 a determination of whether the project is fea21 sible and provides a Federal benefit; 

22 (B) any recommendations that the Sec23 retary may have concerning the plan or design 

24 of the project; and 


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1 (C) any conditions the Secretary may re2 quire for construction of the project. 

3 (4) ELIGIBILITY FOR FUNDING.— 

4 (A) IN GENERAL.—The non-Federal 

5 project sponsor of any project determined by 

6 the Secretary to be feasible under paragraph 

7 (3)(A) shall be eligible to apply to the Secretary 

8 for a grant to cover the Federal share of the 

9 costs of planning, designing, and constructing 

10 the project pursuant to subsection (c). 

11 (B) REQUIRED DETERMINATION.—Prior to 

12 awarding grants to a small storage project, the 

13 Secretary shall determine whether there is suffi14 cient non-Federal funding available to complete 

15 the project. 

16 (5) PRIORITY.—In awarding grants to projects 

17 under this section, the Secretary shall give priority 

18 to projects that meet 1 or more of the following cri19 teria: 

20 (A) Projects that are likely to provide a 

21 more reliable water supply for States, Indian 

22 Tribes, and local governments, including sub23 divisions of those entities. 

24 (B) Projects that are likely to increase 

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1 pacts on environmental resources from projects 

2 operated by Federal and State agencies. 

3 (C) Projects that are regional in nature. 

4 (D) Projects with multiple stakeholders. 

5 (E) Projects that provide multiple benefits, 

6 including water supply reliability, ecosystem 

7 benefits, groundwater management and en8 hancements, and water quality improvements. 

9 (c) CEILING ON FEDERAL SHARE.—The Federal 

10 share of the costs of each of the individual projects se11 lected under this section shall not exceed the lesser of— 

12 (1) 25 percent of the total project cost; or 

13 (2) $30,000,000. 

14 (d) ENVIRONMENTAL LAWS.—In providing funding 

15 for a grant for a project under this section, the Secretary 

16 shall comply with all applicable environmental laws, in17 cluding the National Environmental Policy Act of 1969 

18 (42 U.S.C. 4321 et seq.). 

19 (e) TERMINATION OF AUTHORITY.—The authority to 

20 carry out this section terminates on the date that is 5 

21 years after the date of enactment of this Act. 

22 SEC. 9004. CRITICAL MAINTENANCE AND REPAIR. 

23 (a) CRITICAL FAILURE AT A RESERVED OR TRANS24 FERRED WORK.— 


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1 (1) IN GENERAL.—A reserved or transferred 

2 work shall only be eligible for funding under section 

3 9001(2)(A) if— 

4 (A) construction of the reserved or trans5 ferred work began on or before January 1, 

6 1915; and 

7 (B) a unit of the reserved or transferred 

8 work suffered a critical failure in Bureau of 

9 Reclamation infrastructure during the 2-year 

10 period ending on the date of enactment of this 

11 Act that resulted in the failure to deliver water 

12 to project beneficiaries. 

13 (2) USE OF FUNDS.—Rehabilitation, repair, 

14 and replacement activities for a transferred or re15 served work using amounts made available under 

16 section 9001(2)(A) may be used for the entire trans17 ferred or reserved work, regardless of whether the 

18 critical failure was limited to a single project of the 

19 overall work. 

20 (3) NONREIMBURSABLE FUNDS.—Notwith21 standing section 9603(b) of the Omnibus Public 

22 Land Management Act of 2009 (43 U.S.C. 

23 510b(b)), amounts made available to a reserved or 

24 transferred work under section 9001(2)(A) shall be 

25 nonreimbursable to the United States. 


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1 (b) CAREY ACT PROJECTS.—The Secretary shall use 

2 amounts made available under section 9001(2)(B) to fund 

3 the rehabilitation, reconstruction, or replacement of a 

4 dam— 

5 (1) the construction of which began on or after 

6 January 1, 1905; 

7 (2) that was developed pursuant to section 4 of 

8 the Act of August 18, 1894 (commonly known as 

9 the ‘‘Carey Act’’) (43 U.S.C. 641; 28 Stat. 422, 

10 chapter 301); 

11 (3) that the Governor of the State in which the 

12 dam is located has— 

13 (A) determined the dam has reached its 

14 useful life; 

15 (B) determined the dam poses significant 

16 health and safety concerns; and 

17 (C) requested Federal support; and 

18 (4) for which the estimated rehabilitation, re19 construction, or replacement, engineering, and per20 mitting costs would exceed $50,000,000. 

21 SEC. 9005. COMPETITIVE GRANT PROGRAM FOR LARGE22 SCALE WATER RECYCLING AND REUSE PRO23 GRAM. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) a State, Indian Tribe, municipality, ir4 rigation district, water district, wastewater dis5 trict, or other organization with water or power 

6 delivery authority; 

7 (B) a State, regional, or local authority, 

8 the members of which include 1 or more organi9 zations with water or power delivery authority; 

10 or 

11 (C) an agency established under State law 

12 for the joint exercise of powers or a combina13 tion of entities described in subparagraphs (A) 

14 and (B). 

15 (2) ELIGIBLE PROJECT.—The term ‘‘eligible 

16 project’’ means a project described in subsection (c). 

17 (3) PROGRAM.—The term ‘‘program’’ means 

18 the grant program established under subsection (b). 

19 (4) RECLAMATION STATE.—The term ‘‘Rec20 lamation State’’ means a State or territory described 

21 in the first section of the Act of June 17, 1902 (43 

22 U.S.C. 391; 32 Stat. 388, chapter 1093). 

23 (b) ESTABLISHMENT.—The Secretary shall establish 

24 a program to provide grants to eligible entities on a com25 petitive basis for the planning, design, and construction 


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1 of large-scale water recycling and reuse projects that pro2 vide substantial water supply and other benefits to the 

3 Reclamation States in accordance with this section. 

4 (c) ELIGIBLE PROJECT.—A project shall be eligible 

5 for a grant under this section if the project— 

6 (1) reclaims and reuses— 

7 (A) municipal, industrial, domestic, or ag8 ricultural wastewater; or 

9 (B) impaired groundwater or surface 

10 water; 

11 (2) has a total estimated cost of $500,000,000 

12 or more; 

13 (3) is located in a Reclamation State; 

14 (4) is constructed, operated, and maintained by 

15 an eligible entity; and 

16 (5) provides a Federal benefit in accordance 

17 with the reclamation laws. 

18 (d) PROJECT EVALUATION.—The Secretary may pro19 vide a grant to an eligible project under the program if— 

20 (1) the eligible entity determines through the 

21 preparation of a feasibility study or equivalent 

22 study, and the Secretary concurs, that the eligible 

23 project— 

24 (A) is technically and financially feasible; 


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1 (B) provides a Federal benefit in accord2 ance with the reclamation laws; and 

3 (C) is consistent with applicable Federal 

4 and State laws; 

5 (2) the eligible entity has sufficient non-Federal 

6 funding available to complete the eligible project, as 

7 determined by the Secretary; 

8 (3) the eligible entity is financially solvent, as 

9 determined by the Secretary; and 

10 (4) not later than 30 days after the date on 

11 which the Secretary concurs with the determinations 

12 under paragraph (1) with respect to the eligible 

13 project, the Secretary submits to Congress written 

14 notice of the determinations. 

15 (e) PRIORITY.—In providing grants to eligible 

16 projects under the program, the Secretary shall give pri17 ority to eligible projects that meet 1 or more of the fol18 lowing criteria: 

19 (1) The eligible project provides multiple bene20 fits, including— 

21 (A) water supply reliability benefits for 

22 drought-stricken States and communities; 

23 (B) fish and wildlife benefits; and 

24 (C) water quality improvements. 


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1 (2) The eligible project is likely to reduce im2 pacts on environmental resources from water 

3 projects owned or operated by Federal and State 

4 agencies, including through measurable reductions in 

5 water diversions from imperiled ecosystems. 

6 (3) The eligible project would advance water 

7 management plans across a multi-State area, such 

8 as drought contingency plans in the Colorado River 

9 Basin. 

10 (4) The eligible project is regional in nature. 

11 (5) The eligible project is collaboratively devel12 oped or supported by multiple stakeholders. 

13 (f) FEDERAL ASSISTANCE.— 

14 (1) FEDERAL COST SHARE.—The Federal share 

15 of the cost of any project provided a grant under the 

16 program shall not exceed 25 percent of the total cost 

17 of the eligible project. 

18 (2) TOTAL DOLLAR CAP.—The Secretary shall 

19 not impose a total dollar cap on Federal contribu20 tions for all eligible individual projects provided a 

21 grant under the program. 

22 (3) NONREIMBURSABLE FUNDS.—Any funds 

23 provided by the Secretary to an eligible entity under 

24 the program shall be considered nonreimbursable. 


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1 (4) FUNDING ELIGIBILITY.—An eligible project 

2 shall not be considered ineligible for assistance 

3 under the program because the eligible project has 

4 received assistance under— 

5 (A) the Reclamation Wastewater and 

6 Groundwater Study and Facilities Act (43 

7 U.S.C. 390h et seq.); 

8 (B) section 4(a) of the Water Desalination 

9 Act of 1996 (42 U.S.C. 10301 note; Public Law 

10 104–298) for eligible desalination projects; or 

11 (C) section 1602(e) of the Reclamation 

12 Wastewater and Groundwater Study and Facili13 ties Act (43 U.S.C. 390h(e)). 

14 (g) ENVIRONMENTAL LAWS.—In providing a grant 

15 for an eligible project under the program, the Secretary 

16 shall comply with all applicable environmental laws, in17 cluding the National Environmental Policy Act of 1969 

18 (42 U.S.C. 4321 et seq.). 

19 (h) GUIDANCE.—Not later than 1 year after the date 

20 of enactment of this Act, the Secretary shall issue guid21 ance on the implementation of the program, including 

22 guidelines for the preparation of feasibility studies or 

23 equivalent studies by eligible entities. 

24 (i) REPORTS.— 


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1 (1) ANNUAL REPORT.—At the end of each fis2 cal year, the Secretary shall make available on the 

3 website of the Department of the Interior an annual 

4 report that lists each eligible project for which a 

5 grant has been awarded under this section during 

6 the fiscal year. 

7 (2) COMPTROLLER GENERAL.— 

8 (A) ASSESSMENT.—The Comptroller Gen9 eral of the United States shall conduct an as10 sessment of the administrative establishment, 

11 solicitation, selection, and justification process 

12 with respect to the funding of grants under this 

13 section. 

14 (B) REPORT.—Not later than 1 year after 

15 the date of the initial award of grants under 

16 this section, the Comptroller General shall sub17 mit to the Committee on Energy and Natural 

18 Resources of the Senate and the Committee on 

19 Natural Resources of the House of Representa20 tives a report that describes— 

21 (i) the adequacy and effectiveness of 

22 the process by which each eligible project 

23 was selected, if applicable; and 


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1 (ii) the justification and criteria used 

2 for the selection of each eligible project, if 

3 applicable. 

4 (j) TREATMENT OF CONVEYANCE.—The Secretary 

5 shall consider the planning, design, and construction of 

6 a conveyance system for an eligible project to be eligible 

7 for grant funding under the program. 

8 (k) TERMINATION OF AUTHORITY.—The authority to 

9 carry out this section terminates on the date that is 5 

10 years after the date of enactment of this Act. 

11 SEC. 9006. DROUGHT CONTINGENCY PLAN FUNDING RE12 QUIREMENTS. 

13 (a) IN GENERAL.—Funds made available under sec14 tion 9001(8) for use in the Lower Colorado River Basin 

15 may be used for projects— 

16 (1) to establish or conserve recurring Colorado 

17 River water that contributes to supplies in Lake 

18 Mead and other Colorado River water reservoirs in 

19 the Lower Colorado River Basin; or 

20 (2) to improve the long-term efficiency of oper21 ations in the Lower Colorado River Basin. 

22 (b) LIMITATION.—None of the funds made available 

23 under section 9001(8) may be used for the operation of 

24 the Yuma Desalting Plant. 


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1 (c) EFFECT.—Nothing in section 9001(8) limits ex2 isting or future opportunities to augment the water sup3 plies of the Colorado River. 

4 SEC. 9007. MULTI-BENEFIT PROJECTS TO IMPROVE WATER5 SHED HEALTH. 

6 (a) DEFINITION OF ELIGIBLE APPLICANT.—In this 

7 section, the term ‘‘eligible applicant’’ means— 

8 (1) a State; 

9 (2) a Tribal or local government; 

10 (3) an organization with power or water deliv11 ery authority; 

12 (4) a regional authority; or 

13 (5) a nonprofit conservation organization. 

14 (b) ESTABLISHMENT OF COMPETITIVE GRANT PRO15 GRAM.—Not later than 1 year after the date of enactment 

16 of this Act, the Secretary, in consultation with the heads 

17 of relevant agencies, shall establish a competitive grant 

18 program under which the Secretary shall award grants to 

19 eligible applicants for the design, implementation, and 

20 monitoring of conservation outcomes of habitat restoration 

21 projects that improve watershed health in a river basin 

22 that is adversely impacted by a Bureau of Reclamation 

23 water project by accomplishing 1 or more of the following: 

24 (1) Ecosystem benefits. 

25 (2) Restoration of native species. 


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1 (3) Mitigation against the impacts of climate 

2 change to fish and wildlife habitats. 

3 (4) Protection against invasive species. 

4 (5) Restoration of aspects of the natural eco5 system. 

6 (6) Enhancement of commercial, recreational, 

7 subsistence, or Tribal ceremonial fishing. 

8 (7) Enhancement of river-based recreation. 

9 (c) REQUIREMENTS.— 

10 (1) IN GENERAL.—In awarding a grant to an 

11 eligible applicant under subsection (b), the Sec12 retary— 

13 (A) shall give priority to an eligible appli14 cant that would carry out a habitat restoration 

15 project that achieves more than 1 of the bene16 fits described in that subsection; and 

17 (B) may not provide a grant to carry out 

18 a habitat restoration project the purpose of 

19 which is to meet existing environmental mitiga20 tion or compliance obligations under Federal or 

21 State law. 

22 (2) COMPLIANCE.—A habitat restoration 

23 project awarded a grant under subsection (b) shall 

24 comply with all applicable Federal and State laws. 


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1 (d) COST-SHARING REQUIREMENT.—The Federal 

2 share of the cost of any habitat restoration project that 

3 is awarded a grant under subsection (b)— 

4 (1) shall not exceed 50 percent of the cost of 

5 the habitat restoration project; or 

6 (2) in the case of a habitat restoration project 

7 that provides benefits to ecological or recreational 

8 values in which the nonconsumptive water conserva9 tion benefit or habitat restoration benefit accounts 

10 for at least 75 percent of the cost of the habitat res11 toration project, as determined by the Secretary, 

12 shall not exceed 75 percent of the cost of the habitat 

13 restoration project. 

14 SEC. 9008. ELIGIBLE DESALINATION PROJECTS. 

15 Section 4(a) of the Water Desalination Act of 1996 

16 (42 U.S.C. 10301 note; Public Law 104–298) is amended 

17 by redesignating the second paragraph (1) (relating to eli18 gible desalination projects) as paragraph (2). 

19 SEC. 9009. CLARIFICATION OF AUTHORITY TO USE 

20 CORONAVIRUS FISCAL RECOVERY FUNDS TO 

21 MEET A NON-FEDERAL MATCHING REQUIRE22 MENT FOR AUTHORIZED BUREAU OF REC23 LAMATION WATER PROJECTS. 

24 (a) CORONAVIRUS STATE FISCAL RECOVERY

25 FUND.—Section 602(c) of the Social Security Act (42 


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1 U.S.C. 802(c)) is amended by adding at the end the fol2 lowing: 

3 ‘‘(4) USE OF FUNDS TO SATISFY NON-FEDERAL

4 MATCHING REQUIREMENTS FOR AUTHORIZED BU5 REAU OF RECLAMATION WATER PROJECTS.—Funds 

6 provided under this section for an authorized Bu7 reau of Reclamation project may be used for pur8 poses of satisfying any non-Federal matching re9 quirement required for the project.’’. 

10 (b) CORONAVIRUS LOCAL FISCAL RECOVERY

11 FUND.—Section 603(c) of the Social Security Act (42 

12 U.S.C. 803(c)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(5) USE OF FUNDS TO SATISFY NON-FEDERAL

15 MATCHING, MAINTENANCE OF EFFORT, OR OTHER

16 EXPENDITURE REQUIREMENT.—Funds provided 

17 under this section for an authorized Bureau of Rec18 lamation project may be used for purposes of satis19 fying any non-Federal matching requirement re20 quired for the project.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect as if included in the enact23 ment of section 9901 of the American Rescue Plan Act 

24 of 2021 (Public Law 117–2; 135 Stat. 223). 


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1 SEC. 9010. FEDERAL ASSISTANCE FOR GROUNDWATER RE2 CHARGE, AQUIFER STORAGE, AND WATER 

3 SOURCE SUBSTITUTION PROJECTS. 

4 (a) IN GENERAL.—The Secretary, in coordination 

5 with affected Indian Tribes, States (including subdivisions 

6 and departments of a State), or a public agency organized 

7 pursuant to State law, may provide technical or financial 

8 assistance for, participate in, and enter into agreements 

9 (including agreements with irrigation entities) for— 

10 (1) groundwater recharge projects; 

11 (2) aquifer storage and recovery projects; and 

12 (3) water source substitution for aquifer protec13 tion projects. 

14 (b) LIMITATION.—Nothing in this section authorizes 

15 additional technical or financial assistance for a surface 

16 water storage facility constructed after the date of enact17 ment of this Act. 

18 TITLE X—AUTHORIZATION OF 

19 APPROPRIATIONS FOR EN20 ERGY ACT OF 2020 

21 SEC. 10001. ENERGY STORAGE DEMONSTRATION 

22 PROJECTS. 

23 (a) ENERGY STORAGE DEMONSTRATION PROJECTS; 

24 PILOT GRANT PROGRAM.—There is authorized to be ap25 propriated to the Secretary to carry out activities under 

26 section 3201(c) of the Energy Act of 2020 (42 U.S.C. 


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1 17232(c)) $355,000,000 for the period of fiscal years 

2 2022 through 2025. 

3 (b) LONG-DURATION DEMONSTRATION INITIATIVE

4 AND JOINT PROGRAM.—There is authorized to be appro5 priated to the Secretary to carry out activities under sec6 tion 3201(d) of the Energy Act of 2020 (42 U.S.C. 

7 17232(d)) $150,000,000 for the period of fiscal years 

8 2022 through 2025. 

9 SEC. 10002. ADVANCED REACTOR DEMONSTRATION PRO10 GRAM. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary to carry 

13 out activities under section 959A of the Energy Policy Act 

14 of 2005 (42 U.S.C. 16279a) pursuant to the funding op15 portunity announcement of the Department numbered 

16 DE–FOA–0002271 for Pathway 1, Advanced Reactor 

17 Demonstrations— 

18 (1) $511,000,000 for fiscal year 2022; 

19 (2) $506,000,000 for fiscal year 2023; 

20 (3) $636,000,000 for fiscal year 2024; 

21 (4) $824,000,000 for fiscal year 2025; 

22 (5) $453,000,000 for fiscal year 2026; and 

23 (6) $281,000,000 for fiscal year 2027. 

24 (b) TECHNICAL CORRECTIONS.— 


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1 (1) DEFINITION OF ADVANCED NUCLEAR REAC2 TOR.—Section 951(b)(1) of the Energy Policy Act of 

3 2005 (42 U.S.C. 16271(b)(1)) is amended— 

4 (A) in subparagraph (A)(xi), by striking ‘‘; 

5 and’’ and inserting a semicolon; 

6 (B) in subparagraph (B), by striking the 

7 period at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(C) a radioisotope power system that uti10 lizes heat from radioactive decay to generate 

11 energy.’’. 

12 (2) NUCLEAR ENERGY UNIVERSITY PROGRAM

13 FUNDING.—Section 954(a)(6) of the Energy Policy 

14 Act of 2005 (42 U.S.C. 16274(a)(6)) is amended by 

15 inserting ‘‘, excluding funds appropriated for the Ad16 vanced Reactor Demonstration Program of the De17 partment,’’ after ‘‘annually’’. 

18 SEC. 10003. MINERAL SECURITY PROJECTS. 

19 (a) NATIONAL GEOLOGICAL AND GEOPHYSICAL

20 DATA PRESERVATION PROGRAM.—There are authorized 

21 to be appropriated to the Secretary of the Interior to carry 

22 out activities under section 351 of the Energy Policy Act 

23 of 2005 (42 U.S.C. 15908)— 

24 (1) $8,668,000 for fiscal year 2022; and 


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1 (2) $5,000,000 for each of fiscal years 2023 

2 through 2025. 

3 (b) RARE EARTH MINERAL SECURITY.—There are 

4 authorized to be appropriated to the Secretary to carry 

5 out activities under section 7001(a) of the Energy Act of 

6 2020 (42 U.S.C. 13344(a))— 

7 (1) $23,000,000 for fiscal year 2022; 

8 (2) $24,200,000 for fiscal year 2023; 

9 (3) $25,400,000 for fiscal year 2024; 

10 (4) $26,600,000 for fiscal year 2025; and 

11 (5) $27,800,000 for fiscal year 2026. 

12 (c) CRITICAL MATERIAL INNOVATION, EFFICIENCY, 

13 AND ALTERNATIVES.—There are authorized to be appro14 priated to the Secretary to carry out activities under sec15 tion 7002(g) of the Energy Act of 2020 (30 U.S.C. 

16 1606(g))— 

17 (1) $230,000,000 for fiscal year 2022; 

18 (2) $100,000,000 for fiscal year 2023; and 

19 (3) $135,000,000 for each of fiscal years 2024 

20 and 2025. 

21 (d) CRITICAL MATERIAL SUPPLY CHAIN RESEARCH

22 FACILITY.—There are authorized to be appropriated to 

23 the Secretary to carry out activities under section 7002(h) 

24 of the Energy Act of 2020 (30 U.S.C. 1606(h))— 

25 (1) $40,000,000 for fiscal year 2022; and 


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1 (2) $35,000,000 for fiscal year 2023. 

2 SEC. 10004. CARBON CAPTURE DEMONSTRATION AND 

3 PILOT PROGRAMS. 

4 (a) CARBON CAPTURE LARGE-SCALE PILOT

5 PROJECTS.—There are authorized to be appropriated to 

6 the Secretary to carry out activities under section 

7 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 

8 16292(b)(2)(B))— 

9 (1) $387,000,000 for fiscal year 2022; 

10 (2) $200,000,000 for fiscal year 2023; 

11 (3) $200,000,000 for fiscal year 2024; and 

12 (4) $150,000,000 for fiscal year 2025. 

13 (b) CARBON CAPTURE DEMONSTRATION PROJECTS

14 PROGRAM.—There are authorized to be appropriated to 

15 the Secretary to carry out activities under section 

16 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 

17 16292(b)(2)(C))— 

18 (1) $937,000,000 for fiscal year 2022; 

19 (2) $500,000,000 for each of fiscal years 2023 

20 and 2024; and 

21 (3) $600,000,000 for fiscal year 2025. 

22 SEC. 10005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE 

23 COMPETITIONS. 

24 (a) PRECOMMERCIAL.—There is authorized to be ap25 propriated to the Secretary to carry out activities under 


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1 section 969D(e)(2)(A) of the Energy Policy Act of 2005 

2 (42 U.S.C. 16298d(e)(2)(A)) $15,000,000 for fiscal year 

3 2022. 

4 (b) COMMERCIAL.—There is authorized to be appro5 priated to the Secretary to carry out activities under sec6 tion 969D(e)(2)(B) of the Energy Policy Act of 2005 (42 

7 U.S.C. 16298d(e)(2)(B)) $100,000,000 for fiscal year 

8 2022. 

9 SEC. 10006. WATER POWER PROJECTS. 

10 (a) HYDROPOWER AND MARINE ENERGY.—There 

11 are authorized to be appropriated to the Secretary— 

12 (1) to carry out activities under section 634 of 

13 the Energy Independence and Security Act of 2007 

14 (42 U.S.C. 17213), $36,000,000 for the period of 

15 fiscal years 2022 through 2025; and 

16 (2) to carry out activities under section 635 of 

17 the Energy Independence and Security Act of 2007 

18 (42 U.S.C. 17214), $70,400,000 for the period of 

19 fiscal years 2022 through 2025. 

20 (b) NATIONAL MARINE ENERGY CENTERS.—There is 

21 authorized to be appropriated to the Secretary to carry 

22 out activities under section 636 of the Energy Independ23 ence and Security Act of 2007 (42 U.S.C. 17215) 

24 $40,000,000 for the period of fiscal years 2022 through 

25 2025. 


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1 SEC. 10007. RENEWABLE ENERGY PROJECTS. 

2 (a) GEOTHERMAL ENERGY.—There is authorized to 

3 be appropriated to the Secretary to carry out activities 

4 under section 615(d) of the Energy Independence and Se5 curity Act of 2007 (42 U.S.C. 17194(d)) $84,000,000 for 

6 the period of fiscal years 2022 through 2025. 

7 (b) WIND ENERGY.—There are authorized to be ap8 propriated to the Secretary— 

9 (1) to carry out activities under section 

10 3003(b)(2) of the Energy Act of 2020 (42 U.S.C. 

11 16237(b)(2)), $60,000,000 for the period of fiscal 

12 years 2022 through 2025; and 

13 (2) to carry out activities under section 

14 3003(b)(4) of the Energy Act of 2020 (42 U.S.C. 

15 16237(b)(4)), $40,000,000 for the period of fiscal 

16 years 2022 through 2025. 

17 (c) SOLAR ENERGY.—There are authorized to be ap18 propriated to the Secretary— 

19 (1) to carry out activities under section 

20 3004(b)(2) of the Energy Act of 2020 (42 U.S.C. 

21 16238(b)(2)), $40,000,000 for the period of fiscal 

22 years 2022 through 2025; 

23 (2) to carry out activities under section 

24 3004(b)(3) of the Energy Act of 2020 (42 U.S.C. 

25 16238(b)(3)), $20,000,000 for the period of fiscal 

26 years 2022 through 2025; and 


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1 (3) to carry out activities under section 

2 3004(b)(4) of the Energy Act of 2020 (42 U.S.C. 

3 16238(b)(4)), $20,000,000 for the period of fiscal 

4 years 2022 through 2025. 

5 (d) CLARIFICATION.—Amounts authorized to be ap6 propriated under subsection (b) are authorized to be a 

7 part of, and not in addition to, any amounts authorized 

8 to be appropriated by section 3003(b)(7) of the Energy 

9 Act of 2020 (42 U.S.C. 16237(b)(7)). 

10 SEC. 10008. INDUSTRIAL EMISSIONS DEMONSTRATION 

11 PROJECTS. 

12 There are authorized to be appropriated to the Sec13 retary to carry out activities under section 454(d)(3) of 

14 the Energy Independence and Security Act of 2007 (42 

15 U.S.C. 17113(d)(3))— 

16 (1) $100,000,000 for each of fiscal years 2022 

17 and 2023; and 

18 (2) $150,000,000 for each of fiscal years 2024 

19 and 2025. 

20 TITLE XI—WAGE RATE 

21 REQUIREMENTS 

22 SEC. 11001. WAGE RATE REQUIREMENTS. 

23 (a) DAVIS-BACON.—All laborers and mechanics em24 ployed by contractors or subcontractors in the perform25 ance of construction, alteration, or repair work on a 


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1 project assisted in whole or in part by funding made avail2 able under this Act or an amendment made by this Act 

3 shall be paid wages at rates not less than those prevailing 

4 on similar projects in the locality, as determined by the 

5 Secretary of Labor in accordance with subchapter IV of 

6 chapter 31 of title 40, United States Code (commonly re7 ferred to as the ‘‘Davis-Bacon Act’’). 

8 (b) AUTHORITY.—With respect to the labor stand9 ards specified in subsection (a), the Secretary of Labor 

10 shall have the authority and functions set forth in Reorga11 nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 

12 U.S.C. App.) and section 3145 of title 40, United States 

13 Code. 

14 TITLE XII—MISCELLANEOUS 

15 SEC. 12001. OFFICE OF CLEAN ENERGY DEMONSTRATIONS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COVERED PROJECT.—The term ‘‘covered 

18 project’’ means a demonstration project of the De19 partment that— 

20 (A) receives or is eligible to receive funding 

21 from the Secretary; and 

22 (B) is authorized under— 

23 (i) this Act; or 

24 (ii) the Energy Act of 2020 (Public 

25 Law 116–260; 134 Stat. 1182). 


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1 (2) PROGRAM.—The term ‘‘program’’ means 

2 the program established under subsection (b). 

3 (b) ESTABLISHMENT.—The Secretary, in coordina4 tion with the heads of relevant program offices of the De5 partment, shall establish a program to conduct project 

6 management and oversight of covered projects, including 

7 by— 

8 (1) conducting evaluations of proposals for cov9 ered projects before the selection of a covered project 

10 for funding; 

11 (2) conducting independent oversight of the 

12 execution of a covered project after funding has been 

13 awarded for that covered project; and 

14 (3) ensuring a balanced portfolio of investments 

15 in covered projects. 

16 (c) DUTIES.—The Secretary shall appoint a head of 

17 the program who shall, in coordination with the heads of 

18 relevant program offices of the Department— 

19 (1) evaluate proposals for covered projects, in20 cluding scope, technical specifications, maturity of 

21 design, funding profile, estimated costs, proposed 

22 schedule, proposed technical and financial mile23 stones, and potential for commercial success based 

24 on economic and policy projections; 


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1 (2) develop independent cost estimates for a 

2 proposal for a covered project, if appropriate; 

3 (3) recommend to the head of a program office 

4 of the Department, as appropriate, whether to fund 

5 a proposal for a covered project; 

6 (4) oversee the execution of covered projects 

7 that receive funding from the Secretary, including 

8 reconciling estimated costs as compared to actual 

9 costs; 

10 (5) conduct reviews of ongoing covered projects, 

11 including— 

12 (A) evaluating the progress of a covered 

13 project based on the proposed schedule and 

14 technical and financial milestones; and 

15 (B) providing the evaluations under sub16 paragraph (A) to the Secretary; and 

17 (6) assess the lessons learned in overseeing cov18 ered projects and implement improvements in the 

19 process of evaluating and overseeing covered 

20 projects. 

21 (d) EMPLOYEES.—To carry out the program, the 

22 Secretary may hire appropriate personnel to perform the 

23 duties of the program. 

24 (e) COORDINATION.—In carrying out the program, 

25 the head of the program shall coordinate with— 


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1 (1) project management and acquisition man2 agement entities with the Department, including the 

3 Office of Project Management; and 

4 (2) professional organizations in project man5 agement, construction, cost estimation, and other 

6 relevant fields. 

7 (f) REPORTS.— 

8 (1) REPORT BY SECRETARY.—The Secretary 

9 shall include in each updated technology transfer 

10 execution plan submitted under subsection (h)(2) of 

11 section 1001 of the Energy Policy Act of 2005 (42 

12 U.S.C. 16391) information on the implementation of 

13 and progress made under the program, including, 

14 for the year covered by the report— 

15 (A) the covered projects under the purview 

16 of the program; and 

17 (B) the review of each covered project car18 ried out under subsection (c)(5). 

19 (2) REPORT BY COMPTROLLER GENERAL.—Not 

20 later than 3 years after the date of enactment of 

21 this Act, the Comptroller General of the United 

22 States shall submit to the Committee on Energy and 

23 Natural Resources of the Senate and the Committee 

24 on Science, Space, and Technology of the House of 


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1 Representatives a report evaluating the operation of 

2 the program, including— 

3 (A) a description of the processes and pro4 cedures used by the program to evaluate pro5 posals of covered projects and the oversight of 

6 covered projects; and 

7 (B) any recommended changes in the pro8 gram, including changes to— 

9 (i) the processes and procedures de10 scribed in subparagraph (A); and 

11 (ii) the structure of the program, for 

12 the purpose of better carrying out the pro13 gram. 

14 (g) TECHNICAL AMENDMENT.—Section 1001 of the 

15 Energy Policy Act of 2005 (42 U.S.C. 16391) is amended 

16 by redesignating the second subsections (f) (relating to 

17 planning and reporting) and (g) (relating to additional 

18 technology transfer programs) as subsections (h) and (i), 

19 respectively. 

20 SEC. 12002. EXTENSION OF SECURE RURAL SCHOOLS AND 

21 COMMUNITY SELF-DETERMINATION ACT OF 

22 2000. 

23 (a) DEFINITION OF FULL FUNDING AMOUNT.—Sec24 tion 3(11) of the Secure Rural Schools and Community 

25 Self-Determination Act of 2000 (16 U.S.C. 7102(11)) is 


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1 amended by striking subparagraphs (D) and (E) and in2 serting the following: 

3 ‘‘(D) for fiscal year 2017, the amount that 

4 is equal to 95 percent of the full funding 

5 amount for fiscal year 2015; 

6 ‘‘(E) for each of fiscal years 2018 through 

7 2020, the amount that is equal to 95 percent 

8 of the full funding amount for the preceding fis9 cal year; and 

10 ‘‘(F) for fiscal year 2021 and each fiscal 

11 year thereafter, the amount that is equal to the 

12 full funding amount for fiscal year 2017.’’. 

13 (b) SECURE PAYMENTS FOR STATES AND COUNTIES

14 CONTAINING FEDERAL LAND.— 

15 (1) SECURE PAYMENTS.—Section 101 of the 

16 Secure Rural Schools and Community Self-Deter17 mination Act of 2000 (16 U.S.C. 7111) is amended, 

18 in subsections (a) and (b), by striking ‘‘2015, 2017, 

19 2018, 2019, and 2020’’ each place it appears and 

20 inserting ‘‘2015 and 2017 through 2023’’. 

21 (2) DISTRIBUTION OF PAYMENTS TO ELIGIBLE

22 COUNTIES.—Section 103(d)(2) of the Secure Rural 

23 Schools and Community Self-Determination Act of 

24 2000 (16 U.S.C. 7113(d)(2)) is amended by striking 

25 ‘‘2020’’ and inserting ‘‘2023’’. 


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1 (c) PILOT PROGRAM TO STREAMLINE NOMINATION

2 OF MEMBERS OF RESOURCE ADVISORY COMMITTEES.— 

3 Section 205 of the Secure Rural Schools and Community 

4 Self-Determination Act of 2000 (16 U.S.C. 7125) is 

5 amended by striking subsection (g) and inserting the fol6 lowing: 

7 ‘‘(g) RESOURCE ADVISORY COMMITTEE APPOINT8 MENT PILOT PROGRAMS.— 

9 ‘‘(1) DEFINITIONS.—In this subsection: 

10 ‘‘(A) APPLICABLE DESIGNEE.—The term 

11 ‘applicable designee’ means the applicable re12 gional forester. 

13 ‘‘(B) NATIONAL PILOT PROGRAM.—The 

14 term ‘national pilot program’ means the na15 tional pilot program established under para16 graph (4)(A). 

17 ‘‘(C) REGIONAL PILOT PROGRAM.—The 

18 term ‘regional pilot program’ means the re19 gional pilot program established under para20 graph (3)(A). 

21 ‘‘(2) ESTABLISHMENT OF PILOT PROGRAMS.— 

22 In accordance with paragraphs (3) and (4), the Sec23 retary concerned shall carry out 2 pilot programs to 

24 appoint members of resource advisory committees. 

25 ‘‘(3) REGIONAL PILOT PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—The Secretary con2 cerned shall carry out a regional pilot program 

3 to allow an applicable designee to appoint mem4 bers of resource advisory committees. 

5 ‘‘(B) GEOGRAPHIC LIMITATION.—The re6 gional pilot program shall only apply to re7 source advisory committees chartered in— 

8 ‘‘(i) the State of Montana; and 

9 ‘‘(ii) the State of Arizona. 

10 ‘‘(C) RESPONSIBILITIES OF APPLICABLE

11 DESIGNEE.— 

12 ‘‘(i) REVIEW.—Before appointing a 

13 member of a resource advisory committee 

14 under the regional pilot program, an appli15 cable designee shall conduct the review and 

16 analysis that would otherwise be conducted 

17 for an appointment to a resource advisory 

18 committee if the regional pilot program 

19 was not in effect, including any review and 

20 analysis with respect to civil rights and 

21 budgetary requirements. 

22 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 

23 this paragraph relieves an applicable des24 ignee from any requirement developed by 

25 the Secretary concerned for making an apVerDate Sep 11 2014 23:29 Jul 19, 2021 Jkt 019200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.RS S2377

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1 pointment to a resource advisory com2 mittee that is in effect on December 20, 

3 2018, including any requirement for adver4 tising a vacancy. 

5 ‘‘(4) NATIONAL PILOT PROGRAM.— 

6 ‘‘(A) IN GENERAL.—The Secretary con7 cerned shall carry out a national pilot program 

8 to allow the Chief of the Forest Service or the 

9 Director of the Bureau of Land Management, 

10 as applicable, to submit to the Secretary con11 cerned nominations of individuals for appoint12 ment as members of resource advisory commit13 tees. 

14 ‘‘(B) APPOINTMENT.—Under the national 

15 pilot program, subject to subparagraph (C), not 

16 later than 30 days after the date on which a 

17 nomination is transmitted to the Secretary con18 cerned under subparagraph (A), the Secretary 

19 concerned shall— 

20 ‘‘(i) appoint the nominee to the appli21 cable resource advisory committee; or 

22 ‘‘(ii) reject the nomination. 

23 ‘‘(C) AUTOMATIC APPOINTMENT.—If the 

24 Secretary concerned does not act on a nomina25 tion in accordance with subparagraph (B) by 


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1 the date described in that subparagraph, the 

2 nominee shall be deemed appointed to the appli3 cable resource advisory committee. 

4 ‘‘(D) GEOGRAPHIC LIMITATION.—The na5 tional pilot program shall apply to a resource 

6 advisory committee chartered in any State other 

7 than— 

8 ‘‘(i) the State of Montana; or 

9 ‘‘(ii) the State of Arizona. 

10 ‘‘(E) SAVINGS CLAUSE.—Nothing in this 

11 paragraph relieves the Secretary concerned 

12 from any requirement relating to an appoint13 ment to a resource advisory committee, includ14 ing any requirement with respect to civil rights 

15 or advertising a vacancy. 

16 ‘‘(5) TERMINATION OF EFFECTIVENESS.—The 

17 authority provided under this subsection terminates 

18 on October 1, 2023. 

19 ‘‘(6) REPORT TO CONGRESS.—Not later 180 

20 days after the date described in paragraph (5), the 

21 Secretary concerned shall submit to Congress a re22 port that includes— 

23 ‘‘(A) with respect to appointments made 

24 under the regional pilot program compared to 


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1 appointments made under the national pilot 

2 program, a description of the extent to which— 

3 ‘‘(i) appointments were faster or slow4 er; and 

5 ‘‘(ii) the requirements described in 

6 paragraph (3)(C)(i) differ; and 

7 ‘‘(B) a recommendation with respect to 

8 whether Congress should terminate, continue, 

9 modify, or expand the pilot programs.’’. 

10 (d) EXTENSION OF AUTHORITY TO CONDUCT SPE11 CIAL PROJECTS ON FEDERAL LAND.— 

12 (1) EXISTING ADVISORY COMMITTEES.—Section 

13 205(a)(4) of the Secure Rural Schools and Commu14 nity Self-Determination Act of 2000 (16 U.S.C. 

15 7125(a)(4)) is amended by striking ‘‘December 20, 

16 2021’’ each place it appears and inserting ‘‘Decem17 ber 20, 2023’’. 

18 (2) EXTENSION OF AUTHORITY.—Section 208 

19 of the Secure Rural Schools and Community Self20 Determination Act of 2000 (16 U.S.C. 7128) is 

21 amended— 

22 (A) in subsection (a), by striking ‘‘2022’’ 

23 and inserting ‘‘2025’’; and 

24 (B) in subsection (b), by striking ‘‘2023’’ 

25 and inserting ‘‘2026’’. 


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1 (e) ACCESS TO BROADBAND AND OTHER TECH2 NOLOGY.—Section 302(a) of the Secure Rural Schools and 

3 Community Self-Determination Act of 2000 (16 U.S.C. 

4 7142(a)) is amended— 

5 (1) in paragraph (3), by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (4), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(5) to provide or expand access to— 

11 ‘‘(A) broadband telecommunications serv12 ices at local schools; or 

13 ‘‘(B) the technology and connectivity nec14 essary for students to use a digital learning tool 

15 at or outside of a local school campus.’’. 

16 (f) EXTENSION OF AUTHORITY TO EXPEND COUNTY

17 FUNDS.—Section 304 of the Secure Rural Schools and 

18 Community Self-Determination Act of 2000 (16 U.S.C. 

19 7144) is amended— 

20 (1) in subsection (a), by striking ‘‘2022’’ and 

21 inserting ‘‘2025’’; and 

22 (2) in subsection (b), by striking ‘‘2023’’ and 

23 inserting ‘‘2026’’. 

24 (g) AMOUNTS OBLIGATED BUT UNSPENT; PROHIBI25 TION ON USE OF FUNDS.—Title III of the Secure Rural 


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1 Schools and Community Self-Determination Act of 2000 

2 (16 U.S.C. 7141 et seq.) is amended— 

3 (1) by redesignating section 304 as section 305; 

4 and 

5 (2) by inserting after section 303 the following: 

6 ‘‘SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; PROHIBI7 TION ON USE OF FUNDS. 

8 ‘‘(a) AMOUNTS OBLIGATED BUT UNSPENT.—Any 

9 county funds that were obligated by the applicable partici10 pating county before October 1, 2017, but are unspent on 

11 October 1, 2020— 

12 ‘‘(1) may, at the option of the participating 

13 county, be deemed to have been reserved by the par14 ticipating county on October 1, 2020, for expendi15 ture in accordance with this title; and 

16 ‘‘(2)(A) may be used by the participating coun17 ty for any authorized use under section 302(a); and 

18 ‘‘(B) on a determination by the participating 

19 county under subparagraph (A) to use the county 

20 funds, shall be available for projects initiated after 

21 October 1, 2020, subject to section 305. 

22 ‘‘(b) PROHIBITION ON USE OF FUNDS.—Notwith23 standing any other provision of law, effective beginning 

24 on the date of enactment of the Energy Infrastructure 

25 Act, no county funds made available under this title may 


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1 be used by any participating county for any lobbying activ2 ity, regardless of the purpose for which the funds are obli3 gated on or before that date.’’. 


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Calendar No. 104 

117TH CONGRESS 

1ST SESSION S. 2377 

A BILL 

To invest in the energy and outdoor infrastructure 

and for other purposes. frastructure against physical and cyber threats, to be reliable and resilient, and secure energy intive technologies, update existing infrastructure of the United States to deploy new and innovaJULY 19, 2021 

Read twice and placed on the calendar 


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