as determined to be appropriate by 
the Secretary. 
(B) DEDICATED SOURCE OF REVENUE.— 
An eligible project for which a loan is provided 
under the HIFIA pilot program shall have a 
dedicated source of revenue separate from any 
financial assistance received under the HIFIA 
pilot program. 
(g) USE OF FINANCIAL ASSISTANCE.— 
(1) IN
GENERAL.—A grant or loan provided 
under the HIFIA pilot program may be used for any 
eligible project costs. 
(2) ELIGIBLE
ACTIVITIES.—A grant or loan 
provided under the HIFIA pilot program may be 
used to carry out any of the following activities with 
respect to an eligible project: 
(A) Development phase activities, includ-
ing— 
(i) planning; 
(ii) preliminary engineering; 
(iii) design; 
(iv) environmental review; 
(v) revenue forecasting; and 
(vi) other preconstruction activities. 
VerDate Sep 11 2014 
03:20 Feb 07, 2024
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H7200.IH
H7200
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) Construction, reconstruction, rehabili-
tation, and replacement activities, including the 
training of construction personnel in handling 
and safety. 
(C) Acquisition of— 
(i) real property or an interest in real 
property; or 
(ii) equipment. 
(D) Environmental mitigation activities. 
(E) Activities relating to construction con-
tingencies. 
(h) FEDERAL REQUIREMENTS.— 
(1) IN GENERAL.—Nothing in this section su-
persedes the applicability of any other requirement 
under Federal law (including regulations). 
(2) NEPA.—Federal assistance may only be 
provided under the HIFIA pilot program for a 
project that has received an environmental categor-
ical exclusion, a finding of no significant impact, or 
a record of decision under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(i) LEAK DETECTION.—Each eligible entity that re-
ceives a loan or grant under the HIFIA pilot program 
shall conduct— 
VerDate Sep 11 2014 
03:20 Feb 07, 2024
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H7200.IH
H7200
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) a hydrogen leakage monitoring, reporting, 
and verification (also known as ‘‘MRV’’) program; 
and 
(2) a hydrogen leak detection and repair (also 
known as ‘‘LDAR’’) program. 
(j) MAXIMUM FEDERAL INVOLVEMENT.—The max-
imum Federal share of an eligible project for which a loan 
is provided under the HIFIA pilot program shall not ex-
ceed 80 percent of the eligible costs of the project. 
(k) AMENDMENT.—Section 1703(b)(3) of the Energy 
Policy Act of 2005 (42 U.S.C. 16513(b)(3)) is amended 
by striking ‘‘Hydrogen fuel’’ and inserting ‘‘Hydrogen 
technologies applicable to 1 or more end-use sectors, such 
as power generation, transportation, aviation, storage, in-
dustrial, and chemicals, including hydrogen fuel’’. 
(l) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—The Secretary and the Na-
tional Laboratories may provide technical assistance 
under the HIFIA pilot program to assess the grad-
ing and readiness of existing infrastructure to trans-
port, store, or deliver hydrogen with respect to infor-
mal State and regional planning for investments in 
that grading and readiness. 
VerDate Sep 11 2014 
03:20 Feb 07, 2024
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H7200.IH
H7200
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) PRIORITY.—In providing technical assist-
ance under paragraph (1), the Secretary and the 
National Laboratories shall prioritize— 
(A) preexisting infrastructure corridors; 
(B) geologic storage potential for hydro-
gen; and 
(C) industrial clusters. 
(m) REGULATORY ASSESSMENT TO ENCOURAGE HY-
DROGEN TRANSPORTATION INFRASTRUCTURE DEPLOY-
MENT.—Not later than 270 days after the date of enact-
ment of this Act, each of the Federal Energy Regulatory 
Commission, the Surface Transportation Board, and the 
Administrator of the Pipeline and Hazardous Materials 
Safety Administration, in coordination with the Secretary, 
shall— 
(1) assess jurisdiction over the siting, construc-
tion, safety, and regulation of hydrogen transpor-
tation infrastructure, including, at a minimum, the 
blending of hydrogen in natural gas pipelines; 
(2) if that assessment indicates that additional 
authority is needed to support the deployment of hy-
drogen transportation infrastructure, submit to Con-
gress a report describing the needed authority; and 
(3) identify the eligibility of, and process for, 
hydrogen transportation infrastructure to receive 
VerDate Sep 11 2014 
03:20 Feb 07, 2024
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H7200.IH
H7200
kjohnson on DSK7ZCZBW3PROD with $$_JOB
cost recovery under the HIFIA pilot program 
through Commission-regulated rates, Board-regu-
lated rates, or other applicable regulated rates, as 
appropriate, for the transportation of hydrogen in 
interstate commerce. 
(n) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out the HIFIA pilot program $100,000,000 for each of 
fiscal years 2024 through 2028. 
Æ 
VerDate Sep 11 2014 
03:20 Feb 07, 2024
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6301
E:\BILLS\H7200.IH
H7200
kjohnson on DSK7ZCZBW3PROD with $$_JOB