[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5193 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5193
To provide payments to States and Tribal governments to support energy
transition communities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 7, 2021
Ms. Leger Fernandez introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure, and in addition
to the Committee on Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide payments to States and Tribal governments to support energy
transition communities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Just Transition for Energy
Communities Act''.
SEC. 2. STATE AND TRIBAL GOVERNMENT ENERGY TRANSITION 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 governments 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 Secretary, 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 generation
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 unemployment rate, and other
economic indicators during the 10-year period ending on
the date of enactment 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 account--
(A) the past levels of fossil fuel (including such
fossil fuels as coal, oil, and natural gas)
development, production, and electricity generation on
the Tribal land of the eligible Tribe during the 10-
year period ending on the date of enactment 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 unemployment rate, and other
economic indicators during the 10-year period ending on
the date of enactment of this Act; and
(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 economic development or
diversification activities, which includes planning such
activities.
(2) Prohibited use.--Eligible States and eligible Tribal
governments that receive payments under the program may not use
such payments--
(A) with respect to any new or existing
development, 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 payments are to be made under
the program, notify each eligible State and eligible Tribal government
of the amount of the payment they may receive as determined under
subsection (b).
(e) Planning Requirement.--
(1) In general.--Before receiving a payment under the
program, an eligible State or eligible Tribal government, or
combination thereof, shall submit to the Secretary a plan that
describes how the eligible State or eligible Tribal government
will use the payment in accordance with subsection (c).
(2) Approval.--
(A) In general.--The Secretary shall approve 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 development or diversification activities in
accordance 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 that receives a payment
under this section shall submit to the Secretary periodic
reports, which the Secretary 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 government as sensitive or private according to
Native American custom, law, culture, or religion--
(A) may not be made available to the public; 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 eligible Tribal
governments that receive payments under this section shall provide to
the Secretary written assurances that--
(1) all laborers and mechanics employed by contractors or
subcontractors in the performance of construction, alteration
or repair work carried out, 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
Secretary of Labor in accordance with subchapter IV of chapter
31 of title 40, United States Code, and with respect to the
labor standards specified in this paragraph, the Secretary of
Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
U.S.C. App.) and section 3145 of title 40, United States Code;
(2) all service employees employed by contractors or
subcontractors to furnish services carried out, in whole or in
part, with assistance made available under this section shall
be paid not less than the minimum wage and fringe benefits
rates described in section 6703 of title 41, United States
Code, and with respect to the labor standards specified 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 performing work on a
project assisted in whole or in part by this section, shall
have an explicit neutrality policy on any issue involving the
organization of employees for purposes of collective
bargaining.
(h) Recoupment.--Any eligible State or eligible Tribal government
that has failed to submit a report required under subsection (f), or
failed to comply with subsection (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 violation
of such subsection; and
(B) in the case of a failure to submit a report
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 government 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.
(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 recently as
of the date of enactment of this section 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 recognized 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 production or development of oil, gas, coal, or other
fossil 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);
(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 Production 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 fiscal year 2022--
(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.
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