SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Utilizing Significant 
Emissions with Innovative Technologies Act’’ or the ‘‘USE 
IT Act’’. 
TITLE 
I—ENCOURAGING 
PROJECTS TO REDUCE EMIS-
SIONS 
SEC. 101. RESEARCH, INVESTIGATION, TRAINING, AND 
OTHER ACTIVITIES. 
Section 103 of the Clean Air Act (42 U.S.C. 7403) 
is amended— 
(1) in subsection (c)(3), in the first sentence of 
the matter preceding subparagraph (A), by striking 
‘‘percursors’’ and inserting ‘‘precursors’’; and 
(2) in subsection (g)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (4) as subparagraphs (A) through (D), 
respectively, and indenting appropriately; 
(B) in the undesignated matter following 
subparagraph (D) (as so redesignated)— 
(i) in the second sentence, by striking 
‘‘The Administrator’’ and inserting the fol-
lowing: 
‘‘(5) COORDINATION AND AVOIDANCE OF DU-
PLICATION.—The Administrator’’; and 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
(ii) in the first sentence, by striking 
‘‘Nothing’’ and inserting the following: 
‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; 
(C) in the matter preceding subparagraph 
(A) (as so redesignated)— 
(i) in the third sentence, by striking 
‘‘Such program’’ and inserting the fol-
lowing: 
‘‘(3) PROGRAM
INCLUSIONS.—The program 
under this subsection’’; 
(ii) in the second sentence— 
(I) by inserting ‘‘States, institu-
tions of higher education,’’ after ‘‘sci-
entists,’’; and 
(II) by striking ‘‘Such strategies 
and technologies shall be developed’’ 
and inserting the following: 
‘‘(2) 
PARTICIPATION
REQUIREMENT.—Such 
strategies and technologies described in paragraph 
(1) shall be developed’’; and 
(iii) in the first sentence, by striking 
‘‘In carrying out’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—In carrying out’’; and 
(D) by adding at the end the following: 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— 
‘‘(A) IN GENERAL.—In carrying out para-
graph (3)(A) with respect to carbon dioxide, the 
Administrator shall carry out the activities de-
scribed in each of subparagraphs (B), (C), (D), 
and (E). 
‘‘(B) DIRECT AIR CAPTURE RESEARCH.— 
‘‘(i) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) BOARD.—The term ‘Board’ 
means the Direct Air Capture Tech-
nology Advisory Board established by 
clause (iii)(I). 
‘‘(II) DILUTE.—The term ‘dilute’ 
means a concentration of less than 1 
percent by volume. 
‘‘(III) DIRECT AIR CAPTURE.— 
‘‘(aa) IN
GENERAL.—The 
term ‘direct air capture’, with re-
spect to a facility, technology, or 
system, means that the facility, 
technology, or system uses car-
bon capture equipment to cap-
ture carbon dioxide directly from 
the air. 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
‘‘(bb) 
EXCLUSION.—The 
term ‘direct air capture’ does not 
include any facility, technology, 
or system that captures carbon 
dioxide— 
‘‘(AA) that is delib-
erately released from a natu-
rally occurring subsurface 
spring; or 
‘‘(BB) 
using 
natural 
photosynthesis. 
‘‘(IV) 
INTELLECTUAL
PROP-
ERTY.—The term ‘intellectual prop-
erty’ means— 
‘‘(aa) an invention that is 
patentable under title 35, United 
States Code; and 
‘‘(bb) any patent on an in-
vention described in item (aa). 
‘‘(ii) TECHNOLOGY PRIZES.— 
‘‘(I) IN
GENERAL.—Not later 
than 1 year after the date of enact-
ment of the USE IT Act, the Admin-
istrator, in consultation with the Sec-
retary of Energy, shall establish a 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
program to provide, and shall provide, 
financial awards on a competitive 
basis for direct air capture from 
media in which the concentration of 
carbon dioxide is dilute. 
‘‘(II) DUTIES.—In carrying out 
this clause, the Administrator shall— 
‘‘(aa) subject to subclause 
(III), develop specific require-
ments for— 
‘‘(AA) the competition 
process; and 
‘‘(BB) the demonstra-
tion of performance of ap-
proved projects; 
‘‘(bb) offer financial awards 
for a project designed— 
‘‘(AA) to the maximum 
extent practicable, to cap-
ture more than 10,000 tons 
of carbon dioxide per year; 
and 
‘‘(BB) to operate in a 
manner that would be com-
mercially viable in the fore-
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
seeable future (as deter-
mined by the Board); and 
‘‘(cc) to the maximum ex-
tent practicable, make financial 
awards to geographically diverse 
projects, including at least— 
‘‘(AA) 1 project in a 
coastal State; and 
‘‘(BB) 1 project in a 
rural State. 
‘‘(III) PUBLIC PARTICIPATION.— 
In carrying out subclause (II)(aa), the 
Administrator shall— 
‘‘(aa) provide notice of and, 
for a period of not less than 60 
days, an opportunity for public 
comment on, any draft or pro-
posed version of the requirements 
described in subclause (II)(aa); 
and 
‘‘(bb) take into account pub-
lic comments received in devel-
oping the final version of those 
requirements. 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
‘‘(iii) DIRECT
AIR
CAPTURE
TECH-
NOLOGY ADVISORY BOARD.— 
‘‘(I) ESTABLISHMENT.—There is 
established an advisory board to be 
known as the ‘Direct Air Capture 
Technology Advisory Board’. 
‘‘(II) COMPOSITION.—The Board 
shall be composed of 9 members ap-
pointed by the Administrator, who 
shall provide expertise in— 
‘‘(aa) climate science; 
‘‘(bb) physics; 
‘‘(cc) chemistry; 
‘‘(dd) biology; 
‘‘(ee) engineering; 
‘‘(ff) economics; 
‘‘(gg) business management; 
and 
‘‘(hh) such other disciplines 
as the Administrator determines 
to be necessary to achieve the 
purposes of this subparagraph. 
‘‘(III) TERM; VACANCIES.— 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
‘‘(VII) CHAIRPERSON AND VICE 
CHAIRPERSON.—The Board shall se-
lect a Chairperson and Vice Chair-
person from among the members of 
the Board. 
‘‘(VIII) 
COMPENSATION.—Each 
member of the Board may be com-
pensated at not to exceed the daily 
equivalent of the annual rate of basic 
pay in effect for a position at level V 
of the Executive Schedule under sec-
tion 5316 of title 5, United States 
Code, for each day during which the 
member is engaged in the actual per-
formance of the duties of the Board. 
‘‘(IX) DUTIES.—The Board shall 
advise the Administrator on carrying 
out the duties of the Administrator 
under this subparagraph. 
‘‘(X) FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) 
shall apply to the Board. 
‘‘(iv) INTELLECTUAL PROPERTY.— 
‘‘(I) IN GENERAL.—As a condi-
tion of receiving a financial award 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
under this subparagraph, an applicant 
shall agree to vest the intellectual 
property of the applicant derived from 
the technology in 1 or more entities 
that are incorporated in the United 
States. 
‘‘(II) 
RESERVATION
OF
LI-
CENSE.—The United States— 
‘‘(aa) may reserve a non-
exclusive, nontransferable, irrev-
ocable, paid-up license, to have 
practiced for or on behalf of the 
United States, in connection with 
any 
intellectual 
property 
de-
scribed in subclause (I); but 
‘‘(bb) shall not, in the exer-
cise of a license reserved under 
item (aa), publicly disclose pro-
prietary information relating to 
the license. 
‘‘(III) TRANSFER
OF
TITLE.— 
Title to any intellectual property de-
scribed in subclause (I) shall not be 
transferred or passed, except to an 
entity that is incorporated in the 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
United States, until the expiration of 
the first patent obtained in connection 
with the intellectual property. 
‘‘(v) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated to carry out this subparagraph 
$35,000,000, to remain available until ex-
pended. 
‘‘(vi) TERMINATION OF AUTHORITY.— 
The Board and all authority provided 
under this subparagraph shall terminate 
not later than 10 years after the date of 
enactment of the USE IT Act. 
‘‘(C) CARBON
DIOXIDE
UTILIZATION
RE-
SEARCH.— 
‘‘(i) DEFINITION OF CARBON DIOXIDE 
UTILIZATION.—In this subparagraph, the 
term ‘carbon dioxide utilization’ refers to 
technologies or approaches that lead to the 
use of carbon dioxide— 
‘‘(I) through the fixation of car-
bon dioxide through photosynthesis or 
chemosynthesis, such as through the 
growing of algae or bacteria; 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
‘‘(II) through the chemical con-
version of carbon dioxide to a material 
or chemical compound in which the 
carbon dioxide is securely stored; or 
‘‘(III) through the use of carbon 
dioxide for any other purpose for 
which a commercial market exists, as 
determined by the Administrator. 
‘‘(ii) PROGRAM.—The Administrator, 
in consultation with the Secretary of En-
ergy, shall carry out a research and devel-
opment program for carbon dioxide utiliza-
tion to promote existing and new tech-
nologies that transform carbon dioxide 
generated by industrial processes into a 
product of commercial value, or as an 
input to products of commercial value. 
‘‘(iii) TECHNICAL AND FINANCIAL AS-
SISTANCE.—Not later than 2 years after 
the date of enactment of the USE IT Act, 
in carrying out this subsection, the Admin-
istrator, in consultation with the Secretary 
of Energy, shall support research and in-
frastructure activities relating to carbon 
dioxide utilization by providing technical 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
assistance and financial assistance in ac-
cordance with clause (iv). 
‘‘(iv) ELIGIBILITY.—To be eligible to 
receive technical assistance and financial 
assistance under clause (iii), a carbon diox-
ide utilization project shall— 
‘‘(I) have access to an emissions 
stream generated by a stationary 
source within the United States that 
is capable of supplying not less than 
250 metric tons per day of carbon di-
oxide for research; 
‘‘(II) have access to adequate 
space for a laboratory and equipment 
for testing small-scale carbon dioxide 
utilization technologies, with onsite 
access to larger test bays for scale-up; 
and 
‘‘(III) have existing partnerships 
with institutions of higher education, 
private companies, States, or other 
government entities. 
‘‘(v) COORDINATION.—In supporting 
carbon dioxide utilization projects under 
this paragraph, the Administrator shall 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
consult with the Secretary of Energy, and, 
as appropriate, with the head of any other 
relevant Federal agency, States, the pri-
vate sector, and institutions of higher edu-
cation to develop methods and technologies 
to account for the carbon dioxide emissions 
avoided by the carbon dioxide utilization 
projects. 
‘‘(vi) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated to carry out this subparagraph 
$50,000,000, to remain available until ex-
pended. 
‘‘(D) 
DEEP
SALINE
FORMATION
RE-
PORT.— 
‘‘(i) DEFINITION
OF
DEEP
SALINE 
FORMATION.— 
‘‘(I) IN GENERAL.—In this sub-
paragraph, the term ‘deep saline for-
mation’ means a formation of sub-
surface geographically extensive sedi-
mentary rock layers saturated with 
waters or brines that have a high total 
dissolved solids content and that are 
below the depth where carbon dioxide 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
can exist in the formation as a super-
critical fluid. 
‘‘(II) CLARIFICATION.—In this 
subparagraph, the term ‘deep saline 
formation’ does not include oil and 
gas reservoirs. 
‘‘(ii) REPORT.—In consultation with 
the Secretary of Energy, and, as appro-
priate, with the head of any other relevant 
Federal agency and relevant stakeholders, 
not later than 1 year after the date of en-
actment of the USE IT Act, the Adminis-
trator shall prepare, submit to Congress, 
and make publicly available a report that 
includes— 
‘‘(I) a comprehensive identifica-
tion of potential risks and benefits to 
project developers associated with in-
creased storage of carbon dioxide cap-
tured from stationary sources in deep 
saline formations, using existing re-
search; 
‘‘(II) recommendations for man-
aging the potential risks identified 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
under subclause (I), including poten-
tial risks unique to public land; and 
‘‘(III) recommendations for Fed-
eral legislation or other policy changes 
to mitigate any potential risks identi-
fied under subclause (I). 
‘‘(E) REPORT ON CARBON DIOXIDE NON-
REGULATORY
STRATEGIES
AND
TECH-
NOLOGIES.— 
‘‘(i) IN
GENERAL.—Not less fre-
quently than once every 2 years, the Ad-
ministrator shall submit to the Committee 
on Environment and Public Works of the 
Senate and the Committee on Energy and 
Commerce of the House of Representatives 
a report that describes— 
‘‘(I) the recipients of assistance 
under subparagraphs (B) and (C); 
and 
‘‘(II) a plan for supporting addi-
tional nonregulatory strategies and 
technologies that could significantly 
prevent carbon dioxide emissions or 
reduce carbon dioxide levels in the air, 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
in conjunction with other Federal 
agencies. 
‘‘(ii) INCLUSIONS.—The plan sub-
mitted under clause (i) shall include— 
‘‘(I) a methodology for evaluating 
and ranking technologies based on the 
ability of the technologies to cost ef-
fectively reduce carbon dioxide emis-
sions or carbon dioxide levels in the 
air; and 
‘‘(II) a description of any nonair- 
related environmental or energy con-
siderations regarding the technologies. 
‘‘(F) GAO 
REPORT.—The Comptroller 
General of the United States shall submit to 
Congress a report that— 
‘‘(i) identifies all Federal grant pro-
grams in which a purpose of a grant under 
the program is to perform research on car-
bon capture and utilization technologies, 
including direct air capture technologies; 
and 
‘‘(ii) examines the extent to which the 
Federal grant programs identified pursu-
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
ant to clause (i) overlap or are duplica-
tive.’’. 
TITLE 
II—IMPROVEMENT 
OF 
PERMITTING PROCESS FOR 
CARBON DIOXIDE CAPTURE 
AND 
INFRASTRUCTURE 
PROJECTS 
SEC. 201. INCLUSION OF CARBON CAPTURE INFRASTRUC-
TURE PROJECTS. 
Section 41001(6) of the FAST Act (42 U.S.C. 
4370m(6)) is amended— 
(1) in subparagraph (A)— 
(A) in the matter preceding clause (i), by 
inserting ‘‘carbon capture,’’ after ‘‘manufac-
turing,’’; 
(B) in clause (i)(III), by striking ‘‘or’’ at 
the end; 
(C) by redesignating clause (ii) as clause 
(iii); and 
(D) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) is covered by a programmatic 
plan or environmental review developed for 
the primary purpose of facilitating develop-
ment of carbon dioxide pipelines; or’’; and 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
(2) by adding at the end the following: 
‘‘(C) INCLUSION.—For purposes of sub-
paragraph (A), construction of infrastructure 
for carbon capture includes construction of— 
‘‘(i) any facility, technology, or system 
that captures, utilizes, or sequesters car-
bon dioxide emissions, including projects 
for direct air capture (as defined in para-
graph (6)(B)(i) of section 103(g) of the 
Clean Air Act (42 U.S.C. 7403(g)); and 
‘‘(ii) carbon dioxide pipelines.’’. 
SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZA-
TION, AND SEQUESTRATION REPORT, PER-
MITTING GUIDANCE, AND REGIONAL PERMIT-
TING TASK FORCE. 
(a) DEFINITIONS.—In this section: 
(1) CARBON CAPTURE, UTILIZATION, AND SE-
QUESTRATION PROJECTS.—The term ‘‘carbon cap-
ture, utilization, and sequestration projects’’ includes 
projects for direct air capture (as defined in para-
graph (6)(B)(i) of section 103(g) of the Clean Air 
Act (42 U.S.C. 7403(g))). 
(2) 
EFFICIENT, 
ORDERLY, 
AND
RESPON-
SIBLE.—The term ‘‘efficient, orderly, and respon-
sible’’ means, with respect to development or the 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
permitting process for carbon capture, utilization, 
and sequestration projects and carbon dioxide pipe-
lines, a process that is completed in an expeditious 
manner while maintaining environmental, health, 
and safety protections. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Chair of 
the Council on Environmental Quality (referred to in 
this section as the ‘‘Chair’’), in consultation with the 
Administrator of the Environmental Protection 
Agency, the Secretary of Energy, the Secretary of 
the Interior, the Executive Director of the Federal 
Permitting Improvement Council, and the head of 
any other relevant Federal agency (as determined by 
the President), shall prepare a report that— 
(A) compiles all existing relevant Federal 
permitting and review information and re-
sources for project applicants, agencies, and 
other stakeholders interested in the deployment 
of carbon capture, utilization, and sequestration 
projects and carbon dioxide pipelines, includ-
ing— 
(i) the appropriate points of inter-
action with Federal agencies; 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
(ii) clarification of the permitting re-
sponsibilities and authorities among Fed-
eral agencies; and 
(iii) best practices and templates for 
permitting; 
(B) inventories current or emerging activi-
ties that transform captured carbon dioxide into 
a product of commercial value, or as an input 
to products of commercial value; 
(C) inventories existing initiatives and re-
cent publications that analyze or identify pri-
ority carbon dioxide pipelines needed to enable 
efficient, orderly, and responsible development 
of carbon capture, utilization, and sequestration 
projects at increased scale; 
(D) identifies gaps in the current Federal 
regulatory framework for the deployment of 
carbon capture, utilization, and sequestration 
projects and carbon dioxide pipelines; and 
(E) identifies Federal financing mecha-
nisms available to project developers. 
(2) SUBMISSION; 
PUBLICATION.—The Chair 
shall— 
(A) submit the report under paragraph (1) 
to the Committee on Environment and Public 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
Works of the Senate and the Committee on En-
ergy and Commerce of the House of Represent-
atives; and 
(B) as soon as practicable, make the report 
publicly available. 
(c) GUIDANCE.— 
(1) IN GENERAL.—After submission of the re-
port under subsection (b)(2), but not later than 1 
year after the date of enactment of this Act, the 
Chair shall submit guidance consistent with that re-
port to all relevant Federal agencies that— 
(A) facilitates reviews associated with the 
deployment of carbon capture, utilization, and 
sequestration projects and carbon dioxide pipe-
lines; and 
(B) supports the efficient, orderly, and re-
sponsible development of carbon capture, utili-
zation, and sequestration projects and carbon 
dioxide pipelines. 
(2) REQUIREMENTS.— 
(A) IN
GENERAL.—The guidance under 
paragraph (1) shall address requirements 
under— 
(i) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
(ii) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); 
(iii) the Clean Air Act (42 U.S.C. 
7401 et seq.); 
(iv) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(v) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(vi) division A of subtitle III of title 
54, United States Code (formerly known 
as the ‘‘National Historic Preservation 
Act’’); 
(vii) the Migratory Bird Treaty Act 
(16 U.S.C. 703 et seq.); 
(viii) the Act of June 8, 1940 (16 
U.S.C. 668 et seq.) (commonly known as 
the ‘‘Bald and Golden Eagle Protection 
Act’’); and 
(ix) any other Federal law that the 
Chair determines to be appropriate. 
(B) 
ENVIRONMENTAL
REVIEWS.—The 
guidance under paragraph (1) shall include di-
rection to States and other interested parties 
for the development of programmatic environ-
mental reviews under the National Environ-
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for carbon capture, utilization, and se-
questration projects and carbon dioxide pipe-
lines. 
(C) PUBLIC INVOLVEMENT.—The guidance 
under paragraph (1) shall be subject to the 
public notice, comment, and solicitation of in-
formation procedures under section 1506.6 of 
title 40, Code of Federal Regulations (or a suc-
cessor regulation). 
(3) SUBMISSION; 
PUBLICATION.—The Chair 
shall— 
(A) submit the guidance under paragraph 
(1) to the Committee on Environment and Pub-
lic Works of the Senate and the Committee on 
Energy and Commerce of the House of Rep-
resentatives; and 
(B) as soon as practicable, make the guid-
ance publicly available. 
(4) EVALUATION.—The Chair shall— 
(A) periodically evaluate the reports of the 
task forces under subsection (d)(5) and, as nec-
essary, revise the guidance under paragraph 
(1); and 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
(B) each year, submit to the Committee on 
Environment and Public Works of the Senate, 
the Committee on Energy and Commerce of the 
House of Representatives, and relevant Federal 
agencies a report that describes any rec-
ommendations for legislation, rules, revisions to 
rules, or other policies that would address the 
issues identified by the task forces under sub-
section (d)(5). 
(d) TASK FORCE.— 
(1) ESTABLISHMENT.—Not later than 18 
months after the date of enactment of this Act, the 
Chair shall establish not less than 2 task forces, 
which shall each cover a different geographical area 
with differing demographic, land use, or geological 
issues— 
(A) to identify permitting and other chal-
lenges and successes that permitting authorities 
and project developers and operators face; and 
(B) to improve the performance of the per-
mitting process and regional coordination for 
the purpose of promoting the efficient, orderly, 
and responsible development of carbon capture, 
utilization, and sequestration projects and car-
bon dioxide pipelines. 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
(2) MEMBERS AND SELECTION.— 
(A) IN GENERAL.—The Chair shall— 
(i) develop criteria for the selection of 
members to each task force; and 
(ii) select members for each task force 
in accordance with clause (i) and subpara-
graph (B). 
(B) MEMBERS.—Each task force— 
(i) shall include not less than 1 rep-
resentative of each of— 
(I) the Environmental Protection 
Agency; 
(II) the Department of Energy; 
(III) the Department of the Inte-
rior; 
(IV) any other Federal agency 
the Chair determines to be appro-
priate; 
(V) any State that requests par-
ticipation in the geographical area 
covered by the task force; 
(VI) developers or operators of 
carbon capture, utilization, and se-
questration projects or carbon dioxide 
pipelines; and 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
(VII) nongovernmental member-
ship organizations, the primary mis-
sion of which concerns protection of 
the environment; and 
(ii) at the request of a Tribal or local 
government, may include a representative 
of— 
(I) not less than 1 local govern-
ment in the geographical area covered 
by the task force; and 
(II) not less than 1 Tribal gov-
ernment in the geographical area cov-
ered by the task force. 
(3) MEETINGS.— 
(A) IN GENERAL.—Each task force shall 
meet not less than twice each year. 
(B) JOINT
MEETING.—To the maximum 
extent practicable, the task forces shall meet 
collectively not less than once each year. 
(4) DUTIES.—Each task force shall— 
(A) inventory existing or potential Federal 
and State approaches to facilitate reviews asso-
ciated with the deployment of carbon capture, 
utilization, and sequestration projects and car-
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
bon dioxide pipelines, including best practices 
that— 
(i) avoid duplicative reviews; 
(ii) engage stakeholders early in the 
permitting process; and 
(iii) make the permitting process effi-
cient, orderly, and responsible; 
(B) develop common models for State-level 
carbon dioxide pipeline regulation and oversight 
guidelines that can be shared with States in the 
geographical area covered by the task force; 
(C) provide technical assistance to States 
in the geographical area covered by the task 
force in implementing regulatory requirements 
and any models developed under subparagraph 
(B); 
(D) inventory current or emerging activi-
ties that transform captured carbon dioxide into 
a product of commercial value, or as an input 
to products of commercial value; 
(E) identify any priority carbon dioxide 
pipelines needed to enable efficient, orderly, and 
responsible development of carbon capture, uti-
lization, and sequestration projects at increased 
scale; 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
(F) identify gaps in the current Federal 
and State regulatory framework and in existing 
data for the deployment of carbon capture, uti-
lization, and sequestration projects and carbon 
dioxide pipelines; 
(G) identify Federal and State financing 
mechanisms available to project developers; and 
(H) develop recommendations for relevant 
Federal agencies on how to develop and re-
search technologies that— 
(i) can capture carbon dioxide; and 
(ii) would be able to be deployed with-
in the region covered by the task force, in-
cluding any projects that have received 
technical or financial assistance for re-
search under paragraph (6) of section 
103(g) of the Clean Air Act (42 U.S.C. 
7403(g)). 
(5) REPORT.—Each year, each task force shall 
prepare and submit to the Chair and to the other 
task forces a report that includes— 
(A) any recommendations for improve-
ments in efficient, orderly, and responsible 
issuance or administration of Federal permits 
and other Federal authorizations required 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS
under a law described in subsection (c)(2)(A); 
and 
(B) any other nationally relevant informa-
tion that the task force has collected in carrying 
out the duties under paragraph (4). 
(6) EVALUATION.—Not later than 5 years after 
the date of enactment of this Act, the Chair shall— 
(A) reevaluate the need for the task forces; 
and 
(B) submit to Congress a recommendation 
as to whether the task forces should continue. 
Æ 
VerDate Sep 11 2014 
04:05 Feb 23, 2019
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6301
E:\BILLS\H1166.IH
H1166
kjohnson on DSK79L0C42 with BILLS