1000 
(2) not less than $2 per metric ton of coal pro-
duced from Federal lands. 
(p) IDLED WELL FEES.— 
(1) IN
GENERAL.—The Secretary shall, not 
later than 180 days after the date of enactment of 
this section, issue regulations to require each oper-
ator of an idled well on Federal land and the Outer 
Continental Shelf to pay an annual, nonrefundable 
fee for each such idled well in accordance with this 
subsection. 
(2) AMOUNTS.—Except as provided in para-
graph (5), the amount of the fee shall be as follows: 
(A) $500 for each well that has been con-
sidered an idled well for at least 1 year, but not 
more than 5 years. 
(B) $1,500 for each well that has been 
considered an idled well for at least 5 years, but 
not more than 10 years. 
(C) $3,500 for each well that has been 
considered an idled well for at least 10 years, 
but not more than 15 years. 
(D) $7,500 for each well that has been 
considered an idled well for at least 15 years. 
(3) DUE DATE.—An owner of an idled well that 
is required to pay a fee under this subsection shall 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01000
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1001 
submit to the Secretary such fee by not later than 
October 1 of each year. 
(4) CIVIL PENALTY.—If the operator of a idled 
well fails to pay the full amount of a fee under this 
subsection, the Secretary may assess a civil penalty 
against the operator under section 109 of the Fed-
eral Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1719) as if such failure to pay were a 
violation under such section. 
(5) ADJUSTMENT FOR INFLATION.—The Sec-
retary shall, by regulation not less than once every 
4 years, adjust each fee under this subsection to ac-
count for inflation. 
(6) DEPOSIT.—All funds collected pursuant to 
paragraph (1) shall be deposited into the United 
States Treasury General Fund. 
(7) IDLED WELL DEFINITION.—For the pur-
poses of this section, the term ‘‘idled well’’ means a 
well that has been non-operational for at least two 
consecutive years and for which there is no antici-
pated beneficial future use. 
(q) ANNUAL PIPELINE OWNERS FEE.—Not later 
than 180 days after the date of enactment of this Act, 
the Bureau of Safety and Environmental Enforcement 
shall issue regulations to assess an annual fee on owners 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01001
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1002 
of offshore oil and gas pipelines. Such fee shall not qualify 
as a transportation allowance or as a deductible cost in 
calculating royalties due to the United States and shall 
be no less than— 
(1) $10,000 per mile for such pipelines in water 
with a depth of 500 feet or greater; and 
(2) $1,000 per mile for pipelines in water depth 
of under 500 feet. 
(r) ROYALTIES ON ALL EXTRACTED METHANE.— 
(1) ASSESSMENT ON ALL PRODUCTION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), royalties paid for gas pro-
duced from Federal lands and on the Outer 
Continental Shelf shall be assessed on all gas 
produced, including— 
(i) gas used or consumed within the 
area of the lease tract for the benefit of 
the lease; and 
(ii) all gas that is consumed or lost by 
venting, 
flaring, 
or 
fugitive 
releases 
through any equipment during upstream 
operations. 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply with respect to— 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01002
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1003 
(i) gas vented or flared for not longer 
than 48 hours in an acute emergency situ-
ation that poses a danger to human health; 
and 
(ii) gas used or consumed within the 
area of the lease tract for the benefit of 
the lease when the operator is a Tribe or 
is controlled by a Tribe that is located en-
tirely on the lands of such Tribe. 
(2) CONFORMING AMENDMENTS.— 
(A) MINERAL LEASING ACT.—The Mineral 
Leasing Act is amended— 
(i) in section 14 (30 U.S.C. 223), by 
adding at the end the following: ‘‘Royalties 
shall be assessed with respect to oil and 
gas, other than gas vented or flared for not 
longer than 48 hours in an acute emer-
gency situation that poses a danger to 
human health and gas used or gas con-
sumed within the area of the lease tract 
for the benefit of the lease when the oper-
ator is a Tribe or is controlled by a Tribe 
that is located entirely on the lands of such 
Tribe, without regard to whether oil or gas 
is removed or sold from the leased land.’’; 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01003
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1004 
(ii) in section 22 (30 U.S.C. 251), by 
striking ‘‘sold or removed’’; and 
(iii) in section 31 (30 U.S.C. 188), by 
striking ‘‘removed or sold’’ each place it 
appears. 
(B) OUTER CONTINENTAL SHELF LANDS 
ACT.—The Outer Continental Shelf Lands Act 
is amended— 
(i) in section 6(a)(8) (43 U.S.C. 
1335(a)(8)), by striking ‘‘saved, removed, 
or sold’’ each place it appears; and 
(ii) 
in 
section 
8(a) 
(43 
U.S.C. 
1337(a))— 
(I) in paragraph (1), by striking 
‘‘saved, removed, or sold’’ each place 
it appears; and 
(II) by adding at the end the fol-
lowing: 
‘‘(9) Royalties under this Act shall be assessed 
with respect to oil and gas, other than gas vented 
or flared for not longer than 48 hours in an acute 
emergency situation that poses a danger to human 
health and gas used or gas consumed within the 
area of the lease tract for the benefit of the lease 
when the operator is a Tribe or is controlled by a 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01004
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1005 
Tribe that is located entirely on the lands of such 
Tribe, without regard to whether oil or gas is re-
moved or sold from the leased land.’’. 
(s) ELIMINATION OF ROYALTY RELIEF.— 
(1) IN GENERAL.— 
(A) OUTER CONTINENTAL SHELF LANDS 
ACT RELATING TO THE SUSPENSION OF ROYAL-
TIES.—Section 8(a)(1)(H) of the Outer Conti-
nental 
Shelf 
Lands 
Act 
(43 
U.S.C. 
1337(a)(1)(H)) is amended by striking ‘‘, and 
with suspension of royalties for a period, vol-
ume, or value of production determined by the 
Secretary, which suspensions may vary based 
on the price of production from the lease’’. 
(B) OUTER CONTINENTAL SHELF LANDS 
ACT RELATING TO THE SUSPENSION OF ROYAL-
TIES.—Section 8(a)(1)(H) of the Outer Conti-
nental 
Shelf 
Lands 
Act 
(43 
U.S.C. 
1337(a)(1)(H)) is amended by striking ‘‘, and 
with suspension of royalties for a period, vol-
ume, or value of production determined by the 
Secretary, which suspensions may vary based 
on the price of production from the lease’’. 
(C) OUTER CONTINENTAL SHELF LANDS 
ACT.—Section 8(a)(3) of the Outer Continental 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01005
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1006 
Shelf Lands Act (43 U.S.C. 1337(a)(3)) is 
amended— 
(i) by striking subparagraphs (A) and 
(B); and 
(ii) by redesignating subparagraph 
(C) as subparagraph (A). 
(D) ENERGY POLICY ACT OF 2005.— 
(i) INCENTIVES
FOR
NATURAL
GAS 
PRODUCTION FROM DEEP WELLS IN THE 
SHALLOW WATERS OF THE GULF OF MEX-
ICO.—Section 344 of the Energy Policy 
Act of 2005 (42 U.S.C. 15904) is repealed. 
(ii) DEEP WATER PRODUCTION.—Sec-
tion 345 of the Energy Policy Act of 2005 
(42 U.S.C. 15905) is repealed. 
(2) FUTURE PROVISIONS.—Royalty relief shall 
not be permitted under a lease issued under section 
8 of the Outer Continental Shelf Lands Act (43 
U.S.C. 1337). 
(3) PROVISIONS RELATING TO NAVAL PETRO-
LEUM
RESERVE
IN
ALASKA.—Section 107 of the 
Naval Petroleum Reserves Production Act of 1976 
(42 U.S.C. 6506a) is amended— 
(A) in subsection (i), by striking para-
graphs (2) through (6); and 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01006
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1007 
(B) by striking subsection (k). 
(4) ROYALTY
RELIEF
UNDER
THE
MINERAL 
LEASING ACT.— 
(A) REPEAL.—Section 39 of the Mineral 
Leasing Act (30 U.S.C. 209) is repealed. 
(B) CONFORMING AMENDMENTS.— 
(i) Section 8721(b) of title 10, United 
States Code, is amended by striking ‘‘202– 
209’’ and inserting ‘‘202–208’’. 
(ii) Section 8735(a) of title 10, United 
States Code, is amended by striking ‘‘202– 
209’’ and inserting ‘‘202–208’’. 
(iii) Section 31(h) of the Mineral 
Leasing Act (30 U.S.C. 188(h)) is amend-
ed by striking ‘‘and the provisions of sec-
tion 39 of this Act’’. 
SEC. 70805. CIVIL AND CRIMINAL PENALTIES. 
(a) MINERAL LEASING ACT.—Section 41 of the Min-
eral Leasing Act (30 U.S.C. 195) is amended— 
(1) in subsection (b), by striking ‘‘$500,000’’ 
and inserting ‘‘$1,000,000’’; and 
(2) in subsection (c), by striking ‘‘$100,000’’ 
and inserting ‘‘$250,000’’. 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01007
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1008 
(b) FEDERAL OIL AND GAS ROYALTY MANAGEMENT 
ACT OF 1982.—The Federal Oil and Gas Royalty Man-
agement Act of 1982 is amended— 
(1) in section 109 (30 U.S.C. 1719)— 
(A) in subsection (a)(2), by striking 
‘‘$500’’ and inserting ‘‘$1,500’’; 
(B) 
in 
subsection 
(b), 
by 
striking 
‘‘$5,000’’and inserting ‘‘$15,000’’; 
(C) in subsection (c)(3), by striking 
‘‘$10,000’’ and inserting ‘‘$30,000’’; 
(D) in subsection (d)(3), by striking 
‘‘$25,000’’ and inserting ‘‘$75,000’’; 
(E) by redesignating existing subsections 
(e) through (l) as (f) through (m), respectively; 
and 
(F) by adding at the end: 
‘‘(n) INFLATION ADJUSTMENT OF MAXIMUM PEN-
ALTIES.— 
‘‘(1) The maximum civil penalty amounts listed 
in subsections (a) through (d) shall automatically 
adjust for inflation on the 1st day of each calendar 
year in accordance with the provisions of this sub-
section. 
‘‘(2) The inflation adjustment under this sub-
section shall be based on the Consumer Price Index 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01008
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1009 
published by the Department of Labor for all Urban 
Consumers (CPI–U) and shall be calculated by the 
percentage change, if any, by which the CPI–U for 
the month of October preceding the adjustment date 
exceeds the CPI–U for the month of October one 
year before. 
‘‘(3) The Secretary will provide sufficient notice 
of adjusted penalties by publishing the adjusted 
maximum civil penalty amounts on a public website 
of the Department. 
‘‘(4) The Secretary will provide notice, in writ-
ing, to the Committee on Natural Resources of the 
Department’s intent to adjust such penalties 180 
days before publishing the adjusted maximum civil 
penalty amounts on a public website of the Depart-
ment under paragraph (3).’’; and 
(2) in section 110, by striking ‘‘$50,000’’ and 
inserting ‘‘$150,000’’. 
(c) OUTER CONTINENTAL SHELF LANDS ACT.— 
(1) 
CIVIL
PENALTY, 
GENERALLY.—Section 
24(b) of the Outer Continental Shelf Lands Act (43 
U.S.C. 1350(b)) is amended to read as follows: 
‘‘(b) CIVIL PENALTIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any person who fails to comply with any 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01009
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1010 
provision of this Act, or any term of a lease, license, 
or permit issued pursuant to this Act, or any regula-
tion or order issued under this Act, shall be liable 
for a civil administrative penalty of not more than 
$75,000 for each day of the continuance of such fail-
ure. The Secretary may assess, collect, and com-
promise any such penalty. 
‘‘(2) OPPORTUNITY FOR A HEARING.—No pen-
alty shall be assessed until the person charged with 
a violation has been given an opportunity for a hear-
ing. 
‘‘(3) ADJUSTMENT FOR INFLATION.—The Sec-
retary shall, by regulation at least every 3 years, ad-
just the penalty specified in this paragraph to reflect 
any increases in inflation. 
‘‘(4) THREAT OF HARM.—If a failure described 
in paragraph (1) constitutes or constituted a threat 
of harm or damage to life, property, any mineral de-
posit, or the marine, coastal, or human environment, 
a civil penalty of not more than $150,000 shall be 
assessed for each day of the continuance of the fail-
ure.’’. 
(2) KNOWING AND WILLFUL VIOLATIONS.—Sec-
tion 24(c) of the Outer Continental Shelf Lands Act 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01010
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1011 
(43 U.S.C. 1350(c)) is amended by striking 
‘‘$100,000’’ and inserting ‘‘$1,000,000’’. 
(3) OFFICERS
AND
AGENTS
OF
CORPORA-
TIONS.—Section 24(d) of the Outer Continental 
Shelf Lands Act (43 U.S.C. 1350(d)) is amended by 
striking ‘‘knowingly and willfully authorized, or-
dered, or carried out’’ and inserting ‘‘authorized, or-
dered, carried out, or through reckless disregard of 
the law caused’’. 
SEC. 70806. TECHNICAL AMENDMENTS TO FOGRMA. 
(a) AMENDMENTS TO DEFINITIONS.—Section 3 of 
the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1702) is amended— 
(1) in paragraph (20)(A), by striking ‘‘: Pro-
vided, That’’ and all that follows through ‘‘subject of 
the judicial proceeding’’; 
(2) in paragraph (20)(B), by striking ‘‘(with 
written notice to the lessee who designated the des-
ignee)’’; 
(3) in paragraph (23)(A), by striking ‘‘(with 
written notice to the lessee who designated the des-
ignee)’’; 
(4) by amending paragraph (24) to read as fol-
lows: 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01011
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1012 
‘‘(24) ‘designee’ means a person who pays, off-
sets, or credits monies, makes adjustments, requests 
and receives refunds, or submits reports with respect 
to payments a lessee must make pursuant to section 
102(a);’’; 
(5) in paragraph (25), in subparagraph (B)— 
(A) by striking ‘‘(subject to the provisions 
of section 102(a) of this Act)’’; and 
(B) in clause (ii), by striking subclause 
(IV) and all that follows through the end of the 
subparagraph and inserting the following: 
‘‘(IV) any assignment, that arises 
from or relates to any lease, ease-
ment, right-of-way, permit, or other 
agreement regardless of form adminis-
tered by the Secretary for, or any 
mineral leasing law related to, the ex-
ploration, production, and develop-
ment of oil and gas or other energy 
resource on Federal lands or the 
Outer Continental Shelf;’’; and 
(6) in paragraph (29), by inserting ‘‘or permit’’ 
after ‘‘lease’’. 
(b) COMPLIANCE REVIEWS.—Section 101 of the Fed-
eral Oil and Gas Royalty Management Act of 1982 (30 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01012
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1013 
U.S.C. 1711) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) The Secretary may, as an adjunct to audits of 
accounts for leases, conduct compliance reviews of ac-
counts. Such reviews shall not constitute nor substitute 
for audits of lease accounts. The Secretary shall imme-
diately refer any disparity uncovered in such a compliance 
review to a program auditor. The Secretary shall, before 
completion of a compliance review, provide notice of the 
review to designees whose obligations are the subject of 
the review.’’. 
(c) LIABILITY FOR ROYALTY PAYMENTS.—Section 
102(a) of the Federal Oil and Gas Royalty Management 
Act of 1982 (30 U.S.C. 1712(a)) is amended to read as 
follows: 
‘‘(a) LIABILITY FOR ROYALTY PAYMENTS.— 
‘‘(1) TIME
AND
MANNER
OF
PAYMENT.—In 
order to increase receipts and achieve effective col-
lections of royalty and other payments, a lessee who 
is required to make any royalty or other payment 
under a lease, easement, right-of-way, permit, or 
other agreement, regardless of form, or under the 
mineral leasing laws, shall make such payment in 
the time and manner as may be specified by the Sec-
retary or the applicable delegated State. 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01013
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1014 
‘‘(2) DESIGNEE.—Any person who pays, offsets, 
or credits monies, makes adjustments, requests and 
receives refunds, or submits reports with respect to 
payments the lessee must make is the lessee’s des-
ignee under this Act. 
‘‘(3) LIABILITY.—A designee shall be liable for 
any payment obligation of any lessee on whose be-
half the designee pays royalty under the lease. The 
person owning operating rights in a lease and a per-
son owning legal record title in a lease shall be liable 
for that person’s pro rata share of payment obliga-
tions under the lease.’’. 
(d) RECORDKEEPING.—Section 103(b) of the Federal 
Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
1713(b)) is amended by striking ‘‘6’’ and inserting ‘‘7’’. 
(e) ADJUSTMENTS AND REFUNDS.—Section 111A of 
the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1721a) is amended— 
(1) in subsection (a)— 
(A) by amending paragraph (3) to read as 
follows: 
‘‘(3)(A) An adjustment or a request for a re-
fund for an obligation may be made after the adjust-
ment period only upon written notice to and ap-
proval by the Secretary or the applicable delegated 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01014
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1015 
State, as appropriate, during an audit of the period 
which includes the production month for which the 
adjustment is being made. 
‘‘(B) Except as provided in subparagraph (C), 
no adjustment may be made with respect to an obli-
gation after the completion of an audit or compli-
ance review of such obligation unless such adjust-
ment is approved by the Secretary or the applicable 
delegated State, as appropriate. 
‘‘(C) If an overpayment is identified during an 
audit, the Secretary shall allow a credit in the 
amount of the overpayment.’’; and 
(B) in paragraph (4)— 
(i) by striking ‘‘six-year’’ and insert-
ing ‘‘four-year’’; and 
(ii) by striking ‘‘period shall’’ and in-
serting ‘‘period may’’; and 
(2) in subsection (b)(1)— 
(A) in subparagraph (C), by striking 
‘‘and’’; 
(B) in subparagraph (D), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) is made within the adjustment period 
for that obligation.’’. 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01015
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1016 
(f) OBLIGATION PERIOD.— 
(1) Section 115(b)(1) of the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 
1724(b)(1)) is amended to read as follows: 
‘‘(1) The Secretary or a delegated State shall 
commence a judicial proceeding or demand which 
arises from, or relates to an obligation, within seven 
years from the date on which the obligation becomes 
due and if not so commenced shall be barred. A les-
see shall commence a judicial proceeding or demand 
which arises from, or relates to an obligation, within 
four years from the date on which an obligation be-
comes due and if not so commenced shall be barred. 
If the Secretary, a delegated State, a lessee, or des-
ignee is barred from commencement of a judicial 
proceeding or demand for an obligation, it— 
‘‘(A) shall not take any other or further 
action regarding that obligation, including (but 
not limited to) the issuance of any order, re-
quest, demand or other communication seeking 
any document, accounting, determination, cal-
culation, recalculation, payment, principal, in-
terest, assessment, or penalty or the initiation, 
pursuit or completion of an audit with respect 
to that obligation; and 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01016
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1017 
‘‘(B) shall not pursue any other equitable 
or 
legal 
remedy, 
including 
equitable 
recoupment, whether under statute or common 
law, with respect to an action on, defense 
against, or an enforcement of said obligation.’’. 
(2) Section 115(c) of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 
1724(c)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) ADJUSTMENTS.—In the case of an adjust-
ment under section 111A(a) in which a recoupment 
by the lessee results in an underpayment of an obli-
gation, the obligation becomes due on the date the 
lessee or its designee makes the adjustment.’’. 
(g) APPEALS.—Section 115(h) of the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 
1724(h)) is amended— 
(1) in paragraph (1), in the heading, by strik-
ing ‘‘33-MONTH’’ and inserting ‘‘48-MONTH’’; 
(2) by striking ‘‘33 months’’ each place it ap-
pears and inserting ‘‘48 months’’; and 
(3) by striking ‘‘33-month’’ each place it ap-
pears and inserting ‘‘48-month’’. 
(h) PENALTY FOR LATE OR INCORRECT REPORTING 
OF DATA.— 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01017
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1018 
(1) IN GENERAL.—The Secretary of the Inte-
rior shall issue regulations by not later than 1 year 
after the date of enactment of this Act that establish 
a civil penalty for late or incorrect reporting of data 
under the Federal Oil and Gas Royalty Management 
Act of 1982. 
(2) AMOUNT.—The amount of the civil penalty 
shall be— 
(A) an amount that the Secretary deter-
mines is sufficient to ensure filing of data in ac-
cordance with that Act; and 
(B) not less than $10 for each failure to 
file correct data in accordance with that Act. 
(3) CONTENT
OF
REGULATIONS.—Except as 
provided in paragraph (2), the regulations issued 
under this section shall be substantially similar to 
section 216.40 of title 30, Code of Federal Regula-
tions, as most recently in effect before the date of 
enactment of this Act. 
(i) SHARED PENALTIES.—Section 206 of the Federal 
Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 
1736) is amended by striking ‘‘Any payments under this 
section shall be reduced by an amount equal to any pay-
ments provided or due to such State or Indian Tribe under 
the cooperative agreement or delegation, as applicable, 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01018
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1019 
during the fiscal year in which the civil penalty is received, 
up to the total amount provided or due for that fiscal 
year.’’. 
(j) ADJUSTMENTS AND REFUNDS.—Section 111A of 
the Federal Oil and Gas Royalty Management Act of 1982 
(30 U.S.C. 1721a) is amended— 
(1) in subsection (a)— 
(A) by amending paragraph (3) to read as 
follows: 
‘‘(3)(A) An adjustment or a request for a re-
fund for an obligation may be made after the adjust-
ment period only upon written notice to and ap-
proval by the Secretary or the applicable delegated 
State, as appropriate, during an audit of the period 
which includes the production month for which the 
adjustment is being made. 
‘‘(B) Except as provided in subparagraph (C), 
no adjustment may be made with respect to an obli-
gation after the completion of an audit or compli-
ance review of such obligation unless such adjust-
ment is approved by the Secretary or the applicable 
delegated State, as appropriate. 
‘‘(C) If an overpayment is identified during an 
audit, the Secretary shall allow a credit in the 
amount of the overpayment.’’; and 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01019
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1020 
(B) in paragraph (4)— 
(i) by striking ‘‘six-year’’ and insert-
ing ‘‘four-year’’; and 
(ii) by striking ‘‘period shall’’ and in-
serting ‘‘period may’’; and 
(2) in subsection (b)(1)— 
(A) in subparagraph (C), by striking 
‘‘and’’; 
(B) in subparagraph (D), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) is made within the adjustment period 
for that obligation.’’. 
(k) TOLLING AGREEMENTS AND SUBPOENAS.— 
(1) TOLLING AGREEMENTS.—Section 115(d)(1) 
of the Federal Oil and Gas Royalty Management Act 
of 1982 (30 U.S.C. 1724(d)(1)) is amended— 
(A) by striking ‘‘(with notice to the lessee 
who designated the designee)’’; and 
(B) by adding at the end ‘‘A tolling agree-
ment executed by a designee shall bind both the 
owner of legal record title in a lease and the 
owner of operating rights in a lease, and any 
designee. The owner of the legal record title 
and the owner of operating rights in a lease 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01020
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1021 
shall be bound by the tolling agreement to the 
extent of their pro rata share of payment obli-
gations under the lease.’’. 
(2) SUBPOENAS.—Section 115(d)(2)(A) of the 
Federal Oil and Gas Royalty Management Act of 
1982 (30 U.S.C. 1724(d)(2)(A)) is amended by 
striking ‘‘(with notice to the lessee who designated 
the designee, which notice shall not constitute a sub-
poena to the lessee)’’. 
(l) REQUIRED RECORDKEEPING FOR NATURAL GAS 
PLANTS.— 
(1) Not later than 1 year after the date of en-
actment of this Act, the Secretary of the Interior 
shall publish final regulations with respect to re-
quired recordkeeping, under the authority provided 
in section 103 of the Federal Oil and Gas Royalty 
Management Act of 1982 (30 U.S.C. 1713), as 
amended by this Act. 
(2) Section 103(a) of the Federal Oil and Gas 
Royalty Management Act of 1982 (30 U.S.C. 
1713(a)) is amended to read: 
‘‘(a) A lessee, operator, or other person directly in-
volved in developing, producing, treating, transporting, 
processing, purchasing, or selling oil or gas subject to this 
chapter through the point of first arm’s-length sale, the 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01021
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1022 
point of royalty determination, or the point that proc-
essing is complete, whichever is later, shall establish and 
maintain any records, make any reports, and provide any 
information that the Secretary may, by rule, reasonably 
require for the purposes of implementing this chapter or 
determining compliance with rules or orders under this 
chapter. Upon the request of any officer or employee duly 
designated by the Secretary or any State or Indian Tribe 
conducting an audit or investigation pursuant to this 
chapter, the appropriate records, reports, or information 
which may be required by this section shall be made avail-
able for inspection and duplication by such officer or em-
ployee, State, or Indian Tribe.’’. 
(m) ENTITLEMENTS.— 
(1) DIRECTED RULEMAKING.—Not later than 
180 days after the date of enactment of this Act, the 
Secretary of the Interior shall publish final regula-
tions prescribing when a Federal lessee or designee 
must report and pay royalties on oil and gas produc-
tion for each month based on— 
(A) the volume of oil and gas produced 
from a lease or allocated to the lease in accord-
ance 
with 
the 
terms 
of 
a 
unit 
or 
communitization agreement; or 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01022
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1023 
(B) the actual volume of oil and gas sold 
by or on behalf of the lessee. 
(2) 100 PERCENT
ENTITLEMENT
REPORTING 
AND
PAYING.—The Secretary shall give consider-
ation to requiring all reporting and paying based on 
the volume of oil and gas produced from a lease or 
allocated to the lease in accordance with the terms 
of a unit or communitization agreement without re-
gard to the actual volume of oil and gas sold by or 
on behalf of a lessee. 
(3) VOLUME ALLOCATION OF OIL AND GAS PRO-
DUCTION.—Section 111(i) of the Federal Oil and 
Gas Royalty Management Act of 1982 (30 U.S.C. 
1721(i)) is amended to read: 
‘‘(i) VOLUME ALLOCATION OF OIL AND GAS PRO-
DUCTION.—Except as otherwise provided by this sub-
section— 
‘‘(A) a lessee or its designee of a lease in any 
unit or communitization agreement shall report and 
pay royalties on oil and gas production for each pro-
duction month based on the volume of oil and gas 
produced from such agreement and allocated to the 
lease in accordance with the terms of the agreement; 
and 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01023
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1024 
‘‘(B) a lessee or its designee of a lease that is 
not contained in a unit or communitization agree-
ment shall report and pay royalties on oil and gas 
production for each production month based on the 
volume of oil and gas produced from the lease unless 
the Secretary promulgates a final rule to allow or re-
quire that the lessee report and pay royalties on oil 
and gas production for each production month based 
on the actual volume of production sold by or on be-
half of that lessee.’’. 
SEC. 70807. HARDROCK MINING. 
(a) ABANDONED MINE LAND CLEANUP.—In addition 
to amounts otherwise available, there is appropriated to 
the Bureau of Land Management for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated 
$2,500,000,000, to remain available until September 30, 
2031, except that no amounts may be expended after Sep-
tember 30, 2031, for all activities necessary to inventory, 
assess, decommission, reclaim, respond to hazardous sub-
stance releases on, and remediate abandoned locatable 
minerals mine land. 
(b) ROYALTY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) and subject to paragraph (3), production 
of all locatable minerals from any mining claim lo-
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01024
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1025 
cated under the general mining laws and maintained 
in compliance with this Act, or mineral concentrates 
or products derived from locatable minerals from 
any such mining claim, as the case may be, shall be 
subject to a royalty of 8 percent of the gross income 
from mining. The claim holder or any operator to 
whom the claim holder has assigned the obligation 
to make royalty payments under the claim and any 
person who controls such claim holder or operator 
shall be liable for payment of such royalties. 
(2) ROYALTY FOR FEDERAL LANDS SUBJECT 
TO APPROVED PLAN OF OPERATIONS.—The royalty 
under paragraph (2) shall be 4 percent in the case 
of any Federal land that is subject to an approved 
plan of operations on the date of the enactment of 
this Act. 
(3) FEDERAL LAND ADDED TO EXISTING PLANS 
OF OPERATIONS.—Any Federal land added through 
a plan modification to a mining plan of operations 
that is submitted after the date of enactment of this 
Act shall be subject to the royalty that applies to 
Federal land under paragraph (1). 
(4) LIMITATION ON APPLICATION.— 
(A) IN GENERAL.—Any royalty under this 
subsection shall not apply to small miners. In 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01025
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1026 
this subparagraph, the term ‘‘small miner’’ 
means a person (including all related parties 
thereto) that certifies to the Secretary in writ-
ing that the person had annual gross income in 
the preceding calendar year from mineral pro-
duction in an amount less than $100,000. 
(B) RELATED PARTIES DEFINED.—For the 
purposes of this paragraph, the term ‘‘related 
parties’’ means, with respect to a person— 
(i) the spouse and all dependents (as 
defined in section 152 of the Internal Rev-
enue Code of 1986 (26 U.S.C. 152)) of the 
person; or 
(ii) another person who is affiliated 
with the person, including— 
(I) another person who controls, 
is controlled by, or is under common 
control with the person; and 
(II) a subsidiary or parent com-
pany or corporation of the person. 
(C) CONTROL DEFINED.—For purposes of 
this paragraph, the term ‘‘control’’ includes ac-
tual control, legal control, and the power to ex-
ercise control, through or by common directors, 
officers, stockholders, a voting trust, or a hold-
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01026
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1027 
ing company or investment company, or any 
other means. 
(5) DUTIES OF CLAIM HOLDERS, OPERATORS, 
AND TRANSPORTERS.— 
(A) REGULATION.—The Secretary shall 
prescribe by rule the time and manner in 
which— 
(i) a person who is required to make 
a royalty payment under this section shall 
make such payment; and 
(ii) shall notify the Secretary of any 
assignment that such person may have 
made of the obligation to make any royalty 
or other payment under a mining claim 
under this section. 
(B) WRITTEN INSTRUMENT.—Any person 
paying royalties under this section shall file a 
written instrument, together with the first roy-
alty payment, affirming that such person is re-
sponsible for making proper payments for all 
amounts due for all time periods for which such 
person has a payment responsibility. 
(C) ADDITIONAL AMOUNTS.—Such respon-
sibility for the periods referred to in subpara-
graph (B) shall include any and all additional 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01027
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1028 
amounts billed by the Secretary and determined 
to be due by final agency or judicial action. 
(D) JOINT AND SEVERAL LIABILITY.—Any 
person liable for royalty payments under this 
section who assigns any payment obligation 
shall remain jointly and severally liable for all 
royalty payments due for the period. 
(E) OBLIGATIONS.—A person conducting 
mineral activities shall— 
(i) develop and comply with the site 
security provisions in the mining plan of 
operations designed to protect from theft 
the hardrock minerals, concentrates, or 
products derived therefrom that are pro-
duced or stored on the area subject to a 
mining claim or lease, and such provisions 
shall conform with such minimum stand-
ards as the Secretary may prescribe by 
rule, taking into account the variety of cir-
cumstances on areas subject to mining 
claims and leases; and 
(ii) not later than the 5th business 
day after production begins anywhere on 
an area subject to a mining claim, or pro-
duction resumes after more than 90 days 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01028
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1029 
after production was suspended, notify the 
Secretary, in the manner prescribed by the 
Secretary, of the date on which such pro-
duction has begun or resumed. 
(F) 
REQUIRED
DOCUMENTATION.—The 
Secretary may by rule require any person en-
gaged in transporting a hardrock mineral, con-
centrate, or product derived therefrom to carry 
on his or her person, in his or her vehicle, or 
in his or her immediate control, documentation 
showing, at a minimum, the amount, origin, 
and intended destination of the hardrock min-
eral, concentrate, or product derived therefrom 
in such circumstances as the Secretary deter-
mines is appropriate. 
(6) RECORDKEEPING
AND
REPORTING
RE-
QUIREMENTS.— 
(A) IN GENERAL.—A claim holder, oper-
ator, or other person directly involved in devel-
oping, producing, processing, transporting, pur-
chasing, or selling hardrock minerals, con-
centrates, or products derived therefrom, sub-
ject to this section, shall establish and maintain 
any records, make any reports, and provide any 
information that the Secretary may reasonably 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01029
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1030 
require for the purposes of implementing this 
section or determining compliance with rules or 
orders under this section. Such records shall in-
clude periodic reports, records, documents, and 
other data. Such reports may also include perti-
nent technical and financial data relating to the 
quantity, quality, composition volume, weight, 
and assay of all minerals extracted from the 
mining claim or lease. 
(B) FORFEITURE.—Failure by a claim 
holder or operator to cooperate with such an 
audit, provide data required by the Secretary, 
or grant access to information may, at the dis-
cretion of the Secretary, be declared void. 
(C) MAINTENANCE OF RECORDS.—Records 
required by the Secretary under this section 
shall be maintained for 7 years after release of 
financial assurance unless the Secretary notifies 
the operator that the Secretary has initiated an 
audit or investigation involving such records 
and that such records must be maintained for 
a longer period. In any case when an audit or 
investigation is underway, records shall be 
maintained until the Secretary releases the op-
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01030
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1031 
erator of the obligation to maintain such 
records. 
(7) AUDITS.—The Secretary is authorized to 
conduct such audits of all operators, transporters, 
purchasers, processors, or other persons directly or 
indirectly involved in the production or sale of min-
erals covered by this section, as the Secretary deems 
necessary for the purposes of ensuring compliance 
with the requirements of this section. For purposes 
of performing such audits, the Secretary shall, at 
reasonable times and upon request, have access to, 
and may copy, all books, papers and other docu-
ments that relate to compliance with any provision 
of this section by any person. 
(8) INTEREST
AND
SUBSTANTIAL
UNDER-
REPORTING ASSESSMENTS.— 
(A) PAYMENTS
NOT
RECEIVED.—In the 
case of production where royalty payments are 
not received by the Secretary on the date that 
such payments are due, the Secretary shall 
charge interest on such underpayments at the 
same interest rate as the rate applicable under 
section 6621(a)(2) of the Internal Revenue 
Code of 1986. In the case of an underpayment, 
interest shall be computed and charged only on 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01031
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1032 
the amount of the deficiency and not on the 
total amount. 
(B) UNDERREPORTING.—If there is any 
underreporting of royalty owed on production 
for any production month by any person liable 
for royalty payments under this section, the 
Secretary shall assess a penalty of not greater 
than 25 percent of the amount of that under-
reporting. 
(C) 
SELF-REPORTING.—The 
Secretary 
may waive or reduce the assessment provided in 
subparagraph (B) if the person liable for roy-
alty payments under this section corrects the 
underreporting before the date such person re-
ceives notice from the Secretary that an under-
reporting may have occurred, or before 90 days 
after the date of the enactment of this section, 
whichever is later. 
(D) WAIVER.—The Secretary shall waive 
any portion of an assessment under subpara-
graph (B) attributable to that portion of the 
underreporting for which the person responsible 
for paying the royalty demonstrates that— 
(i) such person had written authoriza-
tion from the Secretary to report royalty 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01032
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1033 
on the value of the production on basis on 
which it was reported; 
(ii) such person had substantial au-
thority for reporting royalty on the value 
of the production on the basis on which it 
was reported; 
(iii) such person previously had noti-
fied the Secretary, in such manner as the 
Secretary may by rule prescribe, of rel-
evant reasons or facts affecting the royalty 
treatment of specific production which led 
to the underreporting; or 
(iv) such person meets any other ex-
ception which the Secretary may, by rule, 
establish. 
(E) DEFINITION.—For the purposes of 
this subsection, the term ‘‘underreporting’’ 
means the difference between the royalty on the 
value of the production that should have been 
reported and the royalty on the value of the 
production which was reported, if the value that 
should have been reported is greater than the 
value that was reported. 
(9) EXPANDED ROYALTY OBLIGATIONS.—Each 
person liable for royalty payments under this section 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01033
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1034 
shall be jointly and severally liable for royalty on all 
hardrock minerals, concentrates, or products derived 
therefrom lost or wasted from a mining claim when 
such loss or waste is due to negligence on the part 
of any person or due to the failure to comply with 
any rule, regulation, or order issued under this sec-
tion. 
(10) GROSS INCOME FROM MINING DEFINED.— 
For the purposes of this section, for any hardrock 
mineral, the term ‘‘gross income from mining’’ has 
the same meaning as the term ‘‘gross income’’ in the 
Internal Revenue Code of 1986 (26 C.F.R. 61). 
(11) EFFECTIVE DATE.—Royalties under this 
section shall take effect with respect to the produc-
tion of hardrock minerals after the enactment of this 
Act, but any royalty payments attributable to pro-
duction during the first 12 calendar months after 
the enactment of this Act shall be payable at the ex-
piration of such 12-month period. 
(12) FAILURE TO COMPLY WITH ROYALTY RE-
QUIREMENTS.—Any person who fails to comply with 
the requirements of this section or any regulation or 
order issued to implement this section shall be liable 
for a civil penalty under section 109 of the Federal 
Oil and Gas Royalty Management Act (30 U.S.C. 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01034
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1035 
1719) to the same extent as if the claim maintained 
in compliance with this title were a lease under such 
Act. 
(c) RECLAMATION FEE.— 
(1) IMPOSITION OF FEE.—Except as provided 
in paragraph (7), each operator conducting hardrock 
mineral activities shall pay to the Secretary of the 
Interior a reclamation fee of 7 cents per ton of dis-
placed material. 
(2) PAYMENT
DEADLINE.—Such reclamation 
fee shall be paid not later than 60 days after the 
end of each calendar year beginning with the first 
calendar year occurring after the date of enactment 
of this Act. 
(3) SUBMISSION OF STATEMENT.—All operators 
conducting hardrock mineral activities shall submit 
to the Secretary a statement of the amount of dis-
placed material produced during mineral activities 
during the previous calendar year, the accuracy of 
which shall be sworn to by the operator and nota-
rized. 
(4) PENALTY.—Any corporate officer, agent, or 
director of a person conducting hardrock mineral ac-
tivities, and any other person acting on behalf of 
such a person, who knowingly makes any false state-
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01035
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1036 
ment, representation, or certification, or knowingly 
fails to make any statement, representation, or cer-
tification, required under this section with respect to 
such operation shall, upon conviction, be punished 
by a fine of not more than $10,000. 
(5) CIVIL ACTION TO RECOVER FEE.—Any por-
tion of such reclamation fee not properly or prompt-
ly paid pursuant to this section shall be recoverable, 
with statutory interest, from the hardrock mineral 
activities operator, in any court of competent juris-
diction in any action at law to compel payment of 
debts. 
(6) EFFECT.—Nothing in this section requires 
a reduction in, or otherwise affects, any similar fee 
required under any law (including regulations) of 
any State. 
(7) EXEMPTION.—The fee under this section 
shall not apply for small miners. 
(8) DEFINITIONS.— 
(A) The term ‘‘displaced material’’ means 
any unprocessed ore and waste dislodged from 
its location at the time hardrock mineral activi-
ties begin at a surface, underground, or in-situ 
mine. 
(B) The term ‘‘hardrock mineral’’— 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01036
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1037 
(i) means any mineral that was sub-
ject to location under the general mining 
laws as of the date of enactment of this 
Act, and that is not subject to disposition 
under— 
(I) the Mineral Leasing Act (30 
U.S.C. 181 et seq.); 
(II) the Geothermal Steam Act of 
1970 (30 U.S.C. 1001 et seq.); 
(III) the Act of July 31, 1947, 
commonly known as the Materials Act 
of 1947 (30 U.S.C. 601 et seq.); or 
(IV) the Mineral Leasing for Ac-
quired Lands Act (30 U.S.C. 351 et 
seq.); and 
(ii) does not include any mineral that 
is subject to a restriction against alienation 
imposed by the United States and is— 
(I) held in trust by the United 
States for any Indian or Indian Tribe, 
as defined in section 2 of the Indian 
Miner Development Act of 1982 (25 
U.S.C. 2101); or 
(II) owned by any Indian or In-
dian Tribe, as defined in that section. 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01037
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1038 
(C) The term ‘‘mineral activities’’ means 
any activity on a mining claim, mill site, or tun-
nel site, or a mining plan of operations, for, re-
lated to, or incidental to, mineral exploration, 
mining, beneficiation, processing, or reclama-
tion activities for any hardrock mineral. 
(D) The term ‘‘operator’’ means any per-
son authorized at the date of enactment of this 
Act or proposing after the date of enactment of 
this Act to conduct mineral activities under the 
Mining Law of 1872 (30 U.S.C. 22)and any 
agent of such person. 
(E) The term ‘‘small miner’’ means a per-
son (including all related parties thereto) that 
certifies to the Secretary in writing that the 
person had annual gross income in the pre-
ceding calendar year from mineral production 
in an amount less than $100,000. 
(F) The term ‘‘displaced material’’ means 
any crude ore and waste dislodged from its lo-
cation at the time hardrock mineral activities 
begin at a surface, underground, or in-situ 
mine. 
(d) CLAIM MAINTENANCE FEE.— 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01038
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1039 
(1) HARDROCK
MINING
CLAIM
MAINTENANCE 
FEE.— 
(A) REQUIRED FEES.— 
(i) For each unpatented mining claim, 
mill, or tunnel site on federally owned 
lands, whether located before, on, or after 
the date of enactment of this Act, each 
claimant shall pay to the Secretary, on or 
before September 1 of each year, a claim 
maintenance fee of $200 per claim to hold 
such unpatented mining claim, mill or tun-
nel site for the assessment year beginning 
at noon on the next day, September 1. 
(ii) For each unpatented placer min-
ing claim on federally owned lands, wheth-
er located before, on, or after the date of 
enactment of this Act, each claimant shall 
pay to the Secretary, on or before Sep-
tember 1 of each year, a claim mainte-
nance fee of $200 for each 20 acres of the 
placer claim or portion thereof. 
(iii) Such claim maintenance fee de-
scribed in this section shall be in lieu of 
the assessment work requirement con-
tained in the Mining Law of 1872 (30 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01039
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1040 
U.S.C. 28 et seq.) and the related filing re-
quirements contained in section 314 (a) 
and (c) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1744 
(a) and (c)). 
(iv) The claim maintenance fee in this 
section shall be paid for the year in which 
the location is made, at the time the loca-
tion notice is recorded with the Bureau of 
Land Management. 
(B) FEE ADJUSTMENTS.— 
(i) The Secretary shall provide claim-
ants notice of any adjustment made under 
this subsection not later than July 1 of 
any year in which the adjustment is made. 
(ii) A fee adjustment under this sub-
section shall begin to apply the first as-
sessment year which begins after adjust-
ment is made. 
(C) EXCEPTION FOR SMALL MINERS.—The 
claim maintenance fee required under this sec-
tion may be waived for a claimant who certifies 
in writing to the Secretary that on the date the 
payment was due, the claimant and all related 
parties— 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01040
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1041 
(i) held not more than 10 mining 
claims, mill sites, or tunnel sites, or any 
combination thereof, on public lands; and 
(ii) have performed assessment work 
required under the Mining Law of 1872 
(30 U.S.C. 28–28e) to maintain the min-
ing claims held by the claimant and such 
related parties for the assessment year 
ending on noon of September 1 of the cal-
endar year in which payment of the claim 
maintenance fee was due. 
(2) CO-OWNERSHIP.—The co-ownership provi-
sions of the Mining Law of 1872 (30 U.S.C. 28 et 
seq.) shall remain in effect except that the annual 
claim maintenance fee, where applicable, shall re-
place applicable assessment requirements and ex-
penditures. 
(3) FAILURE TO PAY.—Failure to timely pay 
the claim maintenance fee as required by the Sec-
retary shall conclusively constitute a forfeiture of the 
unpatented mining claim, mill or tunnel site by the 
claimant and the claim shall be deemed null and 
void by operation of law. 
(e) FUNDING TO PREVENT ENVIRONMENTAL DAM-
AGE FROM MINING.—In addition to amounts otherwise 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01041
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1042 
available, there is appropriated to the Bureau of Land 
Management for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $3,000,000, to 
remain available until September 30, 2031, except that no 
amounts may be expended after September 30, 2031, to 
revise rules and regulations to prevent undue degradation 
of public lands due to hardrock mining activities as au-
thorized by the Federal Land Policy and Management Act 
(43 U.S.C. 1701) and the Mining Law of 1872 (30 U.S.C. 
22). 
Subtitle I—Office of Native 
Hawaiian Relations 
SEC. 70901. NATIVE HAWAIIAN CONSULTATION. 
In addition to amounts otherwise available, there is 
appropriated to the Office of Native Hawaiian Relations 
for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $3,000,000, to remain avail-
able until September 30, 2031, except that no amounts 
may be expended after September 30, 2031, for the pur-
poses of conducting consultations with the Native Hawai-
ian people. 
SEC. 70902. NATIVE HAWAIIAN CLIMATE RESILIENCE. 
In addition to amounts otherwise available, there is 
appropriated to the Office of Native Hawaiian Relations 
for fiscal year 2022, out of any money in the Treasury 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01042
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1043 
not otherwise appropriated, $30,000,000, to remain avail-
able until September 30, 2031, except that no amounts 
may be expended after September 30, 2031, through di-
rect expenditure, contracts, grants, and cooperative agree-
ments to provide funding and technical assistance for cli-
mate resilience and adaptation programs that serve the 
Native Hawaiian people. 
Subtitle J—Accountability for 
Funds 
SEC. 71001. OVERSIGHT. 
One half of one percent of the amounts made avail-
able under this title in each of fiscal years 2022 through 
2031 shall be used for the oversight and accountability 
of the expenditure of funds. 
SEC. 71002. LIMITATION. 
Of the funds provided under sections 70301, 70303, 
70310, 70504, 70505, 70506, 70507, 70508, 70510, 
70512, 70513, 70514, 70601, 70602, 70603, 70609, and 
70610, no more than 2 percent shall be used for adminis-
trative costs to carry out such sections. 
SEC. 71003. LIMITATION. 
No funds made available under this title may be used 
to close the national office of the Bureau of Land Manage-
ment located in Grand Junction, Colorado. 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01043
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1045 
infrastructure for the Federal fleet at the General Services 
Administration. 
SEC. 80003. UNITED STATES POSTAL SERVICE; CLEAN VEHI-
CLE FLEET AND FACILITY MAINTENANCE. 
In addition to amounts otherwise available, there is 
appropriated to the United States Postal Service for fiscal 
year 2022, out of any money in the Treasury not otherwise 
appropriated, $7,000,000,000, to remain available until 
expended, to be deposited into the Postal Service Fund 
established under section 2003 of title 39, United States 
Code, to acquire electric vehicles for the Postal Service 
fleet, of which $3,000,000,000 shall be for the purchase 
of electric delivery vehicles and $4,000,000,000 shall be 
for the purchase of the related infrastructure to support 
such vehicles. 
SEC. 80004. UNITED STATES POSTAL SERVICE OFFICE OF 
THE INSPECTOR GENERAL CLEAN VEHICLE 
FLEET PROCUREMENT OVERSIGHT. 
In addition to amounts otherwise available, there is 
appropriated to the Office of the Inspector General of the 
United States Postal Service for fiscal year 2022, out of 
any money in the Treasury not otherwise appropriated, 
$23,000,000, to remain available until expended, to be de-
posited into the Postal Service Fund established under 
section 2003 of title 39, United States Code, to perform 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01045
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1046 
oversight of the United States Postal Service’s acquisition 
and deployment of electric vehicles and such infrastructure 
as may be required to support such vehicles. 
SEC. 80005. NATIONAL ARCHIVES AND RECORDS ADMINIS-
TRATION. 
In addition to amounts otherwise available, there is 
appropriated to the National Archives and Records Ad-
ministration for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $60,000,000 to re-
main available until expended to address backlogs in re-
sponding to requests from veterans for military personnel 
records, improve cyber security, improve digital preserva-
tion and access to archival Federal records, and address 
backlogs in requests made under section 552 of title 5, 
United States Code (commonly referred to as the Freedom 
of Information Act). Such amounts may also be used for 
the Federal Records Center Program. 
SEC. 80006. FUNDING FOR GOVERNMENT ACCOUNTABILITY 
OFFICE. 
In addition to amounts otherwise available, there is 
appropriated for fiscal year 2022, out of any money in 
the Treasury not otherwise appropriated, $25,000,000, to 
remain available until expended, for the Comptroller Gen-
eral to conduct oversight of the receipt, disbursement, and 
use of funds and exercise of authorities provided by this 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01046
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1047 
Act, including oversight of the equitable distribution and 
use of funds and their economic, social, and environmental 
impacts, and to prepare such reports that the Comptroller 
General determines appropriate. 
SEC. 80007. FUNDING FOR THE OFFICE OF MANAGEMENT 
AND 
BUDGET 
FOR 
IMPLEMENTATION 
OF 
JUSTICE40. 
In addition to amounts otherwise available, there is 
appropriated to the Office of Management and Budget for 
fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $4,000,000 to remain available 
until September 30, 2026, for additional personnel and 
data management expenses to support implementation of 
the Justice40 Initiative set forth in section 223 of Execu-
tive Order No. 14008, ‘‘Executive Order on Tackling the 
Climate Crisis at Home and Abroad’’ (January 27, 2021), 
including providing assistance to other agencies in the de-
velopment and implementation of methodologies to meas-
ure benefits, the development of a database to track agen-
cy benefits to disadvantaged communities, and a public- 
facing scorecard detailing agency environmental justice 
performance measures. 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01047
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1048 
SEC. 80008. DISTRICT OF COLUMBIA CLEAN VEHICLE 
FLEET. 
In addition to amounts otherwise available, there is 
appropriated to the District of Columbia for fiscal year 
2022, out of any money in the Treasury not otherwise ap-
propriated, $10,000,000, to remain available until ex-
pended, for the procurement of electric vehicles and re-
lated infrastructure for the District of Columbia and the 
management and acquisition of such electric vehicles and 
infrastructure. 
SEC. 80009. FUNDING FOR TECHNOLOGY MODERNIZATION 
FUND. 
In addition to amounts otherwise available, there is 
appropriated to the Technology Modernization Fund for 
fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $1,000,000,000, to remain avail-
able until September 30, 2031. 
SEC. 80010. FUNDING FOR GENERAL SERVICES ADMINIS-
TRATION FEDERAL CITIZEN SERVICES FUND. 
In addition to amounts otherwise available, there is 
appropriated to the General Services Administration for 
fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $2,000,000,000, to remain avail-
able until September 30, 2031, to be deposited in the Fed-
eral Citizen Services Fund. 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01048
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1049 
SEC. 80011. FUNDING FOR INFORMATION TECHNOLOGY 
OVERSIGHT AND REFORM (ITOR) ACCOUNT. 
In addition to amounts otherwise available, there is 
appropriated to the Office of Management and Budget’s 
Information Technology Oversight and Reform (ITOR) 
account within the Executive Office of the President for 
fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $350,000,000, to remain available 
until September 30, 2031. 
TITLE 
IX—COMMITTEE 
ON 
SCIENCE, SPACE, AND TECH-
NOLOGY 
SEC. 90001. DEPARTMENT OF COMMERCE REGIONAL INNO-
VATION. 
In addition to amounts otherwise available, there is 
appropriated to the Department of Commerce for fiscal 
year 2022, out of any money in the Treasury not otherwise 
appropriated, $5,000,000,000, to remain available until 
September 30, 2031, except that no amounts may be ex-
pended after September 30, 2031, for planning and estab-
lishment of regional innovation initiatives pursuant to the 
Stevenson-Wydler Act, and for related administrative ex-
penses. Of the funds provided by this section for regional 
innovation initiatives, no fewer than one-third of grants 
or cooperative agreements awarded shall significantly ben-
efit a State that is eligible to receive funding from the 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01049
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1050 
Established Program to Stimulate Competitive Research 
of the National Science Foundation or a rural or other 
underserved community. 
SEC. 90002. FUNDING FOR DEPARTMENT OF ENERGY LAB-
ORATORY INFRASTRUCTURE. 
(a) OFFICE OF SCIENCE APPROPRIATION.—In addi-
tion to amounts otherwise available, there is appropriated 
to the Department of Energy Office of Science for fiscal 
year 2022, out of any money in the Treasury not otherwise 
appropriated, $10,391,804,000, to remain available until 
September 30, 2026, to carry out laboratory infrastruc-
ture projects, including— 
(1) $7,780,566,000 for Construction Projects, 
of which— 
(A) $220,000,000 shall be used for the 
Exascale Computing Project; 
(B) $493,600,000 shall be used for the 
Frontier Exascale Computing System; 
(C) $427,400,000 shall be used for the Au-
rora Exascale Computing System; 
(D) $155,400,000 shall be used for up-
grades to the National Energy Research Sci-
entific Computing Center; 
(E) $38,616,000 shall be used for the En-
ergy Sciences Network; 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01050
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1052 
(O) $1,300,000,000 shall be used for the 
Long Baseline Neutrino Facility/Deep Under-
ground Neutrino Experiment; 
(P) $13,000,000 shall be used for the 
Muon to Electron Conversion Experiment; 
(Q) $806,000,000 shall be used for the 
Electron Ion Collider; 
(R) $213,000,000 shall be used for the 
Oak Ridge National Laboratory Radioisotope 
Processing Facility; and 
(S) $187,000,000 shall be used for the 
United States Stable Isotope Production and 
Research Center; 
(2) $1,470,238,000 for Major Items of Equip-
ment, of which— 
(A) $302,000,000 shall be used for the 
High Performance Data Facility; 
(B) $90,000,000 shall be used for the 
Nanoscale Science Research Center Recapital-
ization project; 
(C) $83,500,000 shall be used for the Na-
tional Synchrotron Light Source-II Experi-
mental Tools II project; 
(D) $59,200,000 shall be used for the Ma-
terial Plasma Exposure Experiment; 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01052
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1055 
(2) $96,200,000 shall be used for the Advanced 
Research in Integrated Energy Systems initiative; 
and 
(3) $90,000,000 shall be used for high-perform-
ance computing equipment and infrastructure. 
(c) NUCLEAR ENERGY APPROPRIATION.—In addition 
to amounts otherwise available, there is appropriated to 
the Department of Energy Office of Nuclear Energy for 
fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $408,000,000, to remain available 
until September 30, 2026, to carry out laboratory infra-
structure projects, of which— 
(1) $66,000,000 shall be used for the Sample 
Preparation Laboratory; 
(2) $125,000,000 shall be used for the Ad-
vanced Test Reactor and Materials and Fuel Com-
plex Plant Health projects; 
(3) $122,000,000 shall be used for the Ad-
vanced Test Reactor Recapitalization project; and 
(4) $95,000,000 shall be used for the Versatile 
Test Reactor as authorized in section 955 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16275). 
(d) FOSSIL ENERGY AND CARBON MANAGEMENT AP-
PROPRIATION.—In addition to amounts otherwise avail-
able, there is appropriated to the Department of Energy 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01055
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1056 
Office of Fossil Energy and Carbon Management for fiscal 
year 2022, out of any money in the Treasury not otherwise 
appropriated, $20,000,000, to remain available until Sep-
tember 30, 2026, to carry out activities to support high- 
performance computing equipment and infrastructure. 
(e) GENERAL LABORATORY INFRASTRUCTURE.—In 
addition to amounts otherwise available, there is appro-
priated for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $1,080,996,000, to 
remain available until September 30, 2026, to carry out 
activities to support infrastructure at Department of En-
ergy National Laboratories for civilian research and devel-
opment purposes, including General Plant Projects and 
General Plant Equipment, of which— 
(1) not less than $377,301,000 shall be avail-
able to the Office of Science; 
(2) not less than $209,800,000 shall be avail-
able to the Office of Energy Efficiency and Renew-
able Energy; 
(3) not less than $40,000,000 shall be available 
to the Office of Nuclear Energy; 
(4) not less than $190,000,000 shall be avail-
able to the Office of Fossil Energy and Carbon Man-
agement; and 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01056
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1057 
(5) not less than $102,200,000 shall be avail-
able to the Office of Environmental Management. 
SEC. 90003. DEPARTMENT OF ENERGY RESEARCH, DEVEL-
OPMENT, AND DEMONSTRATION ACTIVITIES. 
(a) OFFICE OF SCIENCE APPROPRIATIONS.—In addi-
tion to amounts otherwise available, there is appropriated 
to the Office of Science of the Department of Energy for 
fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $2,000,000,000, to remain avail-
able until September 30, 2026, to carry out research and 
development activities. Of the funds provided by this sec-
tion: 
(1) COMPUTATIONAL SCIENCE GRADUATE FEL-
LOWSHIP.—$116,000,000 shall be used to carry out 
the Department of Energy Computational Science 
Graduate Fellowship program. 
(2) QUANTUM USER EXPANSION FOR SCIENCE 
AND TECHNOLOGY.—$340,000,000 shall be used to 
carry out activities to facilitate access of researchers 
to United States quantum computing facilities for 
research purposes as part of the program authorized 
in title IV of the National Quantum Initiative Act 
(15 U.S.C. 8851 et seq.). 
(3) 
LOW-DOSE
RADIATION
RESEARCH.— 
$180,000,000 shall be used to carry out the activi-
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01057
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1058 
ties of the low-dose radiation research program au-
thorized in section 306(c) of the Department of En-
ergy Research and Innovation Act (42 U.S.C. 
18644(c)). 
(4) FUSION MATERIALS RESEARCH AND DEVEL-
OPMENT.—$250,000,000 shall be used to carry out 
the activities of the fusion materials research and 
development program authorized in section 307(b) of 
the Department of Energy Research and Innovation 
Act (42 U.S.C. 18645(b)). 
(5) INERTIAL FUSION RESEARCH AND DEVEL-
OPMENT.—$140,000,000 shall be used to carry out 
the activities of the program of research and tech-
nology development in inertial fusion for energy ap-
plications authorized in section 307(d) of the De-
partment of Energy Research and Innovation Act 
(42 U.S.C. 18645(d)). 
(6) ALTERNATIVE AND ENABLING FUSION EN-
ERGY
CONCEPTS.—$275,000,000 shall be used to 
carry out the activities of the alternative and ena-
bling fusion energy concepts program authorized in 
section 307(e) of the Department of Energy Re-
search and Innovation Act (42 U.S.C. 18645(e)). 
(7) MILESTONE-BASED FUSION ENERGY DEVEL-
OPMENT PROGRAM.—$325,000,000 shall be used to 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01058
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1059 
carry out the activities of the milestone-based fusion 
energy development program authorized in section 
307(i) of the Department of Energy Research and 
Innovation Act (42 U.S.C. 18645(i)). 
(8) 
FUSION
REACTOR
SYSTEM
DESIGN.— 
$250,000,000 shall be used to carry out the fusion 
reactor system design activities authorized in section 
307(j) of the Department of Energy Research and 
Innovation Act (42 U.S.C. 18645(j)). 
(b) ENERGY EFFICIENCY AND RENEWABLE ENERGY 
APPROPRIATION.— 
(1) DEMONSTRATION
PROJECTS.—In addition 
to amounts otherwise available, there is appropriated 
to the Department of Energy Office of Energy Effi-
ciency and Renewable Energy for fiscal year 2022, 
out of any money in the Treasury not otherwise ap-
propriated, $1,107,500,000, to remain available 
until September 30, 2026, to carry out demonstra-
tion projects, including demonstration of advanced— 
(A) wind energy technologies as authorized 
in section 3003 of the Energy Act of 2020 (42 
U.S.C. 16237); 
(B) solar energy technologies as authorized 
in section 3004 of the Energy Act of 2020 (42 
U.S.C. 16238), including technologies and proc-
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01059
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1060 
esses to encourage the domestic production of 
materials, semiconductors, and other compo-
nents at all stages of the solar supply chain; 
(C) geothermal technologies as authorized 
in section 615 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17194); 
(D) water power technologies as authorized 
in sections 634 and 635 of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 
17213 et al.); 
(E) vehicle technologies; 
(F) 
bioenergy 
technologies, 
including 
biofuels; and 
(G) building technologies. 
(2) CLEAN ENERGY MANUFACTURING INNOVA-
TION INSTITUTE.—In addition to amounts otherwise 
available, there is appropriated to the Office of En-
ergy Efficiency and Renewable Energy for fiscal 
year 2022, out of any money in the Treasury not 
otherwise appropriated, $70,000,000, to remain 
available until September 30, 2026, to carry out ac-
tivities to support one new Clean Energy Manufac-
turing Innovation Institute. 
(c) NUCLEAR ENERGY APPROPRIATION.—In addition 
to amounts otherwise available, there is appropriated to 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01060
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1061 
the Department of Energy Office of Nuclear Energy for 
fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $52,500,000, to remain available 
until September 30, 2026, to carry out the activities of 
the research reactor infrastructure program as authorized 
in section 954(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16274(a)). 
(d) FOSSIL ENERGY AND CARBON MANAGEMENT AP-
PROPRIATION.—In addition to amounts otherwise avail-
able, there is appropriated to the Department of Energy 
Office of Fossil Energy and Carbon Management for fiscal 
year 2022, out of any money in the Treasury not otherwise 
appropriated, $10,000,000, to remain available until Sep-
tember 30, 2026, to carry out on-site demonstration 
projects on the reduction of environmental impacts of pro-
duced water. 
(e) DIVERSITY SUPPORT.—In addition to amounts 
otherwise available, there is appropriated to the Depart-
ment of Energy Office of Economic Impact and Diversity 
for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $20,000,000, to remain avail-
able until September 30, 2031, except that no amounts 
may be expended after September 30, 2031, to support 
programs across the Department’s civilian research, devel-
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01061
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1062 
opment, demonstration, and commercial application activi-
ties. 
(f) OVERSIGHT.—In addition to amounts otherwise 
available, there is appropriated to the Department of En-
ergy for fiscal year 2022, out of any money in the Treas-
ury not otherwise appropriated, $50,000,000, to remain 
available until September 30, 2031, except that no 
amounts may be expended after September 30, 2031, for 
oversight by the Department of Energy Office of Inspector 
General of the Department of Energy activities for which 
funding is appropriated in this title. 
SEC. 90004. ENVIRONMENTAL PROTECTION AGENCY CLI-
MATE CHANGE RESEARCH AND DEVELOP-
MENT. 
In addition to amounts otherwise made available, 
there is appropriated to the Environmental Protection 
Agency for fiscal year 2022, out of any money in the 
Treasury not otherwise appropriated, $264,000,000 to re-
main available until September 30, 2026, to conduct envi-
ronmental research and development activities related to 
climate change, including related administrative expenses. 
The amounts made available in this section shall be used 
for the purposes of— 
(1) conducting further research on mitigation of 
climate forcing emissions, adaptation to reduce the 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01062
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1063 
impacts of climate change, and approaches to build 
resilience to climate change; 
(2) providing increased support for evidence- 
based regional and community climate adaptation 
and resilience actions, including development of a 
grants-based regional climate science network; 
(3) conducting further social science research to 
upgrade the utilization and efficacy of scientific tools 
to mitigate, adapt, and build resilience to the im-
pacts of climate change; 
(4) increasing engagement capacity with front-
line communities with environmental justice con-
cerns in translating, utilizing, and evaluating sci-
entific research results; 
(5) conducting further research to improve un-
derstanding of impacts of decarbonized energy 
sources compared to existing energy sources, includ-
ing cumulative impacts of pollution from existing 
sources; 
(6) conducting further research to improve un-
derstanding of the impacts of the transition to 
decarbonized energy, transportation, and building 
sectors on frontline communities; 
(7) conducting further research to improve un-
derstanding of impacts of climate change, including 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01063
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1064 
cumulative impacts of pollution exposure, in commu-
nities that face disproportionate impacts from en-
ergy transitions; and 
(8) providing increased support to conduct fur-
ther environmental research and development activi-
ties on climate change that the Administrator deems 
appropriate. 
SEC. 90005. FEDERAL EMERGENCY MANAGEMENT AGENCY 
ASSISTANCE TO FIREFIGHTERS GRANTS. 
In addition to amounts otherwise available, there is 
appropriated to the Federal Emergency Management 
Agency for Fiscal Year 2022, out of any money in the 
Treasury not otherwise appropriated, to remain available 
until September 30, 2026, $798,000,000, for Assistance 
to Firefighters Grants pursuant to the Federal Fire Pre-
vention and Control Act of 1974: Provided, That 
$718,000,000 of such amount shall be available for Assist-
ance to Firefighters Grants for fire and EMS department 
facility construction, upgrades, and modifications, and for 
related administrative expenses: Provided further, That 
$80,000,000 of such amount shall be available for Assist-
ance to Firefighters Grants for PFAS-free personal pro-
tective equipment and PFAS-free firefighting foam, and 
for related administrative expenses. 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01064
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1065 
SEC. 90006. FIREFIGHTER GRANT OVERSIGHT. 
In addition to amounts otherwise available, there is 
appropriated to the Department of Homeland Security for 
fiscal year 2022, out of any money in the Treasury not 
otherwise appropriated, $2,000,000, to remain available 
until September 30, 2031, except that no amounts may 
be expended after September 30, 2031, for oversight by 
the Department of Homeland Security Office of Inspector 
General of the activities for which funding is appropriated 
in section 90005. 
SEC. 90007. NATIONAL AERONAUTICS AND SPACE ADMINIS-
TRATION INFRASTRUCTURE. 
In addition to amounts otherwise made available, 
there are appropriated to the National Aeronautics and 
Space Administration for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, 
$4,000,000,000 to remain available until September 30, 
2026, for repair, recapitalization, and modernization of 
physical infrastructure and facilities, including related ad-
ministrative expenses, consistent with the responsibilities 
authorized under section 31502 of title 51, United States 
Code, on maintenance of facilities and section 31503 of 
title 51, United States Code, on laboratory productivity. 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01065
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1066 
SEC. 90008. NATIONAL AERONAUTICS AND SPACE ADMINIS-
TRATION CLIMATE CHANGE RESEARCH AND 
DEVELOPMENT. 
In addition to amounts otherwise made available, 
there are appropriated to the National Aeronautics and 
Space Administration for fiscal year 2022, out of any 
money in the Treasury not otherwise appropriated, 
$388,000,000 to remain available until September 30, 
2026, of which $85,000,000 shall be for research and de-
velopment on subseasonal to seasonal models and observa-
tions, climate resilience and sustainability, and airborne 
instruments, campaigns, and surface networks to under-
stand, observe, and mitigate global climate change and its 
impacts, including related administrative expenses, au-
thorized under section 60501 of title 51, United States 
Code, and research and development activities on upper 
atmospheric research authorized under sections 20161, 
20163, and 20164 of title 51, United States Code; 
$28,000,000 shall be for investments in data management 
and processing to support research, development, and ap-
plications to understand, observe, and mitigate the global 
climate change and its impacts consistent with the respon-
sibilities authorized under section 60506 of title 51, 
United States Code; $50,000,000 shall be for research and 
development to support the wildfire community and im-
prove wildfire fighting operations, including the Scalable 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01066
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS
1209 
is appropriated for fiscal year 2022, out of any money in 
the Treasury not otherwise available, $9,000,000 to the 
Administrator of the Federal Emergency Management 
Agency, to remain available until expended, for adminis-
tration of this section. 
SEC. 110014. HAZARD MITIGATION REVOLVING LOAN FUND. 
(a) IN GENERAL.—In addition to amounts otherwise 
available, there is appropriated for fiscal year 2022, out 
of any money in the Treasury not otherwise appropriated, 
$495,000,000, to remain available until expended, to the 
Administrator of the Federal Emergency Management 
Agency for the establishment and carrying out of hazard 
mitigation revolving loan fund grants under section 205 
of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5135). 
(b) ADMINISTRATION.—In addition to amounts made 
available for administrative expenses under section 
205(d)(2) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5135(d)(2)), there 
is appropriated for fiscal year 2022, out of any money in 
the Treasury not otherwise available, $5,000,000 to the 
Administrator of the Federal Emergency Management 
Agency, to remain available until expended, for adminis-
tration of this section. 
VerDate Sep 11 2014 
01:59 Sep 28, 2021
Jkt 019200
PO 00000
Frm 01209
Fmt 6652
Sfmt 6201
E:\BILLS\H5376.RH
H5376
kjohnson on DSK79L0C42PROD with BILLS