2339 
(i) but may be colonized or recolo-
nized by the species naturally; or 
(ii) to which the species may be re-
introduced or restored based on habitat 
changes; and 
(3) is fragmented or consists of only a portion 
of the habitat required for the connectivity needs of 
one or more native species. 
(d) NOMINATION FOR DESIGNATION.— 
(1) IN GENERAL.—In establishing the process 
for designation under subsection (a)(1), the Sec-
retary shall include procedures under which— 
(A) any State, Tribal, or local government, 
or a nongovernmental organization engaged in 
the conservation of native species and the im-
provement of the habitats of native species, may 
submit to the Secretaries a nomination to des-
ignate as a National Wildlife Corridor an area 
under the respective jurisdiction of the Secre-
taries; and 
(B) the Secretaries shall consider and, not 
later than 1 year after the date on which the 
nomination was submitted under subparagraph 
(A), respond to any nomination submitted 
under that subparagraph.
2340 
(2) SUPPORTING DOCUMENTATION.—A nomina-
tion for designation under paragraph (1)(A) shall in-
clude supporting documentation, including— 
(A) the native species for which the Na-
tional Wildlife Corridor would be designated; 
(B) summaries and references of, with re-
spect to the designation of a National Wildlife 
Corridor— 
(i) the best science available at the 
time of the submission of the nomination 
for designation documenting why the cor-
ridor is needed; and 
(ii) the most current scientific reports 
available at the time of the submission of 
the nomination for designation; 
(C) information with respect to how the 
nomination was coordinated with potential part-
ners; 
(D) a description of supporting stake-
holders, such as States, Indian Tribes, local 
governments, 
scientific 
organizations, 
non-
governmental organizations, and affected vol-
untary private landowners; and 
(E) any additional information the Secre-
taries, in consultation with the National Coordi-
2341 
nation Committee, determine is relevant to the 
nomination. 
(e) DESIGNATION ON MILITARY LAND.— 
(1) IN GENERAL.—Any designation of a Na-
tional Wildlife Corridor on a military installation— 
(A) shall be consistent with the use of mili-
tary installations and State-owned National 
Guard installations to ensure the preparedness 
of the Armed Forces; and 
(B) may not result in a net loss in the ca-
pability of military installation lands to support 
the military mission of the installation. 
(2) SUSPENSION OR TERMINATION OF DESIGNA-
TION.—The Secretary of Defense may suspend or 
terminate the designation of any National Wildlife 
Corridor on a military installation if the Secretary of 
Defense considers the suspension or termination to 
be necessary for military purposes, after public no-
tice of the suspension or termination. 
SEC. 83213. MANAGEMENT OF NATIONAL WILDLIFE COR-
RIDORS. 
(a) IN GENERAL.—The Secretaries shall, consistent 
with other applicable Federal land and water management 
requirements, laws, and regulations, manage each Na-
tional Wildlife Corridor under the respective administra-
2342 
tive jurisdiction of the Secretaries in a manner that con-
tributes to the long-term connectivity, persistence, resil-
ience, and adaptability of native species for which the Na-
tional Wildlife Corridor is identified, including through— 
(1) the maintenance and improvement of habi-
tat connectivity within the National Wildlife Cor-
ridor; 
(2) the implementation of strategies and activi-
ties that enhance the ability of native species to re-
spond to climate change and other environmental 
factors; 
(3) the maintenance or restoration of the integ-
rity and functionality of the National Wildlife Cor-
ridor; 
(4) the mitigation or removal of human infra-
structure that obstructs the natural movement of 
native species; and 
(5) the use of existing conservation programs, 
including Tribal Wildlife Corridors, under the re-
spective jurisdiction of the Secretaries to contribute 
to the connectivity, persistence, resilience, and 
adaptability of native species. 
(b) NATIONAL WILDLIFE CORRIDORS SPANNING 
MULTIPLE JURISDICTIONS.—In the case of a National 
Wildlife Corridor that spans the administrative jurisdic-
2343 
tion of two or more of the Secretaries, the relevant Secre-
taries shall coordinate management of the National Wild-
life Corridor in accordance with section 83311(b) to ad-
vance the purposes described in section 83211(b). 
(c) ROAD MITIGATION.—In the case of a National 
Wildlife Corridor that intersects, adjoins, or crosses a new 
or existing State, Tribal, or local road or highway, the rel-
evant Secretaries shall coordinate with the Secretary of 
Transportation and State, Tribal, and local transportation 
agencies, as appropriate, to identify and implement vol-
untary environmental mitigation measures— 
(1) to improve public safety and reduce vehicle 
caused native species mortality while maintaining 
habitat connectivity; and 
(2) to mitigate damage to the natural move-
ments of native species through strategies such as— 
(A) the construction, maintenance, or re-
placement of native species underpasses, over-
passes, and culverts; and 
(B) the maintenance, replacement, or re-
moval of dams, bridges, culverts, and other 
hydrological obstructions. 
(d) COMPATIBLE USES.—A use of Federal land or 
water that was authorized before the date on which the 
Federal land or water is designated as a National Wildlife
2344 
Corridor may continue if the applicable Secretaries deter-
mine that the use is compatible with the wildlife move-
ments of the species for which the National Wildlife Cor-
ridor was designated, consistent with applicable Federal 
laws and regulations. 
CHAPTER 2—WILDLIFE CORRIDORS 
CONSERVATION 
Subchapter A—National Wildlife Corridor 
System on Federal Land and Water 
SEC. 83311. COLLABORATION AND COORDINATION. 
(a) COLLABORATION.—The Secretaries may partner 
with and provide funds to States, local governments, In-
dian Tribes, the National Coordination Committee, vol-
untary private landowners, and the regional wildlife move-
ment councils to support the purposes described in section 
83211(b). 
(b) COORDINATION.—To the maximum extent prac-
ticable and consistent with applicable law, the Secretary 
or Secretaries, as applicable, shall develop the strategy 
under section 83211(b), designate National Wildlife Cor-
ridors under section 83212, and manage National Wildlife 
Corridors under section 83213— 
(1) in consultation and coordination with— 
(A) other relevant Federal agencies; 
(B) States, including—
2345 
(i) State fish and wildlife agencies; 
and 
(ii) other State agencies responsible 
for managing the natural resources and 
wildlife; 
(C) Indian Tribes; 
(D) units of local government; 
(E) other interested stakeholders identified 
by the Secretary, including applicable voluntary 
private landowners; 
(F) landscape- and seascape-scale partner-
ships, including— 
(i) the National Fish Habitat Part-
nership; 
(ii) the National Marine Fisheries 
Service; 
(iii) 
regional 
fishery 
management 
councils established under section 302(a) 
of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 
1852(a)); 
(iv) relevant regional ocean partner-
ships; 
(v) the Climate Science Centers of the 
Department of the Interior; and
2346 
(vi) the Landscape Conservation Co-
operative Network; 
(G) the National Coordination Committee; 
and 
(H) the regional wildlife movement coun-
cils. 
SEC. 83312. EFFECT. 
(a) RELATIONSHIP
TO
OTHER
CONSERVATION 
LAWS.—Nothing in this chapter amends or otherwise af-
fects any other law (including regulations) relating to the 
conservation of native species. 
(b) 
JURISDICTION
OF
STATES
AND
INDIAN 
TRIBES.—Nothing in this chapter or an amendment made 
by this chapter affects the jurisdiction of a State or an 
Indian Tribe with respect to fish and wildlife management, 
including the regulation of hunting, fishing, and trapping, 
in a National Wildlife Corridor or a Tribal Wildlife Cor-
ridor. 
Subchapter B—Tribal Wildlife Corridors 
SEC. 83321. TRIBAL WILDLIFE CORRIDORS. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.— 
(A) NOMINATIONS.—An Indian Tribe may 
nominate a corridor within Indian land of the 
Indian Tribe as a Tribal Wildlife Corridor by
2347 
submitting to the Secretary, in consultation 
with the Director of the Bureau of Indian Af-
fairs (referred to in this section as the ‘‘Sec-
retary’’), an application at such time, in such 
manner, and containing such information as the 
Secretary may require. 
(B) DETERMINATION.—Not later than 90 
days after the date on which the Secretary re-
ceives an application under subparagraph (A), 
the Secretary shall determine whether the nomi-
nated Tribal Wildlife Corridor described in the 
application meets the criteria established under 
paragraph (2). 
(C) PUBLICATION.—On approval of an ap-
plication under subparagraph (B), the Sec-
retary shall publish in the Federal Register a 
notice of the establishment of the Tribal Wild-
life Corridor, which shall include a map and 
legal description of the land designated as a 
Tribal Wildlife Corridor. 
(2) CRITERIA.— 
(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this Act, 
the Secretary shall establish criteria for deter-
mining whether a corridor nominated by an In-
2348 
dian Tribe under paragraph (1)(A) qualifies as 
a Tribal Wildlife Corridor. 
(B) INCLUSIONS.—The criteria established 
under subparagraph (A) shall include, at a min-
imum, the following: 
(i) The restoration of historical habi-
tat 
for 
the 
purposes 
of 
facilitating 
connectivity. 
(ii) The management of land for the 
purposes of facilitating connectivity. 
(iii) The management of land to pre-
vent the imposition of barriers that may 
hinder current or future connectivity. 
(3) REMOVAL.— 
(A) IN GENERAL.—An Indian Tribe may 
elect to remove the designation of a Tribal 
Wildlife Corridor on the Indian land of the In-
dian Tribe by notifying the Secretary. 
(B) EFFECT
OF
REMOVAL.—An Indian 
Tribe that elects to remove a designation under 
subparagraph (A) may not receive assistance 
under subsection (c) or (d)(1) or section 83331. 
(b) COORDINATION OF LAND USE PLANS.—Section 
202 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1712) is amended—
2349 
(1) in subsection (b)— 
(A) by striking ‘‘Indian tribes by’’ and in-
serting the following: ‘‘Indian tribes— 
‘‘(1) by’’; 
(B) in paragraph (1) (as so designated), by 
striking the period at the end and inserting ‘‘; 
and’’; and 
(C) by adding at the end the following: 
‘‘(2) for the purposes of determining whether 
the land use plans for land in the National Forest 
System would provide additional connectivity to ben-
efit the purposes of a Tribal Wildlife Corridor estab-
lished under section 83321(a)(1) of the Wildlife Cor-
ridors Conservation Act of 2020.’’; and 
(2) by adding at the end the following: 
‘‘(g) TRIBAL WILDLIFE CORRIDORS.—On the estab-
lishment of a Tribal Wildlife Corridor under section 
83321(a)(1) of the Wildlife Corridors Conservation Act of 
2020, the Secretary shall conduct a meaningful consulta-
tion with the Indian tribe that administers the Tribal 
Wildlife Corridor to determine whether, through the revi-
sion of one or more existing land use plans, the Tribal 
Wildlife Corridor can— 
‘‘(1) be expanded into public lands; or
2350 
‘‘(2) otherwise benefit connectivity (as defined 
in section 83201 of that Act) between public lands 
and the Tribal Wildlife Corridor.’’. 
(c) TECHNICAL ASSISTANCE.—The Secretary shall 
provide to Indian Tribes technical assistance relating to 
the establishment, management, and expansion of a Tribal 
Wildlife Corridor, including assistance with accessing wild-
life data and working with voluntary private landowners 
to access Federal and State programs to improve wildlife 
habitat and connectivity on non-Federal land. 
(d) AVAILABILITY OF ASSISTANCE.—An Indian Tribe 
that has a Tribal Wildlife Corridor established on the In-
dian land of the Indian Tribe shall be eligible for a grant 
under the wildlife movements grant program under section 
83331, subject to other applicable requirements of that 
grant program. 
(e) SAVINGS CLAUSE.—Nothing in this section au-
thorizes or affects the use of private property or Indian 
land. 
SEC. 83322. PROTECTION OF INDIAN TRIBES. 
(a) FEDERAL TRUST RESPONSIBILITY.—Nothing in 
this chapter amends, alters, or waives the Federal trust 
responsibility to Indian Tribes. 
(b) FREEDOM OF INFORMATION ACT.—
2351 
(1) EXEMPTION.—Information described in 
paragraph (2) shall not be subject to disclosure 
under section 552 of title 5, United States Code 
(commonly known as the ‘‘Freedom of Information 
Act’’), if the head of the agency that receives the in-
formation, in consultation with the Secretary and 
the affected Indian Tribe, determines that disclosure 
may— 
(A) cause a significant invasion of privacy; 
(B) risk harm to human remains or re-
sources, cultural items, uses, or activities; or 
(C) impede the use of a traditional reli-
gious site by practitioners. 
(2) INFORMATION
DESCRIBED.—Information 
referred to in paragraph (1) is information received 
by a Federal agency— 
(A) pursuant to this chapter relating to— 
(i) the location, character, or owner-
ship of human remains of a person of In-
dian ancestry; or 
(ii) resources, cultural items, uses, or 
activities identified by an Indian Tribe as 
traditional or cultural because of the long- 
established significance or ceremonial na-
ture to the Indian Tribe; or
2352 
(B) pursuant to the Native American 
Graves Protection and Repatriation Act (25 
U.S.C. 3001 et seq.). 
Subchapter C—Wildlife Movement Grant 
Program on Non-Federal Land and Water 
SEC. 83331. WILDLIFE MOVEMENTS GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a 
wildlife movements grant program (referred to in this sec-
tion as the ‘‘grant program’’) to encourage wildlife move-
ment in accordance with this subsection. 
(b) GRANTS.—Beginning not later than 2 years after 
the date of enactment of this Act, the Secretary, based 
on recommendations from the National Coordination 
Committee under section 83332(e)(2)(C), shall make 
grants to one or more projects that— 
(1) are a regional priority project identified by 
a regional wildlife movement council; 
(2) satisfy the purposes described in section 
83211(b); and 
(3) increase connectivity for native species. 
(c) ELIGIBLE RECIPIENTS.—A person that is eligible 
to receive a grant under the grant program is— 
(1) a voluntary private landowner or group of 
landowners;
2353 
(2) a State fish and wildlife agency or other 
State agency responsible for managing natural re-
sources and wildlife; 
(3) an Indian Tribe; 
(4) a unit of local government; 
(5) an agricultural cooperative; 
(6) water, irrigation, or rural water districts or 
associations, or other organizations with water deliv-
ery authority (including acequias and land grant 
communities in the State of New Mexico); 
(7) institutions of higher education; 
(8) an entity approved for a grant by a regional 
wildlife movement council; and 
(9) any group of entities described in para-
graphs (1) through (8). 
(d) REQUIREMENTS.—In administering the grant 
program, the Secretary shall use the criteria, guidelines, 
contracts, reporting requirements, and evaluation metrics 
developed by the National Coordination Committee under 
subparagraphs (A) and (B) of section 83332(e)(2). 
SEC. 83332. NATIONAL COORDINATION COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 18 months 
after the date of enactment of this Act, the Secretary shall 
establish a committee, to be known as the ‘‘National Co-
ordination Committee’’.
2354 
(b) ADMINISTRATIVE SUPPORT.—The Secretary shall 
provide administrative support for the National Coordina-
tion Committee. 
(c) MEMBERSHIP.—The National Coordination Com-
mittee shall be composed of— 
(1) the Secretary (or a designee); 
(2) the Secretary of Transportation (or a des-
ignee); 
(3) the Secretary of Agriculture (or a designee); 
(4) the Secretary of Commerce (or a designee); 
(5) the Secretary of Defense (or a designee); 
(6) the Director of the Bureau of Indian Affairs 
(or a designee); 
(7) the Executive Director of the Association of 
Fish and Wildlife Agencies (or a designee); 
(8) two representatives of intertribal organiza-
tions, to be appointed by the Secretary; 
(9) the chairperson of each regional wildlife 
movement council (or a designee); and 
(10) not more than three representatives of 
nongovernmental, science, or academic organizations 
with expertise in wildlife conservation and habitat 
connectivity, to be appointed by the Secretary in a 
manner that ensures that the membership of the
2355 
National Coordination Committee is fair and bal-
anced. 
(d) CHAIRPERSON.—The National Coordination 
Committee shall select a Chairperson and Vice Chair-
person from among the members of the National Coordi-
nation Committee. 
(e) DUTIES.—The National Coordination Com-
mittee— 
(1) shall establish standards for regional wild-
life movement plans to allow for better cross-regional 
collaboration; and 
(2) shall, with respect to the wildlife movements 
grant program under section 83331— 
(A) establish criteria and develop guide-
lines for the solicitation of applications for 
grants by regional wildlife movement councils; 
(B) develop standardized contracts, report-
ing requirements, and evaluation metrics for 
grant recipients; and 
(C) make recommendations annually to the 
Secretary for the selection of grant recipients 
on the basis of the ranked lists of regional pri-
ority projects received from the regional wildlife 
movement councils under section 83333(c)(4)
2356 
that are consistent with the purposes described 
in section 83211(b). 
(f) APPLICABILITY OF FACA.—Except as otherwise 
provided in this section, the Federal Advisory Committee 
Act (5 U.S.C. App.) shall apply to the National Coordina-
tion Committee. 
SEC. 83333. REGIONAL WILDLIFE MOVEMENT COUNCILS. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall es-
tablish not less than 4 regional wildlife movement councils 
with separate geographic jurisdictions that encompass the 
entire United States. 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—Each regional wildlife move-
ment council shall be composed of— 
(A) the director of each State fish and 
wildlife agency within the jurisdiction of the re-
gional wildlife movement council (or a des-
ignee); 
(B) balanced representation from Tribal 
governments within the jurisdiction of the re-
gional wildlife movement council; 
(C) to serve as a Federal agency liaison 
and nonvoting, ex officio member—
2357 
(i) the Director of the United States 
Fish and Wildlife Service (or a designee); 
or 
(ii) the director of any applicable re-
gional office of the United States Fish and 
Wildlife Service (or a designee); 
(D) not more than three representatives of 
nongovernmental, science, or academic organi-
zations with expertise in native species con-
servation and the habitat connectivity needs of 
the region covered by the regional wildlife move-
ment council; and 
(E) not more than three voluntary rep-
resentatives of private landowners with property 
in the applicable region, not less than one of 
whom shall be a farmer or rancher. 
(2) REQUIREMENTS.— 
(A) MEMBERSHIP.—The Secretary shall 
ensure that the membership of each regional 
wildlife movement council is fair and balanced 
in terms of expertise and perspectives rep-
resented. 
(B) EXPERTISE.—Each regional wildlife 
movement council shall include experts in eco-
2358 
logical connectivity, native species ecology, and 
ecological adaptation. 
(3) 
CHAIRPERSON.—Each 
regional 
wildlife 
movement council shall select a Chairperson from 
among the members of the regional wildlife move-
ment council. 
(c) DUTIES.—Each regional wildlife movement coun-
cil shall— 
(1) not later than 2 years after the date of es-
tablishment of the regional wildlife movement coun-
cil and in accordance with any standards established 
by the National Coordination Committee, prepare 
and submit to the Secretary and the National Co-
ordination Committee a regional wildlife movement 
plan that maintains natural wildlife movement by 
identifying research priorities and data needs for the 
Database that is revised, amended, or updated not 
less frequently than once every 5 years; 
(2) provide for public engagement, including en-
gagement of Indian Tribes, at appropriate times and 
in appropriate locations in the region covered by the 
regional wildlife movement council, to allow all inter-
ested persons an opportunity to be heard in the de-
velopment and implementation of a regional wildlife 
movement plan under paragraph (1);
2359 
(3) solicit applications for wildlife movement 
grants under section 83331 in accordance with the 
criteria and guidelines established by the National 
Coordination Council under section 83332(e)(2)(A); 
(4) in accordance with the criteria and guide-
lines established under section 83332(e)(2)(A), sub-
mit to the National Coordination Committee an an-
nual list of regional priority projects, in ranked 
order, for wildlife movements grants under section 
83331 to maintain wildlife movements in the area 
under the jurisdiction of the regional wildlife move-
ment council; and 
(5) submit to the Secretary and the National 
Coordination Committee, and make publicly avail-
able, an annual report describing the activities of the 
regional wildlife movement council. 
(d) COORDINATION.—If applicable, to increase habi-
tat connectivity between designated Federal land and 
water and non-Federal land and water, a regional wildlife 
movement council shall coordinate with— 
(1) Federal agencies; 
(2) Indian Tribes; 
(3) regional fishery management councils estab-
lished under section 302(a) of the Magnuson-Stevens
2360 
Fishery Conservation and Management Act (16 
U.S.C. 1852(a)); 
(4) migratory bird joint ventures partnerships 
recognized by the United States Fish and Wildlife 
Service with respect to migratory bird species; 
(5) State fish and wildlife agencies; 
(6) regional associations of fish and wildlife 
agencies; 
(7) nongovernmental organizations; 
(8) applicable voluntary private landowners; 
(9) the National Coordination Committee; 
(10) fish habitat partnerships; 
(11) other regional wildlife movement councils 
with respect to crossregional projects; 
(12) international wildlife management entities 
with respect to transboundary species in accordance 
with trade policies of the United States; and 
(13) Federal and State transportation agencies. 
(e) APPLICABILITY OF FACA.—Except as otherwise 
provided in this section, the Federal Advisory Committee 
Act (5 U.S.C. App.) shall apply to the regional wildlife 
movement councils.
2361 
Subchapter D—National Wildlife Corridors 
Database 
SEC. 83341. NATIONAL WILDLIFE CORRIDORS DATABASE. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act, the Director of the 
United States Geological Survey (referred to in this sec-
tion as the ‘‘Director’’), in consultation with the National 
Coordination Committee and the regional wildlife move-
ment councils, shall establish a database, to be known as 
the ‘‘National Wildlife Corridors Database’’. 
(b) CONTENTS.— 
(1) IN GENERAL.—The Database shall— 
(A) include maps, data, models, surveys, 
and descriptions of native species habitats, wild-
life movements, and corridors that have been 
developed by Federal agencies that pertain to 
Federal land and water; 
(B) include maps, models, analyses, and 
descriptions of projected shifts in habitats, wild-
life movements, and corridors of native species 
in response to climate change or other environ-
mental factors; 
(C) reflect the best scientific data and in-
formation available; and
2362 
(D) in accordance with the requirements of 
the Geospatial Data Act of 2018 (Public Law 
115–254), have the data, models, and analyses 
included in the Database available at scales 
useful to State, Tribal, local, and Federal agen-
cy decisionmakers and the public. 
(c) REQUIREMENTS.—Subject to subsection (d), the 
Director, in collaboration with the National Coordination 
Committee, the regional wildlife movement councils, and 
the Administrator of the National Oceanic and Atmos-
pheric Administration, shall— 
(1) design the Database to support State, Trib-
al, local, voluntary private landowner, and Federal 
agency decisionmakers and the public with data that 
will allow those entities— 
(A) to prioritize and target natural re-
source adaptation strategies and enhance exist-
ing State and Tribal corridor protections; 
(B) to assess the impacts of proposed en-
ergy, water, transportation, and transmission 
projects, and other development activities, and 
to avoid, minimize, and mitigate the impacts of 
those projects and activities on National Wild-
life Corridors;
2363 
(C) to assess the impact of new and exist-
ing development on native species habitats and 
National Wildlife Corridors; and 
(D) to develop strategies that promote 
habitat connectivity to allow native species to 
move— 
(i) to meet biological and ecological 
needs; 
(ii) to adjust to shifts in habitat; and 
(iii) to adapt to climate change; 
(2) establish a coordination process among Fed-
eral agencies to update maps and other information 
with respect to landscapes, seascapes, native species 
habitats and ranges, habitat connectivity, National 
Wildlife Corridors, and wildlife movement changes as 
information based on new scientific data becomes 
available; and 
(3) not later than 5 years after the date of en-
actment of this Act, and not less frequently than 
once every 5 years thereafter, develop, submit a re-
port to the Secretary and the appropriate commit-
tees of Congress, and make publicly available a re-
port, that, with respect to the Database— 
(A) outlines the categories for data that 
may be included in the Database;
2364 
(B) outlines the data protocols and stand-
ards for each category of data in the Database; 
(C) identifies gaps in native species habitat 
and National Wildlife Corridor information; 
(D) prioritizes research and future data 
collection activities for use in updating the 
Database; and 
(E) evaluates and quantifies the efficacy of 
the Database to meet the needs of the entities 
described in paragraph (1). 
(d) PROPRIETARY INTERESTS AND PROTECTED IN-
FORMATION.—In developing the Database, the Director 
shall— 
(1) as applicable, protect proprietary interests 
with respect to any licensed information, licensed 
data, and other items contained in the Database; 
and 
(2) protect information in the Database with 
respect to the habitats and ranges of specific native 
species to prevent poaching, illegal taking and trap-
ping, and other related threats to native species. 
CHAPTER 3—FUNDING 
SEC. 83401. WILDLIFE CORRIDORS STEWARDSHIP FUND. 
(a) ESTABLISHMENT AND CONTENTS.—There is es-
tablished in the Treasury a fund, to be known as the
2365 
‘‘Wildlife Corridors Stewardship Fund’’, that consists of 
donations of amounts accepted under subsection (c). 
(b) USE.—The Fund— 
(1) shall be administered by the Secretary and 
the National Fish and Wildlife Foundation, acting 
jointly; and 
(2) may be used by the National Fish and 
Wildlife Foundation to enhance the management 
and protection of National Wildlife Corridors by pro-
viding financial assistance to the Federal Govern-
ment, Indian Tribes, and nongovernmental, science, 
and academic organizations. 
(c) DONATIONS.—The National Fish and Wildlife 
Foundation may solicit and accept donations of amounts 
for deposit into the Fund. 
(d) COORDINATION.—In administering the Fund, the 
Secretary and the National Fish and Wildlife Foundation 
may coordinate with regional wildlife movement councils, 
regional ocean partnerships, and the National Coordina-
tion Committee to the maximum extent practicable. 
(e) DISCLOSURE OF USE.—Not later than 1 year 
after the date of enactment of this Act, and annually 
thereafter, the Secretary and the National Fish and Wild-
life Foundation shall make publicly available a description 
of usage of the Fund during the preceding calendar year.
2366 
SEC. 83402. AUTHORIZATION OF APPROPRIATIONS. 
(a) NATIONAL
WILDLIFE
CORRIDOR
SYSTEM.— 
There are authorized to be appropriated to carry out title 
I for fiscal year 2020 and each fiscal year thereafter— 
(1) to the Secretary, $7,500,000; 
(2) to the Secretary of Agriculture, $3,000,000; 
(3) to the Secretary of Defense, $1,500,000; 
(4) to the Secretary of Commerce, $3,000,000; 
and 
(5) 
to 
the 
Secretary 
of 
Transportation, 
$3,000,000. 
(b) TRIBAL WILDLIFE CORRIDORS.—There is au-
thorized to be appropriated to carry out title II 
$5,000,000 for fiscal year 2020 and each fiscal year there-
after. 
(c) WILDLIFE MOVEMENTS GRANT PROGRAM AND 
REGIONAL WILDLIFE MOVEMENT COUNCILS.— 
(1) WILDLIFE MOVEMENT GRANT PROGRAM.— 
(A) IN GENERAL.—There is authorized to 
be appropriated to the Secretary to carry out 
the wildlife movements grant program under 
section 83331 $50,000,000 for fiscal year 2022 
and each fiscal year thereafter. 
(B) 
REQUIREMENTS.—Amounts 
appro-
priated under subparagraph (A) may be used to 
complement or match other Federal or non-
2367 
Federal funding received by the projects funded 
by those grants. 
(C) 
ADMINISTRATIVE
SUPPORT.—Not 
more than 5 percent of amounts appropriated 
under subparagraph (A) may be used for ad-
ministrative support. 
(2) REGIONAL
WILDLIFE
MOVEMENT
COUN-
CILS.— 
(A) IN GENERAL.—There is authorized to 
be appropriated to the Secretary to provide sup-
port for the regional wildlife movement councils 
to carry out section 83333 $1,000,000 for fiscal 
year 2020 and each fiscal year thereafter. 
(B) EQUAL
DIVISION.—Amounts appro-
priated under subparagraph (A) shall be pro-
portionally divided between each regional wild-
life movement council. 
(d) NATIONAL WILDLIFE CORRIDORS DATABASE.— 
There are authorized to be appropriated to the Secretary 
to carry out section 83341— 
(1) $3,000,000 for fiscal year 2020; and 
(2) $1,500,000 for fiscal year 2021 and each 
fiscal year thereafter.
2368 
CHAPTER 4 
Subchapter A—Natural Infrastructure for 
Wildlife Conservation and Restoration 
SEC. 83511. SHORT TITLE. 
This subchapter may be cited as the ‘‘Recovering 
America’s Wildlife Act’’. 
SEC. 83512. WILDLIFE CONSERVATION AND RESTORATION 
SUBACCOUNT. 
(a) IN GENERAL.—Section 3 of the Pittman-Robert-
son Wildlife Restoration Act (16 U.S.C. 669b) is amend-
ed— 
(1) in subsection (a), by striking ‘‘$50,000,000 
in fiscal year 2001’’ in paragraph (2) and inserting 
‘‘$1,397,000,000 in fiscal years 2021 through 
2025’’; and 
(2) in subsection (c), by redesignating para-
graphs (2) and (3) as paragraphs (9) and (10); and 
(3) in subsection (c), by striking paragraph (1) 
and inserting the following: 
‘‘(1) ESTABLISHMENT OF SUBACCOUNT.— 
‘‘(A) IN GENERAL.—There is established in 
the fund a subaccount to be known as the 
‘Wildlife Conservation and Restoration Sub-
account’ (referred to in this section as the ‘Sub-
account’).
2369 
‘‘(B) AVAILABILITY.—Amounts in the Sub-
account shall be available upon appropriation, 
for each fiscal year, for apportionment in ac-
cordance with this Act. 
‘‘(C) DEPOSITS INTO SUBACCOUNT.—For 
fiscal years 2021 through 2025, the Secretary 
of the Treasury shall transfer $1,300,000,000 
upon appropriation from the general fund of 
the treasury each fiscal year to the fund for de-
posit in the Subaccount. 
‘‘(2) SUPPLEMENT NOT SUPPLANT.—Amounts 
transferred to the Subaccount shall supplement, but 
not replace, existing funds available to the States 
from— 
‘‘(A) the funds distributed pursuant to the 
Dingell-Johnson Sport Fish Restoration Act 
(16 U.S.C. 777 et seq.); and 
‘‘(B) the fund. 
‘‘(3) INNOVATION GRANTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
distribute 10 percent of funds from the Sub-
account through a competitive grant program to 
State fish and wildlife departments, the District 
of Columbia fish and wildlife department, fish 
and wildlife departments of territories, or to re-
2370 
gional associations of fish and wildlife depart-
ments (or any group composed of more than 1 
such entity). 
‘‘(B) PURPOSE.—Such grants shall be pro-
vided for the purpose of catalyzing innovation 
of techniques, tools, strategies, or collaborative 
partnerships that accelerate, expand, or rep-
licate effective and measurable recovery efforts 
for species of greatest conservation need and 
species listed under the Endangered Species Act 
of 1973 (15 U.S.C. 1531 et seq.) and the habi-
tats of such species. 
‘‘(C) REVIEW COMMITTEE.—The Secretary 
shall appoint a review committee comprised 
of— 
‘‘(i) a State Director from each re-
gional association of State fish and wildlife 
departments; 
‘‘(ii) the head of a department respon-
sible for fish and wildlife management in a 
territory; and 
‘‘(iii) four individuals representing 
four different nonprofit organizations each 
of which is actively participating in car-
rying out wildlife conservation restoration
2371 
activities using funds apportioned from the 
Subaccount. 
‘‘(D) SUPPORT FROM UNITED STATES FISH 
AND
WILDLIFE
SERVICE.—The United States 
Fish and Wildlife Service shall provide any per-
sonnel or administrative support services nec-
essary for such Committee to carry out its re-
sponsibilities under this Act. 
‘‘(E) EVALUATION.—Such committee shall 
evaluate each proposal submitted under this 
paragraph and recommend projects for funding. 
The committee shall give preference to solutions 
that accelerate the recovery of species identified 
as priorities through regional scientific assess-
ments of species of greatest conservation need. 
‘‘(4) USE OF FUNDS.—Funds apportioned from 
the Subaccount— 
‘‘(A) shall be used to implement the Wild-
life Conservation Strategy of a State, territory, 
or the District of Columbia, as required under 
16 U.S.C. 669c(d), by carrying out, revising, or 
enhancing existing wildlife and habitat con-
servation and restoration programs and devel-
oping and implementing new wildlife conserva-
tion, restoration, and natural infrastructure re-
2372 
silience programs and partnerships to recover 
and manage species of greatest conservation 
need and the key habitats and plant community 
types essential to the conservation of those spe-
cies as determined by the appropriate State fish 
and wildlife department; 
‘‘(B) shall be used to develop, revise, and 
enhance the Wildlife Conservation Strategy of a 
State, territory, or the District of Columbia, as 
may be required by this Act; 
‘‘(C) shall be used to assist in the recovery 
of species found in the State, territory, or the 
District of Columbia that are listed as endan-
gered species, threatened species, candidate spe-
cies or species proposed for listing, or species 
petitioned for listing under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) 
or under State law; 
‘‘(D) may be used for wildlife conservation 
education and wildlife-associated recreation 
projects and infrastructure, especially in histori-
cally underserved communities; 
‘‘(E) may be used to manage a species of 
greatest conservation need whose range is 
shared with another State, territory, Indian
2373 
Tribe, or foreign government and for the con-
servation of the habitat of such species; 
‘‘(F) may be used to manage, control, and 
prevent invasive species, disease, and other 
risks to species of greatest conservation need; 
and 
‘‘(G) may be used for law enforcement ac-
tivities that are directly related to the protec-
tion and conservation of a species of greatest 
conservation need and the habitat of such spe-
cies. 
‘‘(5) MINIMUM REQUIRED SPENDING FOR EN-
DANGERED SPECIES RECOVERY.—Not less than an 
average of 15 percent over a 5-year period of 
amounts apportioned to a State, territory, or the 
District of Columbia from the Subaccount shall be 
used for purposes described in paragraph (4)(C). 
The Secretary may reduce the minimum requirement 
of a State, territory, or the District of Columbia on 
an annual basis if the Secretary determines that the 
State, territory, or the District of Columbia is meet-
ing the conservation and recovery needs of all spe-
cies described in paragraph (4)(C). 
‘‘(6) PUBLIC ACCESS TO PRIVATE LANDS NOT 
REQUIRED.—Funds apportioned from the Sub-
2374 
account shall not be conditioned upon the provision 
of public access to private lands, waters, or holdings. 
‘‘(7) REQUIREMENTS FOR MATCHING FUNDS.— 
‘‘(A) For the purposes of the non-Federal 
fund matching requirement for a wildlife con-
servation or restoration program or project 
funded by the Subaccount, a State, territory, or 
the District of Columbia may use as matching 
non-Federal funds— 
‘‘(i) funds from Federal agencies 
other than the Department of the Interior 
and the Department of Agriculture; 
‘‘(ii) 
donated 
private 
lands 
and 
waters, including privately owned ease-
ments; 
‘‘(iii) in circumstances described in 
subparagraph 
(B), 
revenue 
generated 
through the sale of State hunting and fish-
ing licenses; and 
‘‘(iv) other sources consistent with 
part 80 of title 50, Code of Federal Regu-
lations, in effect on the date of enactment 
of the Recovering America’s Wildlife Act of 
2019.
2375 
‘‘(B) Revenue described in subparagraph 
(A)(iii) may only be used to fulfill the require-
ments of such non-Federal fund matching re-
quirement if— 
‘‘(i) no Federal funds apportioned to 
the State fish and wildlife department of 
such State from the Wildlife Restoration 
Program or the Sport Fish Restoration 
Program have been reverted because of a 
failure to fulfill such non-Federal fund 
matching requirement by such State dur-
ing the previous 2 years; and 
‘‘(ii) the project or program being 
funded benefits the habitat of a hunted or 
fished species and a species of greatest 
conservation need. 
‘‘(C) No State, territory or the District of 
Columbia shall be required to provide non-Fed-
eral matching funds for this program through 
fiscal year 2025. 
‘‘(8) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) SPECIES
OF
GREATEST
CONSERVA-
TION NEED.—The term ‘species of greatest con-
servation need’ may be fauna or flora, and may
2376 
include terrestrial, aquatic, marine, and inverte-
brate species that are of low population, declin-
ing, rare, or facing threats and in need of con-
servation attention, as determined by each 
State fish and wildlife department, with respect 
to funds apportioned to such State. 
‘‘(B) PARTNERSHIPS.—The term ‘partner-
ships’ may include, but are not limited to, col-
laborative efforts with Federal agencies, State 
agencies, local agencies, Indian Tribes, non-
profit organizations, academic institutions, in-
dustry groups, and private individuals to imple-
ment a State’s Wildlife Conservation Strategy. 
‘‘(C) TERRITORY AND TERRITORIES.—The 
terms ‘territory’ and ‘territories’ mean the 
Commonwealth of Puerto Rico, Guam, Amer-
ican Samoa, the Commonwealth of the North-
ern Mariana Islands, and the United States 
Virgin Islands. 
‘‘(D) 
WILDLIFE.—The 
term 
‘wildlife’ 
means any species of wild, freeranging fauna, 
including fish, and also any fauna in captive 
breeding programs the object of which is to re-
introduce individuals of a depleted indigenous 
species into previously occupied range.’’.
2377 
(b) ALLOCATION AND APPORTIONMENT OF AVAIL-
ABLE AMOUNTS.—Section 4 of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669c) is amended— 
(1) by redesignating the second subsection (c), 
relating to the apportionment of the Wildlife Con-
servation and Restoration Account, and subsection 
(d) as subsections (d) and (e) respectively; 
(2) in subsection (d), as redesignated— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘to the District of Columbia and to the 
Commonwealth of Puerto Rico, each’’ and 
inserting ‘‘To the District of Columbia’’; 
(ii) in subparagraph (B), by striking 
‘‘to Guam’’ and inserting ‘‘To Guam’’; 
(iii) in subparagraph (B), by striking 
‘‘not more than one-fourth of one percent’’ 
and inserting ‘‘not less than one-third of 
one percent’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(C) To the Commonwealth of Puerto 
Rico, a sum equal to not less than 1 percent 
thereof.’’; 
(B) in paragraph (2)(A), as redesignated—
2378 
(i) by amending clause (i) to read as 
follows: 
‘‘(i) one-half of which is based on the 
ratio to which the land and water area of 
such State bears to the total land and 
water area of all such States;’’; 
(ii) in clause (ii), by striking ‘‘two- 
thirds’’ and inserting ‘‘one-quarter’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) one-quarter of which is based 
upon the ratio to which the number of spe-
cies listed as endangered or threatened 
under the Endangered Species Act of 1973 
(15 U.S.C. 1531 et seq.) in such State 
bears to the total number of such species 
listed in all such States.’’; 
(C) by amending paragraph (2)(B) to read 
as follows: 
‘‘(B) The amounts apportioned under this para-
graph shall be adjusted equitably so that no such 
State, unless otherwise designated, shall be appor-
tioned a sum which is less than 1 percent or more 
than 5 percent of the amount available for appor-
tionment under—
2379 
‘‘(i) paragraph (2)(A)(i) of this section; 
‘‘(ii) paragraph (2)(A)(ii) of this section; 
and 
‘‘(iii) the overall amount available for sec-
tion (2)(A). 
‘‘(C) States that include plants among their 
species of greatest conservation need and in the con-
servation planning and habitat prioritization efforts 
of their Wildlife Conservation Strategy shall receive 
an additional 5 percent of their apportioned 
amount.’’; and 
(D) in paragraph (3), by striking ‘‘3 per-
cent’’ and inserting ‘‘1.85 percent’’; 
(3) by amending subsection (e)(4)(B), as redes-
ignated, to read as follows: 
‘‘(B) Not more than an average of 15 per-
cent over a 5-year period of amounts appor-
tioned to each State under this section for a 
State’s wildlife conservation and restoration 
program may be used for wildlife conservation 
education and wildlife-associated recreation.’’; 
and 
(4) by adding at the end following: 
‘‘(f) MINIMIZATION
OF PLANNING
AND REPORT-
ING.—Nothing in this Act shall be interpreted to require
2380 
a State to create a comprehensive strategy related to con-
servation education or outdoor recreation. 
‘‘(g) ACCOUNTABILITY.—Not more than 1 year after 
the date of enactment of the Recovering America’s Wild-
life Act of 2019 and every 3 years thereafter, each State 
fish and wildlife department shall submit a 3-year work 
plan and budget for implementing its Wildlife Conserva-
tion Strategy and a report describing the results derived 
from activities accomplished under paragraph (4) during 
the previous 3 years to— 
‘‘(1) the Committee on Environment and Public 
Works of the Senate; 
‘‘(2) the Committee on Natural Resources of 
the House of Representatives; and 
‘‘(3) the United States Fish and Wildlife Serv-
ice.’’. 
SEC. 83513. TECHNICAL AMENDMENTS. 
(a) DEFINITIONS.—Section 2 of the Pittman-Robert-
son Wildlife Restoration Act (16 U.S.C. 669a) is amend-
ed— 
(1) by striking paragraph (5); 
(2) by redesignating paragraphs (6) through 
(9) as paragraphs (5) through (8), respectively; and 
(3) in paragraph (6), as redesignated by para-
graph (2), by inserting ‘‘Indian Tribes, academic in-
2381 
stitutions,’’ before ‘‘wildlife conservation organiza-
tions’’. 
(b) CONFORMING AMENDMENTS.—The Pittman-Rob-
ertson Wildlife Restoration Act (16 U.S.C. 669a et seq.) 
is amended— 
(1) in section 3— 
(A) in subsection (a)— 
(i) by striking ‘‘(1) An amount equal 
to’’ and inserting ‘‘An amount equal to’’; 
and 
(ii) by striking paragraph (2); 
(B) in subsection (c)— 
(i) in paragraph (9), as redesignated 
by section 101(a)(1), by striking ‘‘or an 
Indian tribe’’; and 
(ii) in paragraph (10), as redesignated 
by section 101(a)(1), by striking ‘‘Wildlife 
Conservation and Restoration Account’’ 
and inserting ‘‘Subaccount’’; and 
(C) in subsection (d), by striking ‘‘Wildlife 
Conservation and Restoration Account’’ and in-
serting ‘‘Subaccount’’; 
(2) in section 4 (16 U.S.C. 669c)— 
(A) in subsection (d), as redesignated—
2382 
(i) in the heading, by striking ‘‘AC-
COUNT’’ and inserting ‘‘SUBACCOUNT’’; 
and 
(ii) by striking ‘‘Account’’ each place 
it appears and inserting ‘‘Subaccount’’; 
and 
(B) in subsection (e)(1), as redesignated, 
by striking ‘‘Account’’ and inserting ‘‘Sub-
account’’; and 
(3) in section 8 (16 U.S.C. 669g), in subsection 
(a), by striking ‘‘Account’’ and inserting ‘‘Sub-
account’’. 
SEC. 83514. SAVINGS CLAUSE. 
The Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669 et seq.) is amended— 
(1) by redesignating section 13 as section 15; 
and 
(2) by inserting after section 12 the following: 
‘‘SEC. 13. SAVINGS CLAUSE. 
‘‘Nothing in this Act shall be construed to enlarge 
or diminish the authority, jurisdiction, or responsibility of 
a State to manage, control, or regulate fish and wildlife 
under the law and regulations of the State on lands and 
waters within the State, including on Federal lands and 
waters.
2383 
‘‘SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO 
ALASKA. 
‘‘If any conflict arises between any provision of this 
Act and any provision of the Alaska National Interest 
Lands Conservation Act (Public Law 46–487, 16 U.S.C. 
3101 et seq.), then the provision in the Alaska National 
Interest Lands Conservation Act shall prevail.’’. 
Subchapter B—Natural Infrastructure for 
Tribal Wildlife Conservation and Restoration 
SEC. 83521. INDIAN TRIBES. 
(a) DEFINITIONS.—In this section— 
(1) ACCOUNT.—The term ‘‘Account’’ means the 
Tribal Wildlife Conservation and Restoration Ac-
count established by subsection (c)(1). 
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given such term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) TRIBAL SPECIES OF GREATEST CONSERVA-
TION NEED.—The term ‘‘Tribal species of greatest 
conservation need’’ means any species identified by 
an Indian Tribe as requiring conservation manage-
ment because of declining population, habitat loss,
2384 
or other threats, or because of their biological or cul-
tural importance to such Tribe. 
(5) WILDLIFE.—The term ‘‘wildlife’’ means— 
(A) any species of wild flora or fauna in-
cluding fish and marine mammals; 
(B) flora or fauna in a captive breeding, 
rehabilitation, and holding or quarantine pro-
gram, the object of which is to reintroduce indi-
viduals of a depleted indigenous species into 
previously occupied range or to maintain a spe-
cies for conservation purposes; and 
(C) does not include game farm animals. 
(b) TRIBAL WILDLIFE CONSERVATION
AND RES-
TORATION ACCOUNT.— 
(1) IN GENERAL.—There is established in the 
Treasury an account to be known as the ‘‘Tribal 
Wildlife Conservation and Restoration Account’’. 
(2) AVAILABILITY.—Amounts in the Account 
shall be available for each fiscal year upon appro-
priation for apportionment in accordance with this 
title. 
(3) DEPOSITS.—For fiscal year 2021 through 
2025, the Secretary of the Treasury shall transfer 
$97,500,000 upon appropriation to the Account.
2385 
(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
2386 
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-
2387 
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.
2388 
(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—
2389 
(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;
2390 
‘‘(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.—
2391 
‘‘(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.
2392 
‘‘(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;
2393 
‘‘(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.—
2394 
‘‘(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;
2395 
‘‘(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—
2396 
‘‘(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
2397 
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.—
2398 
‘‘(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.
2399 
‘‘(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.
2400 
‘‘(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.’’.
2401 
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’’.
2402 
(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—
2403 
(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:
2404 
‘‘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-
2405 
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.
2406 
‘‘(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.—
2407 
‘‘(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-
2408 
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
2409 
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-
2410 
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.—
2411 
‘‘(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.—
2412 
‘‘(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
2413 
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
2414 
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-
2415 
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
2416 
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
2417 
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).
2418 
‘‘(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))—
2419 
(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
2420 
(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—
2421 
(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
2422 
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
2423 
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
2424 
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.
2425 
(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.
2426 
(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
2427 
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
2428 
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
2429 
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
2430 
(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—
2431 
(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
2432 
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
2433 
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
2434 
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-
2435 
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.
2436 
(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-
2437 
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-
2438 
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—
2439 
(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—
2440 
‘‘(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;
2441 
‘‘(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.
2442 
‘‘(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
2443 
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—
2444 
‘‘(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
2445 
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
2446 
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-
2447 
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.
2448 
‘‘(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.
2449 
‘‘(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
2450 
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—
2451 
‘‘(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
2452 
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
2453 
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.
2454 
‘‘(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
2455 
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
2456 
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-
2457 
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
2458 
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-
2459 
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
2460 
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
2461 
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.
2462 
‘‘(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
2463 
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
2464 
‘‘(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
2465 
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.
2466 
‘‘(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.
2467 
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.
2468 
(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.
2469 
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.
2470 
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.
2471 
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
2472 
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
2473 
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
2474 
be determined as of the first day on which there 
is a binding, written contract for the sale or ex-
change of the bond. 
‘‘(c) QUALIFIED INFRASTRUCTURE BOND.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘qualified infrastructure bond’ means 
any bond (other than a private activity bond) issued 
as part of an issue if— 
‘‘(A) 100 percent of the available project 
proceeds of such issue are to be used for capital 
expenditures or operations and maintenance ex-
penditures in connection with property the ac-
quisition, construction, or improvement of 
which would be a capital expenditure, 
‘‘(B) the interest on such bond would (but 
for this section) be excludable from gross in-
come under section 103, 
‘‘(C) the issue price has not more than a 
de minimis amount (determined under rules 
similar to the rules of section 1273(a)(3)) of 
premium over the stated principal amount of 
the bond, and 
‘‘(D) prior to the issuance of such bond, 
the issuer makes an irrevocable election to have 
this section apply.
2475 
‘‘(2) APPLICABLE RULES.—For purposes of ap-
plying paragraph (1)— 
‘‘(A) NOT TREATED AS FEDERALLY GUAR-
ANTEED.—For purposes of section 149(b), a 
qualified infrastructure bond shall not be treat-
ed as federally guaranteed by reason of the 
credit allowed under this section. 
‘‘(B) 
APPLICATION
OF
ARBITRAGE 
RULES.—For purposes of section 148, the yield 
on a qualified infrastructure bond shall be re-
duced by the credit allowed under this section. 
‘‘(d) DEFINITION AND SPECIAL RULES.—For pur-
poses of this section— 
‘‘(1) INTEREST
INCLUDIBLE
IN
GROSS
IN-
COME.—For purposes of this title, interest on any 
qualified infrastructure bond shall be includible in 
gross income. 
‘‘(2) AVAILABLE
PROJECT
PROCEEDS.—The 
term ‘available project proceeds’ means— 
‘‘(A) the excess of— 
‘‘(i) the proceeds from the sale of an 
issue, over 
‘‘(ii) the sum of— 
‘‘(I) issuance costs financed by 
the issue (the extent that such costs
2476 
do not exceed 2 percent of such pro-
ceeds), and 
‘‘(II) amounts in a reasonably re-
quired reserve (within the meaning of 
section 150(a)(3)) with respect to 
such issue), and 
‘‘(B) the proceeds from any investment of 
the excess described in clause (i). 
‘‘(3) CURRENT REFUNDINGS ALLOWED.— 
‘‘(A) IN GENERAL.—In the case of a bond 
issued to refund a qualified infrastructure bond, 
such refunding bond shall be treated as a quali-
fied infrastructure bond for purposes of this 
section if— 
‘‘(i) the average maturity date of the 
issue of which the refunding bond is a part 
is not later than the average maturity date 
of the bonds to be refunded by such issue, 
‘‘(ii) the amount of the refunding 
bond does not exceed the outstanding 
amount of the refunded bond, 
‘‘(iii) the refunded bond is redeemed 
not later than 90 days after the date of the 
issuance of the refunding bond, and
2477 
‘‘(iv) the refunded bond was issued 
more than 30 days after the date of the 
enactment of this section. 
‘‘(B) APPLICABLE
PERCENTAGE
LIMITA-
TION.—The applicable percentage with respect 
to any bond to which subparagraph (A) applies 
shall be 30 percent. 
‘‘(C) DETERMINATION OF AVERAGE MATU-
RITY.—For purposes of subparagraph (A)(i), 
average maturity shall be determined in accord-
ance with section 147(b)(2)(A). 
‘‘(D) APPLICATION OF DAVIS-BACON ACT 
REQUIREMENTS WITH RESPECT TO QUALIFIED 
INFRASTRUCTURE
BONDS.—Subchapter IV of 
chapter 31 of the title 40, United States Code, 
shall apply to projects financed with the pro-
ceeds of qualified infrastructure bonds. 
‘‘(e) REGULATIONS.—The Secretary may prescribe 
such regulations and other guidance as may be necessary 
or appropriate to carry out this section.’’. 
(b) PAYMENTS MADE UNDER SECTION 6431A OF 
THE
INTERNAL
REVENUE
CODE
OF
1986.—Section 
255(g)(1)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is 
amended by inserting: ‘‘Payments made under section
2478 
6431A of the Internal Revenue Code of 1986’’ after the 
item related to Payment to Radiation Exposure Com-
pensation Trust Fund. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 1324(b)(2) of title 31, United 
States Code, is amended by striking ‘‘or 6431’’ and 
inserting ‘‘6431, or 6431A’’. 
(2) The table of sections for subchapter B of 
chapter 65 is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 6431A. Credit allowed to issuer for qualified infrastructure bonds.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to bonds issued more than 30 days 
after the date of the enactment of this Act. 
SEC. 90102. ADVANCE REFUNDING BONDS. 
(a) IN GENERAL.—Section 149(d) is amended— 
(1) by striking ‘‘to advance refund another 
bond.’’ in paragraph (1) and inserting ‘‘as part of 
an issue described in paragraph (2), (3), or (4).’’, 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (5) and (7), respectively, 
(3) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) CERTAIN PRIVATE ACTIVITY BONDS.—An 
issue is described in this paragraph if any bond 
(issued as part of such issue) is issued to advance
2479 
refund a private activity bond (other than a qualified 
501(c)(3) bond). 
‘‘(3) OTHER BONDS.— 
‘‘(A) IN GENERAL.—An issue is described 
in this paragraph if any bond (issued as part of 
such issue), hereinafter in this paragraph re-
ferred to as the ‘refunding bond’, is issued to 
advance refund a bond unless— 
‘‘(i) the refunding bond is only— 
‘‘(I) the first advance refunding 
of the original bond if the original 
bond is issued after 1985, or 
‘‘(II) the first or second advance 
refunding of the original bond if the 
original bond was issued before 1986, 
‘‘(ii) in the case of refunded bonds 
issued before 1986, the refunded bond is 
redeemed not later than the earliest date 
on which such bond may be redeemed at 
par or at a premium of 3 percent or less, 
‘‘(iii) in the case of refunded bonds 
issued after 1985, the refunded bond is re-
deemed not later than the earliest date on 
which such bond may be redeemed,
2480 
‘‘(iv) the initial temporary period 
under section 148(c) ends— 
‘‘(I) with respect to the proceeds 
of the refunding bond not later than 
30 days after the date of issue of such 
bond, and 
‘‘(II) with respect to the proceeds 
of the refunded bond on the date of 
issue of the refunding bond, and 
‘‘(v) in the case of refunded bonds to 
which section 148(e) did not apply, on and 
after the date of issue of the refunding 
bond, the amount of proceeds of the re-
funded bond invested in higher yielding in-
vestments (as defined in section 148(b)) 
which are nonpurpose investments (as de-
fined in section 148(f)(6)(A)) does not ex-
ceed— 
‘‘(I) the amount so invested as 
part of a reasonably required reserve 
or replacement fund or during an al-
lowable temporary period, and 
‘‘(II) the amount which is equal 
to the lesser of 5 percent of the pro-
ceeds of the issue of which the re-
2481 
funded bond is a part or $100,000 (to 
the extent such amount is allocable to 
the refunded bond). 
‘‘(B) 
SPECIAL
RULES
FOR
REDEMP-
TIONS.— 
‘‘(i) ISSUER MUST REDEEM ONLY IF 
DEBT SERVICE SAVINGS.—Clause (ii) and 
(iii) of subparagraph (A) shall apply only 
if the issuer may realize present value debt 
service savings (determined without regard 
to administrative expenses) in connection 
with the issue of which the refunding bond 
is a part. 
‘‘(ii) REDEMPTIONS
NOT
REQUIRED 
BEFORE
90TH
DAY.—For purposes of 
clauses (ii) and (iii) of subparagraph (A), 
the earliest date referred to in such clauses 
shall not be earlier than the 90th day after 
the date of issuance of the refunding bond. 
‘‘(4) ABUSIVE
TRANSACTIONS
PROHIBITED.— 
An issue is described in this paragraph if any bond 
(issued as part of such issue) is issued to advance 
refund another bond and a device is employed in 
connection with the issuance of such issue to obtain 
a material financial advantage (based on arbitrage)
2482 
apart from savings attributable to lower interest 
rates.’’, and 
(4) by inserting after paragraph (5) (as so re-
designated) the following new paragraph: 
‘‘(6) SPECIAL RULES FOR PURPOSES OF PARA-
GRAPH (3).—For purposes of paragraph (3), bonds 
issued before October 22, 1986, shall be taken into 
account under subparagraph (A)(i) thereof except— 
‘‘(A) a refunding which occurred before 
1986 shall be treated as an advance refunding 
only if the refunding bond was issued more 
than 180 days before the redemption of the re-
funded bond, and 
‘‘(B) a bond issued before 1986, shall be 
treated as advance refunded no more than once 
before March 15, 1986.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
148(f)(4)(C) is amended by redesignating clauses (xiv) 
through (xvi) as clauses (xv) to (xvii), respectively, and 
by inserting after clause (xiii) the following new clause: 
‘‘(xiv) DETERMINATION
OF
INITIAL 
TEMPORARY
PERIOD.—For purposes of 
this subparagraph, the end of the initial 
section temporary period shall be deter-
2483 
mined 
without 
regard 
to 
section 
149(d)(3)(A)(iv).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to advance refunding bonds issued 
more than 30 days after the date of the enactment of this 
Act. 
SEC. 90103. PERMANENT MODIFICATION OF SMALL ISSUER 
EXCEPTION TO TAX-EXEMPT INTEREST EX-
PENSE ALLOCATION RULES FOR FINANCIAL 
INSTITUTIONS. 
(a) PERMANENT INCREASE IN LIMITATION.—Sub-
paragraphs (C)(i), (D)(i), and (D)(iii)(II) of section 
265(b)(3) are each amended by striking ‘‘$10,000,000’’ 
and inserting ‘‘$30,000,000’’. 
(b) PERMANENT MODIFICATION OF OTHER SPECIAL 
RULES.—Section 265(b)(3) is amended— 
(1) by redesignating clauses (iv), (v), and (vi) 
of subparagraph (G) as clauses (ii), (iii), and (iv), 
respectively, and moving such clauses to the end of 
subparagraph (H) (as added by paragraph (2)), and 
(2) by striking so much of subparagraph (G) as 
precedes such clauses and inserting the following: 
‘‘(G) QUALIFIED 501(c)(3) BONDS TREATED 
AS ISSUED BY EXEMPT ORGANIZATION.—In the 
case of a qualified 501(c)(3) bond (as defined
2484 
in section 145), this paragraph shall be applied 
by treating the 501(c)(3) organization for 
whose benefit such bond was issued as the 
issuer. 
‘‘(H) SPECIAL
RULE
FOR
QUALIFIED 
FINANCINGS.— 
‘‘(i) IN GENERAL.—In the case of a 
qualified financing issue— 
‘‘(I) subparagraph (F) shall not 
apply, and 
‘‘(II) any obligation issued as a 
part of such issue shall be treated as 
a qualified tax-exempt obligation if 
the requirements of this paragraph 
are met with respect to each qualified 
portion of the issue (determined by 
treating each qualified portion as a 
separate issue which is issued by the 
qualified borrower with respect to 
which such portion relates).’’. 
(c) INFLATION ADJUSTMENT.—Section 265(b)(3), as 
amended by subsection (b), is amended by adding at the 
end the following new subparagraph: 
‘‘(I) INFLATION
ADJUSTMENT.—In the 
case of any calendar year after 2020, the
2485 
$30,000,000 amounts contained in subpara-
graphs (C)(i), (D)(i), and (D)(iii)(II) shall each 
be increased by an amount equal to— 
‘‘(i) such dollar amount, multiplied by 
‘‘(ii) the cost-of-living adjustment de-
termined under section 1(f)(3) for such 
calendar year, determined by substituting 
‘calendar year 2019’ for ‘calendar year 
2016’ in subparagraph (A)(ii) thereof. 
Any increase determined under the preceding 
sentence shall be rounded to the nearest mul-
tiple of $100,000.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to obligations issued after the date 
of the enactment of this Act. 
SEC. 90104. VOLUME CAP ON PRIVATE ACTIVITY BONDS. 
(a) IN GENERAL.—Section 146(d)(1) is amended— 
(1) by striking ‘‘$75 ($62.50 in the case of cal-
endar year 2001)’’ and inserting ‘‘$115’’, and 
(2) by striking ‘‘$225,000,000 ($187,500,000 
in the case of calendar year 2001)’’ and inserting 
‘‘$353,775,000’’. 
(b) INFLATION ADJUSTMENT.—Section 146(d)(2) is 
amended—
2486 
(1) by striking ‘‘2002’’ and inserting ‘‘2020’’, 
and 
(2) by striking ‘‘2001’’ in subparagraph (B) 
and inserting ‘‘2019’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to calendar years after 2020. 
SEC. 90105. MODIFICATIONS TO QUALIFIED SMALL ISSUE 
BONDS. 
(a) MANUFACTURING FACILITIES TO INCLUDE PRO-
DUCTION OF INTANGIBLE PROPERTY AND FUNCTIONALLY 
RELATED
FACILITIES.—Subparagraph (C) of section 
144(a)(12) is amended to read as follows: 
‘‘(C) 
MANUFACTURING
FACILITY.—For 
purposes of this paragraph— 
‘‘(i) IN GENERAL.—The term ‘manu-
facturing 
facility’ 
means 
any 
facility 
which— 
‘‘(I) is used in the manufacturing 
or production of tangible personal 
property (including the processing re-
sulting in a change in the condition of 
such property), 
‘‘(II) is used in the creation or 
production 
of 
intangible 
property
2487 
which 
is 
described 
in 
section 
197(d)(1)(C)(iii), or 
‘‘(III) is functionally related and 
subordinate to a facility described in 
subclause (I) or (II) if such facility is 
located on the same site as the facility 
described in subclause (I) or (II). 
‘‘(ii) 
CERTAIN
FACILITIES
IN-
CLUDED.—The term ‘manufacturing facil-
ity’ includes facilities that are directly re-
lated and ancillary to a manufacturing fa-
cility (determined without regard to this 
clause) if— 
‘‘(I) those facilities are located on 
the same site as the manufacturing 
facility, and 
‘‘(II) not more than 25 percent 
of the net proceeds of the issue are 
used to provide those facilities. 
‘‘(iii) 
LIMITATION
ON
OFFICE 
SPACE.—A rule similar to the rule of sec-
tion 142(b)(2) shall apply for purposes of 
clause (i). 
‘‘(iv) LIMITATION
ON
REFUNDINGS 
FOR CERTAIN PROPERTY.—Subclauses (II)
2488 
and (III) of clause (i) shall not apply to 
any bond issued on or before the date of 
the enactment of the Renewable Energy, 
Efficiency, and Infrastructure Tax Act of 
2020, or to any bond issued to refund a 
bond issued on or before such date (other 
than a bond to which clause (iii) of this 
subparagraph (as in effect before the date 
of the enactment of the Renewable Energy, 
Efficiency, and Infrastructure Tax Act of 
2020) applies), either directly or in a series 
of refundings.’’. 
(b) INCREASE IN LIMITATIONS.—Section 144(a)(4) is 
amended— 
(1) 
in 
subparagraph 
(A)(i), 
by 
striking 
‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’, and 
(2) in the heading, by striking ‘‘$10,000,000’’ and 
inserting ‘‘$30,000,000’’. 
(c) 
ADJUSTMENT
FOR
INFLATION.—Section 
144(a)(4) is amended by adding at the end the following 
new subparagraph: 
‘‘(H) ADJUSTMENT
FOR
INFLATION.—In 
the case of any calendar year after 2020, the 
$30,000,000 amount in subparagraph (A) shall 
be increased by an amount equal to—
2489 
‘‘(i) such dollar amount, multiplied by 
‘‘(ii) the cost-of-living adjustment de-
termined under section 1(f)(3) for the cal-
endar year, determined by substituting 
‘calendar year 2019’ for ‘calendar year 
2016’ in subparagraph (A)(ii) thereof. 
If any amount as increased under the preceding 
sentence is not a multiple of $100,000, such 
amount shall be rounded to the nearest multiple 
of $100,000.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to obligations issued after the date 
of the enactment of this Act. 
SEC. 90106. EXPANSION OF CERTAIN EXCEPTIONS TO THE 
PRIVATE ACTIVITY BOND RULES FOR FIRST- 
TIME FARMERS. 
(a) INCREASE IN DOLLAR LIMITATION.— 
(1) IN
GENERAL.—Section 147(c)(2)(A) is 
amended by striking ‘‘$450,000’’ and inserting 
‘‘$552,500’’. 
(2) REPEAL OF SEPARATE LOWER DOLLAR LIM-
ITATION
ON
USED
FARM
EQUIPMENT.—Section 
147(c)(2) is amended by striking subparagraph (F) 
and by redesignating subparagraphs (G) and (H) as 
subparagraphs (F) and (G), respectively.
2490 
(3) QUALIFIED SMALL ISSUE BOND LIMITATION 
CONFORMED TO INCREASED DOLLAR LIMITATION.— 
Section 144(a)(11)(A) is amended by striking 
‘‘$250,000’’ and inserting ‘‘$552,500’’. 
(4) INFLATION ADJUSTMENT.— 
(A) IN
GENERAL.—Section 147(c)(2)(G), 
as redesignated by paragraph (2), is amended— 
(i) by striking ‘‘after 2008, the dollar 
amount in subparagraph (A) shall be in-
creased’’ and inserting ‘‘after 2020, the 
dollar amounts in subparagraph (A) and 
section 144(a)(11)(A) shall each be in-
creased’’, and 
(ii) in clause (ii), by striking ‘‘2007’’ 
and inserting ‘‘2019’’. 
(B) 
CROSS-REFERENCE.—Section 
144(a)(11) is amended by adding at the end the 
following new subparagraph: 
‘‘(D) INFLATION ADJUSTMENT.—For infla-
tion adjustment of dollar amount contained in 
subparagraph (A), see section 147(c)(2)(G).’’. 
(b) SUBSTANTIAL
FARMLAND
DETERMINED
ON 
BASIS
OF AVERAGE RATHER THAN MEDIAN FARM 
SIZE.—Section 147(c)(2)(E) is amended by striking ‘‘me-
dian’’ and inserting ‘‘average’’.
2491 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to bonds issued after the date of 
the enactment of this Act. 
SEC. 90107. EXEMPT FACILITY BONDS FOR ZERO-EMISSION 
VEHICLE INFRASTRUCTURE. 
(a) IN GENERAL.—Section 142 is amended— 
(1) in subsection (a)— 
(A) in paragraph (14), by striking ‘‘or’’ at 
the end, 
(B) in paragraph (15), by striking the pe-
riod at the end and inserting ‘‘, or’’, and 
(C) by adding at the end the following new 
paragraph: 
‘‘(16) zero-emission vehicle infrastructure.’’, 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(n) ZERO-EMISSION VEHICLE INFRASTRUCTURE.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(16), the term ‘zero-emission vehicle infrastruc-
ture’ means any property (not including a building 
and its structural components) if such property is 
part of a unit which— 
‘‘(A) is used to charge or fuel zero-emis-
sions vehicles,
2492 
‘‘(B) is located where the vehicles are 
charged or fueled, 
‘‘(C) is of a character subject to the allow-
ance for depreciation (or amortization in lieu of 
depreciation), 
‘‘(D) is made available for use by members 
of the general public, 
‘‘(E) accepts payment by use of a credit 
card reader, and 
‘‘(F) is capable of charging or fueling vehi-
cles produced by more than one manufacturer 
(within the meaning of section 30D(d)(3)). 
‘‘(2) INCLUSION OF UTILITY SERVICE CONNEC-
TIONS, ETC.—The term ‘zero-emission vehicle infra-
structure’ shall include any utility service connec-
tions, utility panel upgrades, line extensions and 
conduit, transformer upgrades, or similar property, 
in connection with property meeting the require-
ments of paragraph (1). 
‘‘(3) ZERO-EMISSIONS
VEHICLE.—The term 
‘zero-emissions vehicle’ means— 
‘‘(A) a zero-emission vehicle as defined in 
section 88.102–94 of title 40, Code of Federal 
Regulations, or
2493 
‘‘(B) a vehicle that produces zero exhaust 
emissions of any criteria pollutant (or precursor 
pollutant) or greenhouse gas under any possible 
operational modes and conditions. 
‘‘(4) ZERO-EMISSIONS
VEHICLE
INFRASTRUC-
TURE
LOCATED
WITHIN
OTHER
FACILITIES
OR 
PROJECTS.—For purposes of subsection (a), any 
zero-emission vehicle infrastructure located within— 
‘‘(A) a facility or project described in sub-
section (a), or 
‘‘(B) an area adjacent to a facility or 
project described in subsection (a) that pri-
marily serves vehicles traveling to or from such 
facility or project, 
shall be treated as described in the paragraph in 
which such facility or project is described. 
‘‘(5) EXCEPTION
FOR
REFUELING
PROPERTY 
FOR
FLEET
VEHICLES.—Subparagraphs (D), (E), 
and (F) of paragraph (1) shall not apply to property 
which is part of a unit which is used exclusively by 
fleets of commercial or governmental vehicles.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to obligations issued after Decem-
ber 31, 2020.
2494 
SEC. 90108. CERTAIN WATER AND SEWAGE FACILITY BONDS 
EXEMPT FROM VOLUME CAP ON PRIVATE AC-
TIVITY BONDS. 
(a) IN GENERAL.—Section 146(g) is amended by 
striking ‘‘and’’ at the end of paragraph (3), striking the 
period at the end of paragraph (4) and inserting ‘‘, and’’, 
and inserting after paragraph (4) the following new para-
graph: 
‘‘(5) any exempt facility bond issued as part of 
an issue described in paragraph (4) or (5) of section 
142(a) if 95 percent or more of the net proceeds of 
such issue are to be used to provide facilities 
which— 
‘‘(A) will be used— 
‘‘(i) by a person who was, as of July 
1, 2020, engaged in operation of a facility 
described in such paragraph, and 
‘‘(ii) to provide service within the area 
served by such person on such date (or 
within a county or city any portion of 
which is within such area), or 
‘‘(B) will be used by a successor in interest 
to such person for the same use and within the 
same service area as described in subparagraph 
(A).’’.
2495 
SEC. 90109. QUALIFIED HIGHWAY OR SURFACE FREIGHT 
TRANSFER FACILITY BONDS. 
(a) 
INCREASE
IN
LIMITATION.—Section 
142(m)(2)(A) is amended by striking ‘‘$15,000,000,000’’ 
and inserting ‘‘$18,750,000,000’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to bonds issued after the date of 
the enactment of this Act. 
SEC. 90110. APPLICATION OF DAVIS-BACON ACT REQUIRE-
MENTS WITH RESPECT TO CERTAIN EXEMPT 
FACILITY BONDS. 
(a) IN GENERAL.—Section 142(b) is amended by 
adding at the end the following new paragraph: 
‘‘(3) APPLICATION
OF
DAVIS-BACON
ACT
RE-
QUIREMENTS WITH RESPECT TO CERTAIN EXEMPT 
FACILITY BONDS.—If any proceeds of any issue are 
used for construction, alteration, or repair of any fa-
cility otherwise described in paragraph (4), (5), (15), 
or (16) of subsection (a), such facility shall be treat-
ed for purposes of subsection (a) as described in 
such paragraph only if each entity that receives such 
proceeds to conduct such construction, alteration, or 
repair agrees to comply with the provisions of sub-
chapter IV of chapter 31 of title 40, United States 
Code with respect to such construction, alteration, or 
repair.’’.
2496 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to bonds issued after the date of 
the enactment of this Act. 
Subtitle B—School Infrastructure 
Bonds 
SEC. 90111. RESTORATION OF CERTAIN QUALIFIED TAX 
CREDIT BONDS. 
(a) ALLOWANCE OF CREDIT.— 
(1) IN GENERAL.—Section 54A, as in effect be-
fore repeal by Public Law 115–97, is restored as if 
such repeal had not taken effect. 
(2) CREDIT LIMITED TO CERTAIN BONDS.—Sec-
tion 54A(d)(1), as restored by paragraph (1), is 
amended by striking subparagraphs (A), (B), and 
(C). 
(b) CREDIT ALLOWED TO ISSUER.— 
(1) IN GENERAL.—Section 6431, as in effect 
before repeal by Public Law 115–97, is restored as 
if such repeal had not taken effect. 
(2) SCHOOL
INFRASTRUCTURE
BONDS.—Sec-
tion 6431(f)(3), as restored by paragraph (1), is 
amended by inserting ‘‘any school infrastructure 
bond (as defined in section 54BB) or’’ before ‘‘any 
qualified tax credit bond’’. 
(c) QUALIFIED ZONE ACADEMY BONDS.—
2497 
(1) IN GENERAL.—Section 54E, as in effect be-
fore repeal by Public Law 115–97, is restored as if 
such repeal had not taken effect. 
(2) REMOVAL
OF
PRIVATE
BUSINESS
CON-
TRIBUTION
REQUIREMENT.—Section 54E, as re-
stored by paragraph (1), is amended— 
(A) in subsection (a)(3), by inserting 
‘‘and’’ at the end of subparagraph (A), by strik-
ing subparagraph (B), and by redesignating 
subparagraph (C) as subparagraph (B); 
(B) by striking subsection (b); and 
(C) in subsection (c)(1)— 
(i) by striking ‘‘and $400,000,0000’’ 
and inserting ‘‘$400,000,000’’; and 
(ii) by striking ‘‘and, except as pro-
vided’’ and all that follows through the pe-
riod at the end and inserting ‘‘, and 
$1,400,000,000 for 2020 and each year 
thereafter.’’. 
(3) CONSTRUCTION OF A PUBLIC SCHOOL FA-
CILITY.—Section 54E(d)(3)(A), as restored by para-
graph (1), is amended by striking ‘‘rehabilitating or 
repairing’’ and inserting ‘‘constructing, rehabili-
tating, retrofitting, or repairing’’. 
(d) CONFORMING AMENDMENTS.—
2498 
(1) So much of subpart I of part IV of sub-
chapter A of chapter 1 as precedes section 54A, as 
in effect before repeal by Public Law 115–97, is re-
stored as if such repeal had not taken effect. 
(2) The table of sections for such subpart I, as 
restored by paragraph (1), is amended by striking 
the items relating to sections 54B, 54C, 54D, and 
54F. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to obligations issued after Decem-
ber 31, 2020. 
SEC. 90112. SCHOOL INFRASTRUCTURE BONDS. 
(a) IN GENERAL.—Part IV of subchapter A of chap-
ter 1 is amended by inserting after subpart I (as restored 
by section 90111) the following new subpart: 
‘‘Subpart J—School Infrastructure Bonds 
‘‘Sec. 54BB. School infrastructure bonds. 
‘‘SEC. 54BB. SCHOOL INFRASTRUCTURE BONDS. 
‘‘(a) IN GENERAL.—If a taxpayer holds a school in-
frastructure bond on one or more interest payment dates 
of the bond during any taxable year, there shall be allowed 
as a credit against the tax imposed by this chapter for 
the taxable year an amount equal to the sum of the credits 
determined under subsection (b) with respect to such 
dates.
2499 
‘‘(b) AMOUNT OF CREDIT.—The amount of the credit 
determined under this subsection with respect to any in-
terest payment date for a school infrastructure bond is 
100 percent of the amount of interest payable by the 
issuer with respect to such date. 
‘‘(c) LIMITATION BASED ON AMOUNT OF TAX.— 
‘‘(1) IN GENERAL.—The credit allowed under 
subsection (a) for any taxable year shall not exceed 
the excess of— 
‘‘(A) the sum of the regular tax liability 
(as defined in section 26(b)) plus the tax im-
posed by section 55, over 
‘‘(B) the sum of the credits allowable 
under this part (other than subpart C and this 
subpart). 
‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the 
credit allowable under subsection (a) exceeds the 
limitation imposed by paragraph (1) for such taxable 
year, such excess shall be carried to the succeeding 
taxable year and added to the credit allowable under 
subsection (a) for such taxable year (determined be-
fore the application of paragraph (1) for such suc-
ceeding taxable year). 
‘‘(d) SCHOOL INFRASTRUCTURE BOND.—
2500 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘school infrastructure bond’ means 
any bond issued as part of an issue if— 
‘‘(A) 100 percent of the available project 
proceeds of such issue are to be used for the 
purposes described in section 70112 of the 
Moving Forward Act, 
‘‘(B) the interest on such obligation would 
(but for this section) be excludable from gross 
income under section 103, 
‘‘(C) the issue meets the requirements of 
paragraph (3), and 
‘‘(D) the issuer designates such bond for 
purposes of this section. 
‘‘(2) APPLICABLE RULES.—For purposes of ap-
plying paragraph (1)— 
‘‘(A) for purposes of section 149(b), a 
school infrastructure bond shall not be treated 
as federally guaranteed by reason of the credit 
allowed under section 6431(a), 
‘‘(B) for purposes of section 148, the yield 
on a school infrastructure bond shall be deter-
mined without regard to the credit allowed 
under subsection (a), and
2501 
‘‘(C) a bond shall not be treated as a 
school infrastructure bond if the issue price has 
more than a de minimis amount (determined 
under rules similar to the rules of section 
1273(a)(3)) of premium over the stated prin-
cipal amount of the bond. 
‘‘(3) 6-YEAR EXPENDITURE PERIOD.— 
‘‘(A) IN
GENERAL.—An issue shall be 
treated as meeting the requirements of this 
paragraph if, as of the date of issuance, the 
issuer reasonably expects 100 percent of the 
available project proceeds to be spent for pur-
poses described in section 70112 of the Moving 
Forward Act within the 6-year period beginning 
on such date of issuance. 
‘‘(B) 
FAILURE
TO
SPEND
REQUIRED 
AMOUNT
OF
BOND
PROCEEDS
WITHIN
YEARS.—To the extent that less than 100 per-
cent of the available project proceeds of the 
issue are expended at the close of the period de-
scribed in subparagraph (A) with respect to 
such issue, the issuer shall redeem all of the 
nonqualified bonds within 90 days after the end 
of such period. For purposes of this paragraph, 
the amount of the nonqualified bonds required
2502 
to be redeemed shall be determined in the same 
manner as under section 142. 
‘‘(e) LIMITATION
ON AMOUNT
OF BONDS DES-
IGNATED.—The maximum aggregate face amount of 
bonds issued during any calendar year which may be des-
ignated under subsection (d) by any issuer shall not exceed 
the limitation amount allocated under subsection (g) for 
such calendar year to such issuer. 
‘‘(f) NATIONAL LIMITATION ON AMOUNT OF BONDS 
DESIGNATED.—The national qualified school infrastruc-
ture bond limitation for each calendar year is— 
‘‘(1) $10,000,000,000 for 2021, 
‘‘(2) $10,000,000,000 for 2022, and 
‘‘(3) $10,000,000,000 for 2023. 
‘‘(g) ALLOCATION OF LIMITATION.— 
‘‘(1) ALLOCATIONS.— 
‘‘(A) STATES.—After application of sub-
paragraph (B) and paragraph (3)(A), the limi-
tation applicable under subsection (f) for any 
calendar year shall be allocated by the Sec-
retary among the States in proportion to the re-
spective amounts received by all local edu-
cational agencies in each State under part A of 
title I of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311 et seq.) for
2503 
the previous fiscal year relative to the total such 
amount received by all local educational agen-
cies in for the most recent fiscal year ending 
before such calendar year. 
‘‘(B) CERTAIN POSSESSIONS.—One-half of 
1 percent of the amount of the limitation appli-
cable under subsection (f) for any calendar year 
shall be allocated by the Secretary to posses-
sions of the United States other than Puerto 
Rico for such calendar year. 
‘‘(2) ALLOCATIONS TO SCHOOLS.—The limita-
tion amount allocated to a State or possession under 
paragraph (1) shall be allocated by the State edu-
cational agency (or such other agency as is author-
ized under State law to make such allocation) to 
issuers within such State or possession in accord-
ance with the priorities described in section 
70111(c) of the Moving Forward Act and the eligi-
bility requirements described in section 70111(b) of 
such Act, except that paragraph (1)(C) of such sec-
tion shall not apply to the determination of eligibility 
for such allocation. 
‘‘(3) ALLOCATIONS FOR INDIAN SCHOOLS.— 
‘‘(A) IN GENERAL.—One-half of 1 percent 
of the amount of the limitation applicable under
2504 
subsection (f) for any calendar year shall be al-
located by the Secretary to the Secretary of the 
Interior for schools funded by the Bureau of In-
dian Affairs for such calendar year. 
‘‘(B) ALLOCATION TO SCHOOLS.—The lim-
itation amount allocated to the Secretary of the 
Interior under paragraph (1) shall be allocated 
by such Secretary to issuers or schools funded 
as described in paragraph (2). In the case of 
amounts allocated under the preceding sen-
tence, Indian tribal governments (as defined in 
section 7701(a)(40)) shall be treated as quali-
fied issuers for purposes of this subchapter. 
‘‘(4) DIGITAL LEARNING.—Up to 10 percent of 
the limitation amount allocated under paragraph (1) 
or (3)(A) may be allocated by the State to issuers 
within such State to carry out activities to improve 
digital learning in accordance with section 70112(b) 
of the Moving Forward Act. 
‘‘(h) INTEREST PAYMENT DATE.—For purposes of 
this section, the term ‘interest payment date’ means any 
date on which the holder of record of the school infrastruc-
ture bond is entitled to a payment of interest under such 
bond. 
‘‘(i) SPECIAL RULES.—
2505 
‘‘(1) INTEREST ON SCHOOL INFRASTRUCTURE 
BONDS
INCLUDIBLE
IN
GROSS
INCOME
FOR
FED-
ERAL INCOME TAX PURPOSES.—For purposes of this 
title, interest on any school infrastructure bond shall 
be includible in gross income. 
‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 
similar to the rules of subsections (f), (g), (h), and 
(i) of section 54A shall apply for purposes of the 
credit allowed under subsection (a).’’. 
(b) TRANSITIONAL
COORDINATION
WITH
STATE 
LAW.—Except as otherwise provided by a State after the 
date of the enactment of this Act, the interest on any 
school infrastructure bond (as defined in section 54BB of 
the Internal Revenue Code of 1986, as added by this sec-
tion) and the amount of any credit determined under such 
section with respect to such bond shall be treated for pur-
poses of the income tax laws of such State as being exempt 
from Federal income tax. 
(c) APPLICATION OF CERTAIN LABOR STANDARDS 
TO PROJECTS FINANCED WITH CERTAIN TAX-FAVORED 
BONDS.— 
(1) IN GENERAL.—Subchapter IV of chapter 31 
of the title 40, United States Code, shall apply to 
projects financed with the proceeds of—
2506 
(A) any school infrastructure bond (as de-
fined in section 54BB of the Internal Revenue 
Code of 1986); and 
(B) any qualified zone academy bond (as 
defined in section 54E of the Internal Revenue 
Code of 1986) issued after the date of the en-
actment of the American Recovery and Rein-
vestment Tax Act of 2009. 
(2) CONFORMING AMENDMENT.—Section 1601 
of the American Recovery and Reinvestment Tax 
Act of 2009 is amended by striking paragraph (3) 
and redesignating paragraphs (4) and (5) as para-
graphs (3) and (4), respectively. 
(d) CLERICAL AMENDMENTS.—The table of subparts 
for part IV of subchapter A of chapter 1 is amended by 
adding at the end the following: 
‘‘SUBPART J—SCHOOL INFRASTRUCTURE BONDS’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to obligations issued after Decem-
ber 31, 2020. 
SEC. 90113. ANNUAL REPORT ON BOND PROGRAM. 
(a) IN GENERAL.—Not later than September 30 of 
each fiscal year beginning after the date of the enactment 
of this Act, the Secretary of the Treasury shall submit 
to the appropriate congressional committees a report on 
the school infrastructure bond program.
2507 
(b) ELEMENTS.—The report under paragraph (1) 
shall include, with respect to the fiscal year preceding the 
year in which the report is submitted, the following: 
(1) An identification of— 
(A) each local educational agency that re-
ceived funds from a school infrastructure bond; 
and 
(B) each local educational agency that was 
eligible to receive such funds— 
(i) but did not receive such funds; or 
(ii) received less than the maximum 
amount of funds for which the agency was 
eligible. 
(2) With respect to each local educational agen-
cy described in paragraph (1)— 
(A) an assessment of the capacity of the 
agency to raise funds for the long-term im-
provement of public school facilities, as deter-
mined by an assessment of— 
(i) the current and historic ability of 
the agency to raise funds for construction, 
renovation, modernization, and major re-
pair projects for schools, including the abil-
ity of the agency to raise funds through 
imposition of property taxes;
2508 
(ii) whether the agency has been able 
to issue bonds to fund construction 
projects, including— 
(I) qualified zone academy bonds 
under section 54E of the Internal 
Revenue Code of 1986; and 
(II) school infrastructure bonds 
under section 54BB of the Internal 
Revenue Code of 1986; and 
(iii) the bond rating of the agency; 
(B) the demographic composition of the 
student population served by the agency, 
disaggregated by— 
(i) race; 
(ii) the number and percentage of stu-
dents counted under section 1124(c) of the 
Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6333(c)); and 
(iii) the number and percentage of 
students who are eligible for a free or re-
duced price lunch under the Richard B. 
Russell National School Lunch Act (42 
U.S.C. 1751 et seq.); 
(C) the population density of the geo-
graphic area served by the agency;
2509 
(D) a description of the projects carried 
out with funds received from school infrastruc-
ture bonds; 
(E) a description of the demonstrable or 
expected benefits of the projects; and 
(F) the estimated number of jobs created 
by the projects. 
(3) The total dollar amount of all funds re-
ceived by local educational agencies from school in-
frastructure bonds. 
(4) Any other factors that the Secretary of the 
Treasury determines to be appropriate. 
(c) INFORMATION COLLECTION.—A State or local 
educational agency that receives funds from a school infra-
structure bond shall— 
(1) annually compile the information necessary 
for the Secretary of the Treasury to determine the 
elements described in subsection (b); and 
(2) report the information to the Secretary of 
the Treasury at such time and in such manner as 
the Secretary of the Treasury may require. 
SEC. 90114. EXAMINING LOAN MODIFICATIONS TO THE 
HBCU CAPITAL FINANCING PROGRAM. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Education shall report to the
2510 
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate the results of an anal-
ysis to determine the potential benefits and costs of offer-
ing loan modifications under the HBCU Capital Financ-
ing Program under part D of title III of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1066 et seq.) as described 
in the report entitled ‘‘Action Needed to Improve Partici-
pation in Education’s HBCU Capital Financing Program’’ 
published by Government Accountability Office in June 
2018 (GAO–18–455). 
Subtitle C—Other Provisions Re-
lated to Infrastructure Financ-
ing 
SEC. 90121. CREDIT FOR OPERATIONS AND MAINTENANCE 
COSTS 
OF 
GOVERNMENT-OWNED 
BROADBAND. 
(a) IN GENERAL.—Subchapter B of chapter 65, as 
amended by the preceding provisions of this Act, is amend-
ed by adding at the end the following new section: 
‘‘SEC. 6431B. CREDIT FOR OPERATIONS AND MAINTENANCE 
COSTS 
OF 
GOVERNMENT-OWNED 
BROADBAND. 
‘‘(a) IN GENERAL.—In the case of any eligible gov-
ernmental entity, there shall be allowed a credit equal to
2511 
the applicable percentage of the qualified broadband ex-
penses paid or incurred by such entity during the taxable 
year which credit shall be payable by the Secretary as pro-
vided in subsection (b). 
‘‘(b) PAYMENT OF CREDIT.—Upon receipt from an 
eligible governmental entity of such information as the 
Secretary may require for purposes of carrying out this 
section, the Secretary shall pay to such entity the amount 
of the credit determined under subsection (a) for the tax-
able year. 
‘‘(c) 
LIMITATION.—The 
amount 
of 
qualified 
broadband expenses taken into account under this section 
for any taxable year with respect to any qualified 
broadband network shall not exceed the product of $400 
multiplied by the number of qualified households sub-
scribed to the qualified broadband service provided by 
such network (determined as of any time during such tax-
able year). 
‘‘(d) DEFINITIONS.—For purposes of this section— 
‘‘(1) APPLICABLE
PERCENTAGE.—The term 
‘applicable percentage’ means— 
‘‘(A) in the case of any taxable year begin-
ning in 2020 through 2025, 30 percent, 
‘‘(B) in the case of any taxable year begin-
ning in 2026, 26 percent, and
2512 
‘‘(C) in the case of any taxable year begin-
ning in 2027, 24 percent. 
‘‘(2) ELIGIBLE GOVERNMENTAL ENTITY.—The 
term ‘eligible governmental entity’ means— 
‘‘(A) any State, local, or Indian tribal gov-
ernment, 
‘‘(B) any political subdivision or instru-
mentality of any government described in sub-
paragraph (A), and 
‘‘(C) any entity wholly owned by one or 
more entities described in subparagraph (A) or 
(B). 
For purposes of this paragraph, the term ‘State’ in-
cludes any possession of the United States. 
‘‘(3) QUALIFIED BROADBAND EXPENSES.—The 
term ‘qualified broadband expenses’ means so much 
of the amounts paid or incurred for the operation 
and maintenance of a qualified broadband network 
as are properly allocable to qualified households sub-
scribed to the qualified broadband service provided 
by such network. 
‘‘(4) 
QUALIFIED
HOUSEHOLD.—The 
term 
‘qualified household’ means a personal residence 
which—
2513 
‘‘(A) is located in a low-income community 
(as defined in section 45D(e)), and 
‘‘(B) did not have access to qualified 
broadband service from the eligible govern-
mental entity (determined as of the beginning 
of the taxable year of such entity). 
‘‘(5) QUALIFIED BROADBAND NETWORK.—The 
term ‘qualified broadband network’ means property 
owned by an eligible governmental entity and used 
for the purpose of providing qualified broadband 
service. 
‘‘(6) QUALIFIED
BROADBAND
SERVICE.—The 
term ‘qualified broadband service’ means fixed, ter-
restrial broadband service providing downloads at a 
speed of at least 25 megabits per second and 
uploads at a speed of at least 3 megabits per second. 
‘‘(7) TAXABLE YEAR.—Except as otherwise pro-
vided by the Secretary, the term ‘taxable year’ 
means, with respect to any eligible governmental en-
tity, the fiscal year of such entity. 
‘‘(e) SPECIAL RULES.— 
‘‘(1) ALLOCATIONS.—For purposes of sub-
section (d)(3), amounts shall be treated as properly 
allocated if allocated ratably among the subscribers 
of the qualified broadband service.
2514 
‘‘(2) DENIAL OF DOUBLE BENEFIT.—Qualified 
broadband expenses shall not include any amount 
which is paid or reimbursed (directly or indirectly) 
by any grant from the Federal Government. 
‘‘(f) REGULATIONS.—The Secretary may prescribe 
such regulations and other guidance as may be necessary 
or appropriate to carry out this section. 
‘‘(g) TERMINATION.—No credit shall be allowed 
under this section for any taxable year beginning after De-
cember 31, 2027.’’. 
(b) PAYMENTS MADE UNDER SECTION 6431B(b) OF 
THE
INTERNAL
REVENUE
CODE
OF
1986.—Section 
255(h) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 905(h)) is amended by in-
serting: ‘‘Payments made under section 6431B(b) of the 
Internal Revenue Code of 1986’’ after the item related to 
Payments for Foster Care and Permanency. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 1324(b)(2) of title 31, United 
States Code, is amended by striking ‘‘or 6431A’’ 
and inserting ‘‘6431A, or 6431B’’. 
(2) The table of sections for subchapter B of 
chapter 65, as amended by the preceding provisions 
of this Act, is amended by adding at the end the fol-
lowing new item:
2515 
‘‘Sec. 6431B. Credit for operations and maintenance costs of government- 
owned broadband.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2019. 
SEC. 90122. TREATMENT OF FINANCIAL GUARANTY INSUR-
ANCE COMPANIES AS QUALIFYING INSUR-
ANCE CORPORATIONS UNDER PASSIVE FOR-
EIGN INVESTMENT COMPANY RULES. 
(a) IN GENERAL.—Section 1297(f)(3) is amended by 
adding at the end the following new subparagraph: 
‘‘(C) SPECIAL RULE FOR FINANCIAL GUAR-
ANTY INSURANCE COMPANIES.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraphs (A)(ii) and (B), the applica-
ble insurance liabilities of a financial guar-
anty insurance company shall include its 
unearned premium reserves if— 
‘‘(I) such company is prohibited 
under generally accepted accounting 
principles from reporting on its appli-
cable financial statements reserves for 
losses and loss adjustment expenses 
with respect to a financial guaranty 
insurance or reinsurance contract ex-
cept to the extent that such reserve
2516 
amounts are expected to exceed the 
unearned premium reserves on the 
contract, 
‘‘(II) the applicable financial 
statement of such company reports fi-
nancial guaranty exposure of at least 
15-to-1, and 
‘‘(III) such company includes in 
its insurance liabilities only its un-
earned premium reserves relating to 
insurance written or assumed that is 
within the single risk limits set forth 
in subsection (D) of section 4 of the 
Financial Guaranty Insurance Guide-
line (modified by using total share-
holder’s equity as reported on the ap-
plicable financial statement of the 
company rather than aggregate of the 
surplus to policyholders and contin-
gency reserves). 
‘‘(ii) FINANCIAL
GUARANTY
INSUR-
ANCE
COMPANY.—For purposes of this 
subparagraph, the term ‘financial guaranty 
insurance company’ means any insurance 
company the sole business of which is writ-
2517 
ing or reinsuring financial guaranty insur-
ance (as defined in subsection (A) of sec-
tion 1 of the Financial Guaranty Insurance 
Guideline) which is permitted under sub-
section (B) of section 4 of such Guideline. 
‘‘(iii) FINANCIAL
GUARANTY
EXPO-
SURE.—For purposes of this subpara-
graph, the term ‘financial guaranty expo-
sure’ means the ratio of— 
‘‘(I) the net debt service out-
standing insured or reinsured by the 
company that is within the single risk 
limits set forth in the Financial Guar-
anty Insurance Guideline (as reported 
on such company’s applicable financial 
statement), to 
‘‘(II) the company’s total assets 
(as so reported). 
‘‘(iv) FINANCIAL
GUARANTY
INSUR-
ANCE
GUIDELINE.—For purposes of this 
subparagraph— 
‘‘(I) IN
GENERAL.—The term 
‘Financial Guaranty Insurance Guide-
line’ means the October 2008 model 
regulation that was adopted by the
2518 
National Association of Insurance 
Commissioners on December 4, 2007. 
‘‘(II) DETERMINATIONS MADE BY 
SECRETARY.—The determination of 
whether any provision of the Financial 
Guaranty Insurance Guideline has 
been satisfied shall be made by the 
Secretary.’’. 
(b) 
REPORTING
OF
CERTAIN
ITEMS.—Section 
1297(f)(4) is amended by adding at the end the following 
new subparagraph: 
‘‘(C) CLARIFICATION THAT CERTAIN ITEMS 
ON
APPLICABLE
FINANCIAL
STATEMENT
BE 
SEPARATELY
REPORTED
WITH
RESPECT
TO 
CORPORATION.—An amount described in para-
graph (1)(B) or clause (i)(II), (i)(III), (iii)(I), 
or (iii)(II) of paragraph (3)(C) shall not be 
treated as reported on an applicable financial 
statement for purposes of this section unless 
such amount is separately reported on such 
statement with respect to the corporation re-
ferred to in paragraph (1). 
‘‘(D) AUTHORITY OF SECRETARY TO RE-
QUIRE REPORTING.—
2519 
‘‘(i) 
IN
GENERAL.—Each 
United 
States person who owns an interest in a 
specified non-publicly traded foreign cor-
poration and who takes the position that 
such corporation is not a passive foreign 
investment company shall report to the 
Secretary such information with respect to 
such corporation as the Secretary may re-
quire. 
‘‘(ii) SPECIFIED NON-PUBLICLY TRAD-
ED FOREIGN CORPORATION.—For purposes 
of this subparagraph, the term ‘specified 
non-publicly traded foreign corporation’ 
means any foreign corporation— 
‘‘(I) which would be a passive 
foreign investment company if sub-
section (b)(2)(B) did not apply, and 
‘‘(II) no interest in which is trad-
ed on an established securities mar-
ket.’’. 
(c) EFFECTIVE DATE.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by 
this section shall take effect as if included in section 
14501 of Public Law 115–97.
2520 
(2) REPORTING.—The amendment made by 
subsection (b) shall apply to reports made after the 
date of the enactment of this Act. 
SEC. 90123. INFRASTRUCTURE GRANTS TO IMPROVE CHILD 
CARE SAFETY. 
(a) IN GENERAL.—Part A of title IV of the Social 
Security Act (42 U.S.C. 601 et seq.) is amended by insert-
ing after section 418 the following: 
‘‘SEC. 418A. INFRASTRUCTURE GRANTS TO IMPROVE CHILD 
CARE SAFETY. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘Infrastructure Grants To Improve Child Care Safety Act 
of 2020’. 
‘‘(b) NEEDS ASSESSMENTS.— 
‘‘(1) IMMEDIATE NEEDS ASSESSMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct an immediate needs assessment of the 
condition of child care facilities throughout the 
United States (with priority given to child care 
facilities that receive Federal funds), that— 
‘‘(i) determines the extent to which 
the COVID–19 pandemic has created im-
mediate infrastructure needs, including in-
frastructure-related 
health 
and 
safety 
needs, which must be addressed for child
2521 
care facilities to operate in compliance with 
public health guidelines; 
‘‘(ii) considers the effects of the pan-
demic on a variety of child care centers, in-
cluding home-based centers; and 
‘‘(iii) considers how the pandemic has 
impacted specific metrics, such as— 
‘‘(I) capacity; 
‘‘(II) investments in infrastruc-
ture changes; 
‘‘(III) the types of infrastructure 
changes centers need to implement 
and their associated costs; 
‘‘(IV) the price of tuition; and 
‘‘(V) any changes or anticipated 
changes in the number and demo-
graphic of children attending. 
‘‘(B) TIMING.—The immediate needs as-
sessment should occur simultaneously with the 
first grant-making cycle under subsection (c). 
‘‘(C) REPORT.—Not later than 1 year 
after the date of the enactment of this section, 
the Secretary shall submit to the Congress a re-
port containing the result of the needs assess-
2522 
ment conducted under subparagraph (A), and 
make the assessment publicly available. 
‘‘(2) LONG-TERM NEEDS ASSESSMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
conduct a long-term assessment of the condition 
of child care facilities throughout the United 
States (with priority given to child care facili-
ties that receive Federal funds). The assess-
ment may be conducted through representative 
random sampling. 
‘‘(B) REPORT.—Not later than 4 years 
after the date of the enactment of this section, 
the Secretary shall submit to the Congress a re-
port containing the results of the needs assess-
ment conducted under subparagraph (A), and 
make the assessment publicly available. 
‘‘(c) CHILD CARE FACILITIES GRANTS.— 
‘‘(1) GRANTS TO STATES.— 
‘‘(A) IN
GENERAL.—The Secretary may 
award grants to States for the purpose of ac-
quiring, constructing, renovating, or improving 
child care facilities, including adapting, re-
configuring, or expanding facilities to respond 
to the COVID–19 pandemic.
2523 
‘‘(B) PRIORITIZED FACILITIES.—The Sec-
retary may not award a grant to a State under 
subparagraph (A) unless the State involved 
agrees, with respect to the use of grant funds, 
to prioritize— 
‘‘(i) child care facilities primarily serv-
ing low-income populations; 
‘‘(ii) child care facilities primarily 
serving children who have not attained the 
age of 5 years; 
‘‘(iii) child care facilities that closed 
during the COVID–19 pandemic and are 
unable to open without making modifica-
tions to the facility that would otherwise be 
required to ensure the health and safety of 
children and staff; and 
‘‘(iv) child care facilities that serve the 
children of parents classified as essential 
workers during the COVID–19 pandemic. 
‘‘(C) DURATION
OF
GRANTS.—A grant 
under this subsection shall be awarded for a pe-
riod of not more than 5 years. 
‘‘(D) APPLICATION.—To seek a grant 
under this subsection, a State shall submit to 
the Secretary an application at such time, in
2524 
such manner, and containing such information 
as the Secretary may require, which informa-
tion shall— 
‘‘(i) be disaggregated as the Secretary 
may require; and 
‘‘(ii) include a plan to use a portion of 
the grant funds to report back to the Sec-
retary on the impact of using the grant 
funds to improve child care facilities. 
‘‘(E) PRIORITY.—In selecting States for 
grants under this subsection, the Secretary 
shall prioritize States that— 
‘‘(i) plan to improve center-based and 
home-based child care programs, which 
may include a combination of child care 
and early Head Start or Head Start pro-
grams; 
‘‘(ii) aim to meet specific needs across 
urban, suburban, or rural areas as deter-
mined by the State; and 
‘‘(iii) show evidence of collaboration 
with— 
‘‘(I) local government officials; 
‘‘(II) other State agencies;
2525 
‘‘(III) nongovernmental organiza-
tions, such as— 
‘‘(aa) organizations within 
the philanthropic community; 
‘‘(bb) certified community 
development financial institutions 
as defined in section 103 of the 
Community Development Bank-
ing and Financial Institutions 
Act of 1994 (12 U.S.C. 4702) 
that have been certified by the 
Community Development Finan-
cial Institutions Fund (12 U.S.C. 
4703); and 
‘‘(cc) 
organizations 
that 
have 
demonstrated 
experience 
in— 
‘‘(AA) providing tech-
nical or financial assistance 
for the acquisition, construc-
tion, renovation, or improve-
ment of child care facilities; 
‘‘(BB) providing tech-
nical, financial, or manage-
2526 
rial assistance to child care 
providers; and 
‘‘(CC) securing private 
sources of capital financing 
for child care facilities or 
other low-income community 
development projects; and 
‘‘(IV) local community organiza-
tions, such as— 
‘‘(aa) child care providers; 
‘‘(bb) community care agen-
cies; 
‘‘(cc) resource and referral 
agencies; and 
‘‘(dd) unions. 
‘‘(F) CONSIDERATION.—In selecting States 
for grants under this subsection, the Secretary 
shall consider— 
‘‘(i) whether the applicant— 
‘‘(I) has or is developing a plan 
to address child care facility needs; 
and 
‘‘(II) demonstrates the capacity 
to execute such a plan; and
2527 
‘‘(ii) after the date the report required 
by subsection (b)(1)(C) is submitted to the 
Congress, the needs of the applicants 
based on the results of the assessment. 
‘‘(G) DIVERSITY OF AWARDS.—In award-
ing grants under this section, the Secretary 
shall give equal consideration to States with 
varying capacities under subparagraph (F). 
‘‘(H) MATCHING REQUIREMENT.— 
‘‘(i) IN GENERAL.—As a condition for 
the receipt of a grant under subparagraph 
(A), a State that is not an Indian tribe 
shall agree to make available (directly or 
through donations from public or private 
entities) contributions with respect to the 
cost of the activities to be carried out pur-
suant to subparagraph (A), which may be 
provided in cash or in kind, in an amount 
equal to 10 percent of the funds provided 
through the grant. 
‘‘(ii) DETERMINATION
OF
AMOUNT 
CONTRIBUTED.—Contributions required by 
clause (i) may include— 
‘‘(I) amounts provided by the 
Federal Government, or services as-