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(c) DISTRIBUTION OF FUNDS TO INDIAN TRIBES.— 
Each fiscal year, the Secretary of the Treasury shall de-
posit funds into the Account and distribute such funds 
through a noncompetitive application process according to 
guidelines, and criteria, and reporting requirements deter-
mined by the Secretary of the Interior, acting through the 
Director of the Bureau of Indian Affairs, in consultation 
with Indian Tribes. Such funds shall remain available 
until expended. 
(d) WILDLIFE MANAGEMENT RESPONSIBILITIES.— 
The distribution guidelines and criteria described in sub-
section (d) shall be based, in part, upon Indian Tribes’ 
wildlife management responsibilities. 
(e) USE OF FUNDS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may distribute funds from 
the Account to an Indian Tribe for any of the fol-
lowing purposes: 
(A) To develop, carry out, revise, or en-
hance wildlife conservation and restoration pro-
grams to manage Tribal species of greatest con-
servation need and the habitats of such species 
as determined by the Indian Tribe. 
(B) To assist in the recovery of species 
listed as an endangered or threatened species 
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under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
(C) For wildlife conservation education and 
wildlife-associated recreation projects and infra-
structure. 
(D) To manage a Tribal species of greatest 
conservation need and the habitat of such spe-
cies, the range of which may be shared with a 
foreign country, State, or other Indian Tribe. 
(E) To manage, control, and prevent 
invasive species as well as diseases and other 
risks to wildlife. 
(F) For law enforcement activities that are 
directly related to the protection and conserva-
tion of wildlife. 
(G) To develop, revise, and implement 
comprehensive wildlife conservation strategies 
and plans for such Tribe. 
(H) For the hiring and training of wildlife 
conservation and restoration program staff. 
(2) CONDITIONS ON THE USE OF FUNDS.— 
(A) REQUIRED USE OF FUNDS.—In order 
to be eligible to receive funds under subsection 
(d), a Tribe’s application must include a pro-
posal to use funds for at least one of the pur-
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poses described in subparagraphs (A) and (B) 
of paragraph (1). 
(B) IMPERILED
SPECIES
RECOVERY.—In 
distributing funds under this section, the Sec-
retary shall distribute not less than 15 percent 
of the total funds distributed to proposals to 
fund the recovery of a species, subspecies, or 
distinct population segment listed as a threat-
ened species, endangered species, or candidate 
species under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) or Tribal law. 
(C) LIMITATION.—In distributing funds 
under this section, the Secretary shall distribute 
not more than 15 percent of all funds distrib-
uted under this section for the purpose de-
scribed in paragraph (1)(C). 
(f) NO MATCHING FUNDS REQUIRED.—No Indian 
Tribe shall be required to provide matching funds to be 
eligible to receive funds under this Act. 
(g) PUBLIC ACCESS NOT REQUIRED.—Funds appor-
tioned from the Tribal Wildlife Conservation and Restora-
tion Account shall not be conditioned upon the provision 
of public or non-Tribal access to Tribal or private lands, 
waters, or holdings. 
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(h) ADMINISTRATIVE COSTS.—Of the funds depos-
ited under subsection (c)(3) for each fiscal year, not more 
than 3 percent shall be used by the Secretary for adminis-
trative costs. 
(i) SAVINGS CLAUSE.—Nothing in this Act shall be 
construed as modifying or abrogating a treaty with any 
Indian Tribe, or as enlarging or diminishing the authority, 
jurisdiction, or responsibility of an Indian Tribe to man-
age, control, or regulate wildlife. 
CHAPTER 5—MISCELLANEOUS 
SEC. 83601 REAUTHORIZATION OF CHESAPEAKE BAY GATE-
WAYS AND WATERTRAILS NETWORK. 
Section 502(c) of the Chesapeake Bay Initiative Act 
of 1998 (54 U.S.C. 320101 note; Public Law 105–312) 
is amended by striking ‘‘2019’’ and inserting ‘‘2025’’. 
TITLE IV—ENERGY 
Subtitle A—Establishment of Fed-
eral Orphaned Well Remedi-
ation Program 
SEC. 84101. ESTABLISHMENT OF FEDERAL ORPHANED 
WELL REMEDIATION PROGRAM. 
Section 349 of the Energy Policy Act of 2005 (Public 
Law 109–58; 42 U.S.C. 15907) is amended— 
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(1) by striking the section title and inserting 
with ‘‘ORPHANED
WELL
REMEDIATION
PRO-
GRAM’’; and 
(2) by striking subsections (a) through (i) and 
replacing with the following: 
‘‘(a) IN GENERAL.—The Secretary, in cooperation 
with the Secretary of Agriculture, shall establish a pro-
gram not later than 90 days after the date of enactment 
of this section to remediate, reclaim, and close orphaned 
oil and gas wells located on land administered by the land 
management agencies within the Department of the Inte-
rior and the Department of Agriculture. 
‘‘(b) ACTIVITIES.—The program under subsection (a) 
shall— 
‘‘(1) include a means of ranking orphaned well 
sites for priority in remediation, reclamation, and 
closure, based on public health and safety, potential 
environmental harm, and other land use priorities; 
‘‘(2) distribute funding according to the prior-
ities identified under paragraph (1) of this sub-
section for— 
‘‘(A) reclaiming, remediating, and closing 
orphaned wells; 
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‘‘(B) reclaiming and remediating well pads 
and access roads associated with orphaned 
wells; and 
‘‘(C) restoring native species habitat that 
has been degraded due to the presence of or-
phaned wells; 
‘‘(3) provide a public accounting of the costs of 
remediation, reclamation, and closure for each or-
phaned well site; and 
‘‘(4) seek to determine the identities of poten-
tially responsible parties associated with the or-
phaned well sites, or their sureties or guarantors, to 
the extent such information can be ascertained, and 
make efforts to obtain reimbursement for expendi-
tures to the extent practicable. 
‘‘(c) COOPERATION AND CONSULTATIONS.—In car-
rying out the program under subsection (a), the Secretary 
shall— 
‘‘(1) work cooperatively with the Secretary of 
Agriculture and the States within which Federal 
land is located; and 
‘‘(2) consult with affected Tribes, the Secretary 
of Energy, and the Interstate Oil and Gas Compact 
Commission. 
‘‘(d) STATE AND TRIBAL ORPHANED WELLS.— 
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‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a program not later than 90 days after the date 
of enactment of this section to provide grants to 
States and Tribes to remediate, reclaim, and close 
orphaned oil and gas wells located on State, Tribal, 
or private lands. 
‘‘(2) ACTIVITIES.—Funds distributed under this 
subsection may be used by States and Tribes for the 
activities described in subsection (b), and in addition 
for— 
‘‘(A) identification and characterization of 
undocumented orphaned wells on State, Tribal, 
and private lands; 
‘‘(B) ranking orphaned or abandoned well 
sites based on factors such as public health and 
safety, potential environmental harm, and other 
land use priorities; 
‘‘(C) administration of a State or Tribal 
orphaned well closure program, provided that 
no more than 10 percent of the funds received 
by a State or Tribe under this subsection may 
be used for this purpose; and 
‘‘(D) making information regarding the 
use of funds under this subsection available to 
the public. 
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‘‘(3) PRIORITY.—In providing grants under this 
subsection, the Secretary shall give priority to— 
‘‘(A) States and Tribes that have an estab-
lished State or Tribal program for the remedi-
ation, reclamation, or closure of abandoned, 
idled, or orphaned oil and gas wells; and 
‘‘(B) States and Tribes that require com-
panies to provide financial assurances prior to 
drilling a well equal to the estimated full cost 
of well closure and land remediation. 
‘‘(4) APPLICATION.—States and Tribes shall be 
eligible for grants under this subsection upon appli-
cation to the Secretary of the Interior. Such applica-
tion shall include— 
‘‘(A) a prioritized list of the wells, well 
sites, and affected areas that will be remedi-
ated, reclaimed, or closed; 
‘‘(B) a description of the activities to be 
carried out with the grant, including an identi-
fication of the estimated health, safety, habitat, 
and environmental benefits of remediating, re-
claiming, or closing each well, well site, or af-
fected area; 
‘‘(C) an estimate of the cost of each pro-
posed project; 
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‘‘(D) an estimate of the number of jobs 
that will be created or saved through the 
projects to be funded under this subsection; 
‘‘(E) an estimate of the funds to be spent 
on administrative costs; and 
‘‘(F) a description of how the information 
regarding the State’s or Tribe’s activities under 
this subsection will be made available to the 
public. 
‘‘(5) ALLOCATION.—The Secretary shall, in 
consultation with States, affected Tribes, and the 
Interstate Oil and Gas Compact Commission, de-
velop a formula for the amount of grant funding 
each State or Tribe is eligible for under this sub-
section, taking into account— 
‘‘(A) the number of documented orphaned 
wells within the State or on each Tribe’s lands; 
‘‘(B) the estimated number of undocu-
mented orphaned wells within the State or on 
each Tribe’s lands; and 
‘‘(C) the amount of oil and gas activity 
within the State or on Tribal lands in the pre-
vious 10 years. 
‘‘(e) TECHNICAL ASSISTANCE.— 
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‘‘(1) IN GENERAL.—The Secretary of Energy, 
in cooperation with the Secretary, shall establish a 
program to provide technical assistance to oil and 
gas producing States and Tribes to ensure practical 
and economical remedies for environmental problems 
caused by orphaned or abandoned oil and gas well 
sites on State, Tribal, or private land. 
‘‘(2) ASSISTANCE.—The Secretary of Energy 
shall work with the States, through the Interstate 
Oil and Gas Compact Commission, to assist the 
States in quantifying and mitigating environmental 
risks of onshore orphaned or abandoned oil or gas 
wells on State and private land. 
‘‘(3) ACTIVITIES.—The program under para-
graph (1) shall include— 
‘‘(A) mechanisms to facilitate identifica-
tion, if feasible, of the persons currently pro-
viding a bond or other form of financial assur-
ance required under State or Federal law for an 
oil or gas well that is orphaned or abandoned; 
‘‘(B) criteria for ranking orphaned or 
abandoned well sites based on factors such as 
public health and safety, potential environ-
mental harm, and other land use priorities; 
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‘‘(C) information and training programs on 
best practices for remediation of different types 
of sites; and 
‘‘(D) funding of State mitigation efforts on 
a cost-shared basis. 
‘‘(f) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this section, and every year 
thereafter, the Secretary shall submit to Congress a report 
on the programs established under this section. 
‘‘(g) DEFINITIONS.—As used in this subsection— 
‘‘(1) ORPHANED WELL.—The term ‘orphaned 
well’ means any well not in operation for which there 
is no responsible party known to the Secretary to re-
claim and remediate or close the well site; and 
‘‘(2) RESPONSIBLE PARTY.—The term ‘respon-
sible party’ includes any person, association, cor-
poration, subsidiary, or affiliate that directly or indi-
rectly, controls, manages, directs, or undertakes the 
activities with respect to an oil and gas lease or any 
person or entity controlled by, or under common 
control with, such person or entity. 
‘‘(h) APPROPRIATIONS.—There are authorized to be 
appropriated to the Secretary of the Interior for each of 
fiscal years 2020 through 2024— 
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‘‘(1) $50,000,000 to carry out the program 
under subsection (a); and 
‘‘(2) $350,000,000 to carry out the program 
under subsection (d).’’. 
SEC. 84102. FEDERAL BONDING REFORM. 
Section 17(g) of the Mineral Leasing Act (30 U.S.C. 
226(g)) is amended to read as follows: 
‘‘(g) BONDING REQUIREMENTS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) INTERIM RECLAMATION PLAN.—The 
term ‘Interim Reclamation Plan’ means an on-
going plan specifying reclamation steps to be 
taken on all disturbed areas covered by any 
lease issued under this Act that are not needed 
for active operations. 
‘‘(B) FINAL
RECLAMATION
PLAN.—The 
term ‘Final Reclamation Plan’ means a plan 
describing all reclamation activity to be con-
ducted for all disturbed areas, including loca-
tions, facilities, trenches, rights-of-way, roads, 
and any other surface disturbance covered by a 
lease issued under this Act prior to final aban-
donment. 
‘‘(2) IN GENERAL.—The Secretary of the Inte-
rior, or with respect to National Forest lands, the 
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Secretary of Agriculture, shall regulate all surface- 
disturbing activities conducted pursuant to any lease 
issued under this Act, and shall determine reclama-
tion and other actions as required in the interest of 
conservation of surface resources. 
‘‘(3) RECLAMATION PLANS REQUIRED.— 
‘‘(A) 
ANALYSIS
AND
APPROVAL
RE-
QUIRED.—No permit to drill on an oil and gas 
lease issued under this Act may be granted 
without the analysis and approval by the Sec-
retary concerned of both an interim reclamation 
plan and a final reclamation plan covering pro-
posed surface-disturbing activities within the 
lease area. 
‘‘(B) PLANS OF OPERATIONS.—All Plans 
of Operations submitted and approved pursuant 
to this Act shall include an Interim Reclama-
tion Plan. 
‘‘(C) SECRETARIAL REVIEW.—The relevant 
Secretary shall review each Interim Reclama-
tion Plan at regular intervals and shall require 
such plans to be amended as warranted, subject 
to the approval of such Secretary. 
‘‘(4) BONDING.— 
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‘‘(A) IN
GENERAL.—The Secretary con-
cerned shall, by regulation, require that an ade-
quate bond, surety, or other financial arrange-
ment will be established prior to the commence-
ment of surface-disturbing activities on any 
lease, to ensure the complete and timely rec-
lamation of the lease tract, and the restoration 
of any lands or surface waters adversely af-
fected by lease operations after the abandon-
ment or cessation of oil and gas operations on 
the lease. 
‘‘(B) PROHIBITION.—The Secretary shall 
not issue or approve the assignment of any 
lease under the terms of this section to any per-
son, association, corporation, or any subsidiary, 
affiliate, or person controlled by or under com-
mon control with such person, association, or 
corporation, during any period in which, as de-
termined by the relevant Secretary, such entity 
has failed or refused to comply in any material 
respect with the reclamation requirements and 
other standards established under this section 
for any prior lease to which such requirements 
and standards applied. 
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‘‘(C) NOTICE AND OPPORTUNITY FOR COM-
PLIANCE.—Prior to making such determination 
with respect to any such entity the concerned 
Secretary shall provide such entity with ade-
quate notification and an opportunity to comply 
with such reclamation requirements and other 
standards and shall consider whether any ad-
ministrative or judicial appeal is pending. Once 
the entity has complied with the reclamation re-
quirement or other standard concerned an oil or 
gas lease may be issued to such entity under 
this Act. 
‘‘(D) LIMITATION
ON
BONDS.—A bond, 
surety, or other financial arrangement described 
in subparagraph (A) shall not be adequate if it 
is less than— 
‘‘(i) $50,000 in the case of an ar-
rangement for an individual surface-dis-
turbing activity of an entity; 
‘‘(ii) $250,000 in the case of an ar-
rangement for all surface-disturbing activi-
ties of an entity in a State; or 
‘‘(iii) $1,000,000 in the case of an ar-
rangement for all surface-disturbing activi-
ties of an entity in the United States. 
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‘‘(E) ADJUSTMENTS FOR INFLATION.—In 
the application of subparagraph (B), the Secre-
taries concerned shall jointly at least once every 
three years adjust the dollar amounts in sub-
paragraph (B) to account for inflation based on 
the Consumer Price Index for all urban con-
sumer published by the Department of Labor. 
‘‘(5) STANDARDS.—The Secretary of the Inte-
rior and the Secretary of Agriculture shall, by regu-
lation, establish uniform standards for all Interim 
and Final Reclamation Plans. The goal of such 
plans shall be the restoration of the affected eco-
system to a condition approximating or equal to that 
which existed prior to the surface disturbance. Such 
standards shall include restoration of natural vegeta-
tion and hydrology, habitat restoration, salvage, 
storage and reuse of topsoils, erosion control, control 
of invasive species and noxious weeds and natural 
contouring. 
‘‘(6) MONITORING.—The Secretary concerned 
shall not approve final abandonment and shall not 
release any bond required by this Act until the 
standards and requirement for final reclamation es-
tablished pursuant to this Act have been met.’’. 
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Subtitle B—Surface Mining Control 
and Reclamation Act Amendments 
SEC. 84201. ABANDONED MINE LAND RECLAMATION FUND. 
Section 401(f)(2) of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1231(f)(2)) is 
amended— 
(1) in subparagraph (A)— 
(A) in the heading, by striking ‘‘2022’’ and 
inserting ‘‘2037’’; and 
(B) by striking ‘‘2022’’ and inserting 
‘‘2037’’; and 
(2) in subparagraph (B)— 
(A) in the heading, by striking ‘‘2023’’ and 
inserting ‘‘2038’’; 
(B) by striking ‘‘2023’’ and inserting 
‘‘2038’’; and 
(C) by striking ‘‘2022’’ and inserting 
‘‘2037’’. 
SEC. 84202. EMERGENCY POWERS. 
(a) 
STATE
RECLAMATION
PROGRAM.—Section 
405(d) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1235(d)) is amended by striking 
‘‘sections 402 and 410 excepted’’ and inserting ‘‘section 
402 excepted’’. 
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(b) DELEGATION.—Section 410 of the Surface Min-
ing Control and Reclamation Act of 1977 (30 U.S.C. 
1240) is amended— 
(1) in subsection (a), by inserting ‘‘, including 
through reimbursement to a State or Tribal Govern-
ment described in subsection (c),’’ after ‘‘moneys’’; 
and 
(2) by adding at the end the following: 
‘‘(c) STATE OR TRIBAL GOVERNMENT.—A State or 
Tribal Government is eligible to receive reimbursement 
from the Secretary under subsection (a) if such State or 
Tribal Government has submitted, and the Secretary has 
approved, an Abandoned Mine Land Emergency Program 
as part of an approved State or Tribal Reclamation Plan 
under section 405.’’. 
SEC. 84203. RECLAMATION FEE. 
(a) DURATION.—Effective 90 days after the date of 
enactment of this Act, section 402(b) of the Surface Min-
ing Control and Reclamation Act of 1977 (30 U.S.C. 
1232(b)) is amended by striking ‘‘September 30, 2021’’ 
and inserting ‘‘September 30, 2036’’. 
(b) ALLOCATION OF FUNDS.—Effective September 
30, 2020, section 402(g) of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1232(g)) is 
amended— 
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(1) in paragraph (6)(A), by striking ‘‘para-
graphs (1) and (5)’’ inserting ‘‘paragraphs (1), (5), 
and (8)’’; 
(2) 
in 
paragraph 
(8)(A), 
by 
striking 
‘‘$3,000,000’’ and inserting ‘‘$5,000,000’’; and 
(3) by adding at the end the following: 
‘‘(9) From amounts withheld pursuant to the Budget 
Control Act of 2011 (2 U.S.C. 901(a)) from payments to 
States under title IV of the Surface Mining Control and 
Reclamation Act (30 U.S.C. 1232(g)) during fiscal years 
2013 through 2018, the Secretary shall distribute for fis-
cal year 2020 an amount to each State equal to the total 
amount so withheld.’’. 
Subtitle C—Revitalizing the Econ-
omy of Coal Communities by 
Leveraging Local Activities and 
Investing More 
SEC. 84301. ECONOMIC REVITALIZATION FOR COAL COUN-
TRY. 
(a) IN GENERAL.—Title IV of the Surface Mining 
Control and Reclamation Act of 1977 (30 U.S.C. 1231 
et seq.) is amended by adding at the end the following: 
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‘‘SEC. 416. ABANDONED MINE LAND ECONOMIC REVITAL-
IZATION. 
‘‘(a) PURPOSE.—The purpose of this section is to 
promote economic revitalization, diversification, and devel-
opment in economically distressed mining communities 
through the reclamation and restoration of land and water 
resources adversely affected by coal mining carried out be-
fore August 3, 1977. 
‘‘(b) IN GENERAL.—From amounts deposited into 
the fund under section 401(b) before October 1, 2007, 
$200,000,000 shall be made available to the Secretary, 
subject to appropriation, for each of fiscal years 2021 
through 2025 for distribution to States and Indian tribes 
in accordance with this section for reclamation and res-
toration projects at sites identified as priorities under sec-
tion 403(a). 
‘‘(c) USE OF FUNDS.—Funds distributed to a State 
or Indian tribe under subsection (d) shall be used only 
for projects classified under the priorities of section 403(a) 
that meet the following criteria: 
‘‘(1) CONTRIBUTION TO FUTURE ECONOMIC OR 
COMMUNITY DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—The project, upon 
completion of reclamation, is intended to create 
favorable conditions for the economic develop-
ment of the project site or create favorable con-
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ditions that promote the general welfare 
through economic and community development 
of the area in which the project is conducted. 
‘‘(B) DEMONSTRATION OF CONDITIONS.— 
Such conditions are demonstrated by— 
‘‘(i) documentation of the role of the 
project in such area’s economic develop-
ment strategy or other economic and com-
munity development planning process; 
‘‘(ii) any other documentation of the 
planned economic and community use of 
the project site after the primary reclama-
tion activities are completed, which may in-
clude contracts, agreements in principle, or 
other evidence that, once reclaimed, the 
site is reasonably anticipated to be used 
for one or more industrial, commercial, 
residential, agricultural, or recreational 
purposes; or 
‘‘(iii) any other documentation agreed 
to by the State or Indian tribe that dem-
onstrates the project will meet the criteria 
set forth in this subsection. 
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‘‘(2) LOCATION IN ECONOMICALLY DISTRESSED 
COMMUNITY
AFFECTED
BY
RECENT
DECLINE
IN 
MINING.— 
‘‘(A) IN
GENERAL.—The project will be 
conducted in a community— 
‘‘(i) that has been adversely affected 
economically by a recent reduction in coal 
mining related activity, as demonstrated by 
employment data, per capita income, or 
other indicators of economic distress; or 
‘‘(ii)(I) that has historically relied on 
coal mining for a substantial portion of its 
economy; and 
‘‘(II) in which the economic contribu-
tion of coal mining has significantly de-
clined. 
‘‘(B) SUBMISSION
AND
PUBLICATION
OF 
EVIDENCE
OR
ANALYSIS.—Any evidence or 
analysis relied upon in selecting the location of 
a project under this subparagraph shall be sub-
mitted to the Secretary for publication. The 
Secretary shall publish such evidence or anal-
ysis in the Federal Register within 30 days 
after receiving such submission. 
‘‘(3) STAKEHOLDER COLLABORATION.— 
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‘‘(A) IN GENERAL.—The project has been 
the subject of project planning under subsection 
(g) and has been the focus of collaboration, in-
cluding partnerships, as appropriate, with inter-
ested persons or local organizations. 
‘‘(B) PUBLIC NOTICE.—As part of project 
planning— 
‘‘(i) the public has been notified of the 
project at minimum 30 days prior to sub-
mission to Office of Surface Mining Rec-
lamation and Enforcement and has been 
given an opportunity to request a public 
meeting convened in a community near the 
proposed project site; and 
‘‘(ii) the State or Indian tribe pub-
lished notice of the proposed project 30 
days prior to submission to Office of Sur-
face Mining Reclamation and Enforcement 
and published notice of requested public 
meetings in local newspapers of general 
circulation, on the Internet, and by any 
other means considered desirable by the 
Secretary. 
‘‘(C) ELECTRONIC
NOTIFICATION.—The 
State or Indian tribe established a way for in-
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terested persons to receive electronically all 
public notices issued under subparagraph (B) 
and any written declarations submitted to the 
Secretary under paragraph (5). 
‘‘(4) ELIGIBLE APPLICANTS.—The project has 
been proposed by entities of State, local, county, or 
tribal governments, or local organizations, and will 
be approved and executed by State or tribal pro-
grams, approved under section 405 or referred to in 
section 402(g)(8)(B), which may include subcon-
tracting project-related activities, as appropriate. 
‘‘(5) WAIVER.—If the State or Indian tribe— 
‘‘(A) cannot provide documentation de-
scribed in paragraph (1)(B) for a project con-
ducted under a priority stated in paragraph (1) 
or (2) of section 403(a); or 
‘‘(B) is unable to meet the requirements 
under paragraph (2), 
the State or Indian tribe shall submit a written dec-
laration to the Secretary requesting an exemption 
from the requirements of those subparagraphs. The 
declaration must explain why achieving favorable 
conditions for economic or community development 
at the project site is not practicable, or why the re-
quirements of paragraph (2) cannot be met, and 
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that sufficient funds distributed annually under sec-
tion 401 are not available to implement the project. 
Such request for an exemption is deemed to be ap-
proved, except the Secretary shall deny such request 
if the Secretary determines the declaration to be 
substantially inadequate. Any denial of such request 
shall be resolved at the State’s or Indian tribe’s re-
quest through the procedures described in subsection 
(e). 
‘‘(d) DISTRIBUTION OF FUNDS.— 
‘‘(1) UNCERTIFIED STATES.— 
‘‘(A) IN
GENERAL.—From the amount 
made available in subsection (b), the Secretary 
shall distribute 97.5 percent annually for each 
of fiscal years 2021 through 2025 to States and 
Indian tribes that have a State or tribal pro-
gram approved under section 405 or are re-
ferred to in section 402(g)(8)(B), and have not 
made a certification under section 411(a) in 
which the Secretary has concurred, as follows: 
‘‘(i) Four-fifths of such amount shall 
be distributed based on the proportion of 
the amount of coal historically produced in 
each State or from the lands of each In-
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dian tribe concerned before August 3, 
1977. 
‘‘(ii) One-fifth of such amount shall be 
distributed based on the proportion of rec-
lamation fees paid during the period of fis-
cal years 2012 through 2016 for lands in 
each State or lands of each Indian tribe 
concerned. 
‘‘(B) SUPPLEMENTAL FUNDS.—Funds dis-
tributed under this section— 
‘‘(i) shall be in addition to, and shall 
not affect, the amount of funds distrib-
uted— 
‘‘(I) to States and Indian tribes 
under section 401(f); and 
‘‘(II) to States and Indian tribes 
that have made a certification under 
section 411(a) in which the Secretary 
has concurred, subject to the cap de-
scribed in section 402(i)(3); and 
‘‘(ii) shall not reduce any funds dis-
tributed to a State or Indian tribe by rea-
son of the application of section 402(g)(8). 
‘‘(2) 
ADDITIONAL
FUNDING
TO
CERTAIN 
STATES AND INDIAN TRIBES.— 
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‘‘(A) ELIGIBILITY.—From the amount 
made available in subsection (b), the Secretary 
shall distribute 2.5 percent annually for each of 
the five fiscal years beginning with fiscal year 
2021 to States and Indian tribes that have a 
State program approved under section 405 and 
have made a certification under section 411(a) 
in which the Secretary has concurred. 
‘‘(B) APPLICATION
FOR
FUNDS.—Using 
the process in section 405(f), any State or In-
dian tribe described in subparagraph (A) may 
submit a grant application to the Secretary for 
funds under this paragraph. The Secretary 
shall review each grant application to confirm 
that the projects identified in the application 
for funding are eligible under subsection (c). 
‘‘(C) 
DISTRIBUTION
OF
FUNDS.—The 
amount of funds distributed to each State or 
Indian tribe under this paragraph shall be de-
termined by the Secretary based on the dem-
onstrated need for the funding to accomplish 
the purpose of this section. 
‘‘(3) 
REALLOCATION
OF
UNCOMMITTED 
FUNDS.— 
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‘‘(A) COMMITTED
DEFINED.—For pur-
poses of this paragraph the term ‘committed’— 
‘‘(i) means that funds received by the 
State or Indian tribe— 
‘‘(I) have been exclusively applied 
to or reserved for a specific project 
and therefore are not available for any 
other purpose; or 
‘‘(II) have been expended or des-
ignated by the State or Indian tribe 
for the completion of a project; 
‘‘(ii) includes use of any amount for 
project planning under subsection (g); and 
‘‘(iii) reflects an acknowledgment by 
Congress that, based on the documentation 
required under subsection (c)(2)(B), any 
unanticipated delays to commit such funds 
that are outside the control of the State or 
Indian tribe concerned shall not affect its 
allocations under this section. 
‘‘(B) FISCAL YEARS 2024 AND 2025.—For 
each of fiscal years 2024 and 2025, the Sec-
retary shall reallocate in accordance with sub-
paragraph (D) any amount available for dis-
tribution under this subsection that has not 
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been committed to eligible projects in the pre-
ceding 2 fiscal years, among the States and In-
dian tribes that have committed to eligible 
projects the full amount of their annual alloca-
tion for the preceding fiscal year. 
‘‘(C) FISCAL YEAR 2026.—For fiscal year 
2026, the Secretary shall reallocate in accord-
ance with subparagraph (D) any amount avail-
able for distribution under this subsection that 
has not been committed to eligible projects or 
distributed under paragraph (1)(A), among the 
States and Indian tribes that have committed to 
eligible projects the full amount of their annual 
allocation for the preceding fiscal years. 
‘‘(D) AMOUNT
OF
REALLOCATION.—The 
amount reallocated to each State or Indian 
tribe under each of subparagraphs (B) and (C) 
shall be determined by the Secretary to reflect, 
to the extent practicable— 
‘‘(i) the proportion of unreclaimed eli-
gible lands and waters the State or Indian 
tribe has in the inventory maintained 
under section 403(c); 
‘‘(ii) the average of the proportion of 
reclamation fees paid for lands in each 
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State or lands of each Indian tribe con-
cerned; and 
‘‘(iii) the proportion of coal mining 
employment loss incurred in the State or 
on lands of the Indian tribe, respectively, 
as determined by the Mine Safety and 
Health Administration, over the 5-year pe-
riod preceding the fiscal year for which the 
reallocation is made. 
‘‘(e) RESOLUTION OF SECRETARY’S CONCERNS; CON-
GRESSIONAL NOTIFICATION.—If the Secretary does not 
agree with a State or Indian tribe that a proposed project 
meets the criteria set forth in subsection (c)— 
‘‘(1) the Secretary and the State or tribe shall 
meet and confer for a period of not more than 45 
days to resolve the Secretary’s concerns, except that 
such period may be shortened by the Secretary if the 
Secretary’s concerns are resolved; 
‘‘(2) during that period, at the State’s or In-
dian tribe’s request, the Secretary may consult with 
any appropriate Federal agency; and 
‘‘(3) at the end of that period, if the Secretary’s 
concerns are not resolved the Secretary shall provide 
to the Committee on Natural Resources of the 
House of Representatives and the Committee on En-
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ergy and Natural Resources of the Senate an expla-
nation of the concerns and such project proposal 
shall not be eligible for funds distributed under this 
section. 
‘‘(f) ACID MINE DRAINAGE TREATMENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
State or Indian tribe that receives funds under this 
section may use up to 30 percent of such funds as 
necessary to supplement the State’s or tribe’s acid 
mine drainage abatement and treatment fund estab-
lished under section 402(g)(6)(A), for future oper-
ation and maintenance costs for the treatment of 
acid mine drainage associated with the individual 
projects funded under this section. A State or Indian 
tribe shall specify the total funds allotted for such 
costs in its application submitted under subsection 
(d)(2)(B). 
‘‘(2) CONDITION.—A State or Indian tribe may 
use funds under this subsection only if the State or 
tribe can demonstrate that the annual grant distrib-
uted to the State or tribe pursuant to section 401(f), 
including any interest from the State’s or tribe’s 
acid mine drainage abatement and treatment fund 
that is not used for the operation or maintenance of 
preexisting acid mine drainage treatment systems, is 
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insufficient to fund the operation and maintenance 
of any acid mine drainage treatment system associ-
ated with an individual project funded under this 
section. 
‘‘(g) PROJECT PLANNING AND ADMINISTRATION.— 
‘‘(1) STATES AND INDIAN TRIBES.—A State or 
Indian tribe may use up to 10 percent of its annual 
distribution under this section for the costs of ad-
ministering this section consistent with existing 
practice under sections 401(c)(7) and 402(g)(1)(C) 
of the Surface Mining Control and Reclamation Act 
of 1977 and the Office of Surface Mining Reclama-
tion and Enforcement Federal Assistance Manual. 
‘‘(2) SECRETARY.—The Secretary may expend, 
from amounts made available to the Secretary under 
section 402(g)(3)(D), not more than $3,000,000 
during the fiscal years for which distributions occur 
under subsection (b) for staffing and other adminis-
trative expenses necessary to carry out this section. 
‘‘(h) REGULATIONS AND GUIDELINES.—To the ex-
tent necessary to implement the provisions of this Act, the 
Secretary shall propose rules and/or develop guidelines not 
later than 90 days following enactment of the Act and 
shall publish them as final rules and/or guidelines not later 
than 90 days thereafter. Within 60 days following the 
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adoption of any such final rules and/or guidelines, the Sec-
retary shall distribute the funds under subsection (d). 
Furthermore, project proposals under this Act shall be ini-
tially reviewed, vetted and approved by OSMRE Field Of-
fices within 45 days of receipt and authorizations to pro-
ceed shall be issued by the Field Office within 45 days 
of request by the State or Tribe. 
‘‘(i) REPORT TO CONGRESS.—The Secretary shall 
provide to the Committee on Natural Resources of the 
House of Representatives, the Committees on Appropria-
tions of the House of Representatives and the Senate, and 
the Committee on Energy and Natural Resources of the 
Senate at the end of each fiscal year for which such funds 
are distributed a detailed report— 
‘‘(1) on the various projects that have been un-
dertaken with such funds; 
‘‘(2) the extent and degree of reclamation using 
such funds that achieved the priorities described in 
paragraph (1) or (2) of section 403(a); 
‘‘(3) the community and economic benefits that 
are resulting from, or are expected to result from, 
the use of the funds that achieved the priorities de-
scribed in paragraph (3) of section 403(a); and 
‘‘(4) the reduction since the previous report in 
the inventory referred to in section 403(c). 
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‘‘(j) PROHIBITION ON CERTAIN USE OF FUNDS.— 
Any State or Indian tribe that uses the funds distributed 
under this section for purposes other than reclamation or 
drainage abatement expenditures, as made eligible by sec-
tion 404, and for the purposes authorized under sub-
sections (f) and (g), shall be barred from receiving any 
subsequent funding under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in the first section of the Surface Mining Control and Rec-
lamation Act of 1977 is amended by adding at the end 
of the items relating to title IV the following: 
‘‘Sec. 416. Abandoned mine land economic revitalization.’’. 
SEC. 84302. TECHNICAL AND CONFORMING AMENDMENTS. 
The Surface Mining Control and Reclamation Act of 
1977 is amended— 
(1) in section 401(c) (30 U.S.C. 1231(c)), by 
striking ‘‘and’’ after the semicolon at the end of 
paragraph (10), by redesignating paragraph (11) as 
paragraph (12), and by inserting after paragraph 
(10) the following: 
‘‘(11) to implement section 416; and’’; 
(2) 
in 
section 
401(d)(3) 
(30 
U.S.C. 
1231(d)(3)), by striking ‘‘subsection (f)’’ and insert-
ing ‘‘subsection (f) and section 416(a)’’; 
(3) in section 402(g) (30 U.S.C. 1232(g))— 
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(A) in paragraph (1), by inserting ‘‘and 
section 416’’ after ‘‘subsection (h)’’; and 
(B) by adding at the end of paragraph (3) 
the following: 
‘‘(F) 
For 
the 
purpose 
of 
section 
416(d)(2)(A).’’; and 
(4) in section 403(c) (30 U.S.C. 1233(c)), by 
inserting after the second sentence the following: 
‘‘As practicable, States and Indian tribes shall offer 
such amendments based on the use of remote sens-
ing, global positioning systems, and other advanced 
technologies.’’. 
SEC. 84303. MINIMUM STATE PAYMENTS. 
Section 402(g)(8)(A) of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1232(g)(8)) is 
amended 
by 
striking 
‘‘$3,000,000’’ 
and 
inserting 
‘‘$5,000,000’’. 
SEC. 84304. GAO STUDY OF USE OF FUNDS. 
Not later than 2 years after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall study and report to the Congress on uses of 
funds authorized by this subtitle, including regarding— 
(1) the solvency of the Abandoned Mine Rec-
lamation Fund; and 
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(2) the impact of such use on payments and 
transfers under the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1201) to— 
(A) States for which a certification has 
been made under section 411 of such Act (30 
U.S.C. 1241); 
(B) States for which such a certification 
has not been made; and 
(C) transfers to United Mine Workers of 
America Combined Benefit Fund. 
SEC. 84305. PAYMENTS TO CERTIFIED STATES NOT AF-
FECTED. 
Nothing in this subtitle shall be construed to reduce 
or otherwise affect payments under section 402(g) of the 
Surface Mining Reclamation and Control Act of 1977 (30 
U.S.C. 1232(g)) to States that have made a certification 
under section 411(a) of such Act (30 U.S.C. 1240a(a)) 
in which the Secretary of the Interior has concurred. 
Subtitle D—Public Land 
Renewable Energy Development 
SEC. 84401. DEFINITIONS. 
In this subtitle: 
(1) COVERED LAND.—The term ‘‘covered land’’ 
means land that is— 
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(A) public lands administered by the Sec-
retary; and 
(B) not excluded from the development of 
geothermal, solar, or wind energy under— 
(i) a land use plan established under 
the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.); or 
(ii) other Federal law. 
(2) EXCLUSION
AREA.—The term ‘‘exclusion 
area’’ means covered land that is identified by the 
Bureau of Land Management as not suitable for de-
velopment of renewable energy projects. 
(3) FEDERAL LAND.—The term ‘‘Federal land’’ 
means public lands. 
(4) FUND.—The term ‘‘Fund’’ means the Re-
newable Energy Resource Conservation Fund estab-
lished by section 84408(c)(1). 
(5) PRIORITY AREA.—The term ‘‘priority area’’ 
means covered land identified by the land use plan-
ning process of the Bureau of Land Management as 
being a preferred location for a renewable energy 
project, including a designated leasing area (as de-
fined in section 2801.5(b) of title 43, Code of Fed-
eral Regulations (or a successor regulation)) that is 
identified under the rule of the Bureau of Land 
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Management 
entitled 
‘‘Competitive 
Processes, 
Terms, and Conditions for Leasing Public Lands for 
Solar and Wind Energy Development and Technical 
Changes and Corrections’’ (81 Fed. Reg. 92122 
(December 19, 2016)) (or a successor regulation). 
(6) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103 of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702). 
(7) RENEWABLE ENERGY PROJECT.—The term 
‘‘renewable energy project’’ means a project carried 
out on covered land that uses wind, solar, or geo-
thermal energy to generate energy. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) VARIANCE
AREA.—The term ‘‘variance 
area’’ means covered land that is— 
(A) not an exclusion area; 
(B) not a priority area; and 
(C) identified by the Secretary as poten-
tially available for renewable energy develop-
ment and could be approved without a plan 
amendment, consistent with the principles of 
multiple use (as that term is defined in the 
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Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.)). 
SEC. 84402. LAND USE PLANNING; SUPPLEMENTS TO PRO-
GRAMMATIC 
ENVIRONMENTAL 
IMPACT 
STATEMENTS. 
(a) PRIORITY AREAS.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of Energy, shall establish 
priority areas on covered land for geothermal, solar, 
and wind energy projects. Projects located in those 
priority areas shall be given the highest priority for 
review, and shall be offered the opportunity to par-
ticipate in any regional mitigation plan developed for 
the relevant priority areas. 
(2) DEADLINE.— 
(A) GEOTHERMAL
ENERGY.—For geo-
thermal energy, the Secretary shall establish 
priority areas as soon as practicable, but not 
later than 5 years, after the date of the enact-
ment of this Act. 
(B) SOLAR
ENERGY.—For solar energy, 
solar Designated Leasing Areas, including the 
solar energy zones established by the 2012 
western solar plan of the Bureau of Land Man-
agement and any subsequent land use plan 
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amendments, shall be considered to be priority 
areas for solar energy projects. The Secretary 
shall establish additional solar priority areas as 
soon as practicable, but not later than 3 years, 
after the date of the enactment of this Act. 
(C) WIND ENERGY.—For wind energy, the 
Secretary shall establish additional wind pri-
ority areas as soon as practicable, but not later 
than 3 years, after the date of the enactment 
of this Act. 
(b) VARIANCE AREAS.—To the maximum extent 
practicable, variance areas shall be considered for renew-
able energy project development, consistent with the prin-
ciples of multiple use (as defined in the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.)). 
(c) REVIEW AND MODIFICATION.—Not less than once 
every 5 years, the Secretary shall— 
(1) review the adequacy of land allocations for 
geothermal, solar, and wind energy priority and vari-
ance areas for the purpose of encouraging new re-
newable energy development opportunities; and 
(2) based on the review carried out under para-
graph (1), add, modify, or eliminate priority, vari-
ance, and exclusion areas. 
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(d) COMPLIANCE WITH THE NATIONAL ENVIRON-
MENTAL POLICY ACT.—For purposes of this section, com-
pliance with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) shall be accomplished— 
(1) for geothermal energy, by supplementing 
the October 2008 final programmatic environmental 
impact statement for geothermal leasing in the 
Western United States and incorporating any addi-
tional regional analyses that have been completed by 
Federal agencies since the programmatic environ-
mental impact statement was finalized; 
(2) for solar energy, by supplementing the July 
2012 final programmatic environmental impact 
statement for solar energy development and incor-
porating any additional regional analyses that have 
been completed by Federal agencies since the pro-
grammatic environmental impact statement was fi-
nalized; and 
(3) for wind energy, by supplementing the July 
2005 final programmatic environmental impact 
statement for wind energy development and incor-
porating any additional regional analyses that have 
been completed by Federal agencies since the pro-
grammatic environmental impact statement was fi-
nalized. 
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(e) NO EFFECT ON PROCESSING APPLICATIONS.— 
Any requirements to prepare a supplement to a pro-
grammatic environmental impact statement under this 
section shall not result in any delay in processing a pend-
ing application for a renewable energy project. 
(f) COORDINATION.—In developing a supplement re-
quired by this section, the Secretary shall coordinate, on 
an ongoing basis, with appropriate State, Tribal, and local 
governments, transmission infrastructure owners and op-
erators, developers, and other appropriate entities to en-
sure that priority areas identified by the Secretary are— 
(1) economically viable (including having access 
to existing and/or planned transmission lines); 
(2) likely to avoid or minimize impacts to habi-
tat for animals and plants, recreation, cultural re-
sources, and other uses of covered land; and 
(3) consistent with section 202 of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1712), including subsection (c)(9) of that 
section (43 U.S.C. 1712(c)(9)). 
SEC. 84403. ENVIRONMENTAL REVIEW ON COVERED LAND. 
(a) IN GENERAL.—If the Secretary determines that 
a proposed renewable energy project has been sufficiently 
analyzed by a programmatic environmental impact state-
ment conducted under section 84402(d), the Secretary 
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shall not require any additional review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). The Secretary shall publish any such project deter-
minations on a publicly available website. 
(b) ADDITIONAL ENVIRONMENTAL REVIEW.—If the 
Secretary determines that additional environmental review 
under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) is necessary for a proposed renewable 
energy project, the Secretary shall rely on the analysis in 
the programmatic environmental impact statement con-
ducted under section 84402(d), to the maximum extent 
practicable when analyzing the potential impacts of the 
project. 
(c) RELATIONSHIP TO OTHER LAW.—Nothing in this 
section modifies or supersedes any requirement under ap-
plicable law. 
SEC. 84404. PROGRAM TO IMPROVE RENEWABLE ENERGY 
PROJECT PERMIT COORDINATION. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a national Renewable Energy Coordination Office and 
State, district, or field offices with responsibility to estab-
lish and implement a program to improve Federal permit 
coordination with respect to renewable energy projects on 
covered land and other activities deemed necessary by the 
Secretary. In carrying out the program, the Secretary may 
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temporarily assign qualified staff to Renewable Energy 
Coordination Offices to expedite the permitting of renew-
able energy projects. 
(b) MEMORANDUM OF UNDERSTANDING.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall enter into a memorandum of under-
standing for purposes of this section, including to 
specifically expedite the environmental analysis of 
applications for projects proposed in a variance area 
or a priority area, with the Secretary of Defense. 
(2) STATE AND TRIBAL PARTICIPATION.—The 
Secretary may request the Governor of any inter-
ested State or any Tribal leader of any interested 
Indian Tribe (as defined in section 4 of the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 5304)) to be a signatory to the memo-
randum of understanding under paragraph (1). 
(c) DESIGNATION OF QUALIFIED STAFF.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the memorandum of under-
standing under subsection (b) is executed, all Fed-
eral signatories, as appropriate, shall identify for 
each of the Bureau of Land Management Renewable 
Energy Coordination Offices one or more employees 
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who have expertise in the regulatory issues relating 
to the office in which the employee is employed, in-
cluding, as applicable, particular expertise in— 
(A) consultation regarding, and prepara-
tion of, biological opinions under section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 
1536); 
(B) permits under section 404 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1344); 
(C) regulatory matters under the Clean Air 
Act (42 U.S.C. 7401 et seq.); 
(D) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.); 
(E) the Migratory Bird Treaty Act (16 
U.S.C. 703 et seq.); 
(F) the preparation of analyses under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.); 
(G) implementation of the requirements of 
section 306108 of title 54, United States Code 
(formerly known as section 106 of the National 
Historic Preservation Act); 
(H) the Bald and Golden Eagle Protection 
Act (16 U.S.C. 668 through 668d); and 
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(I) section 100101(a), chapter 1003, and 
sections 100751(a), 100752, 100753 and 
102101 of title 54 , United States Code (pre-
viously known as the ‘‘National Park Service 
Organic Act’’). 
(2) DUTIES.—Each employee assigned under 
paragraph (1) shall— 
(A) be responsible for addressing all issues 
relating to the jurisdiction of the home office or 
agency of the employee; and 
(B) participate as part of the team of per-
sonnel working on proposed energy projects, 
planning, monitoring, inspection, enforcement, 
and environmental analyses. 
(d) ADDITIONAL PERSONNEL.—The Secretary may 
assign such additional personnel for the Bureau of Land 
Management Renewable Energy Coordination Offices as 
are necessary to ensure the effective implementation of 
any programs administered by the offices in accordance 
with the multiple use mandate of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1701 et seq.). 
(e) CLARIFICATION
OF EXISTING AUTHORITY.— 
Under section 307 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1737), the Bureau of 
Land Management may— 
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(1) accept donations for the purposes of public 
lands management; and 
(2) accept donations from renewable energy 
companies working on public lands to help cover the 
costs of environmental reviews. 
(f) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than February 1 
of the first fiscal year beginning after the date of the 
enactment of this Act, and each February 1 there-
after, the Secretary shall submit to the Committee 
on Energy and Natural Resources of the Senate and 
the Committee on Natural Resources of the House 
of Representatives a report describing the progress 
made under the program established under sub-
section (a) during the preceding year. 
(2) INCLUSIONS.—Each report under this sub-
section shall include— 
(A) projections for renewable energy pro-
duction and capacity installations; and 
(B) a description of any problems relating 
to leasing, permitting, siting, or production. 
SEC. 84405. INCREASING ECONOMIC CERTAINTY. 
(a) CONSIDERATIONS.—The Secretary is authorized 
to and shall consider acreage rental rates, capacity fees, 
and other recurring annual fees in total when evaluating 
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existing rates paid for the use of Federal land by renew-
able energy projects. 
(b) INCREASES IN BASE RENTAL RATES.—Once a 
base rental rate is established upon the issuance of a 
right-of-way authorization, increases in the base rent shall 
be limited to the Implicit Price Deflator–Gross Domestic 
Product (IPD–GDP) index for the entire term of the 
right-of-way authorization. 
(c) REDUCTIONS
IN BASE RENTAL RATES.—The 
Secretary is authorized to reduce acreage rental rates and 
capacity fees, or both, for existing and new wind and solar 
authorizations if the Secretary determines— 
(1) that the existing rates— 
(A) exceed fair market value; 
(B) impose economic hardships; 
(C) limit commercial interest in a competi-
tive lease sale or right-of-way grant; or 
(D) are not competitively priced compared 
to other available land; or 
(2) that a reduced rental rate or capacity fee is 
necessary to promote the greatest use of wind and 
solar energy resources, especially those resources in-
side priority areas. Rental rates and capacity fees 
for projects that are within the boundaries of a Des-
ignated Leasing Area but not formally recognized as 
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being in such an area shall be equivalent to rents 
and fees for new leases inside of a Designated Leas-
ing Area. 
SEC. 84406. LIMITED GRANDFATHERING. 
(a) DEFINITION OF PROJECT.—In this section, the 
term ‘‘project’’ means a system described in section 
2801.9(a)(4) of title 43, Code of Federal Regulations (as 
in effect on the date of enactment of this Act). 
(b) REQUIREMENT TO PAY RENTS AND FEES.—Un-
less otherwise agreed to by the owner of a project, the 
owner of a project that applied for a right-of-way under 
section 501 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1761) on or before December 19, 
2016, shall be obligated to pay with respect to the right- 
of-way all rents and fees in effect before the effective date 
of the rule of the Bureau of Land Management entitled 
‘‘Competitive Processes, Terms, and Conditions for Leas-
ing Public Lands for Solar and Wind Energy Development 
and Technical Changes and Corrections’’ (81 Fed. Reg. 
92122 (December 19, 2016)). 
SEC. 84407. RENEWABLE ENERGY GOAL. 
The Secretary shall seek to issue permits that, in 
total, authorize production of not less than 25 gigawatts 
of electricity from wind, solar, and geothermal energy 
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projects by not later than 2025, through management of 
public lands and administration of Federal laws. 
SEC. 84408. DISPOSITION OF REVENUES. 
(a) DISPOSITION OF REVENUES.—Beginning on Jan-
uary 1, 2020, of the amounts collected as bonus bids, rent-
als, fees, or other payments under a right-of-way, permit, 
lease, or other authorization (other than under section 
504(g) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1764(g))) for the development of wind 
or solar energy on covered land the following shall be made 
available without further appropriation or fiscal year limi-
tation as follows: 
(1) Twenty-five percent shall be paid by the 
Secretary of the Treasury to the State within the 
boundaries of which the revenue is derived. 
(2) Twenty-five percent shall be paid by the 
Secretary of the Treasury to the one or more coun-
ties within the boundaries of which the revenue is 
derived, to be allocated among the counties based on 
the percentage of land from which the revenue is de-
rived. 
(3) Fifteen percent shall be deposited in the 
Treasury and be made available to the Secretary to 
carry out the program established under this sub-
title, including the transfer of the funds by the Bu-
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reau of Land Management to other Federal agencies 
and State agencies to facilitate the processing of re-
newable energy permits on Federal land, with pri-
ority given to using the amounts, to the maximum 
extent practicable without detrimental impacts to 
emerging markets, to expediting the issuance of per-
mits required for the development of renewable en-
ergy projects in the States from which the revenues 
are derived. 
(4) Twenty-five percent shall be deposited in 
the Renewable Energy Resource Conservation Fund 
established by subsection (c). 
(5) The remainder shall be deposited into the 
general fund of the Treasury for purposes of reduc-
ing the annual Federal budget deficit. 
(b) PAYMENTS TO STATES AND COUNTIES.— 
(1) IN GENERAL.—Amounts paid to States and 
counties under subsection (a) shall be used con-
sistent with section 35 of the Mineral Leasing Act 
(30 U.S.C. 191). 
(2) PAYMENTS IN LIEU OF TAXES.—A payment 
to a county under paragraph (1) shall be in addition 
to a payment in lieu of taxes received by the county 
under chapter 69 of title 31, United States Code. 
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(c) RENEWABLE ENERGY RESOURCE CONSERVATION 
FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury a fund to be known as the Renewable En-
ergy Resource Conservation Fund, which shall be 
administered by the Secretary. 
(2) USE OF FUNDS.—The Secretary may make 
amounts in the Fund available to Federal, State, 
local, and Tribal agencies to be distributed in re-
gions in which renewable energy projects are located 
on Federal land, for the purposes of— 
(A) restoring and protecting— 
(i) fish and wildlife habitat for af-
fected species; 
(ii) fish and wildlife corridors for af-
fected species; and 
(iii) wetlands, streams, rivers, and 
other natural water bodies in areas af-
fected by wind, geothermal, or solar energy 
development; and 
(B) preserving and improving recreational 
access to Federal land and water in an affected 
region through an easement, right-of-way, or 
other instrument from willing landowners for 
the purpose of enhancing public access to exist-
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ing Federal land and water that is inaccessible 
or restricted. 
(3) RESTRICTION
ON
USE
OF
FUNDS.—No 
funds made available under this subsection may be 
used for the purchase of real property unless in ful-
fillment of paragraph (2)(B). 
(4) PARTNERSHIPS.—The Secretary may enter 
into cooperative agreements with State and Tribal 
agencies, nonprofit organizations, and other appro-
priate entities to carry out the activities described in 
subparagraphs (A) and (B) of paragraph (2). 
(5) INVESTMENT OF FUND.— 
(A) IN GENERAL.—Any amounts deposited 
in the Fund shall earn interest in an amount 
determined by the Secretary of the Treasury on 
the basis of the current average market yield on 
outstanding marketable obligations of the 
United States of comparable maturities. 
(B) USE.—Any interest earned under sub-
paragraph (A) may be expended in accordance 
with this subsection. 
(6) REPORT TO CONGRESS.—At the end of each 
fiscal year, the Secretary shall report to the Com-
mittee on Natural Resources of the House of Rep-
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resentatives and the Committee on Energy and Nat-
ural Resources of the Senate— 
(A) the amount collected as described in 
subsection (a), by source, during that fiscal 
year; 
(B) the amount and purpose of payments 
during that fiscal year to each Federal, State, 
local, and Tribal agency under paragraph (2); 
and 
(C) the amount remaining in the Fund at 
the end of the fiscal year. 
(7) INTENT OF CONGRESS.—It is the intent of 
Congress that the revenues deposited and used in 
the Fund shall supplement (and not supplant) an-
nual appropriations for activities described in sub-
paragraphs (A) and (B) of paragraph (2). 
SEC. 84409. PROMOTING AND ENHANCING DEVELOPMENT 
OF GEOTHERMAL ENERGY. 
(a) IN GENERAL.—Section 234(a) of the Energy Pol-
icy Act of 2005 (42 U.S.C. 15873(a)) is amended by strik-
ing ‘‘in the first 5 fiscal years beginning after the date 
of enactment of this Act’’ and inserting ‘‘through fiscal 
year 2022’’. 
(b) AUTHORIZATION.—Section 234(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 15873(b)) is amended— 
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(1) by striking ‘‘Amounts’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—Amounts’’; and 
(2) by adding at the end the following: 
‘‘(2) AUTHORIZATION.—Effective for fiscal year 
2019 and each fiscal year thereafter, amounts de-
posited under subsection (a) shall be available to the 
Secretary of the Interior for expenditure, without 
further appropriation or fiscal year limitation, to im-
plement the Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.) and this Act.’’. 
SEC. 84410. FACILITATION OF COPRODUCTION OF GEO-
THERMAL ENERGY ON OIL AND GAS LEASES. 
Section 4(b) of the Geothermal Steam Act of 1970 
(30 U.S.C. 1003(b)) is amended by adding at the end the 
following: 
‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— 
Land under an oil and gas lease issued pursuant to 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or 
the Mineral Leasing Act for Acquired Lands (30 
U.S.C. 351 et seq.) that is subject to an approved 
application for permit to drill and from which oil 
and gas production is occurring may be available for 
noncompetitive leasing under subsection (c) by the 
holder of the oil and gas lease— 
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‘‘(A) on a determination that geothermal 
energy will be produced from a well producing 
or capable of producing oil and gas; and 
‘‘(B) in order to provide for the coproduc-
tion of geothermal energy with oil and gas.’’. 
SEC. 84411. NONCOMPETITIVE LEASING OF ADJOINING 
AREAS FOR DEVELOPMENT OF GEOTHERMAL 
RESOURCES. 
Section 4(b) of the Geothermal Steam Act of 1970 
(30 U.S.C. 1003(b)) is further amended by adding at the 
end the following: 
‘‘(5) ADJOINING LAND.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) 
FAIR
MARKET
VALUE
PER 
ACRE.—The term ‘fair market value per 
acre’ means a dollar amount per acre 
that— 
‘‘(I) except as provided in this 
clause, shall be equal to the market 
value per acre (taking into account 
the determination under subparagraph 
(B)(iii) regarding a valid discovery on 
the adjoining land) as determined by 
the Secretary under regulations issued 
under this paragraph; 
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‘‘(II) shall be determined by the 
Secretary with respect to a lease 
under this paragraph, by not later 
than the end of the 180-day period 
beginning on the date the Secretary 
receives an application for the lease; 
and 
‘‘(III) shall be not less than the 
greater of— 
‘‘(aa) 4 times the median 
amount paid per acre for all land 
leased under this Act during the 
preceding year; or 
‘‘(bb) $50. 
‘‘(ii) 
INDUSTRY
STANDARDS.—The 
term ‘industry standards’ means the stand-
ards by which a qualified geothermal pro-
fessional assesses whether downhole or 
flowing temperature measurements with 
indications of permeability are sufficient to 
produce energy from geothermal resources, 
as determined through flow or injection 
testing or measurement of lost circulation 
while drilling. 
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‘‘(iii) QUALIFIED
FEDERAL
LAND.— 
The term ‘qualified Federal land’ means 
land that is otherwise available for leasing 
under this Act. 
‘‘(iv) QUALIFIED GEOTHERMAL PRO-
FESSIONAL.—The 
term 
‘qualified 
geo-
thermal professional’ means an individual 
who is an engineer or geoscientist in good 
professional standing with at least 5 years 
of experience in geothermal exploration, 
development, or project assessment. 
‘‘(v) QUALIFIED LESSEE.—The term 
‘qualified lessee’ means a person who may 
hold a geothermal lease under this Act (in-
cluding applicable regulations). 
‘‘(vi) VALID
DISCOVERY.—The term 
‘valid discovery’ means a discovery of a 
geothermal resource by a new or existing 
slim hole or production well, that exhibits 
downhole or flowing temperature measure-
ments with indications of permeability that 
are sufficient to meet industry standards. 
‘‘(B) AUTHORITY.—An area of qualified 
Federal land that adjoins other land for which 
a qualified lessee holds a legal right to develop 
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geothermal resources may be available for a 
noncompetitive lease under this section to the 
qualified lessee at the fair market value per 
acre, if— 
‘‘(i) the area of qualified Federal 
land— 
‘‘(I) consists of not less than 1 
acre and not more than 640 acres; 
and 
‘‘(II) is not already leased under 
this Act or nominated to be leased 
under subsection (a); 
‘‘(ii) the qualified lessee has not pre-
viously received a noncompetitive lease 
under this paragraph in connection with 
the valid discovery for which data has been 
submitted under clause (iii)(I); and 
‘‘(iii) sufficient geological and other 
technical data prepared by a qualified geo-
thermal professional has been submitted by 
the qualified lessee to the applicable Fed-
eral land management agency that would 
lead individuals who are experienced in the 
subject matter to believe that— 
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‘‘(I) there is a valid discovery of 
geothermal resources on the land for 
which the qualified lessee holds the 
legal right to develop geothermal re-
sources; and 
‘‘(II) that geothermal feature ex-
tends into the adjoining areas. 
‘‘(C) DETERMINATION
OF
FAIR
MARKET 
VALUE.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall— 
‘‘(I) publish a notice of any re-
quest to lease land under this para-
graph; 
‘‘(II) determine fair market value 
for purposes of this paragraph in ac-
cordance with procedures for making 
those determinations that are estab-
lished by regulations issued by the 
Secretary; 
‘‘(III) provide to a qualified les-
see and publish, with an opportunity 
for public comment for a period of 30 
days, any proposed determination 
under this subparagraph of the fair 
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market value of an area that the 
qualified lessee seeks to lease under 
this paragraph; and 
‘‘(IV) provide to the qualified les-
see and any adversely affected party 
the opportunity to appeal the final de-
termination of fair market value in an 
administrative proceeding before the 
applicable Federal land management 
agency, in accordance with applicable 
law (including regulations). 
‘‘(ii) LIMITATION ON NOMINATION.— 
After publication of a notice of request to 
lease land under this paragraph, the Sec-
retary may not accept under subsection (a) 
any nomination of the land for leasing un-
less the request has been denied or with-
drawn. 
‘‘(iii) ANNUAL
RENTAL.—For pur-
poses of section 5(a)(3), a lease awarded 
under this paragraph shall be considered a 
lease awarded in a competitive lease sale. 
‘‘(D) REGULATIONS.—Not later than 270 
days after the date of the enactment of this 
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paragraph, the Secretary shall issue regulations 
to carry out this paragraph.’’. 
SEC. 84412. SAVINGS CLAUSE. 
Notwithstanding any other provision of this subtitle, 
the Secretary shall continue to manage public lands under 
the principles of multiple use and sustained yield in ac-
cordance with title I of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et seq.), including 
due consideration of mineral and nonrenewable energy-re-
lated projects and other nonrenewable energy uses, for the 
purposes of land use planning, permit processing, and con-
ducting environmental reviews. 
Subtitle E—Offshore Wind Jobs 
and Opportunity 
SEC. 84501. OFFSHORE WIND CAREER TRAINING GRANT 
PROGRAM. 
The Outer Continental Shelf Lands Act (43 U.S.C. 
1331 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 33. OFFSHORE WIND CAREER TRAINING GRANT PRO-
GRAM. 
‘‘(a) GRANTS AUTHORIZED.—Beginning 180 days 
after the date of the enactment of this section, the Sec-
retary may award offshore wind career training grants to 
eligible entities for the purpose of establishing or expand-
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ing educational or career training programs that provide 
individuals in such programs skills and competencies nec-
essary for employment in the offshore wind industry. 
‘‘(b) ALLOCATION OF GRANTS.— 
‘‘(1) LIMITATION
ON
GRANT
QUANTITY
AND 
SIZE.—An eligible entity may not be awarded— 
‘‘(A) more than one grant under this sec-
tion for which the eligible entity is the lead ap-
plicant; or 
‘‘(B) a grant under this section in excess 
of $2,500,000. 
‘‘(2) ALLOCATION TO COMMUNITY COLLEGES.— 
Not less than 25 percent of the total amount award-
ed under this section for a fiscal year shall be 
awarded to eligible entities that are community col-
leges. 
‘‘(c) PARTNERSHIPS.—An eligible entity seeking to 
receive a grant under this section shall establish or partner 
with one or more of the following: 
‘‘(1) Another eligible entity (including an eligi-
ble entity that is a community college). 
‘‘(2) A State or local government agency re-
sponsible for education, workforce development or 
offshore wind energy activities. 
‘‘(3) A qualified intermediary. 
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‘‘(d) USE OF GRANT.—An eligible entity may use a 
grant awarded under this section for the following activi-
ties: 
‘‘(1) Occupational skills training, including cur-
riculum development and class-room instruction. 
‘‘(2) Safety and health training. 
‘‘(3) The provision of English language acquisi-
tion and employability skills. 
‘‘(4) Individual referral and tuition assistance 
for a community college training program. 
‘‘(5) Career pathway development or expansion 
for offshore wind industry occupations. 
‘‘(6) The development or expansion of work- 
based learning or incumbent worker training pro-
grams aligned with career pathways in a field re-
lated to the offshore wind industry, such as paid in-
ternships, registered apprenticeships and programs 
articulating to an apprenticeship program, cus-
tomized training, or transitional jobs. 
‘‘(7) Curriculum development at the under- 
graduate and postgraduate levels. 
‘‘(8) Development and support of offshore wind 
energy major, minor, or certificate programs. 
‘‘(9) Such other activities, as determined by the 
Secretary, to meet the purposes of this section. 
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‘‘(e) GRANT PROPOSALS.— 
‘‘(1) SUBMISSION PROCEDURE FOR GRANT PRO-
POSALS.—An eligible entity seeking to receive a 
grant under this section shall submit a grant pro-
posal to the Secretary at such time, in such manner, 
and containing such information as the Secretary 
may require. 
‘‘(2) CONTENT
OF
GRANT
PROPOSALS.—A 
grant proposal submitted to the Secretary under this 
section shall include a detailed description of— 
‘‘(A) the specific project for which the 
grant proposal is submitted, including the man-
ner in which the grant will be used to develop, 
offer, or improve an educational or career train-
ing program that will provide individuals in 
such program the skills and competencies nec-
essary for employment in the offshore wind in-
dustry; 
‘‘(B) any previous experience of the eligible 
entity in providing such educational or career 
training programs; 
‘‘(C) the extent to which such project will 
meet the educational or career training needs; 
‘‘(D) the quantitative data that dem-
onstrates the demand for employment for such 
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program in the geographic area served by the 
eligible entity, including wages and benefits for 
such employment; 
‘‘(E) a description of the entities involved 
in the industry or sector partnership; and 
‘‘(F) a description of the activities the eli-
gible entity will carry out. 
‘‘(f) CRITERIA FOR AWARD OF GRANTS.— 
‘‘(1) IN GENERAL.—Subject to appropriations, 
the Secretary shall award grants under this section 
based on an evaluation of— 
‘‘(A) the merits of the grant proposal; 
‘‘(B) the available or projected employment 
opportunities, including the projected wages 
and benefits, available to individuals who com-
plete the educational or career training program 
that the eligible entity proposes to develop, 
offer, or improve; and 
‘‘(C) the availability and capacity of exist-
ing educational or career training programs in 
the community to meet future demand for such 
programs. 
‘‘(2) PRIORITY.—Priority in awarding grants 
under this section shall be given to an eligible entity 
that— 
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‘‘(A) is— 
‘‘(i) an institute of higher education 
that has formed a partnership with a labor 
organization or joint-labor management or-
ganization; or 
‘‘(ii) a labor organization or joint- 
labor management organization that has 
formed a partnership with an institute of 
higher education; 
‘‘(B) has entered into a memorandum of 
understanding with one or more employers in 
the offshore wind industry to partner on the es-
tablishment or expansion of programs funded 
under this Act; 
‘‘(C) is located in an economically dis-
tressed area; 
‘‘(D) serves a high number or high per-
centage of individuals who are— 
‘‘(i) dislocated workers (particularly 
workers dislocated from the offshore oil 
and gas, onshore fossil fuel, nuclear en-
ergy, or fishing industries); 
‘‘(ii) veterans, members of the reserve 
components of the Armed Forces, or 
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former members of such reserve compo-
nents; 
‘‘(iii) unemployed, underemployed, or 
disconnected; 
‘‘(iv) individuals with barriers to em-
ployment; 
‘‘(v) in-school and out-of-school youth; 
or 
‘‘(vi) 
formerly 
incarcerated, 
adju-
dicated, nonviolent offenders; 
‘‘(E) an eligible entity that proposes to 
serve a high percentage or number of low-in-
come or minority students; or 
‘‘(F) demonstration of or established plans 
for the eligible entity to be included on the list 
of eligible providers of training services de-
scribed in section 122(d) of the Workforce In-
novation and Opportunity Act (29 U.S.C. 
3152(d)). 
‘‘(3) GEOGRAPHIC
DISTRIBUTION.—The Sec-
retary shall, to the extent practicable, award grants 
under this section in a manner that provides for a 
reasonable geographic distribution, except that the 
Secretary shall not be required to award grants 
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equally among different regions of the United 
States. 
‘‘(g) MATCHING REQUIREMENTS.—A grant awarded 
under this section may not be used to satisfy any non- 
Federal funds matching requirement under any other pro-
vision of law. 
‘‘(h) GRANTEE DATA COLLECTION.— 
‘‘(1) IN GENERAL.—A grantee, with respect to 
the educational or career training program for which 
the grantee received a grant under this section, shall 
collect and report to the Secretary on an annual 
basis the following: 
‘‘(A) The number of participants enrolled 
in the educational or career training program. 
‘‘(B) The number of participants that have 
completed the educational or career training 
programing the last 12 months. 
‘‘(C) The services received by such partici-
pants, including a description of training, edu-
cation, and supportive services. 
‘‘(D) The amount spent by the grantee per 
participant. 
‘‘(E) The percentage of job placement of 
participants in the offshore wind industry or re-
lated fields. 
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‘‘(F) The percentage of employment reten-
tion— 
‘‘(i) if the eligible entity is not an in-
stitution of higher education, 1 year after 
completion of the educational or career 
training program; or 
‘‘(ii) if the eligible entity is an institu-
tion of higher education, 1 year after com-
pletion of the educational or career train-
ing program or 1 year after the participant 
is no longer enrolled in such institution of 
higher education, whichever is later. 
‘‘(G) The percentage of program partici-
pants who obtain a recognized postsecondary 
credential, or a secondary school diploma or its 
recognized equivalent during participation in or 
within 1 year after exit from the program. 
‘‘(2) DISAGGREGATION
OF
DATA.—The data 
collected and reported under this subsection shall be 
disaggregated by each population specified in section 
3(24) of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3102(24)) and by race, ethnicity, 
sex, and age. 
‘‘(3) ASSISTANCE FROM SECRETARY.—The Sec-
retary shall assist grantees in the collection of data 
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under this subsection by making available, where 
practicable, low-cost means of tracking the labor 
market outcomes of participants (including through 
coordination with the Secretary of Labor) and by 
providing standardized reporting forms, where ap-
propriate. The Secretary shall provide technical as-
sistance and oversight to assist the eligible entities 
in applying for and administering grants. 
‘‘(j) GUIDELINES.—Not later than 90 days after the 
date of the enactment of this section, the Secretary shall— 
‘‘(1) promulgate guidelines for the submission 
of grant proposals; and 
‘‘(2) publish and maintain such guidelines on a 
public website of the Secretary. 
‘‘(k) REPORTING REQUIREMENT.—Not later than 18 
months after the date of the enactment of this section, 
and every 2 years thereafter, the Secretary shall submit 
a report to the Committee on Natural Resources of the 
House of Representatives, the Committee on Energy and 
Natural Resources of the Senate, the Committee on Edu-
cation and Labor of the House of Representatives, and 
the Committee on Health, Education, Labor, and Pen-
sions of the Senate on the grant program established by 
this section. The report shall include a description of the 
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grantees and the activities for which grantees used a grant 
awarded under this section. 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for purposes of this sec-
tion $25,000,000 for each of fiscal years 2020 through 
2024. The Secretary may use not more than 2 percent 
of the amount appropriated for each fiscal year for admin-
istrative expenses, including the expenses of providing the 
technical assistance and oversight activities. 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) APPRENTICESHIP, APPRENTICESHIP PRO-
GRAM.—The term ‘apprenticeship’ or ‘apprenticeship 
program’ means an apprenticeship program reg-
istered under the Act of August 16, 1937 (commonly 
known as the ‘National Apprenticeship Act’; 50 
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), in-
cluding any requirement, standard, or rule promul-
gated under such Act, as such requirement, stand-
ard, or rule was in effect on December 30, 2019. 
Any funds made available under this Act that are 
used to fund an apprenticeship or apprenticeship 
program shall only be used for, or provided to, an 
apprenticeship or apprenticeship program that meets 
this definition, including any funds awarded for the 
purposes of grants, contracts, or cooperative agree-
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ments, or the development, implementation, or ad-
ministration, of an apprenticeship or an apprentice-
ship program. 
‘‘(2) COMMUNITY COLLEGE.—The term ‘com-
munity college’ has the meaning given the term ‘jun-
ior or community college’ in section 312(f) of the 
Higher Education Act of 1965 (20 U.S.C. 1058(f)). 
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means an entity that is— 
‘‘(A) an institution of higher education, as 
such term is defined in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001)); or 
‘‘(B) a labor organization or a joint labor 
management organization. 
‘‘(4) GRANTEE.—The term ‘grantee’ means an 
eligible entity that has received a grant under this 
section. 
‘‘(5) LEAD APPLICANT.—The term ‘lead appli-
cant’ means the eligible entity that is primarily re-
sponsible for the preparation, conduct, and adminis-
tration of the project for which the grant was award-
ed. 
‘‘(6) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Interior, in consultation with 
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the Secretary of Energy, the Secretary of Education, 
and the Secretary of Labor. 
‘‘(7) CARL
D. PERKINS
CAREER
AND
TECH-
NICAL EDUCATION ACT TERMS.—The terms ‘area ca-
reer and technical education school’, ‘qualified inter-
mediary’, ‘Tribal educational agency’, and ‘work- 
based learning’ have the meanings given the terms 
in section 3 of the Carl D. Perkins Career and Tech-
nical Education Act of 2006 (20 U.S.C. 2302). 
‘‘(8) WORKFORCE
INNOVATION
AND
OPPOR-
TUNITY ACT TERMS.—The terms ‘career pathway’, 
‘dislocated worker’, ‘English language acquisition’, 
‘in-school youth’, ‘individuals with barriers to em-
ployment’, ‘industry or sector partnership’, ‘on-the- 
job training’, ‘out-of-school youth’, ‘recognized post-
secondary credential’, ‘supportive services’, have the 
meanings given the terms in section 3 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 
3102).’’. 
Subtitle F—Community 
Reclamation Partnerships 
SEC. 84601. REFERENCE. 
Except as otherwise specifically provided, whenever in 
this subtitle an amendment is expressed in terms of an 
amendment to a provision, the reference shall be consid-
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ered to be made to a provision of the Surface Mining Con-
trol and Reclamation Act of 1977 (30 U.S.C. 1201 et 
seq.). 
SEC. 84602. STATE MEMORANDA OF UNDERSTANDING FOR 
CERTAIN REMEDIATION. 
(a) MEMORANDA AUTHORIZED.—Section 405 (30 
U.S.C. 1235) is amended by inserting after subsection (l) 
the following: 
‘‘(m) STATE MEMORANDA OF UNDERSTANDING FOR 
REMEDIATION OF MINE DRAINAGE.— 
‘‘(1) IN GENERAL.—A State with a State pro-
gram approved under subsection (d) may enter into 
a memorandum of understanding with relevant Fed-
eral or State agencies (or both) to remediate mine 
drainage on abandoned mine land and water im-
pacted by abandoned mines within the State. The 
memorandum may be updated as necessary and re-
submitted for approval under this subsection. 
‘‘(2) 
MEMORANDA
REQUIREMENTS.—Such 
memorandum shall establish a strategy satisfactory 
to the State and Federal agencies that are parties 
to the memorandum, to address water pollution re-
sulting from mine drainage at sites eligible for rec-
lamation and mine drainage abatement expenditures 
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under section 404, including specific procedures 
for— 
‘‘(A) ensuring that activities carried out to 
address mine drainage will result in improved 
water quality; 
‘‘(B) monitoring, sampling, and the report-
ing of collected information as necessary to 
achieve the condition required under subpara-
graph (A); 
‘‘(C) operation and maintenance of treat-
ment systems as necessary to achieve the condi-
tion required under subparagraph (A); and 
‘‘(D) other purposes, as considered nec-
essary by the State or Federal agencies, to 
achieve the condition required under subpara-
graph (A). 
‘‘(3) PUBLIC REVIEW AND COMMENT.— 
‘‘(A) IN GENERAL.—Before submitting a 
memorandum to the Secretary and the Admin-
istrator for approval, a State shall— 
‘‘(i) invite interested members of the 
public to comment on the memorandum; 
and 
‘‘(ii) hold at least one public meeting 
concerning the memorandum in a location 
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or locations reasonably accessible to per-
sons who may be affected by implementa-
tion of the memorandum. 
‘‘(B) NOTICE
OF
MEETING.—The State 
shall publish notice of each meeting not less 
than 15 days before the date of the meeting, in 
local newspapers of general circulation, on the 
Internet, and by any other means considered 
necessary or desirable by the Secretary and the 
Administrator. 
‘‘(4) SUBMISSION AND APPROVAL.—The State 
shall submit the memorandum to the Secretary and 
the Administrator of the Environmental Protection 
Agency for approval. The Secretary and the Admin-
istrator shall approve or disapprove the memo-
randum within 120 days after the date of its sub-
mission if the Secretary and Administrator find that 
the memorandum will facilitate additional activities 
under the State Reclamation Plan under subsection 
(e) that improve water quality. 
‘‘(5) TREATMENT AS PART OF STATE PLAN.— 
A memorandum of a State that is approved by the 
Secretary and the Administrator under this sub-
section shall be considered part of the approved 
abandoned mine reclamation plan of the State. 
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‘‘(n) COMMUNITY RECLAIMER PARTNERSHIPS.— 
‘‘(1) PROJECT
APPROVAL.—Within 120 days 
after receiving such a submission, the Secretary 
shall approve a Community Reclaimer project to re-
mediate abandoned mine lands if the Secretary finds 
that— 
‘‘(A) the proposed project will be con-
ducted by a Community Reclaimer as defined in 
this subsection or approved subcontractors of 
the Community Reclaimer; 
‘‘(B) for any proposed project that remedi-
ates mine drainage, the proposed project is con-
sistent with an approved State memorandum of 
understanding under subsection (m); 
‘‘(C) the proposed project will be con-
ducted on a site or sites inventoried under sec-
tion 403(c); 
‘‘(D) the proposed project meets all sub-
mission criteria under paragraph (2); 
‘‘(E) the relevant State has entered into an 
agreement with the Community Reclaimer 
under which the State shall assume all respon-
sibility with respect to the project for any costs 
or damages resulting from any action or inac-
tion on the part of the Community Reclaimer in 
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carrying out the project, except for costs or 
damages resulting from gross negligence or in-
tentional misconduct by the Community Re-
claimer, on behalf of— 
‘‘(i) the Community Reclaimer; and 
‘‘(ii) the owner of the proposed project 
site, 
if such Community Reclaimer or owner, respec-
tively, did not participate in any way in the cre-
ation of site conditions at the proposed project 
site or activities that caused any lands or 
waters to become eligible for reclamation or 
drainage abatement expenditures under section 
404; 
‘‘(F) the State has the necessary legal au-
thority to conduct the project and will obtain all 
legally required authorizations, permits, li-
censes, and other approvals to ensure comple-
tion of the project; 
‘‘(G) the State has sufficient financial re-
sources to ensure completion of the project, in-
cluding any necessary operation and mainte-
nance costs (including costs associated with 
emergency actions covered by a contingency 
plan under paragraph (2)(K)); and 
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‘‘(H) the proposed project is not in a cat-
egory of projects that would require a permit 
under title V. 
‘‘(2) PROJECT
SUBMISSION.—The State shall 
submit a request for approval to the Secretary that 
shall include— 
‘‘(A) a description of the proposed project, 
including any engineering plans that must bear 
the seal of a professional engineer; 
‘‘(B) a description of the proposed project 
site or sites, including, if relevant, the nature 
and extent of pollution resulting from mine 
drainage; 
‘‘(C) identification of the past and current 
owners and operators of the proposed project 
site; 
‘‘(D) the agreement or contract between 
the relevant State and the Community Re-
claimer to carry out the project; 
‘‘(E) a determination that the project will 
facilitate the activities of the State reclamation 
plan under subsection (e); 
‘‘(F) sufficient information to determine 
whether the Community Reclaimer has the 
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technical capability and expertise to successfully 
conduct the proposed project; 
‘‘(G) a cost estimate for the project and 
evidence that the Community Reclaimer has 
sufficient financial resources to ensure the suc-
cessful completion of the proposed project (in-
cluding any operation or maintenance costs); 
‘‘(H) a schedule for completion of the 
project; 
‘‘(I) an agreement between the Community 
Reclaimer and the current owner of the site 
governing access to the site; 
‘‘(J) sufficient information to ensure that 
the Community Reclaimer meets the definition 
under paragraph (3); 
‘‘(K) a contingency plan designed to be 
used in response to unplanned adverse events 
that includes emergency actions, response, and 
notifications; and 
‘‘(L) a requirement that the State provide 
notice to adjacent and downstream landowners 
and the public and hold a public meeting near 
the proposed project site before the project is 
initiated. 
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‘‘(3) COMMUNITY
RECLAIMER
DEFINED.—For 
purposes of this section, the term ‘Community Re-
claimer’ means any person who— 
‘‘(A) seeks to voluntarily assist a State 
with a reclamation project under this section; 
‘‘(B) did not participate in any way in the 
creation of site conditions at the proposed 
project site or activities that caused any lands 
or waters to become eligible for reclamation or 
drainage abatement expenditures under section 
404; 
‘‘(C) is not a past or current owner or op-
erator of any site with ongoing reclamation obli-
gations; and 
‘‘(D) is not subject to outstanding viola-
tions listed pursuant to section 510(c).’’. 
SEC. 84603. CLARIFYING STATE LIABILITY FOR MINE 
DRAINAGE PROJECTS. 
Section 413(d) (30 U.S.C. 1242(d)) is amended in 
the second sentence by inserting ‘‘unless such control or 
treatment will be conducted in accordance with a State 
memorandum of understanding approved under section 
405(m) of this Act’’ after ‘‘Control Act’’ the second place 
it appears. 
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SEC. 84604. CONFORMING AMENDMENTS. 
Section 405(f) (30 U.S.C. 1235(f)) is amended— 
(1) by striking the ‘‘and’’ after the semicolon in 
paragraph (6); 
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and 
(3) by inserting at the end the following: 
‘‘(8) a list of projects proposed under sub-
section (n).’’. 
Subtitle G—Sinkhole Hazard 
Identification 
SEC. 84701. SINKHOLE HAZARD IDENTIFICATION. 
(a) PROGRAM.—The Director of the United States 
Geological Survey shall establish a program to— 
(1) study the short-term and long-term mecha-
nisms that cause sinkholes, including extreme storm 
events, prolonged droughts causing shifts in water 
management practices, aquifer depletion, and other 
major changes in water use; and 
(2) develop maps that depict zones that are at 
greater risk of sinkhole formation. 
(b) REVIEW OF MAPS.—Once during each 5-year pe-
riod, or more often as the Director of the United States 
Geological Survey determines is necessary, the Director 
shall assess the need to revise and update the maps devel-
oped under this section. 
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(c) WEBSITE.—The Director of the United States 
Geological Survey shall establish and maintain a public 
website that displays the maps developed under this sec-
tion and other relevant information critical for use by com-
munity planners and emergency managers. 
TITLE V—LABOR STANDARDS 
SEC. 85101. LABOR STANDARDS. 
Except as otherwise provided in this Act or the 
amendments made by this Act, and in a manner consistent 
with this Act or the amendments made by this Act, all 
laborers and mechanics employed by contractors and sub-
contractors on projects funded directly by or assisted in 
whole or in part by or through the Federal Government 
pursuant to any provision of this division (or an amend-
ment made by such a provision) shall be paid wages at 
rates not less than those prevailing on projects of a char-
acter similar in the locality as determined by the Secretary 
of Labor in accordance with subchapter IV of chapter 31 
of title 40, United States Code, and with respect to the 
labor standards specified in this section the Secretary of 
Labor shall have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 Stat. 
1267; 5 U.S.C. App.) and section 3145 of title 40, United 
States Code. 
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DIVISION M—REVENUE 
PROVISIONS 
SEC. 90001. SHORT TITLE; ETC. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Renewable Energy, Efficiency, and Infrastructure Tax 
Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this division is as follows: 
DIVISION M—REVENUE PROVISIONS 
Sec. 90001. Short title; etc. 
TITLE I—INFRASTRUCTURE FINANCING 
Subtitle A—Bond Financing Enhancements 
Sec. 90101. Credit to issuer for certain infrastructure bonds. 
Sec. 90102. Advance refunding bonds. 
Sec. 90103. Permanent modification of small issuer exception to tax-exempt in-
terest expense allocation rules for financial institutions. 
Sec. 90104. Volume cap on private activity bonds. 
Sec. 90105. Modifications to qualified small issue bonds. 
Sec. 90106. Expansion of certain exceptions to the private activity bond rules 
for first-time farmers. 
Sec. 90107. Exempt facility bonds for zero-emission vehicle infrastructure. 
Sec. 90108. Certain water and sewage facility bonds exempt from volume cap 
on private activity bonds. 
Sec. 90109. Qualified highway or surface freight transfer facility bonds. 
Sec. 90110. Application of Davis-Bacon Act requirements with respect to cer-
tain exempt facility bonds. 
Subtitle B—School Infrastructure Bonds 
Sec. 90111. Restoration of certain qualified tax credit bonds. 
Sec. 90112. School infrastructure bonds. 
Sec. 90113. Annual report on bond program. 
Sec. 90114. Examining loan modifications to the HBCU Capital Financing 
Program. 
Subtitle C—Other Provisions Related to Infrastructure Financing 
Sec. 90121. Credit for operations and maintenance costs of government-owned 
broadband. 
Sec. 90122. Treatment of financial guaranty insurance companies as qualifying 
insurance corporations under passive foreign investment com-
pany rules. 
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Sec. 90123. Infrastructure grants to improve child care safety. 
TITLE II—NEW MARKETS TAX CREDIT 
Sec. 90201. Improvement and permanent extension of new markets tax credit. 
TITLE III—REHABILITATION TAX CREDIT 
Sec. 90301. Increase in rehabilitation credit. 
Sec. 90302. Increase in the rehabilitation credit for certain small projects. 
Sec. 90303. Modification of definition of substantially rehabilitated. 
Sec. 90304. Temporary extension of period for completing rehabilitation. 
Sec. 90305. Elimination of rehabilitation credit basis adjustment. 
Sec. 90306. Modifications regarding certain tax-exempt use property. 
Sec. 90307. Qualification of rehabilitation expenditures for public school build-
ings for rehabilitation credit. 
TITLE IV—GREEN ENERGY 
Sec. 90400. Short title. 
Subtitle A—Renewable Electricity and Reducing Carbon Emissions 
Sec. 90401. Extension of credit for electricity produced from certain renewable 
resources. 
Sec. 90402. Extension and modification of energy credit. 
Sec. 90403. Extension of credit for carbon oxide sequestration. 
Sec. 90404. Elective payment for energy property and electricity produced from 
certain renewable resources, etc. 
Sec. 90405. Extension of energy credit for offshore wind facilities. 
Sec. 90406. Green energy publicly traded partnerships. 
Subtitle B—Renewable Fuels 
Sec. 90411. Biodiesel and renewable diesel. 
Sec. 90412. Extension of excise tax credits relating to alternative fuels. 
Sec. 90413. Extension of second generation biofuel incentives. 
Subtitle C—Green Energy and Efficiency Incentives for Individuals 
Sec. 90421. Extension, increase, and modifications of nonbusiness energy prop-
erty credit. 
Sec. 90422. Residential energy efficient property. 
Sec. 90423. Energy efficient commercial buildings deduction. 
Sec. 90424. Extension, increase, and modifications of new energy efficient 
home credit. 
Sec. 90425. Modifications to income exclusion for conservation subsidies. 
Subtitle D—Greening the Fleet and Alternative Vehicles 
Sec. 90431. Modification of limitations on new qualified plug-in electric drive 
motor vehicle credit. 
Sec. 90432. Credit for previously-owned qualified plug-in electric drive motor 
vehicles. 
Sec. 90433. Credit for zero-emission heavy vehicles and zero-emission buses. 
Sec. 90434. Qualified fuel cell motor vehicles. 
Sec. 90435. Alternative fuel refueling property credit. 
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Sec. 90436. Modification of employer-provided fringe benefits for bicycle com-
muting. 
Subtitle E—Investment in the Green Workforce 
Sec. 90441. Extension of the advanced energy project credit. 
Sec. 90442. Labor costs of installing mechanical insulation property. 
Sec. 90443. Labor standards for certain energy jobs. 
Subtitle F—Environmental Justice 
Sec. 90451. Qualified environmental justice program credit. 
Subtitle G—Treasury Report on Data From the Greenhouse Gas Reporting 
Program 
Sec. 90461. Report on Greenhouse Gas Reporting Program. 
TITLE V—DISASTER AND RESILIENCY 
Sec. 90501. Exclusion of amounts received from state-based catastrophe loss 
mitigation programs. 
Sec. 90502. Repeal of temporary limitation on personal casualty losses. 
TITLE VI—HOUSING 
Subtitle A—Low-Income Housing Tax Credit Improvements 
Sec. 90601. Extension of period for rehabilitation expenditures. 
Sec. 90602. Extension of basis expenditure deadline. 
Sec. 90603. Tax-exempt bond financing requirement. 
Sec. 90604. Minimum credit rate. 
Sec. 90605. Increases in State allocations. 
Sec. 90606. Increase in credit for certain projects designated to serve extremely 
low-income households. 
Sec. 90607. Inclusion of Indian areas as difficult development areas for pur-
poses of certain buildings. 
Sec. 90608. Inclusion of rural areas as difficult development areas. 
Sec. 90609. Increase in credit for bond-financed projects designated by housing 
credit agency. 
Sec. 90610. Repeal of qualified contract option. 
Sec. 90611. Prohibition of local approval and contribution requirements. 
Sec. 90612. Adjustment of credit to provide relief during COVID–19 outbreak. 
Sec. 90613. Credit for low-income housing supportive services. 
Subtitle B—Neighborhood Homes Credit 
Sec. 90621. Neighborhood homes credit. 
TITLE VII—TRIBAL DEVELOPMENT 
Sec. 90701. Treatment of Indian Tribes as States with respect to bond 
issuance. 
Sec. 90702. Treatment of Tribal foundations and charities like charities funded 
and controlled by other governmental funders and sponsors. 
Sec. 90703. New markets tax credit. 
TITLE VIII—HIGHWAY TRUST FUND AND RELATED TAXES 
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Sec. 90801. Extension of Highway Trust Fund expenditure authority. 
Sec. 90802. Extension of highway-related taxes. 
Sec. 90803. Additional transfers to Highway Trust Fund. 
(c) AMENDMENT OF 1986 CODE.—Except as other-
wise expressly provided, whenever in this division an 
amendment or repeal is expressed in terms of an amend-
ment to, or repeal of, a section or other provision, the ref-
erence shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986. 
TITLE I—INFRASTRUCTURE 
FINANCING 
Subtitle A—Bond Financing 
Enhancements 
SEC. 90101. CREDIT TO ISSUER FOR CERTAIN INFRASTRUC-
TURE BONDS. 
(a) IN GENERAL.—Subchapter B of chapter 65 is 
amended by adding at the end the following new section: 
‘‘SEC. 6431A. CREDIT ALLOWED TO ISSUER FOR QUALIFIED 
INFRASTRUCTURE BONDS. 
‘‘(a) IN GENERAL.—In the case of a qualified infra-
structure bond, the issuer of such bond shall be allowed 
a credit with respect to each interest payment under such 
bond which shall be payable by the Secretary as provided 
in subsection (b). 
‘‘(b) PAYMENT OF CREDIT.— 
‘‘(1) IN
GENERAL.—The Secretary shall pay 
(contemporaneously with each date on which interest 
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is so payable) to the issuer of such bond (or to any 
person who makes such interest payments on behalf 
of such issuer) an amount equal to the applicable 
percentage of such interest so payable. 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of this subsection, except as provided in subsection 
(d), the applicable percentage with respect to any 
bond shall be determined under the following table: 
‘‘In the case of a bond issued 
during calendar year: 
The applicable percentage is: 
2020 through 2024 ......................................................................
42% 
2025 .............................................................................................
38% 
2026 .............................................................................................
34% 
2027 and thereafter .....................................................................
30% 
‘‘(3) LIMITATION.— 
‘‘(A) IN GENERAL.—The amount of any 
interest payment taken into account under 
paragraph (1) with respect to a bond for any 
payment date shall not exceed the amount of 
interest which would have been payable under 
such bond on such date if such interest were 
determined at the rate which the Secretary esti-
mates will permit the issuance of qualified in-
frastructure bonds with a specified maturity or 
redemption date without discount and without 
additional interest cost. 
‘‘(B) DATE
OF
RATE
DETERMINATION 
WITH RESPECT TO BOND.—Such rate with re-
spect to any qualified infrastructure bond shall 
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for credit or refund (at such time and in such 
manner as the Secretary shall provide), and 
‘‘(B) in any other case, the later of the due 
date of the return of tax for the taxable year 
or the date on which such return is filed. 
‘‘(5) WAIVER OF SPECIAL RULES.—In the case 
of an election under this section, the determination 
of any applicable credit shall be without regard to 
paragraphs (3) and (4)(A)(i) of section 50(b). 
‘‘(c) EXCLUSION FROM GROSS INCOME.—Gross in-
come of the taxpayer shall be determined without regard 
to this section. 
‘‘(d) DENIAL OF DOUBLE BENEFIT.—Solely for pur-
poses of section 38, in the case of a taxpayer making an 
election under this section, the energy credit determined 
under section 45 or the renewable electricity production 
credit determined under section 48 shall be reduced by 
the amount of the portion of such credit with respect to 
which the taxpayer makes such election.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter B of chapter 65 is amended by adding at 
the end the following new item: 
‘‘Sec. 6431. Elective payment for energy property and electricity produced from 
certain renewable resources, etc.’’. 
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spect to components described in clause (i) 
for such taxable year, and 
‘‘(C) for components described in sub-
section (c)(3)(C) by any taxpayer for any tax-
able year, the credit allowed under this section 
with respect to such amounts for such year 
shall not exceed the lesser of— 
‘‘(i) the excess (if any) of $500 over 
the aggregate credits allowed under this 
section with respect to such amounts for 
all prior taxable years ending after Decem-
ber 31, 2020, or 
‘‘(ii) $250 for each exterior door. 
‘‘(3) LIMITATION
ON
RESIDENTIAL
ENERGY 
PROPERTY
EXPENDITURES.—The credit allowed 
under this section by reason of subsection (a)(2) 
shall not, with respect to an item of property, ex-
ceed— 
‘‘(A) in the case of property described in 
subparagraph (A), (B), or (C) of subsection 
(d)(3), $600, 
‘‘(B) for the case of property described in 
subparagraph (D) of subsection (d)(3), $400, 
‘‘(C) in the case of a hot water boiler, 
$600, and 
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(1) IN GENERAL.—Section 25D(h) is amended 
by striking ‘‘December 31, 2021’’ and inserting 
‘‘December 31, 2027’’. 
(2) 
APPLICATION
OF
PHASEOUT.—Section 
25D(g) is amended— 
(A) in paragraph (1), by striking ‘‘January 
1, 2020’’ and inserting ‘‘January 1, 2026’’, 
(B) in paragraph (2)— 
(i) by striking ‘‘December 31, 2019’’ 
and inserting ‘‘December 31, 2025’’, and 
(ii) by striking ‘‘January 1, 2021’’ 
and inserting ‘‘January 1, 2027’’, and 
(C) in paragraph (3)— 
(i) by striking ‘‘December 31, 2020’’ 
and inserting ‘‘December 31, 2026’’, and 
(ii) by striking ‘‘January 1, 2022’’ 
and inserting ‘‘January 1, 2028’’. 
(b) QUALIFIED BIOMASS FUEL PROPERTY EXPENDI-
TURES; RESIDENTIAL ENERGY EFFICIENT PROPERTY 
CREDIT FOR BATTERY STORAGE TECHNOLOGY.— 
(1) IN GENERAL.—Section 25D(a) is amended 
by striking ‘‘and’’ at the end of paragraph (4) and 
by inserting after paragraph (5) the following new 
paragraphs: 
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subsequent to the first date on which the number of 
new qualified plug-in electric drive motor vehicles 
manufactured by the manufacturer of the vehicle re-
ferred to in paragraph (1) sold for use in the United 
States after December 31, 2009, is at least 200,000. 
‘‘(3) PHASEOUT PERIOD.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection, the phaseout period is the period be-
ginning with the second calendar quarter fol-
lowing the calendar quarter which includes the 
first date on which the number of new qualified 
plug-in electric drive motor vehicles manufac-
tured by the manufacturer of the vehicle re-
ferred to in paragraph (1) sold for use in the 
United States after December 31, 2009, is at 
least 600,000. 
‘‘(B) 
APPLICABLE
PERCENTAGE.—For 
purposes of paragraph (1)(B), the applicable 
percentage is— 
‘‘(i) 50 percent for the first calendar 
quarter of the phaseout period, and 
‘‘(ii) 0 percent for each calendar quar-
ter thereafter. 
‘‘(C) EXCLUSION OF SALE OF CERTAIN VE-
HICLES.— 
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(1) by striking ‘‘October 1, 2020’’ in sub-
sections (b)(6)(B), (c)(1), and (e)(3) and inserting 
‘‘October 1, 2025’’, and 
(2) by striking ‘‘FAST Act’’ in subsections 
(c)(1) and (e)(3) and inserting ‘‘Moving Forward 
Act’’. 
(b) SPORT FISH RESTORATION AND BOATING TRUST 
FUND.—Section 9504 is amended— 
(1) by striking ‘‘FAST Act’’ each place it ap-
pears in subsection (b)(2) and inserting ‘‘Moving 
Forward Act’’, and 
(2) by striking ‘‘October 1, 2020’’ in subsection 
(d)(2) and inserting ‘‘October 1, 2025’’. 
(c) LEAKING UNDERGROUND STORAGE TANK TRUST 
FUND.—Section 9508(e)(2) is amended by striking ‘‘Octo-
ber 1, 2020’’ and inserting ‘‘October 1, 2025’’. 
SEC. 90802. EXTENSION OF HIGHWAY-RELATED TAXES. 
(a) IN GENERAL.— 
(1) Each of the following provisions of the In-
ternal Revenue Code of 1986 is amended by striking 
‘‘September 30, 2022’’ and inserting ‘‘September 
30, 2027’’: 
(A) Section 4041(a)(1)(C)(iii)(I). 
(B) Section 4041(m)(1)(B). 
(C) Section 4081(d)(1). 
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(2) Each of the following provisions of the In-
ternal Revenue Code of 1986 is amended by striking 
‘‘October 1, 2022’’ and inserting ‘‘October 1, 2027’’: 
(A) Section 4041(m)(1)(A). 
(B) Section 4051(c). 
(C) Section 4071(d). 
(D) Section 4081(d)(3). 
(b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN 
HEAVY VEHICLES.—Each of the following provisions of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘2023’’ each place it appears and inserting ‘‘2028’’: 
(1) Section 4481(f). 
(2) Subsections (c)(4) and (d) of section 4482. 
(c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 
is amended— 
(1) by striking ‘‘October 1, 2022’’ each place it 
appears and inserting ‘‘October 1, 2027’’, 
(2) by striking ‘‘March 31, 2023’’ each place it 
appears and inserting ‘‘March 31, 2028’’, and 
(3) by striking ‘‘January 1, 2023’’ and insert-
ing ‘‘January 1, 2028’’. 
(d) EXTENSION OF CERTAIN EXEMPTIONS.— 
(1) Section 4221(a) is amended by striking 
‘‘October 1, 2022’’ and inserting ‘‘October 1, 2027’’. 
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