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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2780 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 503
117th CONGRESS
  2d Session
                                H. R. 2780

                      [Report No. 117-686, Part I]

  To provide for climate change planning, mitigation, adaptation, and 
   resilience in the United States Territories and Freely Associated 
                    States, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2021

 Mr. Grijalva (for himself, Mr. Sablan, Mr. San Nicolas, Ms. Plaskett, 
 Mr. Soto, and Ms. Velazquez) introduced the following bill; which was 
referred to the Committee on Natural Resources, and in addition to the 
 Committees on Energy and Commerce, Transportation and Infrastructure, 
  and Science, Space, and Technology, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

                           December 30, 2022

    Additional sponsors: Ms. Tlaib, Mrs. Napolitano, Mr. Cohen, Mr. 
McEachin, Ms. Brownley, Mr. Torres of New York, Ms. Stansbury, and Mr. 
                                 Neguse

                           December 30, 2022

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 30, 2022

 Committees on Energy and Commerce, Transportation and Infrastructure, 
    and Science, Space, and Technology discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               22, 2021]

_______________________________________________________________________

                                 A BILL

 
  To provide for climate change planning, mitigation, adaptation, and 
   resilience in the United States Territories and Freely Associated 
                    States, and for other purposes.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Insular Area Climate Change Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Findings.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Insular Area Climate Change Interagency Task Force.
Sec. 102. Non-Federal cost-share waiver.
Sec. 103. Coral reefs prize competitions.

                  TITLE II--DEPARTMENT OF THE INTERIOR

Sec. 201. Office of Insular Affairs Technical Assistance Program.
Sec. 202. Runit Dome report and monitoring activities.

       TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Sec. 301. Climate Change Insular Research Grant Program.
Sec. 302. Coastal management technical assistance and report.
Sec. 303. National Weather Service technical assistance and grants.
Sec. 304. Ocean and Coastal Mapping Integration Act.

                     TITLE IV--DEPARTMENT OF ENERGY

Sec. 401. Office of Insular Area Energy Policy and Programs.
Sec. 402. Comprehensive energy plans.
Sec. 403. Energy Efficient Product Rebate Program.
Sec. 404. Renewable Energy Grant Program.
Sec. 405. Offshore wind for the territories.
Sec. 406. State Energy Program non-Federal cost-share waiver.

                TITLE V--ENVIRONMENTAL PROTECTION AGENCY

Sec. 501. Definitions.
Sec. 502. Insular Area National Program Office.
Sec. 503. Insular Area Sustainable Infrastructure Grant Program.
Sec. 504. Insular Area Renewable Energy Grant Program.
Sec. 505. Insular Area Technical Assistance Program.

                     TITLE VI--EMERGENCY MANAGEMENT

Sec. 601. Community disaster loans repayment cancellation.
Sec. 602. Disaster relief non-Federal cost-share waiver.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Adaptation.--The term ``Adaptation'' means the capacity 
        of natural and human systems to adjust to climate change or its 
        impacts in a matter that will reduce damage or take advantage 
        of any beneficial aspects.
            (2) Freely associated states.--The term ``Freely Associated 
        States'' means the Republic of the Marshall Islands, the 
        Federated States of Micronesia, and the Republic of Palau.
            (3) Insular areas.--The term ``Insular Areas'' means the 
        territories and Freely Associated States.
            (4) Mitigation.--The term ``Mitigation'' means measures and 
        initiatives that would limit or reduce greenhouse gas 
        emissions.
            (5) Resilience.--The term ``Resilience'' means the capacity 
        of natural and human systems to resist, assimilate, and recover 
        from the effects of climate change in an efficient and timely 
        manner, maintaining or restoring basic structures and essential 
        functions.
            (6) Renewable energy.--The term ``renewable energy'' means 
        energy that has been derived from Earth's natural resources 
        that are not finite or exhaustible, including solar, wind, 
        hydroelectric, geothermal, and ocean (thermal and mechanics).
            (7) Renewable energy system.--The term ``renewable energy 
        system'' includes off-grid or stand-alone systems, microgrids, 
        nano grids, and virtual power plants systems based on renewable 
        energy sources, including storage and other related ancillary 
        equipment. These may also be referred to as ``eligible 
        projects''. Waste to energy are not considered as eligible 
        projects.
            (8) Territories.--The term ``territories'' means American 
        Samoa, the Commonwealth of the Northern Mariana Islands, Guam, 
        Puerto Rico, and the Virgin Islands of the United States.
            (9) Territory.--The term ``territory'' means American 
        Samoa, the Commonwealth of the Northern Mariana Islands, Guam, 
        Puerto Rico, or the Virgin Islands of the United States.

SEC. 4. FINDINGS.

    Congress finds as follows:
            (1) The Insular Areas are topographically and 
        environmentally diverse and treasured by millions of 
        individuals who call them home.
            (2) The territories in the Caribbean (Puerto Rico and the 
        Virgin Islands of the United States) and the territories in the 
        Pacific (American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and Guam) face many of the same climate 
        change-related challenges. Freely Associated States face 
        similar climate change-related vulnerabilities.
            (3) Insular Areas are experiencing sea level rise, coastal 
        erosion, and increasing storm impacts that threaten lives, 
        critical infrastructure, ecosystems, and livelihood security.
            (4) Temperature increases are likely to further create and 
        intensify the length of droughts, reduce water supply, impact 
        public health, and increase demand of freshwater in Insular 
        Areas. In addition, temperature increases will drive coral 
        reefs to extinction, eliminating a natural barrier against 
        storm surge, increasing destruction of infrastructure, and 
        threatening lives of the inhabitants of the islands.
            (5) In 2017, two major storms, Hurricane Irma and Hurricane 
        Maria, impacted Puerto Rico and the Virgin Islands of the 
        United States. Hurricane Maria caused thousands of deaths in 
        Puerto Rico and the Virgin Islands of the United States and 
        significant damage to their infrastructure, including Puerto 
        Rico's energy system. Hurricane Maria destroyed millions of 
        trees in Puerto Rico and the Virgin Islands of the United 
        States, which has significantly increased erosion and sediment 
        transport. As a result, reservoirs have lost significant 
        storage capacity and coral reefs are severely impacted.
            (6) In 2018, Typhoon Yutu impacted the Commonwealth of the 
        Northern Mariana Islands and Guam, causing catastrophic 
        destruction in those territories.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. INSULAR AREA CLIMATE CHANGE INTERAGENCY TASK FORCE.

    (a) Establishment of Task Force.--Not later than 90 days after the 
date of the enactment of this Act, the following shall jointly 
establish the ``Insular Area Climate Change Interagency Task Force'' 
(hereafter in this section referred to as the ``Task Force''):
            (1) The Secretary of the Interior.
            (2) The Secretary of Energy.
            (3) The Secretary of State.
            (4) The Secretary of Housing and Urban Development.
            (5) The Secretary of Agriculture.
            (6) The Secretary of Commerce.
            (7) The Administrator of the Federal Emergency Management 
        Agency.
            (8) The Administrator of the Environmental Protection 
        Agency.
    (b) Chairperson.--The Task Force shall be chaired by the 
Administrator of the Federal Emergency Management Agency.
    (c) Duties.--The Task Force shall--
            (1) evaluate all Federal programs regarding ways to provide 
        greater access to Federal programs and equitable baseline 
        funding in relation to States, to territories for climate 
        change planning, mitigation, adaptation, and resilience;
            (2) identify statutory barriers to providing territories 
        greater access to Federal programs and equitable baseline 
        funding; and
            (3) provide recommendations related to climate change in 
        Insular Areas, in consultation with local governments and non-
        governmental organizations in Insular Areas with expertise on 
        climate change.
    (d) Comprehensive Report.--Not later than 1 year after the 
establishment of the Task Force, the Task Force, in consultation with 
Insular Areas governments, shall issue a comprehensive report that--
            (1) identifies Federal programs that have an impact on 
        climate change planning, mitigation, adaptation, and 
        resilience, but exclude territories in regard to eligibility, 
        funding, and assistance, or do not provide equitable baseline 
        funding in relation to States; and
            (2) provides advice and recommendations related to climate 
        change in Insular Areas, such as new suggested Federal programs 
        or initiatives.
    (e) Publication; Public Availability.--The Administrator of the 
Federal Emergency Management Agency shall ensure that the report 
required under subsection (d) is--
            (1) submitted to the Committees on Energy and Commerce and 
        Natural Resources of the House of Representatives, and Energy 
        and Natural Resources of the Senate;
            (2) published in the Federal Register for public comment 
        for a period of at least 60 days; and
            (3) made available on a public website along with any 
        comments received during the public comment period required 
        under paragraph (2).

SEC. 102. NON-FEDERAL COST-SHARE WAIVER.

    Section 501 of the Omnibus Territories Act of 1977 (48 U.S.C. 
1469a), is amended by adding at the end the following:
    ``(e) Notwithstanding any other provision of law, in the case of 
the Insular Areas, any department or agency shall waive any requirement 
for non-Federal matching funds under $750,000 (including in-kind 
contributions) required by law to be provided by those 
jurisdictions.''.

SEC. 103. CORAL REEFS PRIZE COMPETITIONS.

    (a) Prize Competitions.--The Director of the Office of Science and 
Technology Policy shall work with the head of each Federal agency 
represented on the U.S. Coral Reef Task Force established under 
Executive Order 13089 (63 Fed. Reg. 32701) to establish prize 
competitions, in accordance with section 24 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3719), that promote coral 
reef research and conservation in the Insular Areas.
    (b) Waiver of Matching Requirement.--Section 204(b) of the Coral 
Reef Conservation Act of 2000 (16 U.S.C. 6403(b)) is amended--
            (1) by striking the enumerator and heading for paragraph 
        (2) and inserting the following:
            ``(2) Waivers.--
                    ``(A) Need and benefit.--''; and
            (2) by adding at the end of paragraph (2) the following:
                    ``(B) Sustaining coral reef management and 
                monitoring.--The Secretary shall waive all of the 
                matching requirement under paragraph (1) for grants to 
                implement State and territorial coral reef conservation 
                cooperative agreements to sustain coral reef management 
                and monitoring in Florida, Hawaii, American Samoa, the 
                Commonwealth of the Northern Mariana Islands, Guam, 
                Puerto Rico, and the Virgin Islands of the United 
                States.''.

                  TITLE II--DEPARTMENT OF THE INTERIOR

SEC. 201. OFFICE OF INSULAR AFFAIRS TECHNICAL ASSISTANCE PROGRAM.

    (a) In General.--The Secretary of the Interior, acting through the 
Office of Insular Affairs Technical Assistance Program, shall provide 
technical assistance for climate change planning, mitigation, 
adaptation, and resilience to Insular Areas under the jurisdiction of 
such Program.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the Interior to carry out this section 
$5,000,000 for each of the fiscal years 2022 through 2026.

SEC. 202. RUNIT DOME REPORT AND MONITORING ACTIVITIES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of the Interior shall submit to the 
Committees on Natural Resources and Energy and Commerce of the House of 
Representatives, and to the Committee on Energy and Natural Resources 
of the Senate, a report, prepared by independent experts not employed 
by the U.S. government, on the impacts of climate change on the ``Runit 
Dome'' nuclear waste disposal site in Enewetak Atoll, Marshall Islands, 
and on other environmental hazards in the vicinity thereof. The report 
shall include the following:
            (1) A detailed scientific analysis of any threats to the 
        environment, and to the health and safety of Enewetak Atoll 
        residents, posed by each of the following:
                    (A) The ``Runit Dome'' nuclear waste disposal site.
                    (B) Crypts used to contain nuclear waste and other 
                toxins on Enewetak Atoll.
                    (C) Radionuclides and other toxins present in the 
                lagoon of Enewetak Atoll, including areas in the lagoon 
                where nuclear waste was dumped.
                    (D) Radionuclides and other toxins, including 
                beryllium, which may be present on the islands of 
                Enewetak Atoll as a result of nuclear tests and other 
                activities of the U.S. government, including tests of 
                chemical and biological warfare agents, rocket tests, 
                contaminated aircraft landing on Enewetak Island, and 
                nuclear cleanup activities.
                    (E) Radionuclides and other toxins that may be 
                present in the drinking water on Enewetak Island or in 
                the water source for the desalination plant.
                    (F) Radionuclides and other toxins that may be 
                present in the groundwater under and in the vicinity of 
                the nuclear waste disposal facility on Runit Island.
            (2) A detailed scientific analysis of the extent to which 
        rising sea levels, severe weather events and other effects of 
        climate change might exacerbate any of the threats identified 
        above.
            (3) A detailed plan, including costs, to relocate all of 
        the nuclear waste and other toxic waste contained in--
                    (A) the ``Runit Dome'' nuclear waste disposal site;
                    (B) all of the crypts on Enewetak Atoll containing 
                such waste; and
                    (C) the three dumping areas in Enewetak's lagoon to 
                a safe, secure facility to be constructed in an 
                uninhabited, unincorporated territory of the United 
                States.
    (b) Marshallese Participation.--The Secretary of the Interior shall 
allow scientists or other experts selected by the Republic of the 
Marshall Islands to participate in all aspects of the preparation of 
the report required by subsection (a), including, without limitation, 
developing the work plan, identifying questions, conducting research, 
and collecting and interpreting data.
    (c) Publication.--The report required in subsection (a) shall be 
published in the Federal Register for public comment for a period of 
not fewer than 60 days.
    (d) Public Availability.--The Secretary of the Interior shall 
publish the study required under subsection (a) and results submitted 
under subsection (b) on a public website.
    (e) Authorization of Appropriation for Report.--It is hereby 
authorized to be appropriated to the Department of the Interior, Office 
of Insular Affairs, for fiscal year 2022 such sums as may be necessary 
to produce the report required in subsection (a).
    (f) Indefinite Authorization of Appropriation for Runit Dome 
Monitoring Activities.--It is hereby authorized to be appropriated to 
the Department of Energy such sums as may be necessary to comply with 
the requirements of 48 U.S.C. 1921b(f)(1)(B).

       TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

SEC. 301. CLIMATE CHANGE INSULAR RESEARCH GRANT PROGRAM.

    (a) In General.--The Administrator of the National Oceanic and 
Atmospheric Administration shall establish a Climate Change Insular 
Research Grant Program to provide grants to institutions of higher 
education, as such term is defined in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a)), and nonprofit organizations 
in Insular Areas for monitoring, collecting, synthesizing, analyzing, 
and publishing local climate change data, including ocean temperature, 
sea level rise, ocean acidification, and altered ocean currents data.
    (b) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Administrator $5,000,000 
for each of the fiscal years 2022 through 2026.

SEC. 302. COASTAL MANAGEMENT TECHNICAL ASSISTANCE AND REPORT.

    (a) Technical Assistance.--
            (1) In general.--The Administrator of the National Oceanic 
        and Atmospheric Administration, acting through the Director of 
        the Office for Coastal Management, shall provide technical 
        assistance to Insular Areas to enhance such entities' coastal 
        management and climate change programs.
            (2) Authorization of appropriations.--To carry out this 
        subsection there is authorized to be appropriated to the 
        Administrator of the National Oceanic and Atmospheric 
        Administration $5,000,000 for each of the fiscal years 2022 
        through 2026.
    (b) Annual Report.--The Administrator of the National Oceanic and 
Atmospheric Administration, acting through the Director of the Office 
for Coastal Management, shall submit an annual report to the Committee 
on Natural Resources of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate on the status 
of--
            (1) wetland, mangrove, and estuary conditions in Insular 
        Areas; and
            (2) climate change impacts, including ecological, economic, 
        and cultural impacts, in Insular Areas.

SEC. 303. NATIONAL WEATHER SERVICE TECHNICAL ASSISTANCE AND GRANTS.

    (a) Technical Assistance.--
            (1) In general.--The Administrator of the National Oceanic 
        and Atmospheric Administration, acting through the Director of 
        the National Weather Service, shall provide technical 
        assistance and outreach to Insular Areas through the San Juan, 
        Tiyan, and Pago Pago Weather Forecast Offices of the National 
        Weather Service. For the purposes of this section, the 
        Administrator may also employ other agency entities as the 
        Administrator deems necessary, in order to improve weather data 
        collection and provide science, data, information, and impact-
        based decision support services to reduce hurricane, typhoon, 
        droughts, tsunamis, tides, and sea level rise impacts in the 
        Insular Areas.
            (2) Authorization of appropriations.--To carry out this 
        subsection there is authorized to be appropriated to the 
        Administrator $5,000,000 for each of the fiscal years 2022 
        through 2026.
    (b) Grants.--
            (1) In general.--The Administrator of the National Oceanic 
        and Atmospheric Administration may provide grants to academic, 
        nonprofit, and local entities to conduct climate change 
        research to improve weather data collection and provide 
        science, data, information, and impact-based decision support 
        services to reduce hurricane, typhoon, droughts, tsunamis, 
        tides, and sea level rise impacts in the Insular Areas.
            (2) Authorization of appropriations.--To carry out this 
        subsection there is authorized to be appropriated to the 
        Administrator $5,000,000 for each of the fiscal years 2022 
        through 2026.

SEC. 304. OCEAN AND COASTAL MAPPING INTEGRATION ACT.

    Section 12204 of the Ocean and Coastal Mapping Integration Act (33 
U.S.C. 3503) is amended--
            (1) in paragraph (12) by striking ``and'';
            (2) in paragraph (13) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(14) The study of Insular Areas and the effects of 
        climate change.''.

                     TITLE IV--DEPARTMENT OF ENERGY

SEC. 401. OFFICE OF INSULAR AREA ENERGY POLICY AND PROGRAMS.

    (a) In General.--Title II of the Department of Energy Organization 
Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the 
following:

``SEC. 218. OFFICE OF INSULAR AREA ENERGY POLICY AND PROGRAMS.

    ``(a) Establishment.--There is established within the Department an 
Office of Insular Area Energy Policy and Programs (referred to in this 
section as the `Office'). The Office shall be headed by a Director, who 
shall be appointed by the Secretary and compensated at a rate equal to 
that of level IV of the Executive Schedule under section 5315 of title 
5, United States Code.
    ``(b) Duties.--The Office shall--
            ``(1) direct, coordinate, implement, and monitor energy 
        planning, education, management, conservation, and delivery 
        programs of the Department to--
                    ``(A) assist Insular Areas in developing 
                comprehensive energy plans;
                    ``(B) expand renewable energy and energy efficiency 
                in Insular Areas;
                    ``(C) reduce or stabilize energy costs in Insular 
                Areas;
                    ``(D) enhance and strengthen energy infrastructure 
                in Insular Areas to withstand natural disasters; and
                    ``(E) work with Insular Areas to develop improved 
                regulatory and oversight conditions; and
            ``(2) centralize and align all ongoing Department of Energy 
        efforts in the Insular Areas.
    ``(c) Annual Report.--The Director shall submit an annual report to 
the Committee on Natural Resources and the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate on the status of all projects 
undertaken and grants approved by the Office.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $20,000,000 for 
each of the fiscal years 2022 through 2026.
    ``(e) Non-Federal Cost-Share Waiver.--Any funding made available to 
Insular Areas by the Office of Insular Area Energy Policy and Programs 
under this or any other Federal law shall not be subject to a non-
Federal share funding requirement.''.
    (b) Conforming Amendments.--
            (1) Table of contents.--The table of contents of the 
        Department of Energy Organization Act is amended by inserting 
        after the item relating to section 217 the following:

``Sec. 218. Office of Insular Area Energy Policy and Programs.''.
            (2) Positions at level iv.--Section 5315 of title 5, United 
        States Code, is amended by inserting after the item relating to 
        the Director, Office of Science, Department of Energy the 
        following new item:
            ``Director, Office of Insular Area Energy Policy and 
        Programs, Department of Energy.''.

SEC. 402. COMPREHENSIVE ENERGY PLANS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Office of Insular Area Energy Policy and 
Programs in the Department of Energy, in consultation with the Office 
of Insular Affairs of the Department of the Interior, shall submit to 
the Committees on Energy and Commerce and Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report containing--
            (1) the results of a study of the execution of the 
        comprehensive energy plans required by section 9 of Public Law 
        113-235 (48 U.S.C. 1492a), including--
                    (A) initial, planned, and current sources of 
                renewable energy;
                    (B) initial, planned, and current energy imports; 
                and
                    (C) projected and actual energy needs during 
                calendar year 2020 for each Insular Area;
            (2) the lessons learned from the preparation of these 
        plans;
            (3) the date on which each plan was most recently updated; 
        and
            (4) recommendations with respect to each Insular Area, on 
        the need to update such plans.
    (b) Publication; Public Availability.--The Secretary of Energy 
shall ensure that--
            (1) the report required by subsection (a) is published in 
        the Federal Register for public comment for a period of not 
        fewer than 60 days; and
            (2) the report required by subsection (a) and any comments 
        received under subsection (b) are made available on a public 
        website.

SEC. 403. ENERGY EFFICIENT PRODUCT REBATE PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible territory.--The term ``eligible territory'' 
        means a territory that meets the requirements of subsection 
        (c).
            (2) Energy star program.--The term ``Energy Star program'' 
        means the program established by section 324A of the Energy 
        Policy and Conservation Act (42 U.S.C. 6294a).
            (3) Residential energy star product.--The term 
        ``residential Energy Star product'' means a product for a 
        residence that is rated for energy efficiency under the Energy 
        Star program.
            (4) Energy office.--The term ``energy office'' means the 
        government agency within the territory responsible for 
        developing an energy conservation plan under section 362 of the 
        Energy Policy and Conservation Act (42 U.S.C. 6322).
            (5) Rebate program.--The term ``rebate program'' means an 
        energy efficient product rebate program described in subsection 
        (c)(1).
    (b) Establishment.--The Secretary of Energy shall establish a 
program, to be known as the ``Energy Efficient Product Rebate 
Program'', under which the Director of the Office of Insular Area 
Energy Policy Programs shall provide allocations to eligible 
territories in accordance with this section.
    (c) Eligible Territories.--A territory shall be eligible to receive 
an allocation under subsection (d) if the territory--
            (1) establishes (or has established) an energy efficient 
        product rebate program to provide rebates to residential 
        consumers for the purchase of residential Energy Star products 
        to replace used products of the same type;
            (2) establishes clear requirements to prevent illegal 
        dumping of old products and the overflow of landfills, and 
        ensure environmental justice;
            (3) submits an application for the allocation at such time, 
        in such form, and containing such information as the Director 
        of the Office of Insular Area Energy Policy and Programs may 
        require; and
            (4) provides assurances satisfactory to the Director of the 
        Office of Insular Area Energy Policy and Programs that the 
        territory will use the allocation to supplement, but not 
        supplant, funds made available to carry out the rebate program.
    (d) Amount of Allocations.--
            (1) In general.--Subject to paragraph (2), for each of 
        fiscal years 2022 through 2026, the Director of the Office of 
        Insular Area Energy Policy and Programs shall allocate to the 
        energy office of each eligible territory to carry out 
        subsection (e) an amount equal to the product obtained by 
        multiplying the amount made available under subsection (g) for 
        the fiscal year by the ratio that the population of the 
        territory in the most recent calendar year for which data are 
        available bears to the total population of all eligible 
        territories in that calendar year.
            (2) Minimum allocations.--For each fiscal year, the amounts 
        allocated under this subsection shall be adjusted 
        proportionately so that no eligible territory is allocated a 
        sum that is less than an amount determined by the Director.
    (e) Use of Allocated Funds.--An allocation to an energy office 
under subsection (d) may be used to pay not more than 75 percent of the 
cost of establishing and carrying out a rebate program.
    (f) Issuance of Rebates.--The amount of a rebate provided under a 
rebate program shall be determined by the applicable energy office, 
taking into consideration--
            (1) the amount of the allocation to the energy office under 
        subsection (d);
            (2) the amount of any tax incentive available for the 
        purchase of the residential Energy Star product; and
            (3) the difference between the cost of the residential 
        Energy Star product and the cost of a product that is not a 
        residential Energy Star product, but is of the same type as, 
        and is the nearest capacity, performance, and other relevant 
        characteristics (as determined by the energy office) to, the 
        residential Energy Star product.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of the 
fiscal years 2022 through 2026.

SEC. 404. RENEWABLE ENERGY GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Covered entity.--The term ``covered entity'' means a 
        not-for-profit organization determined eligible by the 
        Secretary for purposes of this section.
            (2) Department of energy national laboratories.--The term 
        ``Department of Energy national laboratories'' has the same 
        meaning as the term ``National Laboratory'' under section 2 of 
        the Energy Policy Act of 2005 (42 U.S.C. 15801).
            (3) Microgrid.--The term ``microgrid'' means an electric 
        system--
                    (A) that serves the local community with a power 
                generation and distribution system; and
                    (B) that has the ability--
                            (i) to disconnect from a traditional 
                        electric grid; and
                            (ii) to operate autonomously when 
                        disconnected.
            (4) Program.--The term ``Program'' means the Renewable 
        Energy Grant Program established under subsection (b).
            (5) Smart grid.--The term ``smart grid'' means an 
        intelligent electric grid that uses digital communications 
        technology, information systems, and automation to, while 
        maintaining high system reliability--
                    (A) detect and react to local changes in usage;
                    (B) improve system operating efficiency; and
                    (C) reduce spending costs.
    (b) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the Office of Insular Area 
Energy Policy and Programs shall establish a Renewable Energy Grant 
Program under which the Director may award grants to covered entities 
to facilitate projects in Insular Areas described in subsection (d).
    (c) Applications.--To be eligible for a grant under the Program, a 
covered entity shall submit to the Director an application at such 
time, in such form, and containing such information as the Secretary 
may require.
    (d) Use of Funds.--
            (1) In general.--A covered entity receiving a grant under 
        the Program may use grant funds for a project, in territories 
        of the United States--
                    (A) to develop or construct a renewable energy 
                system;
                    (B) to carry out an activity to increase energy 
                efficiency;
                    (C) to develop or construct an energy storage 
                system or device for--
                            (i) a system developed or constructed under 
                        subparagraph (A); or
                            (ii) an activity carried out under 
                        subparagraph (B);
                    (D) to develop or construct--
                            (i) a smart grid; or
                            (ii) a microgrid; or
                    (E) to train residents of territories of the United 
                States to develop, construct, maintain, or operate a 
                renewable energy system.
            (2) Limitation.--A covered entity receiving a grant under 
        the Program may not use grant funds to develop or construct a 
        facility that generates electricity using energy derived from--
                    (A) fossil fuels; or
                    (B) nuclear power.
    (e) Technical Assistance.--The Director shall ensure that 
Department of Energy national laboratories offer to provide technical 
assistance to each covered entity carrying out a project assisted with 
a grant under the Program.
    (f) Report.--Not later than two years after the establishment of 
the Program, and on an annual basis thereafter, the Secretary shall 
submit to Congress a report containing--
            (1) an estimate of the amount of funds disbursed under the 
        Program;
            (2) an estimate of the energy conservation achieved as a 
        result of the Program;
            (3) a description of challenges encountered in implementing 
        projects described in subsection (d)(1); and
            (4) any recommendations as to additional legislative 
        measures to increase the use of renewable energy in territories 
        of the United States, as appropriate.
    (g) GAO Study and Report.--
            (1) Study and report.--Not later than 180 days after the 
        date of the enactment of this section, the Comptroller General 
        of the United States shall--
                    (A) conduct a study regarding renewable energy and 
                energy efficiency in territories of the United States; 
                and
                    (B) submit to Congress a report containing--
                            (i) the findings of the study; and
                            (ii) related recommendations.
            (2) Components.--The study conducted under paragraph (1) 
        shall consider, in relation to territories of the United 
        States, the potential--
                    (A) to modify existing electric power systems to 
                use renewable energy sources;
                    (B) to expand the use of microgrids; and
                    (C) to improve energy resiliency.

SEC. 405. OFFSHORE WIND FOR THE TERRITORIES.

    (a) Application of Outer Continental Shelf Lands Act With Respect 
to Territories of the United States.--
            (1) In general.--Section 2 of the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1331) is amended--
                    (A) in subsection (a) by inserting ``or lying 
                within the exclusive economic zone of the United States 
                and the Outer Continental Shelf adjacent to any 
                territory of the United States, except that such term 
                shall not include any area conveyed by Congress to a 
                territorial government for administration'' after 
                ``control'';
                    (B) in subsection (p), by striking ``and'' after 
                the semicolon at the end;
                    (C) in subsection (q), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
    ``(r) The term `State' means the several States, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United 
States, and the Commonwealth of the Northern Mariana Islands.''.
            (2) Exclusions.--Section 18 of the Outer Continental Shelf 
        Lands Act (43 U.S.C. 1344) is amended by adding at the end the 
        following:
    ``(i) This section shall not apply to the scheduling of lease sales 
in the Outer Continental Shelf adjacent to the Territories of the 
United States.''.
    (b) Wind Lease Sales for Areas of Outer Continental Shelf.--The 
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended 
by adding at the end the following:

``SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.

    ``(a) Authorization.--The Secretary may conduct wind lease sales on 
the Outer Continental Shelf.
    ``(b) Wind Lease Sale Procedure.--Any wind lease sale conducted 
under this section shall be considered a lease under section 8(p).
    ``(c) Wind Lease Sales Off Coasts of Territories of the United 
States.--
            ``(1) Study on feasibility of conducting wind lease 
        sales.--
                    ``(A) In general.--The Secretary shall conduct a 
                study on the feasibility, including the technological 
                and long-term economic feasibility, and the potential 
                environmental effects of, conducting wind lease sales 
                on an area of the Outer Continental Shelf within the 
                territorial jurisdiction of American Samoa, Guam, the 
                Commonwealth of the Northern Mariana Islands, Puerto 
                Rico, and the Virgin Islands of the United States.
                    ``(B) Consultation.--In conducting the study 
                required in subparagraph (A), the Secretary shall 
                consult--
                            ``(i) the National Laboratories, that term 
                        is defined in section 2 of the Energy Policy 
                        Act of 2005;
                            ``(ii) the National Oceanic and Atmospheric 
                        Administration, including the Office of 
                        National Marine Sanctuaries and National Marine 
                        Fisheries Service; and
                            ``(iii) the Governor of each of American 
                        Samoa, Guam, the Northern Mariana Islands, 
                        Puerto Rico, and the Virgin Islands of the 
                        United States.
                    ``(C) Publication.--The study required in 
                subparagraph (A) shall be published in the Federal 
                Register for public comment for a period of not fewer 
                than 60 days.
                    ``(D) Submission of results.--Not later than 18 
                months after the date of the enactment of this section, 
                the Secretary shall submit the results of the study 
                conducted under subparagraph (A) to--
                            ``(i) the Committee on Energy and Natural 
                        Resources of the Senate;
                            ``(ii) the Committee on Natural Resources 
                        of the House of Representatives; and
                            ``(iii) each Delegate or Resident 
                        Commissioner to the House of Representatives 
                        from American Samoa, Guam, the Northern Mariana 
                        Islands, Puerto Rico, and the Virgin Islands of 
                        the United States.
                    ``(E) Public availability.--The Secretary shall 
                publish the study required under subparagraph (A) and 
                results submitted under subparagraph (D) on a public 
                website.
            ``(2) Call for information and nominations.--The Secretary 
        shall issue a call for information and nominations for proposed 
        wind lease sales for areas determined to be feasible under the 
        study conducted under paragraph (1).
            ``(3) Conditional wind lease sales.--
                    ``(A) In general.--For each territory, the 
                Secretary shall conduct not less than 1 wind lease sale 
                on an area of the Outer Continental Shelf within the 
                territorial jurisdiction of such territory that meets 
                each of the following criteria:
                            ``(i) The study required under paragraph 
                        (1)(A) concluded that a wind lease sale on the 
                        area is feasible.
                            ``(ii) The Secretary has determined that 
                        the call for information has generated 
                        sufficient interest for the area.
                            ``(iii) The Secretary has consulted with 
                        the Secretary of Defense and other relevant 
                        Federal agencies regarding such a sale.
                            ``(iv) The Secretary has consulted with the 
                        Governor of the territory regarding the 
                        suitability of the area for wind energy 
                        development.
                    ``(B) Exception.--If no area of the Outer 
                Continental Shelf within the territorial jurisdiction 
                of a territory meets each of the criteria in clauses 
                (i) through (iv) of subparagraph (A), the requirement 
                under subparagraph (A) shall not apply to such 
                territory.''.

SEC. 406. STATE ENERGY PROGRAM NON-FEDERAL COST-SHARE WAIVER.

    Funding made available to a territory under the Department of 
Energy's State Energy Program (42 U.S.C. 6321 et seq.) shall not be 
subject to a non-Federal share funding requirement.

                TITLE V--ENVIRONMENTAL PROTECTION AGENCY

SEC. 501. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Director.--The term ``Director'' means the Director of 
        the Insular Area National Program Office.
            (3) Eligible entity.--The term ``eligible entity'' means 
        each of the following:
                    (A) A government, municipality, agency, or 
                instrumentality of a territory.
                    (B) A private, nonprofit organization or 
                institution.
                    (C) An institution of higher education (as defined 
                in section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001), except that such term does not include 
                private, nonprofit institutions of higher education).
                    (D) Any combination of entities described in 
                subparagraphs (A) through (C), including partnerships 
                and consortiums of local governments.
            (4) Office.--The term ``Office'' means the Insular Area 
        National Program Office established by section 502.
            (5) Renewable energy.--The term ``renewable energy'' means 
        energy that has been derived from Earth's natural resources 
        that are not finite or exhaustible, including solar, wind, 
        hydroelectric, geothermal, ocean (thermal and mechanics).

SEC. 502. INSULAR AREA NATIONAL PROGRAM OFFICE.

    (a) Establishment.--There is established within the Environmental 
Protection Agency an office, to be known as the Insular Area National 
Program Office. The Office shall be headed by a Director, who shall be 
appointed by the Administrator and compensated at a rate equal to that 
of level IV of the Executive Schedule under section 5315 of title 5, 
United States Code.
    (b) Duties.--The Director shall--
            (1) direct, coordinate, implement, and monitor programs of 
        the Environmental Protection Agency to--
                    (A) build, enhance, and strengthen infrastructure 
                in Insular Areas to withstand natural disasters;
                    (B) expand renewable energy and energy efficiency 
                in Insular Areas; and
                    (C) provide technical assistance in Insular Areas.
            (2) centralize and align all ongoing Environmental 
        Protection Agency efforts in the Insular Areas.
    (c) Annual Report.--The Director shall submit an annual report to 
the Committee on Natural Resources and the Committee on Energy and 
Commerce of the House of Representatives, and the Committee on Energy 
and Natural Resources of the Senate on the status of all projects 
undertaken and grants approved by the Office.
    (d) Authorization of Appropriations.--For the Insular Area National 
Program Office, there is authorized to be appropriated to the 
Administrator $20,000,000 for each of the fiscal years 2022 through 
2026.
    (e) Non-Federal Cost-Share Waiver.--Any funding made available to 
Insular Areas by the Office shall not be subject to a non-Federal share 
funding requirement.

SEC. 503. INSULAR AREA SUSTAINABLE INFRASTRUCTURE GRANT PROGRAM.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the Insular Area National 
Program Office shall establish and carry out a program, to be known as 
the Insular Area Sustainable Infrastructure Grant Program to provide 
grants to eligible entities in the Insular Areas to build, enhance, and 
strengthen infrastructure systems in Insular Areas to withstand natural 
disasters, including drinking water systems, septic systems, stormwater 
systems, and solid waste systems.
    (b) Use of Funds.--An eligible entity that receives a grant for 
infrastructure system projects under the Insular Areas Sustainable 
Infrastructure Grant Program may use such funds for--
            (1) development-phase activities, including planning, 
        feasibility analysis (including any related analysis necessary 
        to carry out an eligible project), revenue forecasting, 
        environmental review, permitting, preliminary engineering and 
        design work, and other preconstruction activities;
            (2) construction, reconstruction, rehabilitation, and 
        replacement activities; and
            (3) the acquisition of real property or an interest in real 
        property (including land relating to the project, and 
        improvements to land), environmental mitigation, construction 
        contingencies, and acquisition of equipment.
    (c) Applications.--
            (1) Inclusions.--An application under this subsection shall 
        include--
                    (A) a description of the project proposed by the 
                eligible entity;
                    (B) an evaluation (using methodology approved by 
                the Director) of the quantifiable and unquantifiable 
                benefits of the proposed project;
                    (C) an estimate of the cost of the proposed 
                project; and
                    (D) a description of the age and expected lifetime 
                of the infrastructure system funded by the project.
            (2) Priority.--In providing grants under this section, the 
        Director shall give priority to proposed projects that, as 
        determined by the Director--
                    (A) maximize public health benefits;
                    (B) are the most cost effective;
                    (C) serve areas with environmental justice 
                communities--
                            (i) in rural remote areas; or
                            (ii) that have challenged environmental 
                        conditions.
            (3) Application guidance and processes.--The Director shall 
        provide Insular Areas--
                    (A) guidance for use in applying for grant funds 
                under this section, including information regarding--
                            (i) the process and forms for applications;
                            (ii) permissible uses of funds received; 
                        and
                            (iii) an annual deadline for submission of 
                        the applications;
                    (B) a process by which the Director shall approve 
                or disapprove each application; and
                    (C) a streamlined process by which an Insular Area 
                may renew an application described in subparagraph (A) 
                for subsequent fiscal years.
    (d) Limitation on Use of Funds.--
            (1) Office.--The Director shall use 100 percent of the 
        funds made available to carry out this section to provide 
        grants, on a competitive basis, to eligible entities in Insular 
        Areas.
            (2) Grant recipient.--An eligible entity may use not more 
        than 10 percent of a grant provided under this section for 
        administrative expenses of an approved project.
    (e) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Administrator $50,000,000 
for each of the fiscal years 2022 through 2026.

SEC. 504. INSULAR AREA RENEWABLE ENERGY GRANT PROGRAM.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the Insular Area National 
Program Office shall establish and carry out a program, to be known as 
the Insular Area Renewable Energy Grant Program to provide grants to 
eligible entities in the Insular Areas to expand renewable energy and 
energy efficiency in the Insular Areas.
    (b) Eligibility.--
            (1) Projects eligible for assistance.--The following 
        projects may be carried out with amounts made available under 
        this section:
                    (A) Construction of a new renewable energy system.
                    (B) A project for energy redundancy and resilience 
                based on renewable energy and for hurricane and storm 
                damage reduction on renewable energy systems that the 
                Director determines is technically sound, economically 
                justified, and environmentally acceptable.
                    (C) A project for enhanced energy efficiency in the 
                operation of infrastructure that belongs to an eligible 
                entity.
                    (D) A project for repair, rehabilitation, or 
                replacement of a renewable energy system.
                    (E) A project to prevent, reduce, or mitigate the 
                effects of hurricanes or storms, including projects 
                that enhance the resilience of renewable energy 
                systems.
                    (F) Acquisition of real property or an interest in 
                real property--
                            (i) if the acquisition is integral to a 
                        project described in subparagraphs (A) through 
                        (D); or
                            (ii) pursuant to an existing plan that, in 
                        the judgment of the Director, as applicable, 
                        would mitigate the environmental impacts of 
                        renewable energy system infrastructure 
                        projects.
                    (G) A combination of projects under subparagraphs 
                (A) through (F).
            (2) Activities eligible for assistance.--An eligible entity 
        may use a grant provided under this section for, with respect 
        to an eligible project--
                    (A) development-phase activities, including 
                planning, feasibility analysis (including any related 
                analysis necessary to carry out an eligible project), 
                revenue forecasting, environmental review, permitting, 
                preliminary engineering and design work, and other 
                preconstruction activities;
                    (B) construction, reconstruction, rehabilitation, 
                and replacement activities; and
                    (C) the acquisition of real property or an interest 
                in real property (including land relating to the 
                project, and improvements to land), environmental 
                mitigation, construction contingencies, and acquisition 
                of equipment.
    (c) Applications.--
            (1) Inclusions.--An application under this subsection shall 
        include--
                    (A) a description of the project proposed by the 
                eligible entity;
                    (B) an evaluation (using methodology approved by 
                the Director) of the quantifiable and unquantifiable 
                benefits of the proposed project;
                    (C) an estimate of the cost of the proposed 
                project; and
                    (D) a description of the age and expected lifetime 
                of a renewable energy or energy efficiency system 
                funded by the project.
            (2) Priority.--In providing grants under this section, the 
        Director shall give priority to proposed projects that, as 
        determined by the Director--
                    (A) maximize public health benefits;
                    (B) are the most cost effective;
                    (C) serve areas with environmental justice 
                communities--
                            (i) in rural remote areas; or
                            (ii) that are poor air quality areas.
            (3) Application guidance and processes.--The Director shall 
        provide Insular Areas--
                    (A) guidance for use in applying for grant funds 
                under this section, including information regarding--
                            (i) the process and forms for applications;
                            (ii) permissible uses of funds received; 
                        and
                            (iii) an annual deadline for submission of 
                        the applications;
                    (B) a process by which the Director shall approve 
                or disapprove each application; and
                    (C) a streamlined process by which an Insular Area 
                may renew an application described in subparagraph (A) 
                for subsequent fiscal years.
    (d) Limitation on Use of Funds.--
            (1) Office.--The Director shall use 100 percent of the 
        funds made available to carry out this section to provide 
        grants, on a competitive basis, to eligible entities in Insular 
        Areas.
            (2) Grant recipient.--An eligible entity may use not more 
        than 10 percent of a grant provided under this section to fund 
        administrative expenses of an approved project.
    (e) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated to the Administrator $50,000,000 
for each of the fiscal years 2022 through 2026.

SEC. 505. INSULAR AREA TECHNICAL ASSISTANCE PROGRAM.

    (a) In General.--The Insular Area National Program Office Director 
shall establish a program, to be known as the Insular Area Technical 
Assistance Program, to provide technical assistance to Insular Areas 
relating to climate change planning, mitigation, adaptation, and 
resilience.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $5,000,000 
for each of the fiscal years 2022 through 2026.

                     TITLE VI--EMERGENCY MANAGEMENT

SEC. 601. COMMUNITY DISASTER LOANS REPAYMENT CANCELLATION.

    Notwithstanding any other provision of law, repayment of a loan 
made to a local government in an Insular Area under section 417 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5184), including any interest on such loan, shall be canceled.

SEC. 602. DISASTER RELIEF NON-FEDERAL COST-SHARE WAIVER.

    Funding made available to an Insular Area for disaster relief, 
long-term recovery, restoration of infrastructure and housing, economic 
revitalization, and mitigation pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
shall not be subject to a non-Federal share funding requirement.
                                                 Union Calendar No. 503

117th CONGRESS

  2d Session

                               H. R. 2780

                      [Report No. 117-686, Part I]

_______________________________________________________________________

                                 A BILL

  To provide for climate change planning, mitigation, adaptation, and 
   resilience in the United States Territories and Freely Associated 
                    States, and for other purposes.

_______________________________________________________________________

                           December 30, 2022

   Reported from the Committee on Natural Resources with an amendment

                           December 30, 2022

 Committees on Energy and Commerce, Transportation and Infrastructure, 
    and Science, Space, and Technology discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
```