SEC. 2. STATE AND TRIBAL GOVERNMENT ENERGY TRANSI-
TION PAYMENTS. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish a program under which the Secretary shall, 
subject to the availability of appropriations, annually 
make payments to eligible States and eligible Tribal gov-
ernments in accordance with subsection (b). 
(b) PAYMENTS.— 
(1) ELIGIBLE
STATES.—Under the program, 
the Secretary shall annually pay to each eligible 
State an amount that is determined by the Sec-
retary, in consultation with other relevant Federal 
agencies, by taking into account— 
(A) the past levels of fossil fuel (including 
such fossil fuels as coal, oil, and natural gas) 
development, production, and electricity genera-
tion within the eligible State during the 10-year 
period ending on the date of enactment of this 
Act; 
(B) the Federal mineral revenue received 
by the eligible State during the 10-year period 
ending on the date of enactment of this Act; 
(C) the economic conditions in the eligible 
State, using measurements of the poverty rate, 
household income, land value, the unemploy-
ment rate, and other economic indicators dur-
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ing the 10-year period ending on the date of en-
actment of this Act; and 
(D) the eligible State’s plan submitted 
under subsection (e). 
(2) ELIGIBLE TRIBAL GOVERNMENTS.—Under 
the program, the Secretary shall annually pay to 
each eligible Tribal government an amount that is 
determined by the Secretary, in consultation with 
other relevant Federal agencies, by taking into ac-
count— 
(A) the past levels of fossil fuel (including 
such fossil fuels as coal, oil, and natural gas) 
development, production, and electricity genera-
tion on the Tribal land of the eligible Tribe dur-
ing the 10-year period ending on the date of en-
actment of this Act; 
(B) the Federal mineral revenue received 
by the eligible Tribe during the 10-year period 
ending on the date of enactment of this Act; 
(C) the economic conditions in the eligible 
Tribe, using measurements of the poverty rate, 
household income, land value, the unemploy-
ment rate, and other economic indicators dur-
ing the 10-year period ending on the date of en-
actment of this Act; and 
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(D) the eligible Tribe’s plan submitted 
under subsection (e). 
(c) USE OF PAYMENTS.— 
(1) IN GENERAL.—Eligible States and eligible 
Tribal governments that receive payments under the 
program shall use such payments to carry out eco-
nomic development or diversification activities, which 
includes planning such activities. 
(2) PROHIBITED USE.—Eligible States and eli-
gible Tribal governments that receive payments 
under the program may not use such payments— 
(A) with respect to any new or existing de-
velopment, production, or utilization of fossil 
fuels (including such fossil fuels as coal, oil, 
and natural gas) or associated infrastructure 
(including pipelines); or 
(B) for any lobbying activity. 
(d) NOTIFICATION.—The Secretary shall, not later 
than 30 days before the start of each year in which pay-
ments are to be made under the program, notify each eligi-
ble State and eligible Tribal government of the amount 
of the payment they may receive as determined under sub-
section (b). 
(e) PLANNING REQUIREMENT.— 
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(1) IN GENERAL.—Before receiving a payment 
under the program, an eligible State or eligible Trib-
al government, or combination thereof, shall submit 
to the Secretary a plan that describes how the eligi-
ble State or eligible Tribal government will use the 
payment in accordance with subsection (c). 
(2) APPROVAL.— 
(A) IN GENERAL.—The Secretary shall ap-
prove a plan submitted under paragraph (1), 
and any updates submitted under paragraph 
(3), prior to making the relevant payment 
under this section. 
(B) 
DETERMINATION.—The 
Secretary 
shall not approve a plan under subparagraph 
(A) unless the Secretary determines that the 
plan will facilitate carrying out economic devel-
opment or diversification activities in accord-
ance with subsection (c). 
(3) UPDATES TO PLAN.—Each year, an eligible 
State or eligible Tribal government, or combination 
thereof, shall submit to the Secretary any updates to 
the plan submitted under paragraph (1). 
(f) REPORTING REQUIREMENT.— 
(1) IN GENERAL.—Subject to paragraph (2), 
each eligible State and eligible Tribal government 
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that receives a payment under this section shall sub-
mit to the Secretary periodic reports, which the Sec-
retary shall make available to the public, providing 
a detailed accounting of the uses of the payments by 
such eligible State or eligible Tribal government, and 
such reports shall include such other information as 
the Secretary may require for the administration of 
this section. 
(2) EXCEPTION.—Any information submitted 
by an eligible Tribal government under paragraph 
(1) that is designated by the eligible Tribal govern-
ment as sensitive or private according to Native 
American custom, law, culture, or religion— 
(A) may not be made available to the pub-
lic; and 
(B) shall be exempt from disclosure under 
section 552(b)(3)(B) of title 5, United States 
Code. 
(g) LABOR REQUIREMENTS.—Eligible States and eli-
gible Tribal governments that receive payments under this 
section shall provide to the Secretary written assurances 
that— 
(1) all laborers and mechanics employed by con-
tractors or subcontractors in the performance of 
construction, alteration or repair work carried out, 
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in whole or in part, with assistance made available 
under this section shall be paid wages at rates not 
less than those prevailing on projects of a character 
similar in the locality as determined by the Sec-
retary 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 para-
graph, the Secretary of Labor shall have the author-
ity 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; 
(2) all service employees employed by contrac-
tors or subcontractors to furnish services carried 
out, in whole or in part, with assistance made avail-
able under this section shall be paid not less than 
the minimum wage and fringe benefits rates de-
scribed in section 6703 of title 41, United States 
Code, and with respect to the labor standards speci-
fied in this paragraph, the Secretary of Labor shall 
have the authority and functions set forth in chapter 
67 of title 41, United States Code; and 
(3) all contractors and subcontractors per-
forming work on a project assisted in whole or in 
part by this section, shall have an explicit neutrality 
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policy on any issue involving the organization of em-
ployees for purposes of collective bargaining. 
(h) RECOUPMENT.—Any eligible State or eligible 
Tribal government that has failed to submit a report re-
quired under subsection (f), or failed to comply with sub-
section (c) or subsection (g)— 
(1) shall be prohibited from receiving payments 
under this section; and 
(2) shall be required to repay to the Secretary 
an amount equal to— 
(A) in the case of a failure to comply with 
subsection (c), the amount of funds used in vio-
lation of such subsection; and 
(B) in the case of a failure to submit a re-
port required under subsection (f), such amount 
as the Secretary determines appropriate, but 
not to exceed 15 percent of the total amount 
paid to the eligible State or eligible Tribal gov-
ernment under this section. 
(i) DEFINITIONS.—In this Act: 
(1) ELIGIBLE
STATE.—The term ‘‘eligible 
State’’ means any State that received any Federal 
mineral revenue in any of fiscal years 2016 through 
2020. 
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(2) ELIGIBLE
TRIBE.—The term ‘‘eligible 
Tribe’’ means any Indian or Alaska Native Tribe, 
band, nation, pueblo, village, community, component 
band, or component reservation that— 
(A) is individually identified (including 
parenthetically) in the list published most re-
cently as of the date of enactment of this sec-
tion pursuant to section 104 of the Federally 
Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 5131); and 
(B) received any Federal mineral revenue 
in any of fiscal years 2016 through 2020. 
(3) ELIGIBLE
TRIBAL
GOVERNMENT.—The 
term ‘‘eligible Tribal government’’ means the recog-
nized governing body of an eligible Tribe. 
(4) FEDERAL MINERAL REVENUE.—The term 
‘‘Federal mineral revenue’’ means amounts received 
by States and Tribes from sales, royalties, rentals, 
bonus bids, interest, and other sums paid for pro-
duction or development of oil, gas, coal, or other fos-
sil fuels from leases entered into pursuant to— 
(A) the Outer Continental Shelf Lands Act 
(43 U.S.C. 1331 et seq.); 
(B) the Gulf of Mexico Energy Security 
Act of 2006 (43 U.S.C. 1331 note); 
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(C) the Mineral Leasing Act (30 U.S.C. 
181 et seq.); 
(D) the Mineral Leasing Act for Acquired 
Lands (30 U.S.C. 351 et seq.); 
(E) the Naval Petroleum Reserves Produc-
tion Act of 1976 (42 U.S.C. 6501 et seq.); and 
(F) the Act entitled ‘‘An Act to regulate 
the leasing of certain Indian lands for mining 
purposes’’ (Chapter 198; 52 Stat. 347; 25 
U.S.C. 396a et seq.). 
(5) PROGRAM.—The term ‘‘program’’ means 
the program established under subsection (a). 
(6) TRIBAL
LAND.—The term ‘‘Tribal land’’ 
means any land or minerals, or interests in land or 
minerals, owned by any eligible Tribe, the title to 
which is held in trust by the United States, or is 
subject to a restriction against alienation under the 
laws of the United States. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(j) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for fis-
cal year 2022— 
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(1) to make payments under subsection (b)(1), 
$4,500,000,000, to remain available until fiscal year 
2031; and 
(2) to make payments under subsection (b)(2), 
$500,000,000, to remain available until fiscal year 
2031. 
Æ 
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