[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2377 Reported in Senate (RS)]
<DOC>
Calendar No. 104
117th CONGRESS
1st Session
S. 2377
To invest in the energy and outdoor infrastructure of the United States
to deploy new and innovative technologies, update existing
infrastructure to be reliable and resilient, and secure energy
infrastructure against physical and cyber threats, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 19, 2021
Mr. Manchin, from the Committee on Energy and Natural Resources,
reported the following original bill; which was read twice and placed
on the calendar
_______________________________________________________________________
A BILL
To invest in the energy and outdoor infrastructure of the United States
to deploy new and innovative technologies, update existing
infrastructure to be reliable and resilient, and secure energy
infrastructure against physical and cyber threats, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy
Infrastructure Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A--Grid Infrastructure Resilience and Reliability
Sec. 1001. Preventing outages and enhancing the resilience of the
electric grid.
Sec. 1002. Hazard mitigation using disaster assistance.
Sec. 1003. Electric grid reliability and resilience research,
development, and demonstration.
Sec. 1004. Utility demand response.
Sec. 1005. Siting of interstate electric transmission facilities.
Sec. 1006. Rulemaking to increase the effectiveness of interregional
transmission planning.
Sec. 1007. Transmission facilitation program.
Sec. 1008. Deployment of technologies to enhance grid flexibility.
Sec. 1009. State energy security plans.
Sec. 1010. State energy program.
Sec. 1011. Power marketing administration transmission borrowing
authority.
Sec. 1012. Study of codes and standards for use of energy storage
systems across sectors.
Sec. 1013. Demonstration of electric vehicle battery second-life
applications for grid services.
Sec. 1014. Columbia Basin power management.
Subtitle B--Cybersecurity
Sec. 1101. Enhancing grid security through public-private partnerships.
Sec. 1102. Energy Cyber Sense program.
Sec. 1103. Incentives for advanced cybersecurity technology investment.
Sec. 1104. Rural and municipal utility advanced cybersecurity grant and
technical assistance program.
Sec. 1105. Enhanced grid security.
Sec. 1106. Cybersecurity plan.
Sec. 1107. Savings provision.
TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
Sec. 2001. Earth Mapping Resources Initiative.
Sec. 2002. National Cooperative Geologic Mapping Program.
Sec. 2003. National Geological and Geophysical Data Preservation
Program.
Sec. 2004. USGS energy and minerals research facility.
Sec. 2005. Rare earth elements demonstration facility.
Sec. 2006. Critical minerals supply chains and reliability.
Sec. 2007. Battery processing and manufacturing.
Sec. 2008. Electric drive vehicle battery recycling and second-life
applications program.
Sec. 2009. Advanced energy manufacturing and recycling grant program.
Sec. 2010. Critical minerals mining and recycling research.
Sec. 2011. 21st Century Energy Workforce Advisory Board.
TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Subtitle A--Carbon Capture, Utilization, Storage, and Transportation
Infrastructure
Sec. 3001. Findings.
Sec. 3002. Carbon utilization program.
Sec. 3003. Carbon capture technology program.
Sec. 3004. Carbon dioxide transportation infrastructure finance and
innovation.
Sec. 3005. Carbon storage validation and testing.
Sec. 3006. Secure geologic storage permitting.
Sec. 3007. Geologic carbon sequestration on the outer Continental
Shelf.
Sec. 3008. Carbon removal.
Subtitle B--Hydrogen Research and Development
Sec. 3101. Findings; purpose.
Sec. 3102. Definitions.
Sec. 3103. Clean hydrogen research and development program.
Sec. 3104. Additional clean hydrogen programs.
Sec. 3105. Clean hydrogen production qualifications.
Subtitle C--Nuclear Energy Infrastructure
Sec. 3201. Infrastructure planning for micro and small modular nuclear
reactors.
Sec. 3202. Property interests relating to certain projects and
protection of information relating to
certain agreements.
Sec. 3203. Civil nuclear credit program.
Subtitle D--Hydropower
Sec. 3301. Hydroelectric production incentives.
Sec. 3302. Hydroelectric efficiency improvement incentives.
Sec. 3303. Maintaining and enhancing hydroelectricity incentives.
Sec. 3304. Pumped storage hydropower wind and solar integration and
system reliability initiative.
Sec. 3305. Authority for pumped storage hydropower development using
multiple Bureau of Reclamation reservoirs.
Sec. 3306. Limitations on issuance of certain leases of power
privilege.
Subtitle E--Miscellaneous
Sec. 3401. Solar energy technologies on current and former mine land.
Sec. 3402. Clean energy demonstration program on current and former
mine land.
Sec. 3403. Leases, easements, and rights-of-way for energy and related
purposes on the outer Continental Shelf.
TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION
Subtitle A--Department of Energy Loan Program
Sec. 4001. Department of Energy loan programs.
Subtitle B--Energy Information Administration
Sec. 4101. Definitions.
Sec. 4102. Data collection in the electricity sector.
Sec. 4103. Expansion of energy consumption surveys.
Sec. 4104. Data collection on electric vehicle integration with the
electricity grids.
Sec. 4105. Plan for the modeling and forecasting of demand for minerals
used in the energy sector.
Sec. 4106. Expansion of international energy data.
Sec. 4107. Plan for the National Energy Modeling System.
Sec. 4108. Report on costs of carbon abatement in the electricity
sector.
Sec. 4109. Harmonization of efforts and data.
Subtitle C--Miscellaneous
Sec. 4201. Consideration of measures to promote greater electrification
of the transportation sector.
Sec. 4202. Office of public participation.
Sec. 4203. Digital climate solutions report.
Sec. 4204. Study and report by the Secretary of Energy on job loss and
impacts on consumer energy costs due to the
revocation of the permit for the Keystone
XL pipeline.
Sec. 4205. Study on impact of electric vehicles.
Sec. 4206. Study on impact of forced labor in China on the electric
vehicle supply chain.
TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A--Residential and Commercial Energy Efficiency
Sec. 5001. Definitions.
Sec. 5002. Energy efficiency revolving loan fund capitalization grant
program.
Sec. 5003. Energy auditor training grant program.
Subtitle B--Buildings
Sec. 5101. Cost-effective codes implementation for efficiency and
resilience.
Sec. 5102. Building, training, and assessment centers.
Sec. 5103. Career skills training.
Sec. 5104. Commercial building energy consumption information sharing.
Subtitle C--Industrial Energy Efficiency
PART I--Industry
Sec. 5201. Future of industry program and industrial research and
assessment centers.
Sec. 5202. Sustainable manufacturing initiative.
PART II--Smart Manufacturing
Sec. 5211. Definitions.
Sec. 5212. Leveraging existing agency programs to assist small and
medium manufacturers.
Sec. 5213. Leveraging smart manufacturing infrastructure at National
Laboratories.
Sec. 5214. State manufacturing leadership.
Sec. 5215. Report.
Subtitle D--Schools and Nonprofits
Sec. 5301. Grants for energy efficiency improvements and renewable
energy improvements at public school
facilities.
Sec. 5302. Energy efficiency materials pilot program.
Subtitle E--Miscellaneous
Sec. 5401. Weatherization assistance program.
Sec. 5402. Energy Efficiency and Conservation Block Grant Program.
Sec. 5403. Survey, analysis, and report on employment and demographics
in the energy, energy efficiency, and motor
vehicle sectors of the United States.
Sec. 5404. Assisting Federal Facilities with Energy Conservation
Technologies grant program.
Sec. 5405. Rebates.
Sec. 5406. Model guidance for combined heat and power systems and waste
heat to power systems.
TITLE VI--METHANE REDUCTION INFRASTRUCTURE
Sec. 6001. Orphaned well site plugging, remediation, and restoration.
TITLE VII--ABANDONED MINE LAND RECLAMATION
Sec. 7001. Abandoned Mine Reclamation Fund authorization of
appropriations.
Sec. 7002. Abandoned mine reclamation fee.
Sec. 7003. Amounts distributed from Abandoned Mine Reclamation Fund.
Sec. 7004. Abandoned hardrock mine reclamation.
TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
MANAGEMENT, AND ECOSYSTEM RESTORATION
Sec. 8001. Forest Service Legacy Road and Trail Remediation Program.
Sec. 8002. Study and report on feasibility of revegetating reclaimed
mine sites.
Sec. 8003. Wildfire risk reduction.
Sec. 8004. Ecosystem restoration.
Sec. 8005. GAO study.
Sec. 8006. Establishment of fuel breaks in forests and other wildland
vegetation.
Sec. 8007. Emergency actions.
TITLE IX--WESTERN WATER INFRASTRUCTURE
Sec. 9001. Authorizations of appropriations.
Sec. 9002. Water storage, groundwater storage, and conveyance projects.
Sec. 9003. Small water storage and groundwater storage projects.
Sec. 9004. Critical maintenance and repair.
Sec. 9005. Competitive grant program for large-scale water recycling
and reuse program.
Sec. 9006. Drought contingency plan funding requirements.
Sec. 9007. Multi-benefit projects to improve watershed health.
Sec. 9008. Eligible desalination projects.
Sec. 9009. Clarification of authority to use coronavirus fiscal
recovery funds to meet a non-Federal
matching requirement for authorized Bureau
of Reclamation water projects.
Sec. 9010. Federal assistance for groundwater recharge, aquifer
storage, and water source substitution
projects.
TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
Sec. 10001. Energy storage demonstration projects.
Sec. 10002. Advanced reactor demonstration program.
Sec. 10003. Mineral security projects.
Sec. 10004. Carbon capture demonstration and pilot programs.
Sec. 10005. Direct air capture technologies prize competitions.
Sec. 10006. Water power projects.
Sec. 10007. Renewable energy projects.
Sec. 10008. Industrial emissions demonstration projects.
TITLE XI--WAGE RATE REQUIREMENTS
Sec. 11001. Wage rate requirements.
TITLE XII--MISCELLANEOUS
Sec. 12001. Office of Clean Energy Demonstrations.
Sec. 12002. Extension of Secure Rural Schools and Community Self-
Determination Act of 2000.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A--Grid Infrastructure Resilience and Reliability
SEC. 1001. PREVENTING OUTAGES AND ENHANCING THE RESILIENCE OF THE
ELECTRIC GRID.
(a) Definitions.--In this section:
(1) Disruptive event.--The term ``disruptive event'' means
an event in which operations of the electric grid are
disrupted, preventively shut off, or cannot operate safely due
to extreme weather, wildfire, or a natural disaster.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) an electric grid operator;
(B) an electricity storage operator;
(C) an electricity generator;
(D) a transmission owner or operator;
(E) a distribution provider;
(F) a fuel supplier; and
(G) any other relevant entity, as determined by the
Secretary.
(3) Natural disaster.--The term ``natural disaster'' has
the meaning given the term in section 602(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195a(a)).
(4) Power line.--The term ``power line'' includes a
transmission line or a distribution line, as applicable.
(5) Program.--The term ``program'' means the program
established under subsection (b).
(b) Establishment of Program.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish a program
under which the Secretary shall make grants to eligible entities,
States, and Indian Tribes in accordance with this section.
(c) Grants to Eligible Entities.--
(1) In general.--The Secretary may make a grant under the
program to an eligible entity to carry out activities that--
(A) are supplemental to existing hardening efforts
of the eligible entity planned for any given year; and
(B)(i) reduce the risk of any power lines owned or
operated by the eligible entity causing a wildfire; or
(ii) increase the ability of the eligible entity to
reduce the likelihood and consequences of disruptive
events.
(2) Application.--
(A) In general.--An eligible entity desiring a
grant under the program shall submit to the Secretary
an application at such time, in such manner, and
containing such information as the Secretary may
require.
(B) Requirement.--As a condition of receiving a
grant under the program, an eligible entity shall
submit to the Secretary, as part of the application of
the eligible entity submitted under subparagraph (A), a
report detailing past, current, and future efforts by
the eligible entity to reduce the likelihood and
consequences of disruptive events.
(3) Limitation.--The Secretary may not award a grant to an
eligible entity in an amount that is greater than the total
amount that the eligible entity has spent in the previous 3
years on efforts to reduce the likelihood and consequences of
disruptive events.
(4) Priority.--In making grants to eligible entities under
the program, the Secretary shall give priority to projects
that, in the determination of the Secretary, will generate the
greatest community benefit (whether rural or urban) in reducing
the likelihood and consequences of disruptive events.
(5) Small utilities set aside.--The Secretary shall ensure
that not less than 30 percent of the amounts made available to
eligible entities under the program are made available to
eligible entities that sell not more than 4,000,000 megawatt
hours of electricity per year.
(d) Grants to States and Indian Tribes.--
(1) In general.--The Secretary, in accordance with this
subsection, may make grants under the program to States and
Indian Tribes, which each State or Indian Tribe may use to
award grants to eligible entities.
(2) Annual application.--
(A) In general.--For each fiscal year, to be
eligible to receive a grant under this subsection, a
State or Indian Tribe shall submit to the Secretary an
application that includes a plan described in
subparagraph (B).
(B) Plan required.--A plan prepared by a State or
Indian Tribe for purposes of an application described
in subparagraph (A) shall--
(i) describe the criteria and methods that
will be used by the State or Indian Tribe to
award grants to eligible entities;
(ii) be adopted after notice and a public
hearing; and
(iii) describe the proposed funding
distributions and recipients of the grants to
be provided by the State or Indian Tribe.
(3) Distribution of funds.--
(A) In general.--The Secretary shall provide grants
to States and Indian Tribes under this subsection based
on a formula determined by the Secretary, in accordance
with subparagraph (B).
(B) Requirement.--The formula referred to in
subparagraph (A) shall be based on the following
factors:
(i) The total population of the State or
Indian Tribe.
(ii)(I) The total area of the State or the
land of the Indian Tribe; or
(II) the areas in the State or on the land
of the Indian Tribe with a low ratio of
electricity customers per mileage of power
lines.
(iii) The probability of disruptive events
in the State or on the land of the Indian Tribe
during the previous 10 years, as determined
based on the number of federally declared
disasters or emergencies in the State or on the
land of the Indian Tribe, as applicable,
including--
(I) disasters for which Fire
Management Assistance Grants are
provided under section 420 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5187);
(II) major disasters declared by
the President under section 401 of that
Act (42 U.S.C. 5170);
(III) emergencies declared by the
President under section 501 of that Act
(42 U.S.C. 5191); and
(IV) any other federally declared
disaster or emergency in the State or
on the land of the Indian Tribe.
(iv) The number and severity, measured by
population and economic impacts, of disruptive
events experienced by the State or Indian Tribe
on or after January 1, 2011.
(v) The total amount, on a per capita
basis, of public and private expenditures
during the previous 10 years to carry out
mitigation efforts to reduce the likelihood and
consequences of disruptive events in the State
or on the land of the Indian Tribe, with States
or Indian Tribes with higher per capita
expenditures receiving additional weight or
consideration as compared to States or Indian
Tribes with lower per capita expenditures.
(C) Annual update of data used in distribution of
funds.--Beginning 1 year after the date of enactment of
this Act, the Secretary shall annually update--
(i) all data relating to the factors
described in subparagraph (B); and
(ii) all other data used in distributing
grants to States and Indian Tribes under this
subsection.
(4) Oversight.--The Secretary shall ensure that each grant
provided to a State or Indian Tribe under the program is
allocated, pursuant to the applicable plan of the State or
Indian Tribe, to eligible entities for projects within the
State or on the land of the Indian Tribe.
(5) Priority.--In making grants to eligible entities using
funds made available to the applicable State or Indian Tribe
under the program, the State or Indian Tribe shall give
priority to projects that, in the determination of the State or
Indian Tribe, will generate the greatest community benefit
(whether rural or urban) in reducing the likelihood and
consequences of disruptive events.
(6) Small utilities set aside.--A State or Indian Tribe
receiving a grant under the program shall ensure that, of the
amounts made available to eligible entities from funds made
available to the State or Indian Tribe under the program, the
percentage made available to eligible entities that sell not
more than 4,000,000 megawatt hours of electricity per year is
not less than the percentage of all customers in the State or
Indian Tribe that are served by those eligible entities.
(7) Technical assistance and administrative expenses.--Of
the amounts made available to a State or Indian Tribe under the
program each fiscal year, the State or Indian Tribe may use not
more than 5 percent for--
(A) providing technical assistance under subsection
(g)(1)(A); and
(B) administrative expenses associated with the
program.
(8) Matching requirement.--Each State and Indian Tribe
shall be required to match 15 percent of the amount of each
grant provided to the State or Indian Tribe under the program.
(e) Use of Grants.--
(1) In general.--A grant awarded to an eligible entity
under the program may be used for activities, technologies,
equipment, and hardening measures to reduce the likelihood and
consequences of disruptive events, including--
(A) weatherization technologies and equipment;
(B) fire-resistant technologies and fire prevention
systems;
(C) monitoring and control technologies;
(D) the undergrounding of electrical equipment;
(E) utility pole management;
(F) the relocation of power lines or the
reconductoring of power lines with low-sag, advanced
conductors;
(G) vegetation and fuel-load management;
(H) the use or construction of distributed energy
resources for enhancing system adaptive capacity during
disruptive events, including--
(i) microgrids; and
(ii) battery-storage subcomponents;
(I) adaptive protection technologies;
(J) advanced modeling technologies;
(K) hardening of power lines, facilities,
substations, of other systems; and
(L) the replacement of old overhead conductors and
underground cables.
(2) Prohibitions and limitations.--
(A) In general.--A grant awarded to an eligible
entity under the program may not be used for--
(i) construction of a new--
(I) electric generating facility;
or
(II) large-scale battery-storage
facility that is not used for enhancing
system adaptive capacity during
disruptive events; or
(ii) cybersecurity.
(B) Certain investments eligible for recovery.--
(i) In general.--An eligible entity may not
seek cost recovery for the portion of the cost
of any system, technology, or equipment that is
funded through a grant awarded under the
program.
(ii) Savings provision.--Nothing in this
subparagraph prohibits an eligible entity from
recovering through traditional or incentive-
based ratemaking any portion of an investment
in a system, technology, or equipment that is
not funded by a grant awarded under the
program.
(C) Application limitations.--An eligible entity
may not submit an application for a grant provided by
the Secretary under subsection (c) and a grant provided
by a State or Indian Tribe pursuant to subsection (d)
during the same application cycle.
(f) Distribution of Funding.--Of the amounts made available to
carry out the program for a fiscal year, the Secretary shall ensure
that--
(1) 50 percent is used to award grants to eligible entities
under subsection (c); and
(2) 50 percent is used to make grants to States and Indian
Tribes under subsection (d).
(g) Technical and Other Assistance.--
(1) In general.--The Secretary, States, and Indian Tribes
may--
(A) provide technical assistance and facilitate the
distribution and sharing of information to reduce the
likelihood and consequences of disruptive events; and
(B) promulgate consumer-facing information and
resources to inform the public of best practices and
resources relating to reducing the likelihood and
consequences of disruptive events.
(2) Use of funds by the secretary.--Of the amounts made
available to the Secretary to carry out the program each fiscal
year, the Secretary may use not more than 5 percent for--
(A) providing technical assistance under paragraph
(1)(A); and
(B) administrative expenses associated with the
program.
(h) Matching Requirement.--
(1) In general.--Except as provided in paragraph (2), an
eligible entity that receives a grant under this section shall
be required to match 100 percent of the amount of the grant.
(2) Exception for small utilities.--An eligible entity that
sells not more than 4,000,000 megawatt hours of electricity per
year shall be required to match \1/3\ of the amount of the
grant.
(i) Biennial Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter through
2026, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the program.
(2) Requirements.--The report under paragraph (1) shall
include information and data on--
(A) the costs of the projects for which grants are
awarded to eligible entities;
(B) the types of activities, technologies,
equipment, and hardening measures funded by those
grants; and
(C) the extent to which the ability of the power
grid to withstand disruptive events has increased.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program $5,000,000,000
for the period of fiscal years 2022 through 2026.
SEC. 1002. HAZARD MITIGATION USING DISASTER ASSISTANCE.
Section 404(f)(12) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended--
(1) by inserting ``and wildfire'' after ``windstorm'';
(2) by striking ``including replacing'' and inserting the
following: ``including--
``(A) replacing'';
(3) in subparagraph (A) (as so designated)--
(A) by inserting ``, wildfire,'' after ``extreme
wind''; and
(B) by adding ``and'' after the semicolon at the
end; and
(4) by adding at the end the following:
``(B) the installation of fire-resistant wires and
infrastructure and the undergrounding of wires;''.
SEC. 1003. ELECTRIC GRID RELIABILITY AND RESILIENCE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION.
(a) Definition of Federal Financial Assistance.--In this section,
the term ``Federal financial assistance'' has the meaning given the
term in section 200.1 of title 2, Code of Federal Regulations.
(b) Energy Infrastructure Federal Financial Assistance Program.--
(1) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible entity''
means each of--
(i) a State;
(ii) a combination of 2 or more States;
(iii) an Indian Tribe;
(iv) a unit of local government; and
(v) a public utility commission.
(B) Program.--The term ``program'' means the
competitive Federal financial assistance program
established under paragraph (2).
(2) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program, to be known as the ``Program Upgrading Our Electric
Grid and Ensuring Reliability and Resiliency'', to provide, on
a competitive basis, Federal financial assistance to eligible
entities to carry out the purpose described in paragraph (3).
(3) Purpose.--The purpose of the program is to coordinate
and collaborate with electric sector owners and operators--
(A) to demonstrate innovative approaches to
transmission, storage, and distribution infrastructure
to harden and enhance resilience and reliability; and
(B) to demonstrate new approaches to enhance
regional grid resilience, implemented through States by
public and rural electric cooperative entities on a
cost-shared basis.
(4) Applications.--To be eligible to receive Federal
financial assistance under the program, an eligible entity
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require, including a description of--
(A) how the Federal financial assistance would be
used;
(B) the expected beneficiaries, and
(C) in the case of a proposal from an eligible
entity described in paragraph (1)(A)(ii), how the
proposal would improve regional energy infrastructure.
(5) Selection.--The Secretary shall select eligible
entities to receive Federal financial assistance under the
program on a competitive basis.
(6) Cost share.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to Federal financial
assistance provided under the program.
(7) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection, $5,000,000,000 for the period of fiscal years 2022
through 2026.
(c) Energy Improvement in Rural or Remote Areas.--
(1) Definition of rural or remote area.--In this
subsection, the term ``rural or remote area'' means a city,
town, or unincorporated area that has a population of not more
than 10,000 inhabitants.
(2) Required activities.--The Secretary shall carry out
activities to improve in rural or remote areas of the United
States--
(A) the resilience, safety, reliability, and
availability of energy; and
(B) environmental protection from adverse impacts
of energy generation.
(3) Federal financial assistance.--The Secretary, in
consultation with the Secretary of the Interior, may provide
Federal financial assistance to rural or remote areas for the
purpose of--
(A) overall cost-effectiveness of energy
generation, transmission, or distribution systems;
(B) siting or upgrading transmission and
distribution lines;
(C) reducing greenhouse gas emissions from energy
generation by rural or remote areas;
(D) providing or modernizing electric generation
facilities;
(E) developing microgrids; and
(F) increasing energy efficiency.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection, $1,000,000,000 for the period of fiscal years 2022
through 2026.
(d) Energy Infrastructure Resilience Framework.--
(1) In general.--The Secretary, in collaboration with the
Secretary of Homeland Security, the Federal Energy Regulatory
Commission, the North American Electric Reliability
Corporation, and interested energy infrastructure stakeholders,
shall develop common analytical frameworks, tools, metrics, and
data to assess the resilience, reliability, safety, and
security of energy infrastructure in the United States,
including by developing and storing an inventory of easily
transported high-voltage recovery transformers and other
required equipment.
(2) Assessment and report.--
(A) Assessment.--The Secretary shall carry out an
assessment of--
(i) with respect to the inventory of high-
voltage recovery transformers, new
transformers, and other equipment proposed to
be developed and stored under paragraph (1)--
(I) the policies, technical
specifications, and logistical and
program structures necessary to
mitigate the risks associated with the
loss of high-voltage recovery
transformers;
(II) the technical specifications
for high-voltage recovery transformers;
(III) where inventory of high-
voltage recovery transformers should be
stored;
(IV) the quantity of high-voltage
recovery transformers necessary for the
inventory;
(V) how the stored inventory of
high-voltage recovery transformers
would be secured and maintained;
(VI) how the high-voltage recovery
transformers may be transported;
(VII) opportunities for developing
new flexible advanced transformer
designs; and
(VIII) whether new Federal
regulations or cost-sharing
requirements are necessary to carry out
the storage of high-voltage recovery
transformers; and
(ii) any efforts carried out by industry as
of the date of the assessment--
(I) to share transformers and
equipment;
(II) to develop plans for next
generation transformers; and
(III) to plan for surge and long-
term manufacturing of, and long-term
standardization of, transformer
designs.
(B) Protection of information.--Information that is
provided to, generated by, or collected by the
Secretary under subparagraph (A) shall be considered to
be critical electric infrastructure information under
section 215A of the Federal Power Act (16 U.S.C. 824o-
1).
(C) Report.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit to
Congress a report describing the results of the
assessment carried out under subparagraph (A).
SEC. 1004. UTILITY DEMAND RESPONSE.
(a) Consideration of Demand-Response Standard.--
(1) In general.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended
by adding at the end the following:
``(20) Demand-response practices.--
``(A) In general.--Each electric utility shall
promote the use of demand-response and demand
flexibility practices by commercial, residential, and
industrial consumers to reduce electricity consumption
during periods of unusually high demand.
``(B) Rate recovery.--
``(i) In general.--Each State regulatory
authority shall consider establishing rate
mechanisms allowing an electric utility with
respect to which the State regulatory authority
has ratemaking authority to timely recover the
costs of promoting demand-response and demand
flexibility practices in accordance with
subparagraph (A).
``(ii) Nonregulated electric utilities.--A
nonregulated electric utility may establish
rate mechanisms for the timely recovery of the
costs of promoting demand-response and demand
flexibility practices in accordance with
subparagraph (A).''.
(2) Compliance.--
(A) Time limitations.--Section 112(b) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(b)) is amended by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority) and each nonregulated electric utility
shall commence consideration under section 111, or set a
hearing date for consideration, with respect to the standard
established by paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (20) of section 111(d).''.
(B) Failure to comply.--
(i) In general.--Section 112(c) of the
Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 2622(c)) is amended--
(I) by striking ``such paragraph
(14)'' and all that follows through
``paragraphs (16)'' and inserting
``such paragraph (14). In the case of
the standard established by paragraph
(15) of section 111(d), the reference
contained in this subsection to the
date of enactment of this Act shall be
deemed to be a reference to the date of
enactment of that paragraph (15). In
the case of the standards established
by paragraphs (16)''; and
(II) by adding at the end the
following: ``In the case of the
standard established by paragraph (20)
of section 111(d), the reference
contained in this subsection to the
date of enactment of this Act shall be
deemed to be a reference to the date of
enactment of that paragraph (20).''.
(ii) Technical correction.--Paragraph (2)
of section 1254(b) of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 971) is
repealed and the amendment made by that
paragraph (as in effect on the day before the
date of enactment of this Act) is void, and
section 112(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2622(d)) shall
be in effect as if that amendment had not been
enacted.
(C) Prior state actions.--
(i) In general.--Section 112 of the Public
Utility Regulatory Policies Act of 1978 (16
U.S.C. 2622) is amended by adding at the end
the following:
``(g) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (20) of section 111(d) in the
case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
(ii) Cross-reference.--Section 124 of the
Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 2634) is amended--
(I) by striking ``this subsection''
each place it appears and inserting
``this section''; and
(II) by adding at the end the
following: ``In the case of the
standard established by paragraph (20)
of section 111(d), the reference
contained in this section to the date
of enactment of this Act shall be
deemed to be a reference to the date of
enactment of that paragraph (20).''.
(b) Optional Features of State Energy Conservation Plans.--Section
362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is
amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following:
``(17) programs that promote the installation and use of
demand-response technology and demand-response practices;
and''.
(c) Federal Energy Management Program.--Section 543(i) of the
National Energy Conservation Policy Act (42 U.S.C. 8253(i)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) to reduce energy consumption during periods
of unusually high electricity or natural gas demand.'';
and
(2) in paragraph (3)(A)--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(vii) promote the installation of demand-
response technology and the use of demand-
response practices in Federal buildings.''.
(d) Components of Zero-Net-Energy Commercial Buildings
Initiative.--Section 422(d)(3) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17082(d)) is amended by inserting ``(including
demand-response technologies, practices, and policies)'' after
``policies''.
SEC. 1005. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
(a) Designation of National Interest Electric Transmission
Corridors.--Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a))
is amended--
(1) in paragraph (1)--
(A) by inserting ``and Indian Tribes'' after
``affected States''; and
(B) by inserting ``capacity constraints and''
before ``congestion'';
(2) in paragraph (2)--
(A) by striking ``After'' and inserting ``Not less
frequently than once every 3 years, the Secretary,
after''; and
(B) by striking ``affected States'' and all that
follows through the period at the end and inserting the
following: ``affected States and Indian Tribes), shall
issue a report, based on the study under paragraph (1)
or other information relating to electric transmission
capacity constraints and congestion, which may
designate as a national interest electric transmission
corridor any geographic area that--
``(i) is experiencing electric energy
transmission capacity constraints or congestion
that adversely affects consumers; or
``(ii) is expected to experience such
energy transmission capacity constraints or
congestion.'';
(3) in paragraph (3)--
(A) by striking ``The Secretary shall conduct the
study and issue the report in consultation'' and
inserting ``Not less frequently than once every 3
years, the Secretary, in conducting the study under
paragraph (1) and issuing the report under paragraph
(2), shall consult''; and
(4) in paragraph (4)--
(A) in subparagraph (C), by inserting ``or energy
security'' after ``independence'';
(B) in subparagraph (D), by striking ``and'' at the
end;
(C) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following:
``(F) the designation would enhance the ability of
facilities that generate or transmit firm or intermittent
energy to connect to the electric grid;
``(G) the designation--
``(i) maximizes existing rights-of-way; and
``(ii) avoids and minimizes, to the maximum extent
practicable, and offsets to the extent appropriate and
practicable, sensitive environmental areas and cultural
heritage sites; and
``(H) the designation would result in a reduction in the
cost to purchase electric energy for consumers.''.
(b) Construction Permit.--Section 216(b) of the Federal Power Act
(16 U.S.C. 824p(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(ii), by inserting ``or
interregional benefits'' after ``interstate benefits'';
and
(B) by striking subparagraph (C) and inserting the
following:
``(C) a State commission or other entity that has authority
to approve the siting of the facilities--
``(i) has not made a determination on an
application seeking approval pursuant to applicable law
by the date that is 1 year after the later of--
``(I) the date on which the application was
filed; and
``(II) the date on which the relevant
national interest electric transmission
corridor was designated by the Secretary under
subsection (a);
``(ii) has conditioned its approval in such a
manner that the proposed construction or modification
will not significantly reduce transmission capacity
constraints or congestion in interstate commerce or is
not economically feasible; or
``(iii) has denied an application seeking approval
pursuant to applicable law;''.
(c) Rights-of-Way.--Section 216(e)(1) of the Federal Power Act (16
U.S.C. 824p(e)(1)) is amended by striking ``modify the transmission
facilities, the'' and inserting ``modify, and operate and maintain, the
transmission facilities and, in the determination of the Commission,
the permit holder has made good faith efforts to engage with landowners
and other stakeholders early in the applicable permitting process,
the''.
(d) Interstate Compacts.--Section 216(i) of the Federal Power Act
(16 U.S.C. 824p(i)) is amended--
(1) in paragraph (2), by striking ``may'' and inserting
``shall''; and
(2) in paragraph (4), by striking ``the members'' and all
that follows through the period at the end and inserting the
following: ``the Secretary determines that the members of the
compact are in disagreement after the later of--
``(A) the date that is 1 year after the date on
which the relevant application for the facility was
filed; and
``(B) the date that is 1 year after the date on
which the relevant national interest electric
transmission corridor was designated by the Secretary
under subsection (a).''.
SEC. 1006. RULEMAKING TO INCREASE THE EFFECTIVENESS OF INTERREGIONAL
TRANSMISSION PLANNING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Federal Energy Regulatory Commission shall
initiate a rulemaking addressing--
(1) the effectiveness of existing planning processes for
identifying interregional transmission projects that provide
economic, reliability and operational benefits, taking into
consideration the public interest, the integrity of markets,
and the protection of consumers;
(2) changes to the processes described in paragraph (1) to
ensure that efficient, cost-effective, and broadly beneficial
interregional transmission solutions are selected for cost
allocation, taking into consideration--
(A) the public interest;
(B) the protection of consumers;
(C) the broad range of economic, reliability, and
operational benefits that interregional transmission
provides;
(D) the needs of load-serving entities to satisfy
their native load service obligations;
(E) the need for single projects to secure
approvals based on a comprehensive assessment of the
multiple benefits provided;
(F) the importance of synchronization of planning
processes in neighboring regions, such as using a joint
model on a consistent timeline with a single set of
needs, input assumptions, and benefit metrics;
(G) that evaluation of long-term scenarios should
consider the expected life of a transmission asset and
the potential for future changes in the topology of the
transmission system;
(H) that transmission planning authorities should
allow for the identification and joint evaluation of
alternatives; and
(I) that interregional planning should be done
regularly and not less frequently than once every 5
years; and
(3) cost allocation methodologies that reflect the multiple
benefits provided by interregional transmission solutions,
including economic, reliability, and operational benefits.
(b) Timing.--Not later than 18 months after the date of enactment
of this Act, the Federal Energy Regulatory Commission shall promulgate
a final rule to complete the rulemaking initiated under subsection (a).
(c) Savings Provision.--Nothing in this section modifies the
obligations of the Commission under section 217(b)(4) of the Federal
Power Act (16 U.S.C. 824q(b)(4)).
SEC. 1007. TRANSMISSION FACILITATION PROGRAM.
(a) Definitions.--In this section:
(1) Capacity contract.--The term ``capacity contract''
means a contract entered into by the Secretary and an eligible
entity under subsection (e)(1)(A) for the right to the use of
the transmission capacity of an eligible project.
(2) Eligible electric power transmission line.--The term
``eligible electric power transmission line'' means an electric
power transmission line that is capable of transmitting not
less than--
(A) 1,000 megawatts; or
(B) in the case of a project that consists of
upgrading an existing transmission line or constructing
a new transmission line in an existing transmission,
transportation, or telecommunications infrastructure
corridor, 500 megawatts.
(3) Eligible entity.--The term ``eligible entity'' means a
non-Federal entity seeking to carry out an eligible project.
(4) Eligible project.--The term ``eligible project'' means
a project (including any related facility)--
(A) to construct a new or replace an existing
eligible electric power transmission line;
(B) to increase the transmission capacity of an
existing eligible electric power transmission line; or
(C) to connect an isolated microgrid to an existing
transmission, transportation, or telecommunications
infrastructure corridor located in Alaska, Hawaii, or a
territory of the United States.
(5) Fund.--The term ``Fund'' means the Transmission
Facilitation Fund established by subsection (d)(1).
(6) Program.--The term ``program'' means the Transmission
Facilitation Program established by subsection (b).
(7) Related facility.--
(A) In general.--The term ``related facility''
means a facility related to an eligible project
described in paragraph (4).
(B) Exclusions.--The term ``related facility'' does
not include--
(i) facilities used primarily to generate
electric energy; or
(ii) facilities used in the local
distribution of electric energy.
(b) Establishment.--There is established a program, to be known as
the ``Transmission Facilitation Program'', under which the Secretary
shall facilitate the construction of non-Federal electric power
transmission lines and related facilities in accordance with subsection
(e).
(c) Applications.--
(1) In general.--To be eligible for assistance under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(2) Procedures.--The Secretary shall establish procedures
for the solicitation and review of applications from eligible
entities.
(d) Funding.--
(1) Transmission facilitation fund.--There is established
in the Treasury a fund, to be known as the ``Transmission
Facilitation Fund'', consisting of--
(A) all amounts received by the Secretary,
including receipts, collections, and recoveries, from
any source relating to expenses incurred by the
Secretary in carrying out the program, including--
(i) costs recovered pursuant to paragraph
(4);
(ii) amounts received as repayment of a
loan issued to an eligible entity under
subsection (e)(1)(B); and
(iii) amounts contributed by eligible
entities for the purpose of carrying out an
eligible project with respect to which the
Secretary is participating with the eligible
entity under subsection (e)(1)(C);
(B) all amounts borrowed from the Secretary of the
Treasury by the Secretary for the program under
paragraph (2); and
(C) any amounts appropriated to the Secretary for
the program.
(2) Borrowing authority.--The Secretary of the Treasury
may, without further appropriation and without fiscal year
limitation, loan to the Secretary on such terms as may be fixed
by the Secretary and the Secretary of the Treasury, such sums
as, in the judgment of the Secretary, are from time to time
required for the purpose of carrying out the program, not to
exceed, in the aggregate (including deferred interest),
$2,500,000,000 in outstanding repayable balances at any 1 time.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program,
including for any administrative expenses of carrying out the
program that are not recovered under paragraph (4), $10,000,000
for each of fiscal years 2022 through 2026.
(4) Cost recovery.--
(A) In general.--Except as provided in subparagraph
(B), the cost of any facilitation activities carried
out by the Secretary under subsection (e)(1) shall be
collected--
(i) from eligible entities receiving the
benefit of the applicable facilitation
activity, on a schedule to be determined by the
Secretary; or
(ii) with respect to a contracted
transmission capacity under subsection
(e)(1)(A) through rates charged for the use of
the contracted transmission capacity.
(B) Forgiveness of balances.--
(i) Termination or end of useful life.--If,
at the end of the useful life of an eligible
project or the termination of a capacity
contract under subsection (f)(5), there is a
remaining balance owed to the Treasury under
this section, the balance shall be forgiven.
(ii) Unconstructed projects.--Funds
expended to study projects that are considered
pursuant to this section but that are not
constructed shall be forgiven.
(C) Recovery of costs of eligible projects.--The
Secretary may collect the costs of any activities
carried out by the Secretary with respect to an
eligible project in which the Secretary participates
with an eligible entity under subsection (e)(1)(C)
through rates charged to customers benefitting from the
new transmission capability provided by the eligible
project.
(e) Facilitation of Eligible Projects.--
(1) In general.--To facilitate eligible projects, the
Secretary may--
(A) subject to subsections (f) and (i), enter into
a capacity contract with respect to an eligible project
prior to the date on which the eligible project is
completed;
(B) subject to subsections (g) and (i), issue a
loan to an eligible entity for the costs of carrying
out an eligible project; or
(C) subject to subsections (h) and (i), participate
with an eligible entity in designing, developing,
constructing, operating, maintaining, or owning an
eligible project.
(2) Requirement.--The provision and receipt of assistance
for an eligible project under paragraph (1) shall be subject to
such terms and conditions as the Secretary determines to be
appropriate--
(A) to ensure the success of the program; and
(B) to protect the interests of the United States.
(f) Capacity Contracts.--
(1) Purpose.--In entering into capacity contracts under
subsection (e)(1)(A), the Secretary shall seek to enter into
capacity contracts that will encourage other entities to enter
into contracts for the transmission capacity of the eligible
project.
(2) Payment.--The amount paid by the Secretary to an
eligible entity under a capacity contract for the right to the
use of the transmission capacity of an eligible project shall
be--
(A) the fair market value for the use of the
transmission capacity, as determined by the Secretary,
taking into account, as the Secretary determines to be
necessary, the comparable value for the use of the
transmission capacity of other electric power
transmission lines; and
(B) on a schedule and in such divided amounts,
which may be a single amount, that the Secretary
determines are likely to facilitate construction of the
eligible project, taking into account standard industry
practice and factors specific to each applicant,
including, as applicable--
(i) potential review by a State regulatory
entity of the revenue requirement of an
electric utility; and
(ii) the financial model of an independent
transmission developer.
(3) Limitations.--A capacity contract shall--
(A) be for a term of not more than 40 years; and
(B) be for not more than 50 percent of the total
proposed transmission capacity of the applicable
eligible project.
(4) Transmission marketing.--
(A) In general.--If the Secretary has not
terminated a capacity contract under paragraph (5)
before the applicable eligible project enters into
service, the Secretary may enter into 1 or more
contracts with a third party to market the transmission
capacity of the eligible project to which the Secretary
holds rights under the capacity contract.
(B) Return.--The Secretary shall seek to ensure
that any contract entered into under subparagraph (A)
maximizes the financial return to the Federal
Government.
(C) Competitive solicitation.--The Secretary shall
only select third parties for contracts under this
paragraph through a competitive solicitation.
(5) Termination.--
(A) In general.--The Secretary shall seek to
terminate a capacity contract as soon as practicable
after determining that sufficient transmission capacity
of the eligible project has been secured by other
entities to ensure the long-term financial viability of
the eligible project, including through 1 or more
transfers under subparagraph (B).
(B) Transfer.--On payment to the Secretary by a
third party for transmission capacity to which the
Secretary has rights under a capacity contract, the
Secretary may transfer the rights to that transmission
capacity to that third party.
(C) Relinquishment.--On payment to the Secretary by
the applicable eligible entity for transmission
capacity to which the Secretary has rights under a
capacity contract, the Secretary may relinquish the
rights to that transmission capacity to the eligible
entity.
(D) Requirement.--A payment under subparagraph (B)
or (C) shall be in an amount sufficient for the
Secretary to recover any remaining costs incurred by
the Secretary with respect to the quantity of
transmission capacity affected by the transfer under
subparagraph (B) or the relinquishment under
subparagraph (C), as applicable.
(6) Other federal capacity positions.--The existence of a
capacity contract does not preclude a Federal entity, including
a Federal power marketing administration, from otherwise
securing transmission capacity at any time from an eligible
project, to the extent that the Federal entity is authorized to
secure that transmission capacity.
(7) Form of financial assistance.--Entering into a capacity
contract under subsection (e)(1)(A) shall be considered a form
of financial assistance described in section 1508.1(q)(1)(vii)
of title 40, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(g) Interest Rate on Loans.--The rate of interest to be charged in
connection with any loan made by the Secretary to an eligible entity
under subsection (e)(1)(B) shall be fixed by the Secretary, taking into
consideration market yields on outstanding marketable obligations of
the United States of comparable maturities as of the date of the loan.
(h) Public-private Partnerships.--The Secretary may participate
with an eligible entity with respect to an eligible project under
subsection (e)(1)(C) if the Secretary determines that the eligible
project--
(1)(A) is located in an area designated as a national
interest electric transmission corridor pursuant to section
216(a) of the Federal Power Act 16 U.S.C. 824p(a); or
(B) is necessary to accommodate an actual or projected
increase in demand for electric transmission capacity across
more than 1 State or transmission planning region;
(2) is consistent with efficient and reliable operation of
the transmission grid;
(3) will be operated in conformance with prudent utility
practices;
(4) will be operated in conformance with the rules of--
(A) a Transmission Organization (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)), if
applicable; or
(B) a regional reliability organization; and
(5) is not duplicative of the functions of existing
transmission facilities that are the subject of ongoing siting
and related permitting proceedings.
(i) Certification.--Prior to taking action to facilitate an
eligible project under subparagraph (A), (B), or (C) of subsection
(e)(1), the Secretary shall certify that--
(1) the eligible project is in the public interest;
(2) the eligible project is unlikely to be constructed in
as timely a manner or with as much transmission capacity in the
absence of facilitation under this section, including with
respect to an eligible project for which a Federal investment
tax credit may be allowed; and
(3) it is reasonable to expect that the proceeds from the
eligible project will be adequate, as applicable--
(A) to recover the cost of a capacity contract
entered into under subsection (e)(1)(A);
(B) to repay a loan provided under subsection
(e)(1)(B); or
(C) to repay any amounts borrowed from the
Secretary of the Treasury under subsection (d)(2).
(j) Other Authorities, Limitations, and Effects.--
(1) Participation.--The Secretary may permit other entities
to participate in the financing, construction, and ownership of
eligible projects facilitated under this section.
(2) Operations and maintenance.--Facilitation by the
Secretary of an eligible project under this section does not
create any obligation on the part of the Secretary to operate
or maintain the eligible project.
(3) Federal facilities.--For purposes of cost recovery
under subsection (d)(4) and repayment of a loan issued under
subsection (e)(1)(B), each eligible project facilitated by the
Secretary under this section shall be treated as separate and
distinct from--
(A) each other eligible project; and
(B) all other Federal power and transmission
facilities.
(4) Effect on ancillary services authority and
obligations.--Nothing in this section confers on the Secretary
or any Federal power marketing administration any additional
authority or obligation to provide ancillary services to users
of transmission facilities constructed or upgraded under this
section.
(5) Effect on western area power administration projects.--
Nothing in this section affects--
(A) any pending project application before the
Western Area Power Administration under section 301 of
the Hoover Power Plant Act of 1984 (42 U.S.C. 16421a);
or
(B) any agreement entered into by the Western Power
Administration under that section.
(6) Third-party finance.--Nothing in this section precludes
an eligible project facilitated under this section from being
eligible as a project under section 1222 of the Energy Policy
Act of 2005 (42 U.S.C. 16421).
(7) Limitation on loans.--An eligible project may not be
the subject of both--
(A) a loan under subsection (e)(1)(B); and
(B) a Federal loan under section 301 of the Hoover
Power Plant Act of 1984 (42 U.S.C. 16421a).
(8) Considerations.--In evaluating eligible projects for
possible facilitation under this section, the Secretary shall
prioritize projects that, to the maximum extent practicable--
(A) use technology that enhances the capacity,
efficiency, resiliency, or reliability of an electric
power transmission system, including--
(i) reconductoring of an existing electric
power transmission line with advanced
conductors; and
(ii) hardware or software that enables
dynamic line ratings, advanced power flow
control, or grid topology optimization;
(B) will improve the resiliency and reliability of
an electric power transmission system;
(C) facilitate interregional transfer capacity that
supports strong and equitable economic growth; and
(D) contribute to national or subnational goals to
lower electricity sector greenhouse gas emissions.
SEC. 1008. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE GRID FLEXIBILITY.
(a) In General.--Section 1306 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17386) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``the date of enactment of this Act'' and
inserting ``the date of enactment of the Energy
Infrastructure Act'';
(B) by redesignating paragraph (9) as paragraph
(14); and
(C) by inserting after paragraph (8) the following:
``(9) In the case of data analytics that enable software to
engage in Smart Grid functions, the documented purchase costs
of the data analytics.
``(10) In the case of buildings, the documented expenses
for devices and software, including for installation, that
allow buildings to engage in demand flexibility or Smart Grid
functions.
``(11) In the case of utility communications, operational
fiber and wireless broadband communications networks to enable
data flow between distribution system components.
``(12) In the case of advanced transmission technologies
such as dynamic line rating, flow control devices, advanced
conductors, network topology optimization, or other hardware,
software, and associated protocols applied to existing
transmission facilities that increase the operational transfer
capacity of a transmission network, the documented expenditures
to purchase and install those advanced transmission
technologies.
``(13) In the case of extreme weather or natural disasters,
the ability to redirect or shut off power to minimize blackouts
and avoid further damage.''; and
(2) in subsection (d)--
(A) by redesignating paragraph (9) as paragraph
(16); and
(B) by inserting after paragraph (8) the following:
``(9) The ability to use data analytics and software-as-
service to provide flexibility by improving the visibility of
the electrical system to grid operators that can help quickly
rebalance the electrical system with autonomous controls.
``(10) The ability to facilitate the aggregation or
integration of distributed energy resources to serve as assets
for the grid.
``(11) The ability to provide energy storage to meet
fluctuating electricity demand, provide voltage support, and
integrate intermittent generation sources, including vehicle-
to-grid technologies.
``(12) The ability of hardware, software, and associated
protocols applied to existing transmission facilities to
increase the operational transfer capacity of a transmission
network.
``(13) The ability to anticipate and mitigate impacts of
extreme weather or natural disasters on grid resiliency.
``(14) The ability to facilitate the integration of
renewable energy resources, electric vehicle charging
infrastructure, and vehicle-to-grid technologies.
``(15) The ability to reliably meet increased demand from
electric vehicles and the electrification of appliances and
other sectors.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the Smart Grid Investment
Matching Grant Program established under section 1306(a) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17386(a))
$3,000,000,000 for fiscal year 2022, to remain available through
September 30, 2026.
SEC. 1009. STATE ENERGY SECURITY PLANS.
(a) In General.--Part D of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.) is amended--
(1) in section 361--
(A) by striking the section designation and heading
and all that follows through ``The Congress'' and
inserting the following:
``SEC. 361. FINDINGS; PURPOSE; DEFINITIONS.
``(a) Findings.--Congress'';
(B) in subsection (b), by striking ``(b) It is''
and inserting the following:
``(b) Purpose.--It is''; and
(C) by adding at the end the following:
``(c) Definitions.--In this part:'';
(2) in section 366--
(A) in paragraph (3)(B)(i), by striking ``approved
under section 367, and'' ; and inserting ``; and'';
(B) in each of paragraphs (1) through (8), by
inserting a paragraph heading, the text of which is
comprised of the term defined in the paragraph; and
(C) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (6), respectively, and moving the
paragraphs so as to appear in numerical order;
(3) by moving paragraphs (1) through (8) of section 366 (as
so redesignated) so as to appear after subsection (c) of
section 361 (as designated by paragraph (1)(C)); and
(4) by amending section 366 to read as follows:
``SEC. 366. STATE ENERGY SECURITY PLANS.
``(a) Definitions.--In this section:
``(1) Bulk-power system.--The term `bulk-power system' has
the meaning given the term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
``(2) State energy security plan.--The term `State energy
security plan' means a State energy security plan described in
subsection (b).
``(b) Financial Assistance for State Energy Security Plans.--
Federal financial assistance made available to a State under this part
may be used for the development, implementation, review, and revision
of a State energy security plan that--
``(1) assesses the existing circumstances in the State; and
``(2) proposes methods to strengthen the ability of the
State, in consultation with owners and operators of energy
infrastructure in the State--
``(A) to secure the energy infrastructure of the
State against all physical and cybersecurity threats;
``(B)(i) to mitigate the risk of energy supply
disruptions to the State; and
``(ii) to enhance the response to, and recovery
from, energy disruptions; and
``(C) to ensure that the State has reliable,
secure, and resilient energy infrastructure.
``(c) Contents of Plan.--A State energy security plan shall--
``(1) address all energy sources and regulated and
unregulated energy providers;
``(2) provide a State energy profile, including an
assessment of energy production, transmission, distribution,
and end-use;
``(3) address potential hazards to each energy sector or
system, including--
``(A) physical threats and vulnerabilities; and
``(B) cybersecurity threats and vulnerabilities;
``(4) provide a risk assessment of energy infrastructure
and cross-sector interdependencies;
``(5) provide a risk mitigation approach to enhance
reliability and end-use resilience; and
``(6)(A) address--
``(i) multi-State and regional coordination,
planning, and response; and
``(ii) coordination with Indian Tribes with respect
to planning and response; and
``(B) to the extent practicable, encourage mutual
assistance in cyber and physical response plans.
``(d) Coordination.--In developing or revising a State energy
security plan, the State energy office of the State shall coordinate,
to the extent practicable, with--
``(1) the public utility or service commission of the
State;
``(2) energy providers from the private and public sectors;
and
``(3) other entities responsible for--
``(A) maintaining fuel or electric reliability; and
``(B) securing energy infrastructure.
``(e) Financial Assistance.--A State is not eligible to receive
Federal financial assistance under this part for any purpose for a
fiscal year unless the Governor of the State submits to the Secretary,
with respect to that fiscal year--
``(1) a State energy security plan that meets the
requirements of subsection (c); or
``(2) after an annual review, carried out by the Governor,
of a State energy security plan--
``(A) any necessary revisions to the State energy
security plan; or
``(B) a certification that no revisions to the
State energy security plan are necessary.
``(f) Technical Assistance.--On request of the Governor of a State,
the Secretary, in consultation with the Secretary of Homeland Security,
may provide information, technical assistance, and other assistance in
the development, implementation, or revision of a State energy security
plan.
``(g) Requirement.--Each State receiving Federal financial
assistance under this part shall provide reasonable assurance to the
Secretary that the State has established policies and procedures
designed to assure that the financial assistance will be used--
``(1) to supplement, and not to supplant, State and local
funds; and
``(2) to the maximum extent practicable, to increase the
amount of State and local funds that otherwise would be
available, in the absence of the Federal financial assistance,
for the implementation of a State energy security plan.
``(h) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
``(1) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public disclosure
of information or records.
``(i) Sunset.--The requirements of this section shall expire on
October 31, 2025.''.
(b) Clerical Amendments.--The table of contents of the Energy
Policy and Conservation Act (Public Law 94-163; 89 Stat. 872) is
amended--
(1) by striking the item relating to section 361 and
inserting the following:
``Sec. 361. Findings; purpose; definitions.''; and
(2) by striking the item relating to section 366 and
inserting the following:
``Sec. 366. State energy security plans.''.
(c) Conforming Amendments.--
(1) Section 509(i)(3) of the Housing and Urban Development
Act of 1970 (12 U.S.C. 1701z-8(i)(3)) is amended by striking
``prescribed for such terms in section 366 of the Energy Policy
and Conservation Act'' and inserting ``given the terms in
section 361(c) of the Energy Policy and Conservation Act''.
(2) Section 363 of the Energy Policy and Conservation Act
(42 U.S.C. 6323) is amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (f) as subsection
(e).
(3) Section 451(i)(3) of the Energy Conservation and
Production Act (42 U.S.C. 6881(i)(3)) is amended by striking
``prescribed for such terms in section 366 of the Federal
Energy Policy and Conservation Act'' and inserting ``given the
terms in section 361(c) of the Energy Policy and Conservation
Act''.
SEC. 1010. STATE ENERGY PROGRAM.
(a) Collaborative Transmission Siting.--Section 362(c) of the
Energy Policy and Conservation Act (42 U.S.C. 6322(c)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) the mandatory conduct of activities to support
transmission and distribution planning, including--
``(A) support for local governments and Indian
Tribes;
``(B) feasibility studies for transmission line
routes and alternatives;
``(C) preparation of necessary project design and
permits; and
``(D) outreach to affected stakeholders.''.
(b) State Energy Conservation Plans.--Section 362(d) of the Energy
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended by striking
paragraph (3) and inserting the following:
``(3) programs to increase transportation energy
efficiency, including programs to help reduce carbon emissions
in the transportation sector by 2050 and accelerate the use of
alternative transportation fuels for, and the electrification
of, State government vehicles, fleet vehicles, taxis and
ridesharing services, mass transit, school buses, ferries, and
privately owned passenger and medium- and heavy-duty
vehicles;''.
(c) Authorization of Appropriations for State Energy Program.--
Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325)
is amended by striking subsection (f) and inserting the following:
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this part $500,000,000 for the period of fiscal
years 2022 through 2026.
``(2) Distribution.--Amounts made available under paragraph
(1)--
``(A) shall be distributed to the States in
accordance with the applicable distribution formula in
effect on January 1, 2021; and
``(B) shall not be subject to the matching
requirement described in the first proviso of the
matter under the heading `energy conservation' under
the heading `DEPARTMENT OF ENERGY' in title II of the
Department of the Interior and Related Agencies
Appropriations Act, 1985 (42 U.S.C. 6323a).''.
SEC. 1011. POWER MARKETING ADMINISTRATION TRANSMISSION BORROWING
AUTHORITY.
(a) Borrowing Authority.--
(1) In general.--Subject to paragraph (2), for the purposes
of providing funds to assist in the financing of the
construction, acquisition, and replacement of the Federal
Columbia River Power System and to implement the authority of
the Administrator of the Bonneville Power Administration
(referred to in this section as the ``Administrator'') under
the Pacific Northwest Electric Power Planning and Conservation
Act (16 U.S.C. 839 et seq.), an additional $10,000,000,000 in
borrowing authority is made available under the Federal
Columbia River Transmission System Act (16 U.S.C. 838 et seq.),
to remain outstanding at any 1 time.
(2) Limitation.--The obligation of additional borrowing
authority under paragraph (1) shall not exceed $6,000,000,000
by fiscal year 2028.
(b) Financial Plan.--
(1) In general.--The Administrator shall issue an updated
financial plan by the end of fiscal year 2022.
(2) Requirement.--As part of the process of issuing an
updated financial plan under paragraph (1), the Administrator
shall--
(A) consistent with asset management planning and
sound business principles, consider projected and
planned use and allocation of the borrowing authority
of the Administrator across the mission
responsibilities of the Bonneville Power
Administration; and
(B) before issuing the final updated financial
plan--
(i) engage, in a manner determined by the
Administrator, with customers with respect to a
draft of the updated plan; and
(ii) consider as a relevant factor any
recommendations from customers regarding
prioritization of asset investments.
(c) Stakeholder Engagement.--The Administrator shall--
(1) engage, in a manner determined by the Administrator,
with customers and stakeholders with respect to the financial
and cost management efforts of the Administrator through
periodic program reviews; and
(2) to the maximum extent practicable, implement those
policies that would be expected to be consistent with the
lowest possible power and transmission rates consistent with
sound business principles.
(d) Repayment.--Any additional Treasury borrowing authority
received under this section--
(1) shall be fully repaid to the Treasury in a manner
consistent with the applicable self-financed Federal budget
accounts; and
(2) shall not be subject to budget scoring or budget
scoring points of order with respect to this Act.
SEC. 1012. STUDY OF CODES AND STANDARDS FOR USE OF ENERGY STORAGE
SYSTEMS ACROSS SECTORS.
(a) In General.--The Secretary shall conduct a study of types and
commercial applications of codes and standards applied to--
(1) stationary energy storage systems;
(2) mobile energy storage systems; and
(3) energy storage systems that move between stationary and
mobile applications, such as electric vehicle batteries or
batteries repurposed for new applications.
(b) Purposes.--The purposes of the study conducted under subsection
(a) shall be--
(1) to identify barriers, foster collaboration, and
increase conformity across sectors relating to--
(A) use of emerging energy storage technologies;
and
(B) use cases, such as vehicle-to-grid integration;
(2) to identify all existing codes and standards that apply
to energy storage systems;
(3) to identify codes and standards that require revision
or enhancement;
(4) to enhance the safe implementation of energy storage
systems; and
(5) to receive formal input from stakeholders regarding--
(A) existing codes and standards; and
(B) new or revised codes and standards.
(c) Consultation.--In conducting the study under subsection (a),
the Secretary shall consult with all relevant standards-developing
organizations and other entities with expertise regarding energy
storage system safety.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to Congress a report describing
the results of the study conducted under subsection (a).
SEC. 1013. DEMONSTRATION OF ELECTRIC VEHICLE BATTERY SECOND-LIFE
APPLICATIONS FOR GRID SERVICES.
Section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)) is
amended--
(1) in paragraph (1)--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``including at'' and inserting the
following: ``including--
``(A) at''; and
(C) by adding at the end the following:
``(B) 1 project to demonstrate second-life
applications of electric vehicle batteries as
aggregated energy storage installations to provide
services to the electric grid, in accordance with
paragraph (3).'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Demonstration of electric vehicle battery second-life
applications for grid services.--
``(A) In general.--The Secretary shall enter into
an agreement to carry out a project to demonstrate
second-life applications of electric vehicle batteries
as aggregated energy storage installations to provide
services to the electric grid.
``(B) Purposes.--The purposes of the project under
subparagraph (A) shall be--
``(i) to demonstrate power safety and the
reliability of the applications demonstrated
under the program;
``(ii) to demonstrate the ability of
electric vehicle batteries--
``(I) to provide ancillary services
for grid stability and management; and
``(II) to reduce the peak loads of
homes and businesses;
``(iii) to extend the useful life of
electric vehicle batteries and the components
of electric vehicle batteries prior to the
collection, recycling, and reprocessing of the
batteries and components; and
``(iv) to increase acceptance of, and
participation in, the use of second-life
applications of electric vehicle batteries by
utilities.
``(C) Priority.--In selecting a project to carry
out under subparagraph (A), the Secretary shall give
priority to projects in which the demonstration of the
applicable second-life applications is paired with 1 or
more facilities that could particularly benefit from
increased resiliency and lower energy costs, such as a
multi-family affordable housing facility, a senior care
facility, and a community health center.''.
SEC. 1014. COLUMBIA BASIN POWER MANAGEMENT.
(a) Definitions.--In this section:
(1) Account.--The term ``Account'' means the account
established by subsection (b)(1).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration.
(3) Canadian entitlement.--The term ``Canadian
Entitlement'' means the downstream power benefits that Canada
is entitled to under Article V of the Treaty Relating to
Cooperative Development of the Water Resources of the Columbia
River Basin, signed at Washington January 17, 1961 (15 UST
1555; TIAS 5638).
(b) Transmission Coordination and Expansion.--
(1) Establishment.--There is established in the Treasury an
account for the purposes of making expenditures to increase
bilateral transfers of renewable electric generation between
the western United States and Canada.
(2) Criteria.--The Administrator may make expenditures from
the Account for activities to improve electric power system
coordination by constructing electric power transmission
facilities within the western United States that directly or
indirectly facilitate non-carbon emitting electric power
transactions between the western United States and Canada.
(3) Consultation.--The Administrator shall consult with
relevant electric utilities in Canada and appropriate regional
transmission planning organizations in considering the
construction of transmission activities under this subsection.
(4) Authorization.--There is authorized to be appropriated
to the Account an amount equal to the aggregated amount of the
Canadian Entitlement during the 5-year period preceding the
date of enactment of this Act.
(c) Increased Hydroelectric Capacity.--
(1) In general.--The Commissioner of Reclamation shall
rehabilitate and enhance the John W. Keys III Pump Generating
Plant--
(A) to replace obsolete equipment;
(B) to maintain reliability and improve efficiency
in system performance and operation;
(C) to create more hydroelectric power capacity in
the Pacific Northwest; and
(D) to ensure the availability of water for
irrigation in the event that Columbia River water flows
from British Columbia into the United States are
insufficient after September 16, 2024.
(2) Authorization of appropriations.--There is authorized
to be appropriated $100,000,000 to carry out this subsection.
(d) Power Coordination Study.--
(1) In general.--The Administrator shall conduct a study
considering the potential hydroelectric power value to the
Pacific Northwest of increasing the coordination of the
operation of hydroelectric and water storage facilities on
rivers located in the United States and Canada.
(2) Criteria.--The study conducted under paragraph (1)
shall analyze--
(A) projected changes to the Pacific Northwest
electricity supply;
(B) potential reductions in greenhouse gas
emissions;
(C) any potential need to increase transmission
capacity; and
(D) any other factor the Administrator considers to
be relevant for increasing bilateral coordination.
(3) Coordination.--In conducting the study under paragraph
(1), the Administrator shall coordinate, to the extent
practicable, with--
(A) the British Columbia or a crown corporation
owned by British Columbia;
(B) the Assistant Secretary;
(C) the Commissioner of Reclamation; and
(D) any public utility districts that operate
hydroelectric projects on the mainstem of the Columbia
River.
(4) Authorization of appropriations.--There is authorized
to be appropriated $10,000,000 to carry out this subsection.
Subtitle B--Cybersecurity
SEC. 1101. ENHANCING GRID SECURITY THROUGH PUBLIC-PRIVATE PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Bulk-power system; electric reliability organization.--
The terms ``bulk-power system'' and ``Electric Reliability
Organization'' has the meaning given the terms in section
215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(2) Electric utility; state regulatory authority.--The
terms ``electric utility'' and ``State regulatory authority''
have the meanings given the terms in section 3 of the Federal
Power Act (16 U.S.C. 796).
(b) Program to Promote and Advance Physical Security and
Cybersecurity of Electric Utilities.--
(1) Establishment.--The Secretary, in consultation with the
Secretary of Homeland Security and, as the Secretary determines
to be appropriate, the heads of other relevant Federal
agencies, State regulatory authorities, industry stakeholders,
and the Electric Reliability Organization, shall carry out a
program--
(A) to develop, and provide for voluntary
implementation of, maturity models, self-assessments,
and auditing methods for assessing the physical
security and cybersecurity of electric utilities;
(B) to assist with threat assessment and
cybersecurity training for electric utilities;
(C) to provide technical assistance for electric
utilities subject to the program;
(D) to provide training to electric utilities to
address and mitigate cybersecurity supply chain
management risks;
(E) to advance, in partnership with electric
utilities, the cybersecurity of third-party vendors
that manufacture components of the electric grid;
(F) to increase opportunities for sharing best
practices and data collection within the electric
sector; and
(G) to assist, in the case of electric utilities
that own defense critical electric infrastructure (as
defined in section 215A(a) of the Federal Power Act (16
U.S.C. 824o-1(a))), with full engineering reviews of
critical functions and operations at both the utility
and defense infrastructure levels--
(i) to identify unprotected avenues for
cyber-enabled sabotage that would have
catastrophic effects to national security; and
(ii) to recommend and implement engineering
protections to ensure continued operations of
identified critical functions even in the face
of constant cyber attacks and achieved
perimeter access by sophisticated adversaries.
(2) Scope.--In carrying out the program under paragraph
(1), the Secretary shall--
(A) take into consideration--
(i) the different sizes of electric
utilities; and
(ii) the regions that electric utilities
serve;
(B) prioritize electric utilities with fewer
available resources due to size or region; and
(C) to the maximum extent practicable, use and
leverage--
(i) existing Department and Department of
Homeland Security programs; and
(ii) existing programs of the Federal
agencies determined to be appropriate under
paragraph (1).
(c) Report on Cybersecurity of Distribution Systems.--Not later
than 1 year after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of Homeland Security and, as the
Secretary determines to be appropriate, the heads of other Federal
agencies, State regulatory authorities, and industry stakeholders,
shall submit to Congress a report that assesses--
(1) priorities, policies, procedures, and actions for
enhancing the physical security and cybersecurity of
electricity distribution systems, including behind-the-meter
generation, storage, and load management devices, to address
threats to, and vulnerabilities of, electricity distribution
systems; and
(2) the implementation of the priorities, policies,
procedures, and actions assessed under paragraph (1),
including--
(A) an estimate of potential costs and benefits of
the implementation; and
(B) an assessment of any public-private cost-
sharing opportunities.
(d) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public disclosure
of information or records.
SEC. 1102. ENERGY CYBER SENSE PROGRAM.
(a) Definitions.--In this section:
(1) Bulk-power system.--The term ``bulk-power system'' has
the meaning given the term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(2) Program.--The term ``program'' means the voluntary
Energy Cyber Sense program established under subsection (b).
(b) Establishment.--The Secretary, in consultation with the
Secretary of Homeland Security and the heads of other relevant Federal
agencies, shall establish a voluntary Energy Cyber Sense program to
test the cybersecurity of products and technologies intended for use in
the energy sector, including in the bulk-power system.
(c) Program Requirements.--In carrying out subsection (b), the
Secretary, in consultation with the Secretary of Homeland Security and
the heads of other relevant Federal agencies, shall--
(1) establish a testing process under the program to test
the cybersecurity of products and technologies intended for use
in the energy sector, including products relating to industrial
control systems and operational technologies, such as
supervisory control and data acquisition systems;
(2) for products and technologies tested under the program,
establish and maintain cybersecurity vulnerability reporting
processes and a related database that are integrated with
Federal vulnerability coordination processes;
(3) provide technical assistance to electric utilities,
product manufacturers, and other energy sector stakeholders to
develop solutions to mitigate identified cybersecurity
vulnerabilities in products and technologies tested under the
program;
(4) biennially review products and technologies tested
under the program for cybersecurity vulnerabilities and provide
analysis with respect to how those products and technologies
respond to and mitigate cyber threats;
(5) develop guidance that is informed by analysis and
testing results under the program for electric utilities and
other components of the energy sector for the procurement of
products and technologies;
(6) provide reasonable notice to, and solicit comments
from, the public prior to establishing or revising the testing
process under the program;
(7) oversee the testing of products and technologies under
the program; and
(8) consider incentives to encourage the use of analysis
and results of testing under the program in the design of
products and technologies for use in the energy sector.
(d) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any component
of the energy sector, including any electric utility or the bulk-power
system--
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public disclosure
of information or records.
(e) Federal Government Liability.--Nothing in this section
authorizes the commencement of an action against the United States with
respect to the testing of a product or technology under the program.
SEC. 1103. INCENTIVES FOR ADVANCED CYBERSECURITY TECHNOLOGY INVESTMENT.
Part II of the Federal Power Act is amended by inserting after
section 219 (16 U.S.C. 824s) the following:
``SEC. 219A. INCENTIVES FOR CYBERSECURITY INVESTMENTS.
``(a) Definitions.--In this section:
``(1) Advanced cybersecurity technology.--The term
`advanced cybersecurity technology' means any technology,
operational capability, or service, including computer
hardware, software, or a related asset, that enhances the
security posture of public utilities through improvements in
the ability to protect against, detect, respond to, or recover
from a cybersecurity threat (as defined in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501)).
``(2) Advanced cybersecurity technology information.--The
term `advanced cybersecurity technology information' means
information relating to advanced cybersecurity technology or
proposed advanced cybersecurity technology that is generated by
or provided to the Commission or another Federal agency.
``(b) Study.--Not later than 180 days after the date of enactment
of this section, the Commission, in consultation with the Secretary of
Energy, the North American Electric Reliability Corporation, the
Electricity Subsector Coordinating Council, and the National
Association of Regulatory Utility Commissioners, shall conduct a study
to identify incentive-based, including performance-based, rate
treatments for the transmission and sale of electric energy subject to
the jurisdiction of the Commission that could be used to encourage--
``(1) investment by public utilities in advanced
cybersecurity technology; and
``(2) participation by public utilities in cybersecurity
threat information sharing programs.
``(c) Incentive-Based Rate Treatment.--Not later than 1 year after
the completion of the study under subsection (b), the Commission shall
establish, by rule, incentive-based, including performance-based, rate
treatments for the transmission of electric energy in interstate
commerce and the sale of electric energy at wholesale in interstate
commerce by public utilities for the purpose of benefitting consumers
by encouraging--
``(1) investments by public utilities in advanced
cybersecurity technology; and
``(2) participation by public utilities in cybersecurity
threat information sharing programs.
``(d) Factors for Consideration.--In issuing a rule pursuant to
this section, the Commission may provide additional incentives beyond
those identified in subsection (c) in any case in which the Commission
determines that an investment in advanced cybersecurity technology or
information sharing program costs will reduce cybersecurity risks to--
``(1) defense critical electric infrastructure (as defined
in section 215A(a)) and other facilities subject to the
jurisdiction of the Commission that are critical to public
safety, national defense, or homeland security, as determined
by the Commission in consultation with--
``(A) the Secretary of Energy;
``(B) the Secretary of Homeland Security; and
``(C) other appropriate Federal agencies; and
``(2) facilities of small or medium-sized public utilities
with limited cybersecurity resources, as determined by the
Commission.
``(e) Ratepayer Protection.--
``(1) In general.--Any rate approved under a rule issued
pursuant to this section, including any revisions to that rule,
shall be subject to the requirements of sections 205 and 206
that all rates, charges, terms, and conditions--
``(A) shall be just and reasonable; and
``(B) shall not be unduly discriminatory or
preferential.
``(2) Prohibition of duplicate recovery.--Any rule issued
pursuant to this section shall preclude rate treatments that
allow unjust and unreasonable double recovery for advanced
cybersecurity technology.
``(f) Single-Issue Rate Filings.--The Commission shall permit
public utilities to apply for incentive-based rate treatment under a
rule issued under this section on a single-issue basis by submitting to
the Commission a tariff schedule under section 205 that permits
recovery of costs and incentives over the depreciable life of the
applicable assets, without regard to changes in receipts or other costs
of the public utility.
``(g) Protection of Information.--Advanced cybersecurity technology
information that is provided to, generated by, or collected by the
Federal Government under subsection (b), (c), or (f) shall be
considered to be critical electric infrastructure information under
section 215A.''.
SEC. 1104. RURAL AND MUNICIPAL UTILITY ADVANCED CYBERSECURITY GRANT AND
TECHNICAL ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Advanced cybersecurity technology.--The term ``advanced
cybersecurity technology'' means any technology, operational
capability, or service, including computer hardware, software,
or a related asset, that enhances the security posture of
electric utilities through improvements in the ability to
protect against, detect, respond to, or recover from a
cybersecurity threat (as defined in section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1501)).
(2) Bulk-power system.--The term ``bulk-power system'' has
the meaning given the term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a rural electric cooperative;
(B) a utility owned by a political subdivision of a
State, such as a municipally owned electric utility;
(C) a utility owned by any agency, authority,
corporation, or instrumentality of 1 or more political
subdivisions of a State;
(D) a not-for-profit entity that is in a
partnership with not fewer than 6 entities described in
subparagraph (A), (B), or (C); and
(E) an investor-owned electric utility that sells
less than 4,000,000 megawatt hours of electricity per
year.
(4) Program.--The term ``Program'' means the Rural and
Municipal Utility Advanced Cybersecurity Grant and Technical
Assistance Program established under subsection (b).
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Homeland Security, the Federal Energy Regulatory
Commission, the North American Electric Reliability Corporation, and
the Electricity Subsector Coordinating Council, shall establish a
program, to be known as the ``Rural and Municipal Utility Advanced
Cybersecurity Grant and Technical Assistance Program'', to provide
grants and technical assistance to, and enter into cooperative
agreements with, eligible entities to protect against, detect, respond
to, and recover from cybersecurity threats.
(c) Objectives.--The objectives of the Program shall be--
(1) to deploy advanced cybersecurity technologies for
electric utility systems; and
(2) to increase the participation of eligible entities in
cybersecurity threat information sharing programs.
(d) Awards.--
(1) In general.--The Secretary--
(A) shall award grants and provide technical
assistance under the Program to eligible entities on a
competitive basis;
(B) shall develop criteria and a formula for
awarding grants and providing technical assistance
under the Program;
(C) may enter into cooperative agreements with
eligible entities that can facilitate the objectives
described in subsection (c); and
(D) shall establish a process to ensure that all
eligible entities are informed about and can become
aware of opportunities to receive grants or technical
assistance under the Program.
(2) Priority for grants and technical assistance.--In
awarding grants and providing technical assistance under the
Program, the Secretary shall give priority to an eligible
entity that, as determined by the Secretary--
(A) has limited cybersecurity resources;
(B) owns assets critical to the reliability of the
bulk-power system; or
(C) owns defense critical electric infrastructure
(as defined in section 215A(a) of the Federal Power Act
(16 U.S.C. 824o-1(a))).
(e) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public disclosure
of information or records.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $250,000,000
for the period of fiscal years 2022 through 2026.
SEC. 1105. ENHANCED GRID SECURITY.
(a) Definitions.--In this section:
(1) Electric utility.--The term ``electric utility'' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
(2) E-ISAC.--The term ``E-ISAC'' means the Electricity
Information Sharing and Analysis Center.
(b) Cybersecurity for the Energy Sector Research, Development, and
Demonstration Program.--
(1) In general.--The Secretary, in consultation with the
Secretary of Homeland Security and, as determined appropriate,
other Federal agencies, the energy sector, the States, Indian
Tribes, Tribal organizations, territories or freely associated
states, and other stakeholders, shall develop and carry out a
program--
(A) to develop advanced cybersecurity applications
and technologies for the energy sector--
(i) to identify and mitigate
vulnerabilities, including--
(I) dependencies on other critical
infrastructure;
(II) impacts from weather and fuel
supply;
(III) increased dependence on
inverter-based technologies; and
(IV) vulnerabilities from unpatched
hardware and software systems; and
(ii) to advance the security of field
devices and third-party control systems,
including--
(I) systems for generation,
transmission, distribution, end use,
and market functions;
(II) specific electric grid
elements including advanced metering,
demand response, distribution,
generation, and electricity storage;
(III) forensic analysis of infected
systems;
(IV) secure communications; and
(V) application of in-line edge
security solutions;
(B) to leverage electric grid architecture as a
means to assess risks to the energy sector, including
by implementing an all-hazards approach to
communications infrastructure, control systems
architecture, and power systems architecture;
(C) to perform pilot demonstration projects with
the energy sector to gain experience with new
technologies;
(D) to develop workforce development curricula for
energy sector-related cybersecurity; and
(E) to develop improved supply chain concepts for
secure design of emerging digital components and power
electronics.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $250,000,000 for the period of fiscal years 2022
through 2026.
(c) Energy Sector Operational Support for Cyberresilience
Program.--
(1) In general.--The Secretary may develop and carry out a
program--
(A) to enhance and periodically test--
(i) the emergency response capabilities of
the Department; and
(ii) the coordination of the Department
with other agencies, the National Laboratories,
and private industry;
(B) to expand cooperation of the Department with
the intelligence community for energy sector-related
threat collection and analysis;
(C) to enhance the tools of the Department and E-
ISAC for monitoring the status of the energy sector;
(D) to expand industry participation in E-ISAC; and
(E) to provide technical assistance to small
electric utilities for purposes of assessing and
improving cybermaturity levels and addressing gaps
identified in the assessment.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $50,000,000 for the period of fiscal years 2022
through 2026.
(d) Modeling and Assessing Energy Infrastructure Risk.--
(1) In general.--The Secretary, in consultation with the
Secretary of Homeland Security, shall develop and carry out an
advanced energy security program to secure energy networks,
including--
(A) electric networks;
(B) natural gas networks; and
(C) oil exploration, transmission, and delivery
networks.
(2) Security and resiliency objective.--The objective of
the program developed under paragraph (1) is to increase the
functional preservation of electric grid operations or natural
gas and oil operations in the face of natural and human-made
threats and hazards, including electric magnetic pulse and
geomagnetic disturbances.
(3) Eligible activities.--In carrying out the program
developed under paragraph (1), the Secretary may--
(A) develop capabilities to identify
vulnerabilities and critical components that pose major
risks to grid security if destroyed or impaired;
(B) provide modeling at the national level to
predict impacts from natural or human-made events;
(C) add physical security to the cybersecurity
maturity model;
(D) conduct exercises and assessments to identify
and mitigate vulnerabilities to the electric grid,
including providing mitigation recommendations;
(E) conduct research on hardening solutions for
critical components of the electric grid;
(F) conduct research on mitigation and recovery
solutions for critical components of the electric grid;
and
(G) provide technical assistance to States and
other entities for standards and risk analysis.
(4) Savings provision.--Nothing in this section authorizes
new regulatory requirements.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $50,000,000 for the period of fiscal years 2022
through 2026.
SEC. 1106. CYBERSECURITY PLAN.
(a) In General.--The Secretary may require, as the Secretary
determines appropriate, a recipient of any award or other funding under
this Act--
(1) to submit to the Secretary, prior to the issuance of
the award or other funding, a cybersecurity plan that
demonstrates the cybersecurity maturity of the recipient in the
context of the project for which that award or other funding
was provided; and
(2) establish a plan for maintaining and improving
cybersecurity throughout the life of the proposed solution of
the project.
(b) Contents of Cybersecurity Plan.--A cybersecurity plan described
in subsection (a) shall, at a minimum, describe how the recipient
described in that subsection--
(1) plans to maintain cybersecurity between networks,
systems, devices, applications, or components--
(A) within the proposed solution of the project;
and
(B) at the necessary external interfaces at the
proposed solution boundaries;
(2) will perform ongoing evaluation of cybersecurity risks
to address issues as the issues arise throughout the life of
the proposed solution;
(3) will report known or suspected network or system
compromises of the project to the Secretary; and
(4) will leverage applicable cybersecurity programs of the
Department, including cyber vulnerability testing and security
engineering evaluations.
(c) Additional Guidance.--Each recipient described in subsection
(a) should--
(1) maximize the use of open guidance and standards,
including, wherever possible--
(A) the Cybersecurity Capability Maturity Model of
the Department (or a successor model); and
(B) the Framework for Improving Critical
Infrastructure Cybersecurity of the National Institute
of Standards and Technology; and
(2) document --
(A) any deviation from open standards; and
(B) the utilization of proprietary standards where
the recipient determines that such deviation necessary.
(d) Coordination.--The Office of Cybersecurity, Energy Security,
and Emergency Response of the Department shall review each
cybersecurity plan submitted under subsection (a) to ensure integration
with Department research, development, and demonstration programs.
(e) Protection of Information.--Information provided to, or
collected by, the Federal Government pursuant to this section the
disclosure of which the Secretary reasonably foresees could be
detrimental to the physical security or cybersecurity of any electric
utility or the bulk-power system--
(1) shall be exempt from disclosure under section 552(b)(3)
of title 5, United States Code; and
(2) shall not be made available by any Federal agency,
State, political subdivision of a State, or Tribal authority
pursuant to any Federal, State, political subdivision of a
State, or Tribal law, respectively, requiring public disclosure
of information or records.
SEC. 1107. SAVINGS PROVISION.
Nothing in this subtitle affects the authority, existing on the day
before the date of enactment of this Act, of any other Federal
department or agency, including the authority provided to the Secretary
of Homeland Security and the Director of the Cybersecurity and
Infrastructure Security Agency in title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.).
TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
SEC. 2001. EARTH MAPPING RESOURCES INITIATIVE.
(a) Definition of Critical Mineral.--In this section, the term
``critical mineral'' has the meaning given the term in section 7002(a)
of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(b) Establishment.--There is established within the United States
Geological Survey an initiative, to be known as the ``Earth Mapping
Resources Initiative'' (referred to in this section as the
``Initiative'').
(c) Purpose.--The purpose of the Initiative shall be to accelerate
efforts to carry out the fundamental resources and mapping mission of
the United States Geological Survey by--
(1) providing integrated topographic, geologic,
geochemical, and geophysical mapping;
(2) accelerating the integration and consolidation of
geospatial and resource data; and
(3) providing interpretation of subsurface and above-ground
mineral resources data.
(d) Cooperative Agreements.--
(1) In general.--In carrying out the Initiative, the
Director of the United States Geological Survey may enter into
cooperative agreements with State geological surveys.
(2) Effect.--Nothing in paragraph (1) precludes the
Director of the United States Geological Survey from using
existing contracting authorities in carrying out the
Initiative.
(e) Comprehensive Mapping Modernization.--
(1) In general.--Not later than 10 years after the date of
enactment of this Act, the Initiative shall complete an initial
comprehensive national modern surface and subsurface mapping
and data integration effort.
(2) Approach.--In carrying out paragraph (1) with regard to
minerals, mineralization, and mineral deposits, the Initiative
shall focus on the full range of minerals, using a whole ore
body approach rather than a single commodity approach, to
emphasize all of the recoverable critical minerals in a given
surface or subsurface deposit.
(3) Priority.--In carrying out paragraph (1) with regard to
minerals, mineralization, and mineral deposits, the Initiative
shall prioritize mapping and assessing critical minerals.
(4) Inclusions.--In carrying out paragraph (1), the
Initiative shall also--
(A) map and collect data for areas containing mine
waste to increase understanding of above-ground
critical mineral resources in previously disturbed
areas; and
(B) provide for analysis of samples, including
samples within the National Geological and Geophysical
Data Preservation Program established under section
351(b) of the Energy Policy Act of 2005 (42 U.S.C.
15908(b)) for the occurrence of critical minerals.
(f) Availability.--The Initiative shall make the geospatial data
and metadata gathered by the Initiative under subsection (e)(1)
electronically publicly accessible on an ongoing basis.
(g) Integration of Data Sources.--The Initiative shall integrate
data sources, including data from--
(1) the National Cooperative Geologic Mapping Program
established by section 4(a)(1) of the National Geologic Mapping
Act of 1992 (43 U.S.C. 31c(a)(1));
(2) the National Geological and Geophysical Data
Preservation Program established under section 351(b) of the
Energy Policy Act of 2005 (42 U.S.C. 15908(b));
(3) the USMIN Mineral Deposit Database of the United States
Geological Survey;
(4) the 3D Elevation Program established under section 5(a)
of the National Landslide Preparedness Act (43 U.S.C. 3104(a));
and
(5) other relevant sources, including sources providing
geothermal resources data.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $320,000,000
for the period of fiscal years 2022 through 2026, to remain available
until expended.
SEC. 2002. NATIONAL COOPERATIVE GEOLOGIC MAPPING PROGRAM.
(a) In General.--Section 4(d) of the National Geologic Mapping Act
of 1992 (43 U.S.C. 31c(d)) is amended by adding at the end the
following:
``(4) Abandoned mine land and mine waste component.--
``(A) In general.--The geologic mapping program
shall include an abandoned mine land and mine waste
geologic mapping component, the objective of which
shall be to establish the geologic framework of
abandoned mine land and other land containing mine
waste.
``(B) Mapping priorities.--For the component
described in subparagraph (A), the priority shall be
mapping abandoned mine land and other land containing
mine waste where multiple critical mineral (as defined
in section 7002(a) of the Energy Act of 2020 (30 U.S.C.
1606(a))) and metal commodities are anticipated to be
present, rather than single mineral resources.''.
(b) Authorization of Appropriations.--Section 9(a) of the National
Geologic Mapping Act of 1992 (43 U.S.C. 31h(a)) is amended by striking
``2023'' and inserting ``2031''.
SEC. 2003. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION
PROGRAM.
Section 351(b) of the Energy Policy Act of 2005 (42 U.S.C.
15908(b)) is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to provide for preservation of samples to track
geochemical signatures from critical mineral (as defined in
section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)))
ore bodies for use in provenance tracking frameworks.''.
SEC. 2004. USGS ENERGY AND MINERALS RESEARCH FACILITY.
(a) Establishment.--The Director of the United States Geological
Survey (referred to in this section as the ``Director''), shall fund,
through a cooperative agreement with an academic partner, the design,
construction, and tenant build-out of a facility to support energy and
minerals research and appurtenant associated structures.
(b) Ownership.--The United States Geological Survey shall retain
ownership of the facility and associated structures described in
subsection (a).
(c) Agreements.--The Director may enter into agreements with, and
to collect and expend funds or in-kind contributions from, academic,
Federal, State, or other tenants over the life of the facility
described in subsection (a) for the purposes of--
(1) facility planning;
(2) design;
(3) maintenance;
(4) operation; or
(5) facility improvements.
(d) Leases.--The Director may enter into a lease or other agreement
with the academic partner with which the Director has entered into a
cooperative agreement under subsection (a), at no cost to the Federal
Government, to obtain land on which to construct the facility described
in that subsection for a term of not less than 99 years.
(e) Reports.--The Director shall submit to Congress annual reports
on--
(1) the facility described in subsection (a); and
(2) the authorities used under this section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior to carry out this section
$167,000,000 for fiscal year 2022, to remain available until expended.
SEC. 2005. RARE EARTH ELEMENTS DEMONSTRATION FACILITY.
Section 7001 of the Energy Act of 2020 (42 U.S.C. 13344) is
amended--
(1) in subsection (b), by inserting ``and annually
thereafter while the facility established under subsection (c)
remains in operation,'' after ``enactment of this Act,'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Rare Earth Demonstration Facility.--
``(1) Establishment.--In coordination with the research
program under subsection (a)(1)(A), the Secretary shall fund,
through an agreement with an academic partner, the design,
construction, and build-out of a facility to demonstrate the
commercial feasibility of a full-scale integrated rare earth
element extraction and separation facility and refinery.
``(2) Facility activities.--The facility established under
paragraph (1) shall--
``(A) provide environmental benefits through use of
feedstock derived from acid mine drainage, mine waste,
or other deleterious material;
``(B) separate mixed rare earth oxides into pure
oxides of each rare earth element;
``(C) refine rare earth oxides into rare earth
metals; and
``(D) provide for separation of rare earth oxides
and refining into rare earth metals at a single site.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $140,000,000 for fiscal year 2022, to remain
available until expended.''.
SEC. 2006. CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY.
(a) Definition of Critical Mineral.--In this section, the term
``critical mineral'' has the meaning given the term in section 7002(a)
of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(b) Sense of Congress.--It is the sense of Congress that--
(1) critical minerals are fundamental to the economy,
competitiveness, and security of the United States;
(2) many critical minerals are only economic to recover
when combined with the production of a host mineral;
(3) to the maximum extent practicable, the critical mineral
needs of the United States should be satisfied by minerals
responsibly produced and recycled in the United States; and
(4) the Federal permitting process has been identified as
an impediment to mineral production and the mineral security of
the United States.
(c) Federal Permitting and Review Performance Improvements.--To
improve the quality and timeliness of Federal permitting and review
processes with respect to critical mineral production on Federal land,
the Secretary of the Interior, acting through the Director of the
Bureau of Land Management, and the Secretary of Agriculture, acting
through the Chief of the Forest Service (referred to in this section as
the ``Secretaries''), to the maximum extent practicable, shall complete
the Federal permitting and review processes with maximum efficiency and
effectiveness, while supporting vital economic growth, by--
(1) establishing and adhering to timelines and schedules
for the consideration of, and final decisions regarding,
applications, operating plans, leases, licenses, permits, and
other use authorizations for critical mineral-related
activities on Federal land;
(2) establishing clear, quantifiable, and temporal
permitting performance goals and tracking progress against
those goals;
(3) engaging in early collaboration among agencies, project
sponsors, and affected stakeholders--
(A) to incorporate and address the interests of
those parties; and
(B) to minimize delays;
(4) ensuring transparency and accountability by using cost-
effective information technology to collect and disseminate
information regarding individual projects and agency
performance;
(5) engaging in early and active consultation with State,
local, and Tribal governments--
(A) to avoid conflicts or duplication of effort;
(B) to resolve concerns; and
(C) to allow for concurrent, rather than
sequential, reviews;
(6) providing demonstrable improvements in the performance
of Federal permitting and review processes, including lower
costs and more timely decisions;
(7) expanding and institutionalizing Federal permitting and
review process improvements that have proven effective;
(8) developing mechanisms to better communicate priorities
and resolve disputes among agencies at the national, regional,
State, and local levels; and
(9) developing other practices, such as preapplication
procedures.
(d) Review and Report.--Not later than 1 year after the date of
enactment of this Act, the Secretaries shall submit to Congress a
report that--
(1) identifies additional measures, including regulatory
and legislative proposals, if appropriate, that would increase
the timeliness of permitting activities for the exploration and
development of domestic critical minerals;
(2) identifies options, including cost recovery paid by
permit applicants, for ensuring adequate staffing and training
of Federal entities and personnel responsible for the
consideration of applications, operating plans, leases,
licenses, permits, and other use authorizations for critical
mineral-related activities on Federal land;
(3) quantifies the period of time typically required to
complete each step associated with the development and
processing of applications, operating plans, leases, licenses,
permits, and other use authorizations for critical mineral-
related activities on Federal land, including by--
(A) calculating the range, the mean, the median,
the variance, and other statistical measures or
representations of the period of time; and
(B) taking into account other aspects that affect
the period of time that are outside the control of the
Executive branch, such as judicial review, applicant
decisions, or State and local government involvement;
and
(4) describes actions carried out pursuant to subsection
(c).
(e) Performance Metric.--Not later than 90 days after the date of
submission of the report under subsection (d), and after providing
public notice and an opportunity to comment, the Secretaries, using as
a baseline the period of time quantified under paragraph (3) of that
subsection, shall develop and publish a performance metric for
evaluating the progress made by the Executive branch to expedite the
permitting of activities that will increase exploration for, and
development of, domestic critical minerals, while maintaining
environmental standards.
(f) Annual Reports.--Not later than the date on which the President
submits the first budget of the President under section 1105 of title
31, United States Code, after publication of the performance metric
required under subsection (e), and annually thereafter, the Secretaries
shall submit to Congress a report that--
(1) summarizes the implementation of recommendations,
measures, and options identified in paragraphs (1) and (2) of
subsection (d);
(2) using the performance metric developed under subsection
(e), describes progress made by the Executive branch, as
compared to the baseline developed pursuant to subsection
(d)(3), in expediting the permitting of activities that will
increase exploration for, and development of, domestic critical
minerals; and
(3) compares the United States to other countries in terms
of permitting efficiency and any other criteria relevant to the
globally competitive critical minerals industry.
(g) Individual Projects.--Each year, using data contained in the
reports submitted under subsection (f), the Director of the Office of
Management and Budget shall prioritize inclusion of individual critical
mineral projects on the website operated by the Office of Management
and Budget in accordance with section 1122 of title 31, United States
Code.
SEC. 2007. BATTERY PROCESSING AND MANUFACTURING.
(a) Definitions.--In this section:
(1) Advanced battery.--The term ``advanced battery'' means
a battery that consists of a battery cell that can be
integrated into a module, pack, or system to be used in energy
storage applications, including electric vehicles and the
electric grid.
(2) Advanced battery component.--
(A) In general.--The term ``advanced battery
component'' means a component of an advanced battery.
(B) Inclusions.--The term ``advanced battery
component'' includes materials, enhancements,
enclosures, anodes, cathodes, electrolytes, cells, and
other associated technologies that comprise an advanced
battery.
(3) Battery material.--The term ``battery material'' means
the raw and processed form of a mineral, metal, chemical, or
other material used in an advanced battery component.
(4) Eligible entity.--The term ``eligible entity'' means an
entity described in any of paragraphs (1) through (5) of
section 989(b) of the Energy Policy Act of 2005 (42 U.S.C.
16353(b)).
(5) Foreign entity of concern.--The term ``foreign entity
of concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization
by the Secretary of State under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury (commonly known as the ``SDN list'');
(C) owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country that is a covered nation (as defined in section
2533c(d) of title 10, United States Code);
(D) alleged by the Attorney General to have been
involved in activities for which a conviction was
obtained under--
(i) chapter 37 of title 18, United States
Code (commonly known as the ``Espionage Act'');
(ii) section 951 or 1030 of title 18,
United States Code;
(iii) chapter 90 of title 18, United States
Code (commonly known as the ``Economic
Espionage Act of 1996'');
(iv) the Arms Export Control Act (22 U.S.C.
2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of
the Atomic Energy Act of 1954 (42 U.S.C. 2274,
2275, 2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.); or
(vii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); or
(E) determined by the Secretary, in consultation
with the Secretary of Defense and the Director of
National Intelligence, to be engaged in unauthorized
conduct that is detrimental to the national security or
foreign policy of the United States.
(6) Manufacturing.--The term ``manufacturing'', with
respect to an advanced battery and an advanced battery
component, means the industrial and chemical steps taken to
produce that advanced battery or advanced battery component,
respectively.
(7) Processing.--The term ``processing'', with respect to
battery material, means the refining of materials, including
the treating, baking, and coating processes used to convert raw
products into constituent materials employed directly in
advanced battery manufacturing.
(8) Recycling.--The term ``recycling'' means the recovery
of materials from advanced batteries to be reused in similar
applications, including the extracting, processing, and
recoating of battery materials and advanced battery components.
(b) Battery Material Processing Grants.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish within the
Office of Fossil Energy a program, to be known as the ``Battery
Material Processing Grant Program'' (referred to in this
subsection as the ``program''), under which the Secretary shall
award grants in accordance with this subsection.
(2) Purposes.--The purposes of the program are--
(A) to ensure that the United States has a viable
battery materials processing industry to supply the
North American battery supply chain;
(B) to expand the capabilities of the United States
in advanced battery manufacturing;
(C) to enhance national security by reducing the
reliance of the United States on foreign competitors
for critical materials and technologies; and
(D) to enhance the domestic processing capacity of
minerals necessary for battery materials and advanced
batteries.
(3) Grants.--
(A) In general.--Under the program, the Secretary
shall award grants to eligible entities--
(i) to carry out 1 or more demonstration
projects in the United States for the
processing of battery materials;
(ii) to construct 1 or more new commercial-
scale battery material processing facilities in
the United States; and
(iii) to retool, retrofit, or expand 1 or
more existing battery material processing
facilities located in the United States and
determined qualified by the Secretary.
(B) Amount limitation.--The amount of a grant
awarded under the program shall be not less than--
(i) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(ii); and
(iii) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(iii).
(C) Priority; consideration.--In awarding grants to
eligible entities under the program, the Secretary
shall--
(i) give priority to an eligible entity
that--
(I) is located and operates in the
United States;
(II) is owned by a United States
entity;
(III) deploys North American-owned
intellectual property and content;
(IV) represents consortia or
industry partnerships; and
(V) will not use battery material
supplied by or originating from a
foreign entity of concern; and
(ii) take into consideration whether a
project--
(I) provides workforce
opportunities in low- and moderate-
income communities;
(II) encourages partnership with
universities and laboratories to spur
innovation and drive down costs;
(III) partners with Indian Tribes;
and
(IV) takes into account--
(aa) greenhouse gas
emissions reductions and energy
efficient battery material
processing opportunities
throughout the manufacturing
process; and
(bb) supply chain
logistics.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
$3,000,000,000 for the period of fiscal years 2022 through
2026, to remain available until expended.
(c) Battery Manufacturing and Recycling Grants.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish within the
Office of Energy Efficiency and Renewable Energy a battery
manufacturing and recycling grant program (referred to in this
subsection as the ``program'').
(2) Purpose.--The purpose of the program is to ensure that
the United States has a viable domestic manufacturing and
recycling capability to support and sustain a North American
battery supply chain.
(3) Grants.--
(A) In general.--Under the program, the Secretary
shall award grants to eligible entities--
(i) to carry out 1 or more demonstration
projects for advanced battery component
manufacturing, advanced battery manufacturing,
and recycling;
(ii) to construct 1 or more new commercial-
scale advanced battery component manufacturing,
advanced battery manufacturing, or recycling
facilities in the United States; and
(iii) to retool, retrofit, or expand 1 or
more existing facilities located in the United
States and determined qualified by the
Secretary for advanced battery component
manufacturing, advanced battery manufacturing,
and recycling.
(B) Amount limitation.--The amount of a grant
awarded under the program shall be not less than--
(i) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(i);
(ii) $100,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(ii); and
(iii) $50,000,000 for an eligible entity
carrying out 1 or more projects described in
subparagraph (A)(iii).
(C) Priority; consideration.--In awarding grants to
eligible entities under the program, the Secretary
shall--
(i) give priority to an eligible entity
that--
(I) is located and operates in the
United States;
(II) is owned by a United States
entity;
(III) deploys North American-owned
intellectual property and content;
(IV) represents consortia or
industry partnerships; and
(V)(aa) if the eligible entity will
use the grant for advanced battery
component manufacturing, will not use
battery material supplied by or
originating from a foreign entity of
concern; or
(bb) if the eligible entity will
use the grant for battery recycling,
will not export recovered critical
materials to a foreign entity of
concern; and
(ii) take into consideration whether a
project--
(I) provides workforce
opportunities in low- and moderate-
income or rural communities;
(II) provides workforce
opportunities in communities that have
lost jobs due to the displacements of
fossil energy jobs;
(III) encourages partnership with
universities and laboratories to spur
innovation and drive down costs;
(IV) partners with Indian Tribes;
(V) takes into account--
(aa) greenhouse gas
emissions reductions and energy
efficient battery material
processing opportunities
throughout the manufacturing
process; and
(bb) supply chain
logistics; and
(VI) utilizes feedstock produced in
the United States.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the program
$3,000,000,000 for the period of fiscal years 2022 through
2026, to remain available until expended.
(d) Reporting Requirements.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report on the grant programs established under
subsections (b) and (c), including, with respect to each grant program,
a description of--
(1) the number of grant applications received;
(2) the number of grants awarded and the amount of each
award;
(3) the purpose and status of each project carried out
using a grant; and
(4) any other information the Secretary determines
necessary.
(e) Lithium-Ion Battery Recycling Prize Competition.--
(1) In general.--The Secretary shall continue to carry out
the Lithium-Ion Battery Recycling Prize Competition of the
Department established pursuant to section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719)
(referred to in this subsection as the ``competition'').
(2) Authorization of appropriations for pilot projects.--
(A) In general.--There is authorized to be
appropriated to the Secretary to carry out Phase III of
the competition, $10,000,000 for fiscal year 2022, to
remain available until expended.
(B) Use of funds.--The Secretary may use amounts
made available under subparagraph (A)--
(i) to increase the number of winners of
Phase III of the competition;
(ii) to increase the amount awarded to each
winner of Phase III of the competition; and
(iii) to carry out any other activity that
is consistent with the goals of Phase III of
the competition, as determined by the
Secretary.
(f) Battery and Critical Mineral Recycling.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator''
means the Administrator of the Environmental Protection
Agency.
(B) Battery.--The term ``battery'' means a device
that--
(i) consists of 1 or more electrochemical
cells that are electrically connected; and
(ii) is designed to store and deliver
electric energy.
(C) Battery producer.--The term ``battery
producer'' means, with respect to a covered battery or
covered battery-containing product that is sold,
offered for sale, or distributed for sale in the United
States, including through retail, wholesale, business-
to-business, and online sale, the following applicable
entity:
(i) A person who--
(I) manufactures the covered
battery or covered battery-containing
product; and
(II) sells or offers for sale the
covered battery or covered battery-
containing product under the brand of
that person.
(ii) If there is no person described in
clause (i) with respect to the covered battery
or covered battery-containing product, the
owner or licensee of the brand under which the
covered battery or covered battery-containing
product is sold, offered for sale, or
distributed, regardless of whether the
trademark of the brand is registered.
(iii) If there is no person described in
clause (i) or (ii) with respect to the covered
battery or covered battery-containing product,
a person that imports the covered battery or
covered battery-containing product into the
United States for sale or distribution.
(D) Covered battery.--The term ``covered battery''
means a new or unused primary battery or rechargeable
battery.
(E) Covered battery-containing product.--The term
``covered battery-containing product'' means a new or
unused product that contains or is packaged with a
primary battery or rechargeable battery.
(F) Critical mineral.--The term ``critical
mineral'' has the meaning given the term in section
7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
(G) Primary battery.--The term ``primary battery''
means a nonrechargeable battery that weighs not more
than 4.4 pounds, including an alkaline, carbon-zinc,
and lithium metal battery.
(H) Rechargeable battery.--
(i) In general.--The term ``rechargeable
battery'' means a battery that--
(I) contains 1 or more voltaic or
galvanic cells that are electrically
connected to produce electric energy;
(II) is designed to be recharged;
(III) weighs not more than 11
pounds; and
(IV) has a watt-hour rating of not
more than 300 watt-hours.
(ii) Exclusions.--The term ``rechargeable
battery'' does not include a battery that--
(I) contains electrolyte as a free
liquid; or
(II) employs lead-acid technology,
unless that battery is sealed and does
not contain electrolyte as a free
liquid.
(I) Recycling.--The term ``recycling'' means the
series of activities--
(i) during which recyclable materials are
processed into specification-grade commodities,
and consumed as raw-material feedstock, in lieu
of virgin materials, in the manufacturing of
new products;
(ii) that may include collection,
processing, and brokering; and
(iii) that result in subsequent consumption
by a materials manufacturer, including for the
manufacturing of new products.
(2) Battery recycling research, development, and
demonstration grants.--
(A) In general.--The Secretary, in coordination
with the Administrator, shall award multiyear grants to
eligible entities for research, development, and
demonstration projects to create innovative and
practical approaches to increase the reuse and
recycling of batteries, including by addressing--
(i) recycling activities;
(ii) the development of methods to promote
the design and production of batteries that
take into full account and facilitate the
dismantling, reuse, recovery, and recycling of
battery components and materials;
(iii) strategies to increase consumer
acceptance of, and participation in, the
recycling of batteries;
(iv) the extraction or recovery of critical
minerals from batteries that are recycled;
(v) the integration of increased quantities
of recycled critical minerals in batteries and
other products to develop markets for recycled
battery materials and critical minerals;
(vi) safe disposal of waste materials and
components recovered during the recycling
process;
(vii) the protection of the health and
safety of all persons involved in, or in
proximity to, recycling and reprocessing
activities, including communities located near
recycling and materials reprocessing
facilities;
(viii) mitigation of environmental impacts
that arise from recycling batteries, including
disposal of toxic reagents and byproducts
related to recycling processes;
(ix) protection of data privacy associated
with collected covered battery-containing
products;
(x) the optimization of the value of
material derived from recycling batteries; and
(xi) the cost-effectiveness and benefits of
the reuse and recycling of batteries and
critical minerals.
(B) Eligible entities.--The Secretary, in
coordination with the Administrator, may award a grant
under subparagraph (A) to--
(i) an institution of higher education;
(ii) a National Laboratory;
(iii) a Federal research agency;
(iv) a State research agency;
(v) a nonprofit organization;
(vi) an industrial entity;
(vii) a manufacturing entity;
(viii) a private battery-collection entity;
(ix) an entity operating 1 or more battery
recycling activities;
(x) a State or municipal government entity;
(xi) a battery producer;
(xii) a battery retailer; or
(xiii) a consortium of 2 or more entities
described in clauses (i) through (xii).
(C) Applications.--
(i) In general.--To be eligible to receive
a grant under subparagraph (A), an eligible
entity described in subparagraph (B) shall
submit to the Secretary an application at such
time, in such manner, and containing such
information as the Secretary may require.
(ii) Contents.--An application submitted
under clause (i) shall describe how the project
will promote collaboration among--
(I) battery producers and
manufacturers;
(II) battery material and equipment
manufacturers;
(III) battery recyclers,
collectors, and refiners; and
(IV) retailers.
(D) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry
out this paragraph $60,000,000 for the period of fiscal
years 2022 through 2026.
(3) State and local programs.--
(A) In general.--The Secretary, in coordination
with the Administrator, shall establish a program under
which the Secretary shall award grants, on a
competitive basis, to States and units of local
government to assist in the establishment or
enhancement of State battery collection, recycling, and
reprocessing programs.
(B) Non-federal cost share.--The non-Federal share
of the cost of a project carried out using a grant
under this paragraph shall be 50 percent of the cost of
the project.
(C) Report.--Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the
Secretary shall submit to Congress a report that
describes the number of battery collection points
established or enhanced, an estimate of jobs created,
and the quantity of material collected as a result of
the grants awarded under subparagraph (A).
(D) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry
out this paragraph $50,000,000 for the period of fiscal
years 2022 through 2026.
(4) Retailers as collection points.--
(A) In general.--The Secretary shall award grants,
on a competitive basis, to retailers that sell covered
batteries or covered battery-containing products to
establish and implement a system for the acceptance and
collection of covered batteries and covered battery-
containing products, as applicable, for reuse,
recycling, or proper disposal.
(B) Collection system.--A system described in
subparagraph (A) shall include take-back of covered
batteries--
(i) at no cost to the consumer; and
(ii) on a regular, convenient, and
accessible basis.
(C) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry
out this paragraph $15,000,000 for the period of fiscal
years 2022 through 2026.
(5) Task force on producer responsibilities.--
(A) In general.--The Secretary, in coordination
with the Administrator, shall convene a task force to
develop an extended battery producer responsibility
framework that--
(i) addresses battery recycling goals, cost
structures for mandatory recycling, reporting
requirements, product design, collection
models, and transportation of collected
materials;
(ii) provides sufficient flexibility to
allow battery producers to determine cost-
effective strategies for compliance with the
framework; and
(iii) outlines regulatory pathways for
effective recycling.
(B) Task force members.--Members of the task force
convened under subparagraph (A) shall include--
(i) battery producers, manufacturers,
retailers, recyclers, and collectors or
processors;
(ii) States and municipalities; and
(iii) other relevant stakeholders, such as
environmental, energy, or consumer
organizations, as determined by the Secretary.
(C) Report.--Not later than 1 year after the date
on which the Secretary, in coordination with
Administrator, convenes the task force under
subparagraph (A), the Secretary shall submit to
Congress a report that--
(i) describes the extended producer
responsibility framework developed by the task
force;
(ii) includes the recommendations of the
task force on how best to implement a mandatory
pay-in or other enforcement mechanism to ensure
that battery producers and sellers are
contributing to the recycling of batteries; and
(iii) suggests regulatory pathways for
effective recycling.
(6) Effect on mercury-containing and rechargeable battery
management act.--Nothing in this subsection, or any regulation,
guideline, framework, or policy adopted or promulgated pursuant
to this subsection, shall modify or otherwise affect the
provisions of the Mercury-Containing and Rechargeable Battery
Management Act (42 U.S.C. 14301 et seq.).
SEC. 2008. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING AND SECOND-LIFE
APPLICATIONS PROGRAM.
Section 641 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17231) is amended--
(1) by striking subsection (k) and inserting the following:
``(k) Electric Drive Vehicle Battery Second-Life Applications and
Recycling.--
``(1) Definitions.--In this subsection:
``(A) Battery recycling and second-life
applications program.--The term `battery recycling and
second-life applications program' means the electric
drive vehicle battery recycling and second-life
applications program established under paragraph (3).
``(B) Critical material.--The term `critical
material' has the meaning given the term in section
7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).
``(C) Economically distressed area.--The term
`economically distressed area' means an area described
in section 301(a) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161(a)).
``(D) Electric drive vehicle battery.--The term
`electric drive vehicle battery' means any battery that
is a motive power source for an electric drive vehicle.
``(E) Eligible entity.--The term `eligible entity'
means an entity described in any of paragraphs (1)
through (5) of section 989(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16353(b)).
``(2) Program.--The Secretary shall carry out a program of
research, development, and demonstration of--
``(A) second-life applications for electric drive
vehicle batteries that have been used to power electric
drive vehicles; and
``(B) technologies and processes for final
recycling and disposal of the devices described in
subparagraph (A).
``(3) Electric drive vehicle battery recycling and second-
life applications.--
``(A) In general.--In carrying out the program
under paragraph (2), the Secretary shall establish an
electric drive vehicle battery recycling and second-
life applications program under which the Secretary
shall--
``(i) award grants under subparagraph (D);
and
``(ii) carry out other activities in
accordance with this paragraph.
``(B) Purposes.--The purposes of the battery
recycling and second-life applications program are the
following:
``(i) To improve the recycling rates and
second-use adoption rates of electric drive
vehicle batteries.
``(ii) To optimize the design and
adaptability of electric drive vehicle
batteries to make electric drive vehicle
batteries more easily recyclable.
``(iii) To establish alternative supply
chains for critical materials that are found in
electric drive vehicle batteries.
``(iv) To reduce the cost of manufacturing,
installation, purchase, operation, and
maintenance of electric drive vehicle
batteries.
``(v) To improve the environmental impact
of electric drive vehicle battery recycling
processes.
``(C) Targets.--In carrying out the battery
recycling and second-life applications program, the
Secretary shall address near-term (up to 2 years), mid-
term (up to 5 years), and long-term (up to 10 years)
challenges to the recycling of electric drive vehicle
batteries.
``(D) Grants.--
``(i) In general.--In carrying out the
battery recycling and second-life applications
program, the Secretary shall award multiyear
grants on a competitive, merit-reviewed basis
to eligible entities--
``(I) to conduct research,
development, testing, and evaluation of
solutions to increase the rate and
productivity of electric drive vehicle
battery recycling; and
``(II) for research, development,
and demonstration projects to create
innovative and practical approaches to
increase the recycling and second-use
of electric drive vehicle batteries,
including by addressing--
``(aa) technology to
increase the efficiency of
electric drive vehicle battery
recycling and maximize the
recovery of critical materials
for use in new products;
``(bb) expanded uses for
critical materials recovered
from electric drive vehicle
batteries;
``(cc) product design and
construction to facilitate the
disassembly and recycling of
electric drive vehicle
batteries;
``(dd) product design and
construction and other tools
and techniques to extend the
lifecycle of electric drive
vehicle batteries, including
methods to promote the safe
second-use of electric drive
vehicle batteries;
``(ee) strategies to
increase consumer acceptance
of, and participation in, the
recycling of electric drive
vehicle batteries;
``(ff) improvements and
changes to electric drive
vehicle battery chemistries
that include ways to decrease
processing costs for battery
recycling without sacrificing
front-end performance;
``(gg) second-use of
electric drive vehicle
batteries, including in
applications outside of the
automotive industry; and
``(hh) the
commercialization and scale-up
of electric drive vehicle
battery recycling technologies.
``(ii) Priority.--In awarding grants under
clause (i), the Secretary shall give priority
to projects that--
``(I) are located in geographically
diverse regions of the United States;
``(II) include business
commercialization plans that have the
potential for the recycling of electric
drive vehicle batteries at high
volumes;
``(III) support the development of
advanced manufacturing technologies
that have the potential to improve the
competitiveness of the United States in
the international electric drive
vehicle battery manufacturing sector;
``(IV) provide the greatest
potential to reduce costs for consumers
and promote accessibility and community
implementation of demonstrated
technologies;
``(V) increase disclosure and
transparency of information to
consumers;
``(VI) support the development or
demonstration of projects in
economically distressed areas; and
``(VII) support other relevant
priorities, as determined to be
appropriate by the Secretary.
``(iii) Solicitation.--Not later than 90
days after the date of enactment of the Energy
Infrastructure Act, and annually thereafter,
the Secretary shall conduct a national
solicitation for applications for grants
described in clause (i).
``(iv) Dissemination of results.--The
Secretary shall publish the results of the
projects carried out through grants awarded
under clause (i) through--
``(I) best practices relating to
those grants, for use in the electric
drive vehicle battery manufacturing,
design, installation, refurbishing, or
recycling industries;
``(II) coordination with
information dissemination programs
relating to general recycling of
electronic devices; and
``(III) educational materials for
the public, produced in conjunction
with State and local governments or
nonprofit organizations, on the
problems and solutions relating to the
recycling and second-life applications
of electric drive vehicle batteries.
``(E) Coordination with other programs of the
department.--In carrying out the battery recycling and
second-life applications program, the Secretary shall
coordinate and leverage the resources of complementary
efforts of the Department.
``(F) Study and report.--
``(i) Study.--The Secretary shall conduct a
study on the viable market opportunities
available for the recycling, second-use, and
manufacturing of electric drive vehicle
batteries in the United States.
``(ii) Report.--Not later than 1 year after
the date of enactment of the Energy
Infrastructure Act, the Secretary shall submit
to the Committee on Energy and Natural
Resources of the Senate, the Committee on
Science, Space, and Technology of the House of
Representatives, and any other relevant
committee of Congress a report containing the
results of the study under clause (i),
including a description of--
``(I) the ability of relevant
businesses or other entities to
competitively manufacture electric
drive vehicle batteries and recycle
electric drive vehicle batteries in the
United States;
``(II) any existing electric drive
vehicle battery recycling and second-
use practices and plans of electric
drive vehicle manufacturing companies
in the United States;
``(III) any barriers to electric
drive vehicle battery recycling in the
United States;
``(IV) opportunities and barriers
in electric drive vehicle battery
supply chains in the United States and
internationally, including with allies
and trading partners;
``(V) opportunities for job
creation in the electric drive vehicle
battery recycling and manufacturing
fields and the necessary skills
employees must acquire for growth of
those fields in the United States;
``(VI) policy recommendations for
enhancing electric drive vehicle
battery manufacturing and recycling in
the United States;
``(VII) any recommendations for
lowering logistics costs and creating
better coordination and efficiency with
respect to the removal, collection,
transportation, storage, and
disassembly of electric drive vehicle
batteries;
``(VIII) any recommendations for
areas of coordination with other
Federal agencies to improve electric
drive vehicle battery recycling rates
in the United States;
``(IX) an aggressive 2-year target
and plan, the implementation of which
shall begin during the 90-day period
beginning on the date on which the
report is submitted, to enhance the
competitiveness of electric drive
vehicle battery manufacturing and
recycling in the United States; and
``(X) needs for future research,
development, and demonstration projects
in electric drive vehicle battery
manufacturing, recycling, and related
areas, as determined by the Secretary.
``(G) Evaluation.--Not later than 3 years after the
date on which the report under subparagraph (F)(ii) is
submitted, and every 4 years thereafter, the Secretary
shall conduct, and make available to the public and the
relevant committees of Congress, an independent review
of the progress of the grants awarded under
subparagraph (D) in meeting the recommendations and
targets included in the report.''; and
(2) in subsection (p), by striking paragraph (6) and
inserting the following:
``(6) the electric drive vehicle battery recycling and
second-life applications program under subsection (k)
$200,000,000 for the period of fiscal years 2022 through
2026.''.
SEC. 2009. ADVANCED ENERGY MANUFACTURING AND RECYCLING GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Advanced energy property.--The term ``advanced energy
property'' means--
(A) property designed to be used to produce energy
from the sun, water, wind, geothermal or hydrothermal
(as those terms are defined in section 612 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17191)) resources, enhanced geothermal systems (as
defined in that section), or other renewable resources;
(B) fuel cells, microturbines, or energy storage
systems and components;
(C) electric grid modernization equipment or
components;
(D) property designed to capture, remove, use, or
sequester carbon oxide emissions;
(E) equipment designed to refine, electrolyze, or
blend any fuel, chemical, or product that is--
(i) renewable; or
(ii) low-carbon and low-emission;
(F) property designed to produce energy
conservation technologies (including for residential,
commercial, and industrial applications);
(G)(i) light-, medium-, or heavy-duty electric or
fuel cell vehicles, electric or fuel cell locomotives,
electric or fuel cell maritime vessels, or electric or
fuel cell planes;
(ii) technologies, components, and materials of
those vehicles, locomotives, maritime vessels, or
planes; and
(iii) charging or refueling infrastructure
associated with those vehicles, locomotives, maritime
vessels, or planes;
(H)(i) hybrid vehicles with a gross vehicle weight
rating of not less than 14,000 pounds; and
(ii) technologies, components, and materials for
those vehicles; and
(I) other advanced energy property designed to
reduce greenhouse gas emissions, as may be determined
by the Secretary.
(2) Covered census tract.--The term ``covered census
tract'' means a census tract--
(A) in which, after December 31, 1999, a coal mine
had closed;
(B) in which, after December 31, 2009, a coal-fired
electricity generating unit had been retired; or
(C) that is immediately adjacent to a census tract
described in subparagraph (A) or (B).
(3) Eligible entity.--The term ``eligible entity'' means a
manufacturing firm--
(A) the gross annual sales of which are less than
$100,000,000;
(B) that has fewer than 500 employees at the plant
site of the manufacturing firm; and
(C) the annual energy bills of which total more
than $100,000 but less than $2,500,000.
(4) Minority-owned.--The term ``minority-owned'', with
respect to an eligible entity, means an eligible entity not
less than 51 percent of which is owned by 1 or more individuals
who are--
(A) citizens of the United States; and
(B) Asian American, Native Hawaiian, Pacific
Islander, African American, Hispanic, Puerto Rican,
Native American, or Alaska Native.
(5) Program.--The term ``Program'' means the grant program
established under subsection (b).
(6) Qualifying advanced energy project.--The term
``qualifying advanced energy project'' means a project that--
(A)(i) re-equips, expands, or establishes a
manufacturing or recycling facility for the production
or recycling, as applicable, of advanced energy
property; or
(ii) re-equips an industrial or manufacturing
facility with equipment designed to reduce the
greenhouse gas emissions of that facility substantially
below the greenhouse gas emissions under current best
practices, as determined by the Secretary, through the
installation of--
(I) low- or zero-carbon process heat
systems;
(II) carbon capture, transport,
utilization, and storage systems;
(III) technology relating to energy
efficiency and reduction in waste from
industrial processes; or
(IV) any other industrial technology that
significantly reduces greenhouse gas emissions,
as determined by the Secretary;
(B) has a reasonable expectation of commercial
viability, as determined by the Secretary; and
(C) is located in a covered census tract.
(b) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program to award
grants to eligible entities to carry out qualifying advanced energy
projects.
(c) Applications.--
(1) In general.--Each eligible entity seeking a grant under
the Program shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including a description of the
proposed qualifying advanced energy project to be carried out
using the grant.
(2) Selection criteria.--
(A) Projects.--In selecting eligible entities to
receive grants under the Program, the Secretary shall,
with respect to the qualifying advanced energy projects
proposed by the eligible entities, give higher priority
to projects that--
(i) will provide higher net impact in
avoiding or reducing anthropogenic emissions of
greenhouse gases;
(ii) will result in a higher level of
domestic job creation (both direct and
indirect) during the lifetime of the project;
(iii) will result in a higher level of job
creation in the vicinity of the project,
particularly with respect to--
(I) low-income communities (as
described in section 45D(e) of the
Internal Revenue Code of 1986); and
(II) dislocated workers who were
previously employed in manufacturing,
coal power plants, or coal mining;
(iv) have higher potential for
technological innovation and commercial
deployment;
(v) have a lower levelized cost of--
(I) generated or stored energy; or
(II) measured reduction in energy
consumption or greenhouse gas emission
(based on costs of the full supply
chain); and
(vi) have a shorter project time.
(B) Eligible entities.--In selecting eligible
entities to receive grants under the Program, the
Secretary shall give priority to eligible entities that
are minority-owned.
(d) Project Completion and Location; Return of Unobligated Funds.--
(1) Completion; return of unobligated funds.--An eligible
entity that receives a grant under the Program shall be
required--
(A) to complete the qualifying advanced energy
project funded by the grant not later than 3 years
after the date of receipt of the grant funds; and
(B) to return to the Secretary any grant funds that
remain unobligated at the end of that 3-year period.
(2) Location.--If the Secretary determines that an eligible
entity awarded a grant under the Program has carried out the
applicable qualifying advanced energy project at a location
that is materially different from the location specified in the
application for the grant, the eligible entity shall be
required to return the grant funds to the Secretary.
(e) Technical Assistance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall provide technical
assistance on a selective basis to eligible entities that are
seeking a grant under the Program to enhance the impact of the
qualifying advanced energy project to be carried out using the
grant with respect to the selection criteria described in
subsection (c)(2)(A).
(2) Applications.--An eligible entity desiring technical
assistance under paragraph (1) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(3) Factors for consideration.--In selecting eligible
entities for technical assistance under paragraph (1), the
Secretary shall give higher priority to eligible entities that
propose a qualifying advanced energy project that has greater
potential for enhancement of the impact of the project with
respect to the selection criteria described in subsection
(c)(2)(A).
(f) Publication of Grants.--The Secretary shall make publicly
available the identity of each eligible entity awarded a grant under
the Program and the amount of the grant.
(g) Report.--Not later than 4 years after the date of enactment
this Act, the Secretary shall--
(1) review the grants awarded under the Program; and
(2) submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report describing those grants.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the Program $750,000,000 for
the period of fiscal years 2022 through 2026.
SEC. 2010. CRITICAL MINERALS MINING AND RECYCLING RESEARCH.
(a) Definitions.--In this section:
(1) Critical mineral.--The term ``critical mineral'' has
the meaning given the term in section 7002(a) of the Energy Act
of 2020 (30 U.S.C. 1606(a)).
(2) Critical minerals and metals.--The term ``critical
minerals and metals'' includes any host mineral of a critical
mineral.
(3) Director.--The term ``Director'' means the Director of
the Foundation.
(4) End-to-end.--The term ``end-to-end'', with respect to
the integration of mining or life cycle of minerals, means the
integrated approach of, or the lifecycle determined by,
examining the research and developmental process from the
mining of the raw minerals to its processing into useful
materials, its integration into components and devices, the
utilization of such devices in the end-use application to
satisfy certain performance metrics, and the recycling or
disposal of such devices.
(5) Foreign entity of concern.--The term ``foreign entity
of concern'' means a foreign entity that is--
(A) designated as a foreign terrorist organization
by the Secretary of State under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a));
(B) included on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury (commonly known as the SDN list);
(C) owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country that is a covered nation (as defined in section
2533c(d) of title 10, United States Code);
(D) alleged by the Attorney General to have been
involved in activities for which a conviction was
obtained under--
(i) chapter 37 of title 18, United States
Code (commonly known as the ``Espionage Act'');
(ii) section 951 or 1030 of title 18,
United States Code;
(iii) chapter 90 of title 18, United States
Code (commonly known as the ``Economic
Espionage Act of 1996)'';
(iv) the Arms Export Control Act (22 U.S.C.
2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of
the Atomic Energy Act of 1954 (42 U.S.C. 2274,
2275, 2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.); or
(vii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); or
(E) determined by the Secretary of Commerce, in
consultation with the Secretary of Defense and the
Director of National Intelligence, to be engaged in
unauthorized conduct that is detrimental to the
national security or foreign policy of the United
States.
(6) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(7) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(8) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(9) Recycling.--The term ``recycling'' means the process of
collecting and processing spent materials and devices and
turning the materials and devices into raw materials or
components that can be reused either partially or completely.
(10) Secondary recovery.--The term ``secondary recovery''
means the recovery of critical minerals and metals from
discarded end-use products or from waste products produced
during the metal refining and manufacturing process, including
from mine waste piles, acid mine drainage sludge, or byproducts
produced through legacy mining and metallurgy activities.
(b) Critical Minerals Mining and Recycling Research and
Development.--
(1) In general.--In order to support supply chain
resiliency, the Secretary, in coordination with the Director,
shall issue awards, on a competitive basis, to eligible
entities described in paragraph (2) to support basic research
that will accelerate innovation to advance critical minerals
mining, recycling, and reclamation strategies and technologies
for the purposes of--
(A) making better use of domestic resources; and
(B) eliminating national reliance on minerals and
mineral materials that are subject to supply
disruptions.
(2) Eligible entities.--Entities eligible to receive an
award under paragraph (1) are the following:
(A) Institutions of higher education.
(B) National Laboratories.
(C) Nonprofit organizations.
(D) Consortia of entities described in
subparagraphs (A) through (C), including consortia that
collaborate with private industry.
(3) Use of funds.--Activities funded by an award under this
section may include--
(A) advancing mining research and development
activities to develop new mapping and mining
technologies and techniques, including advanced
critical mineral extraction and production--
(i) to improve existing, or to develop new,
supply chains of critical minerals; and
(ii) to yield more efficient, economical,
and environmentally benign mining practices;
(B) advancing critical mineral processing research
activities to improve separation, alloying,
manufacturing, or recycling techniques and technologies
that can decrease the energy intensity, waste,
potential environmental impact, and costs of those
activities;
(C) advancing research and development of critical
minerals mining and recycling technologies that take
into account the potential end-uses and disposal of
critical minerals, in order to improve end-to-end
integration of mining and technological applications;
(D) conducting long-term earth observation of
reclaimed mine sites, including the study of the
evolution of microbial diversity at those sites;
(E) examining the application of artificial
intelligence for geological exploration of critical
minerals, including what size and diversity of data
sets would be required;
(F) examining the application of machine learning
for detection and sorting of critical minerals,
including what size and diversity of data sets would be
required;
(G) conducting detailed isotope studies of critical
minerals and the development of more refined geologic
models; or
(H) providing training and research opportunities
to undergraduate and graduate students to prepare the
next generation of mining engineers and researchers.
(c) Critical Minerals Interagency Subcommittee.--
(1) In general.--In order to support supply chain
resiliency, the Critical Minerals Subcommittee of the National
Science and Technology Council (referred to in this subsection
as the ``Subcommittee'') shall coordinate Federal science and
technology efforts to ensure secure and reliable supplies of
critical minerals to the United States.
(2) Purposes.--The purposes of the Subcommittee shall be--
(A) to advise and assist the National Science and
Technology Council, including the Committee on Homeland
and National Security of the National Science and
Technology Council, on United States policies,
procedures, and plans relating to critical minerals,
including--
(i) Federal research, development, and
deployment efforts to optimize methods for
extractions, concentration, separation, and
purification of conventional, secondary, and
unconventional sources of critical minerals,
including research that prioritizes end-to-end
integration of mining and recycling techniques
and the end-use target for critical minerals;
(ii) efficient use and reuse of critical
minerals, including recycling technologies for
critical minerals and the reclamation of
critical minerals from components, such as
spent batteries;
(iii) addressing the technology transitions
between research or lab-scale mining and
recycling and commercialization of these
technologies;
(iv) the critical minerals workforce of the
United States; and
(v) United States private industry
investments in innovation and technology
transfer from federally funded science and
technology;
(B) to identify emerging opportunities, stimulate
international cooperation, and foster the development
of secure and reliable supply chains of critical
minerals, including activities relating to the reuse of
critical minerals via recycling;
(C) to ensure the transparency of information and
data related to critical minerals; and
(D) to provide recommendations on coordination and
collaboration among the research, development, and
deployment programs and activities of Federal agencies
to promote a secure and reliable supply of critical
minerals necessary to maintain national security,
economic well-being, and industrial production.
(3) Responsibilities.--In carrying out paragraphs (1) and
(2), the Subcommittee may, taking into account the findings and
recommendations of relevant advisory committees--
(A) provide recommendations on how Federal agencies
may improve the topographic, geologic, and geophysical
mapping of the United States and improve the
discoverability, accessibility, and usability of the
resulting and existing data, to the extent permitted by
law and subject to appropriate limitation for purposes
of privacy and security;
(B) assess the progress toward developing critical
minerals recycling and reprocessing technologies;
(C) assess the end-to-end lifecycle of critical
minerals, including for mining, usage, recycling, and
end-use material and technology requirements;
(D) examine, and provide recommendations for,
options for accessing and developing critical minerals
through investment and trade with allies and partners
of the United States;
(E) evaluate and provide recommendations to
incentivize the development and use of advances in
science and technology in the private industry;
(F) assess the need for, and make recommendations
to address, the challenges the United States critical
minerals supply chain workforce faces, including--
(i) aging and retiring personnel and
faculty;
(ii) public perceptions about the nature of
mining and mineral processing; and
(iii) foreign competition for United States
talent;
(G) develop, and update as necessary, a strategic
plan to guide Federal programs and activities to
enhance--
(i) scientific and technical capabilities
across critical mineral supply chains,
including a roadmap that identifies key
research and development needs and coordinates
ongoing activities for source diversification,
more efficient use, recycling, and substitution
for critical minerals; and
(ii) cross-cutting mining science, data
science techniques, materials science,
manufacturing science and engineering,
computational modeling, and environmental
health and safety research and development; and
(H) report to the appropriate committees of
Congress on activities and findings under this
subsection.
(4) Mandatory responsibilities.--In carrying out paragraphs
(1) and (2), the Subcommittee shall, taking into account the
findings and recommendations of relevant advisory committees,
identify and evaluate Federal policies and regulations that
restrict the mining of critical minerals.
(d) Grant Program for Processing of Critical Minerals and
Development of Critical Minerals and Metals.--
(1) Establishment.--The Secretary, in consultation with the
Director, the Secretary of the Interior, and the Secretary of
Commerce, shall establish a grant program to finance pilot
projects for--
(A) the processing or recycling of critical
minerals in the United States; or
(B) the development of critical minerals and metals
in the United States
(2) Limitation on grant awards.--A grant awarded under
paragraph (1) may not exceed $10,000,000.
(3) Economic viability.--In awarding grants under paragraph
(1), the Secretary shall give priority to projects that the
Secretary determines are likely to be economically viable over
the long term.
(4) Secondary recovery.--In awarding grants under paragraph
(1), the Secretary shall seek to award not less than 30 percent
of the total amount of grants awarded during the fiscal year
for projects relating to secondary recovery of critical
minerals and metals.
(5) Domestic priority.--In awarding grants for the
development of critical minerals and metals under paragraph
(1)(B), the Secretary shall prioritize pilot projects that will
process the critical minerals and metals domestically.
(6) Prohibition on processing by foreign entity of
concern.--In awarding grants under paragraph (1), the Secretary
shall ensure that pilot projects do not export for processing
any critical minerals and metals to a foreign entity of
concern.
(7) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out the grant
program established under paragraph (1) $100,000,000 for each
of fiscal years 2021 through 2024.
SEC. 2011. 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD.
(a) Establishment.--The Secretary shall establish a board, to be
known as the ``21st Century Energy Workforce Advisory Board'', to
develop a strategy for the Department that, with respect to the role of
the Department in the support and development of a skilled energy
workforce--
(1) meets the current and future industry and labor needs
of the energy sector;
(2) provides opportunities for students to become qualified
for placement in traditional energy sector and emerging energy
sector jobs;
(3) identifies areas in which the Department can
effectively utilize the technical expertise of the Department
to support the workforce activities of other Federal agencies;
(4) strengthens and engages the workforce training programs
of the Department and the National Laboratories in carrying out
the Equity in Energy Initiative of the Department and other
Department workforce priorities;
(5) develops plans to support and retrain displaced and
unemployed energy sector workers; and
(6) prioritizes education and job training for
underrepresented groups, including racial and ethnic
minorities, Indian Tribes, women, veterans, and
socioeconomically disadvantaged individuals.
(b) Membership.--
(1) In general.--The Board shall be composed of not fewer
than 10 and not more than 15 members, with the initial members
of the Board to be appointed by the Secretary not later than 1
year after the date of enactment of this Act.
(2) Requirement.--The Board shall include not fewer than 1
representative of a labor organization with significant energy
experience who has been nominated by a national labor
federation.
(3) Qualifications.--Each individual appointed to the Board
under paragraph (1) shall have expertise in--
(A) the field of economics or workforce
development;
(B) relevant traditional energy industries or
emerging energy industries, including energy
efficiency;
(C) secondary or postsecondary education;
(D) energy workforce development or apprenticeship
programs of States or units of local government;
(E) relevant organized labor organizations; or
(F) bringing underrepresented groups, including
racial and ethnic minorities, women, veterans, and
socioeconomically disadvantaged individuals, into the
workforce.
(c) Advisory Board Review and Recommendations.--
(1) Determination by board.--In developing the strategy
required under subsection (a), the Board shall--
(A) determine whether there are opportunities to
more effectively and efficiently use the capabilities
of the Department in the development of a skilled
energy workforce;
(B) identify ways in which the Department could
work with other relevant Federal agencies, States,
units of local government, institutions of higher
education, labor organizations, Indian Tribes and
tribal organizations, and industry in the development
of a skilled energy workforce, subject to applicable
law;
(C) identify ways in which the Department and
National Laboratories can--
(i) increase outreach to minority-serving
institutions; and
(ii) make resources available to increase
the number of skilled minorities and women
trained to go into the energy and energy-
related manufacturing sectors;
(iii) increase outreach to displaced and
unemployed energy sector workers; and
(iv) make resources available to provide
training to displaced and unemployed energy
sector workers to reenter the energy workforce;
and
(D)(i) identify the energy sectors in greatest need
of workforce training; and
(ii) in consultation with the Secretary of Labor,
develop recommendations for the skills necessary to
develop a workforce trained to work in those energy
sectors.
(2) Required analysis.--In developing the strategy required
under subsection (a), the Board shall analyze the effectiveness
of--
(A) existing Department-directed support; and
(B) existing energy workforce training programs.
(3) Report.--
(A) In general.--Not later than 1 year after the
date on which the Board is established under this
section, and biennially thereafter until the date on
which the Board is terminated under subsection (f), the
Board shall submit to the Secretary a report
containing, with respect to the strategy required under
subsection (a)--
(i) the findings of the Board; and
(ii) the proposed energy workforce strategy
of the Board.
(B) Response of the secretary.--Not later than 90
days after the date on which a report is submitted to
the Secretary under subparagraph (A), the Secretary
shall--
(i) submit to the Board a response to the
report that--
(I) describes whether the Secretary
approves or disapproves of each
recommendation of the Board under
subparagraph (A); and
(II) if the Secretary approves of a
recommendation, provides an
implementation plan for the
recommendation; and
(ii) submit to Congress--
(I) the report of the Board under
subparagraph (A); and
(II) the response of the Secretary
under clause (i).
(C) Public availability of report.--
(i) In general.--The Board shall make each
report under subparagraph (A) available to the
public on the earlier of--
(I) the date on which the Board
receives the response of the Secretary
under subparagraph (B)(i); and
(II) the date that is 90 days after
the date on which the Board submitted
the report to the Secretary.
(ii) Requirement.--If the Board has
received a response to a report from the
Secretary under subparagraph (B)(i), the Board
shall make that response publicly available
with the applicable report.
(d) Report by the Secretary.--Not later than 180 days before the
date of expiration of a term of the Board under subsection (f), the
Secretary shall submit to the Committees on Energy and Natural
Resources and Appropriations of the Senate and the Committees on Energy
and Commerce and Appropriations of the House of Representatives a
report that--
(1) describes the effectiveness and accomplishments of the
Board during the applicable term;
(2) contains a determination of the Secretary as to whether
the Board should be renewed; and
(3) if the Secretary determines that the Board should be
renewed, any recommendations as to whether and how the scope
and functions of the Board should be modified.
(e) Outreach to Minority-Serving Institutions, Veterans, and
Displaced and Unemployed Energy Workers.--In developing the strategy
under subsection (a), the Board shall--
(1) give special consideration to increasing outreach to
minority-serving institutions, veterans, and displaced and
unemployed energy workers;
(2) make resources available to--
(A) minority-serving institutions, with the
objective of increasing the number of skilled
minorities and women trained to go into the energy and
manufacturing sectors;
(B) institutions that serve veterans, with the
objective of increasing the number veterans in the
energy industry by ensuring that veterans have the
credentials and training necessary to secure careers in
the energy industry; and
(C) institutions that serve displaced and
unemployed energy workers to increase the number of
individuals trained for jobs in the energy industry;
(3) encourage the energy industry to improve the
opportunities for students of minority-serving institutions,
veterans, and displaced and unemployed energy workers to
participate in internships, preapprenticeships,
apprenticeships, and cooperative work-study programs in the
energy industry; and
(4) work with the National Laboratories to increase the
participation of underrepresented groups, veterans, and
displaced and unemployed energy workers in internships,
fellowships, training programs, and employment at the National
Laboratories.
(f) Term.--
(1) In general.--Subject to paragraph (2), the Board shall
terminate on September 30, 2026.
(2) Extensions.--The Secretary may renew the Board for 1 or
more 5-year periods by submitting, not later than the date
described in subsection (d), a report described in that
subsection that contains a determination by the Secretary that
the Board should be renewed.
TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Subtitle A--Carbon Capture, Utilization, Storage, and Transportation
Infrastructure
SEC. 3001. FINDINGS.
Congress finds that--
(1) the industrial sector is integral to the economy of the
United States--
(A) providing millions of jobs and essential
products; and
(B) demonstrating global leadership in
manufacturing and innovation;
(2) carbon capture and storage technologies are necessary
for reducing hard-to-abate emissions from the industrial
sector, which emits nearly 25 percent of carbon dioxide
emissions in the United States;
(3) carbon removal and storage technologies, including
direct air capture, must be deployed at large-scale in the
coming decades to remove carbon dioxide directly from the
atmosphere;
(4) large-scale deployment of carbon capture, removal,
utilization, transport, and storage--
(A) is critical for achieving mid-century climate
goals; and
(B) will drive regional economic development,
technological innovation, and high-wage employment;
(5) carbon capture, removal, and utilization technologies
require a backbone system of shared carbon dioxide transport
and storage infrastructure to enable large-scale deployment,
realize economies of scale, and create an interconnected carbon
management market;
(6) carbon dioxide transport infrastructure and permanent
geological storage are proven and safe technologies with
existing Federal and State regulatory frameworks;
(7) carbon dioxide transport and storage infrastructure
share similar barriers to deployment previously faced by other
types of critical national infrastructure, such as high capital
costs and chicken-and-egg challenges, that require Federal and
State support, in combination with private investment, to be
overcome; and
(8) each State should take into consideration, with respect
to new carbon dioxide transportation infrastructure--
(A) qualifying the infrastructure as pollution
control devices under applicable laws (including
regulations) of the State; and
(B) establishing a waiver of ad valorem and
property taxes for the infrastructure for a period of
not less than 10 years.
SEC. 3002. CARBON UTILIZATION PROGRAM.
Section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) to develop or obtain, in coordination with other
applicable Federal agencies and standard-setting organizations,
standards and certifications, as appropriate, to facilitate the
commercialization of the products and technologies described in
paragraph (2);'';
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following:
``(2) Grant program.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Energy Infrastructure Act, the
Secretary shall establish a program to provide grants
to eligible entities to use in accordance with
subparagraph (D).
``(B) Eligible entities.--To be eligible to receive
a grant under this paragraph, an entity shall be--
``(i) a State;
``(ii) a unit of local government; or
``(iii) a public utility or agency.
``(C) Applications.--Eligible entities desiring a
grant under this paragraph shall submit to the
Secretary an application at such time, in such manner,
and containing such information as the Secretary
determines to be appropriate.
``(D) Use of funds.--An eligible entity shall use a
grant received under this paragraph to procure and use
commercial or industrial products that--
``(i) use or are derived from anthropogenic
carbon oxides; and
``(ii) demonstrate significant net
reductions in lifecycle greenhouse gas
emissions compared to incumbent technologies,
processes, and products.''; and
(C) in paragraph (3) (as so redesignated), by
striking ``paragraph (1)'' and inserting ``this
subsection''; and
(3) by striking subsection (d) and inserting the following:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
``(1) $41,000,000 for fiscal year 2022;
``(2) $65,250,000 for fiscal year 2023;
``(3) $66,562,500 for fiscal year 2024;
``(4) $67,940,625 for fiscal year 2025; and
``(5) $69,387,656 for fiscal year 2026.''.
SEC. 3003. CARBON CAPTURE TECHNOLOGY PROGRAM.
Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking ``program.''
and inserting ``program for carbon capture
technologies; and''; and
(C) by adding at the end the following:
``(E) a front-end engineering and design program
for carbon dioxide transport infrastructure necessary
to enable deployment of carbon capture, utilization,
and storage technologies.''; and
(2) in subsection (d)(1)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) for activities under the front-end
engineering and design program described in subsection
(b)(2)(E), $100,000,000 for the period of fiscal years
2022 through 2026.''.
SEC. 3004. CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION.
(a) In General.--Title IX of the Energy Policy Act of 2005 (42
U.S.C. 16181 et seq.) is amended by adding at the end the following:
``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and
Innovation
``SEC. 999A. DEFINITIONS.
``In this subtitle:
``(1) CIFIA program.--The term `CIFIA program' means the
carbon dioxide transportation infrastructure finance and
innovation program established under section 999B(a).
``(2) Common carrier.--The term `common carrier' means a
transportation infrastructure operator or owner that--
``(A) publishes a publicly available tariff
containing the just and reasonable rates, terms, and
conditions of nondiscriminatory service; and
``(B) holds itself out to provide transportation
services to the public for a fee.
``(3) Contingent commitment.--The term `contingent
commitment' means a commitment to obligate funds from future
available budget authority that is--
``(A) contingent on those funds being made
available in law at a future date; and
``(B) not an obligation of the Federal Government.
``(4) Eligible project costs.--The term `eligible project
costs' means amounts substantially all of which are paid by, or
for the account of, an obligor in connection with a project,
including--
``(A) the cost of--
``(i) development-phase activities,
including planning, feasibility analysis,
revenue forecasting, environmental review,
permitting, preliminary engineering and design
work, and other preconstruction activities;
``(ii) construction, reconstruction,
rehabilitation, replacement, and acquisition of
real property (including land relating to the
project and improvements to land),
environmental mitigation, construction
contingencies, and acquisition and installation
of equipment (including labor); and
``(iii) capitalized interest necessary to
meet market requirements, reasonably required
reserve funds, capital issuance expenses, and
other carrying costs during construction; and
``(B) transaction costs associated with financing
the project, including--
``(i) the cost of legal counsel and
technical consultants; and
``(ii) any subsidy amount paid in
accordance with section 999B(c)(3)(B)(ii) or
section 999C(b)(6)(B)(ii).
``(5) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan or loan guarantee authorized
to be provided under the CIFIA program with respect to a
project.
``(6) Lender.--The term `lender' means a qualified
institutional buyer (as defined in section 230.144A(a) of title
17, Code of Federal Regulations (or a successor regulation),
commonly known as Rule 144A(a) of the Securities and Exchange
Commission and issued under the Securities Act of 1933 (15
U.S.C. 77a et seq.)), that is not a Federal qualified
institutional buyer.
``(7) Letter of interest.--The term `letter of interest'
means a letter submitted by a potential applicant prior to an
application for credit assistance in a format prescribed by the
Secretary on the website of the CIFIA program that--
``(A) describes the project and the location,
purpose, and cost of the project;
``(B) outlines the proposed financial plan,
including the requested credit and grant assistance and
the proposed obligor;
``(C) provides a status of environmental review;
and
``(D) provides information regarding satisfaction
of other eligibility requirements of the CIFIA program.
``(8) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary to pay all or part
of the principal of, and interest on, a loan made to an
obligor, or debt obligation issued by an obligor, in each case
funded by a lender.
``(9) Master credit agreement.--The term `master credit
agreement' means a conditional agreement that--
``(A) is for the purpose of extending credit
assistance for--
``(i) a project of high priority under
section 999B(c)(3)(A); or
``(ii) a project covered under section
999B(c)(3)(B);
``(B) does not provide for a current obligation of
Federal funds; and
``(C) would--
``(i) make a contingent commitment of a
Federal credit instrument or grant at a future
date, subject to--
``(I) the availability of future
funds being made available to carry out
the CIFIA program; and
``(II) the satisfaction of all
conditions for the provision of credit
assistance under the CIFIA program,
including section 999C(b);
``(ii) establish the maximum amounts and
general terms and conditions of the Federal
credit instruments or grants;
``(iii) identify the 1 or more revenue
sources that will secure the repayment of the
Federal credit instruments;
``(iv) provide for the obligation of funds
for the Federal credit instruments or grants
after all requirements have been met for the
projects subject to the agreement, including--
``(I) compliance with all
applicable requirements specified under
the CIFIA program, including sections
999B(d) and 999C(b)(1); and
``(II) the availability of funds to
carry out the CIFIA program; and
``(v) require that contingent commitments
shall result in a financial close and
obligation of credit or grant assistance by not
later than 4 years after the date of entry into
the agreement or release of the commitment, as
applicable, unless otherwise extended by the
Secretary.
``(10) Obligor.--The term `obligor' means a corporation,
partnership, joint venture, trust, non-Federal governmental
entity, agency, or instrumentality, or other entity that is
liable for payment of the principal of, or interest on, a
Federal credit instrument.
``(11) Produced in the united states.--The term `produced
in the United States', with respect to iron and steel, means
that all manufacturing processes for the iron and steel,
including the application of any coating, occurs within the
United States.
``(12) Project.--The term `project' means a project for
common carrier carbon dioxide transportation infrastructure or
associated equipment, including pipeline, shipping, rail, or
other transportation infrastructure and associated equipment,
that will transport or handle carbon dioxide captured from
anthropogenic sources or ambient air, as the Secretary
determines to be appropriate.
``(13) Project obligation.--The term `project obligation'
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
``(14) Secured loan.--The term `secured loan' means a
direct loan to an obligor or a debt obligation issued by an
obligor and purchased by the Secretary, in each case funded by
the Secretary in connection with the financing of a project
under section 999C.
``(15) Subsidy amount.--The term `subsidy amount' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument--
``(A) calculated on a net present value basis; and
``(B) excluding administrative costs and any
incidental effects on governmental receipts or outlays
in accordance with the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
``(16) Substantial completion.--The term `substantial
completion', with respect to a project, means the date--
``(A) on which the project commences transportation
of carbon dioxide; or
``(B) of a comparable event to the event described
in subparagraph (A), as determined by the Secretary and
specified in the project credit agreement.
``SEC. 999B. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
``(a) Establishment of Program.--The Secretary shall establish and
carry out a carbon dioxide transportation infrastructure finance and
innovation program, under which the Secretary shall provide for
eligible projects in accordance with this subtitle--
``(1) a Federal credit instrument under section 999C;
``(2) a grant under section 999D; or
``(3) both a Federal credit instrument and a grant.
``(b) Eligibility.--
``(1) In general.--A project shall be eligible to receive a
Federal credit instrument or a grant under the CIFIA program
if--
``(A) the entity proposing to carry out the project
submits a letter of interest prior to submission of an
application under paragraph (3) for the project; and
``(B) the project meets the criteria described in
this subsection.
``(2) Creditworthiness.--
``(A) In general.--Each project and obligor that
receives a Federal credit instrument or a grant under
the CIFIA program shall be creditworthy, such that
there exists a reasonable prospect of repayment of the
principal and interest on the Federal credit
instrument, as determined by the Secretary under
subparagraph (B).
``(B) Reasonable prospect of repayment.--The
Secretary shall base a determination of whether there
is a reasonable prospect of repayment under
subparagraph (A) on a comprehensive evaluation of
whether the obligor has a reasonable prospect of
repaying the Federal credit instrument for the eligible
project, including evaluation of--
``(i) the strength of the contractual terms
of an eligible project (if available for the
applicable market segment);
``(ii) the forecast of noncontractual cash
flows supported by market projections from
reputable sources, as determined by the
Secretary, and cash sweeps or other structural
enhancements;
``(iii) the projected financial strength of
the obligor--
``(I) at the time of loan close;
and
``(II) throughout the loan term,
including after the project is
completed;
``(iv) the financial strength of the
investors and strategic partners of the
obligor, if applicable; and
``(v) other financial metrics and analyses
that are relied on by the private lending
community and nationally recognized credit
rating agencies, as determined appropriate by
the Secretary.
``(3) Applications.--To be eligible for assistance under
the CIFIA program, an obligor shall submit to the Secretary a
project application at such time, in such manner, and
containing such information as the Secretary determines to be
appropriate.
``(4) Eligible project costs.--A project under the CIFIA
program shall have eligible project costs that are reasonably
anticipated to equal or exceed $100,000,000.
``(5) Revenue sources.--The applicable Federal credit
instrument shall be repayable, in whole or in part, from--
``(A) user fees;
``(B) payments owing to the obligor under a public-
private partnership; or
``(C) other revenue sources that also secure or
fund the project obligations.
``(6) Obligor will be identified later.--A State, local
government, agency, or instrumentality of a State or local
government, or a public authority, may submit to the Secretary
an application under paragraph (3), under which a private party
to a public-private partnership will be--
``(A) the obligor; and
``(B) identified at a later date through completion
of a procurement and selection of the private party.
``(7) Beneficial effects.--The Secretary shall determine
that financial assistance for each project under the CIFIA
program will--
``(A) attract public or private investment for the
project; or
``(B) enable the project to proceed at an earlier
date than the project would otherwise be able to
proceed or reduce the lifecycle costs (including debt
service costs) of the project.
``(8) Project readiness.--To be eligible for assistance
under the CIFIA program, the applicant shall demonstrate a
reasonable expectation that the contracting process for
construction of the project can commence by not later than 90
days after the date on which a Federal credit instrument or
grant is obligated for the project under the CIFIA program.
``(c) Selection Among Eligible Projects.--
``(1) Establishment of application process.--The Secretary
shall establish an application process under which projects
that are eligible to receive assistance under subsection (b)
may--
``(A) receive credit assistance on terms acceptable
to the Secretary, if adequate funds are available
(including any funds provided on behalf of an eligible
project under paragraph (3)(B)(ii)) to cover the
subsidy amount associated with the Federal credit
instrument; and
``(B) receive grants under section 999D if--
``(i) adequate funds are available to cover
the amount of the grant; and
``(ii) the Secretary determines that the
project is eligible under subsection (b).
``(2) Priority.--In selecting projects to receive credit
assistance under subsection (b), the Secretary shall give
priority to projects that--
``(A) are large-capacity, common carrier
infrastructure;
``(B) have demonstrated demand for use of the
infrastructure by associated projects that capture
carbon dioxide from anthropogenic sources or ambient
air;
``(C) enable geographical diversity in associated
projects that capture carbon dioxide from anthropogenic
sources or ambient air, with the goal of enabling
projects in all major carbon dioxide-emitting regions
of the United States; and
``(D) are sited within, or adjacent to, existing
pipeline or other linear infrastructure corridors, in a
manner that minimizes environmental disturbance and
other siting concerns.
``(3) Master credit agreements.--
``(A) Priority projects.--The Secretary may enter
into a master credit agreement for a project that the
Secretary determines--
``(i) will likely be eligible for credit
assistance under subsection (b), on obtaining--
``(I) additional commitments from
associated carbon capture projects to
use the project; or
``(II) all necessary permits and
approvals; and
``(ii) is a project of high priority, as
determined in accordance with the criteria
described in paragraph (2).
``(B) Adequate funding not available.--If the
Secretary fully obligates funding to eligible projects
for a fiscal year and adequate funding is not available
to fund a Federal credit instrument, a project sponsor
(including a unit of State or local government) of an
eligible project may elect--
``(i)(I) to enter into a master credit
agreement in lieu of the Federal credit
instrument; and
``(II) to wait to execute a Federal credit
instrument until the fiscal year for which
additional funds are available to receive
credit assistance; or
``(ii) if the lack of adequate funding is
solely with respect to amounts available for
the subsidy amount, to pay the subsidy amount
to fund the Federal credit instrument.
``(d) Federal Requirements.--
``(1) In general.--Nothing in this subtitle supersedes the
applicability of any other requirement under Federal law
(including regulations).
``(2) NEPA.--Federal credit assistance may only be provided
under this subtitle for a project that has received an
environmental categorical exclusion, a finding of no
significant impact, or a record of decision under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(e) Use of American Iron, Steel, and Manufactured Goods.--
``(1) In general.--Except as provided in paragraph (2), no
Federal credit instrument or grant provided under the CIFIA
program shall be made available for a project unless all iron,
steel, and manufactured goods used in the project are produced
in the United States.
``(2) Exceptions.--Paragraph (1) shall not apply in any
case or category of cases with respect to which the Secretary
determines that--
``(A) the application would be inconsistent with
the public interest;
``(B) iron, steel, or a relevant manufactured good
is not produced in the United States in sufficient and
reasonably available quantity, or of a satisfactory
quality; or
``(C) the inclusion of iron, steel, or a
manufactured good produced in the United States will
increase the cost of the overall project by more than
25 percent.
``(3) Waivers.--If the Secretary receives a request for a
waiver under this subsection, the Secretary shall--
``(A) make available to the public a copy of the
request, together with any information available to the
Secretary concerning the request--
``(i) on an informal basis; and
``(ii) by electronic means, including on
the official public website of the Department;
``(B) allow for informal public comment relating to
the request for not fewer than 15 days before making a
determination with respect to the request; and
``(C) approve or disapprove the request by not
later than the date that is 120 days after the date of
receipt of the request.
``(4) Applicability.--This subsection shall be applied in
accordance with any applicable obligations of the United States
under international agreements.
``(f) Application Processing Procedures.--
``(1) Notice of complete application.--Not later than 30
days after the date of receipt of an application under this
section, the Secretary shall provide to the applicant a written
notice describing whether--
``(A) the application is complete; or
``(B) additional information or materials are
needed to complete the application.
``(2) Approval or denial of application.--Not later than 60
days after the date of issuance of a written notice under
paragraph (1), the Secretary shall provide to the applicant a
written notice informing the applicant whether the Secretary
has approved or disapproved the application.
``(g) Development-phase Activities.--Any Federal credit instrument
provided under the CIFIA program may be used to finance up to 100
percent of the cost of development-phase activities, as described in
section 999A(4)(A).
``SEC. 999C. SECURED LOANS.
``(a) Agreements.--
``(1) In general.--Subject to paragraph (2), the Secretary
may enter into agreements with 1 or more obligors to make
secured loans, the proceeds of which--
``(A) shall be used--
``(i) to finance eligible project costs of
any project selected under section 999B;
``(ii) to refinance interim construction
financing of eligible project costs of any
project selected under section 999B; or
``(iii) to refinance long-term project
obligations or Federal credit instruments, if
the refinancing provides additional funding
capacity for the completion, enhancement, or
expansion of any project that--
``(I) is selected under section
999B; or
``(II) otherwise meets the
requirements of that section; and
``(B) may be used in accordance with subsection
(b)(7) to pay any fees collected by the Secretary under
subparagraph (B) of that subsection.
``(2) Risk assessment.--Before entering into an agreement
under this subsection, the Secretary, in consultation with the
Director of the Office of Management and Budget, shall
determine an appropriate credit subsidy amount for each secured
loan, taking into account all relevant factors, including the
creditworthiness factors under section 999B(b)(2).
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines to be appropriate.
``(2) Maximum amount.--The amount of a secured loan under
this section shall not exceed an amount equal to 80 percent of
the reasonably anticipated eligible project costs.
``(3) Payment.--A secured loan under this section shall be
payable, in whole or in part, from--
``(A) user fees;
``(B) payments owing to the obligor under a public-
private partnership; or
``(C) other revenue sources that also secure or
fund the project obligations.
``(4) Interest rate.--
``(A) In general.--Except as provided in
subparagraph (B), the interest rate on a secured loan
under this section shall be not less than the interest
rate reflected in the yield on United States Treasury
securities of a similar maturity to the maturity of the
secured loan on the date of execution of the loan
agreement.
``(B) Limited buydowns.--
``(i) In general.--Subject to clause (iii),
the Secretary may lower the interest rate of a
secured loan under this section to not lower
than the interest rate described in clause
(ii), if the interest rate has increased during
the period--
``(I) beginning on, as applicable--
``(aa) the date on which an
application acceptable to the
Secretary is submitted for the
applicable project; or
``(bb) the date on which
the Secretary entered into a
master credit agreement for the
applicable project; and
``(II) ending on the date on which
the Secretary executes the Federal
credit instrument for the applicable
project that is the subject of the
secured loan.
``(ii) Description of interest rate.--The
interest rate referred to in clause (i) is the
interest rate reflected in the yield on United
States Treasury securities of a similar
maturity to the maturity of the secured loan in
effect, as applicable to the project that is
the subject of the secured loan, on--
``(I) the date described in clause
(i)(I)(aa); or
``(II) the date described in clause
(i)(I)(bb).
``(iii) Limitation.--The interest rate of a
secured loan may not be lowered pursuant to
clause (i) by more than 1\1/2\ percentage
points (150 basis points).
``(5) Maturity date.--The final maturity date of the
secured loan shall be the earlier of--
``(A) the date that is 35 years after the date of
substantial completion of the project; and
``(B) if the useful life of the capital asset being
financed is of a lesser period, the date that is the
end of the useful life of the asset.
``(6) Nonsubordination.--
``(A) In general.--Except as provided in
subparagraph (B), the secured loan shall not be
subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(B) Preexisting indenture.--
``(i) In general.--The Secretary shall
waive the requirement under subparagraph (A)
for a public agency borrower that is financing
ongoing capital programs and has outstanding
senior bonds under a preexisting indenture,
if--
``(I) the secured loan is rated in
the A category or higher; and
``(II) the secured loan is secured
and payable from pledged revenues not
affected by project performance, such
as a tax-backed revenue pledge or a
system-backed pledge of project
revenues.
``(ii) Limitation.--If the Secretary waives
the nonsubordination requirement under this
subparagraph--
``(I) the maximum credit subsidy
amount to be paid by the Federal
Government shall be not more than 10
percent of the principal amount of the
secured loan; and
``(II) the obligor shall be
responsible for paying the remainder of
the subsidy amount, if any.
``(7) Fees.--
``(A) In general.--The Secretary may collect a fee
on or after the date of the financial close of a
Federal credit instrument under this section in an
amount equal to not more than $3,000,000 to cover all
or a portion of the costs to the Federal Government of
providing the Federal credit instrument.
``(B) Amendment to add cost of fees to secured
loan.--If the Secretary collects a fee from an obligor
under subparagraph (A) to cover all or a portion of the
costs to the Federal Government of providing a secured
loan, the obligor and the Secretary may amend the terms
of the secured loan to add to the principal of the
secured loan an amount equal to the amount of the fee
collected by the Secretary.
``(8) Maximum federal involvement.--The total Federal
assistance provided for a project under the CIFIA program,
including any grant provided under section 999D, shall not
exceed an amount equal to 80 percent of the eligible project
costs.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on--
``(A) the projected cash flow from project revenues
and other repayment sources; and
``(B) the useful life of the project.
``(2) Commencement.--Scheduled loan repayments of principal
or interest on a secured loan under this section shall commence
not later than 5 years after the date of substantial completion
of the project.
``(3) Deferred payments.--
``(A) In general.--If, at any time after the date
of substantial completion of a project, the project is
unable to generate sufficient revenues in excess of
reasonable and necessary operating expenses to pay the
scheduled loan repayments of principal and interest on
the secured loan, the Secretary may, subject to
subparagraph (C), allow the obligor to add unpaid
principal and interest to the outstanding balance of
the secured loan.
``(B) Interest.--Any payment deferred under
subparagraph (A) shall--
``(i) continue to accrue interest in
accordance with subsection (b)(4) until fully
repaid; and
``(ii) be scheduled to be amortized over
the remaining term of the loan.
``(C) Criteria.--
``(i) In general.--Any payment deferral
under subparagraph (A) shall be contingent on
the project meeting criteria established by the
Secretary.
``(ii) Repayment standards.--The criteria
established pursuant to clause (i) shall
include standards for the reasonable prospect
of repayment.
``(4) Prepayment.--
``(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and secured
loan and all deposit requirements under the terms of
any trust agreement, bond resolution, or similar
agreement securing project obligations may be applied
annually to prepay the secured loan, without penalty.
``(B) Use of proceeds of refinancing.--A secured
loan may be prepaid at any time without penalty from
the proceeds of refinancing from non-Federal funding
sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Secretary may sell to another entity
or reoffer into the capital markets a secured loan for the
project if the Secretary determines that the sale or reoffering
can be made on favorable terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change any original
term or condition of the secured loan without the written
consent of the obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan under
this section if the Secretary determines that the budgetary
cost of the loan guarantee is substantially the same as, or
less than, that of a secured loan.
``(2) Terms.--The terms of a loan guarantee under paragraph
(1) shall be consistent with the terms required under this
section for a secured loan, except that the rate on the
guaranteed loan and any prepayment features shall be negotiated
between the obligor and the lender, with the consent of the
Secretary.
``SEC. 999D. FUTURE GROWTH GRANTS.
``(a) Establishment.--The Secretary may provide grants to pay a
portion of the cost differential, with respect to any projected future
increase in demand for carbon dioxide transportation by an
infrastructure project described in subsection (b), between--
``(1) the cost of constructing the infrastructure asset
with the capacity to transport an increased flow rate of carbon
dioxide, as made practicable under the project; and
``(2) the cost of constructing the infrastructure asset
with the capacity to transport carbon dioxide at the flow rate
initially required, based on commitments for the use of the
asset.
``(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be eligible to receive credit assistance under the
CIFIA program;
``(2) carry out, or propose to carry out, a project for
large-capacity, common carrier infrastructure with a probable
future increase in demand for carbon dioxide transportation;
and
``(3) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary determines to be appropriate.
``(c) Use of Funds.--A grant provided under this section may be
used only to pay the costs of any additional flow rate capacity of a
carbon dioxide transportation infrastructure asset that the project
sponsor demonstrates to the satisfaction of the Secretary can
reasonably be expected to be used during the 20-year period beginning
on the date of substantial completion of the project described in
subsection (b)(2).
``(d) Maximum Amount.--The amount of a grant provided under this
section may not exceed an amount equal to 80 percent of the cost of the
additional capacity described in subsection (a).
``SEC. 999E. PROGRAM ADMINISTRATION.
``(a) Requirement.--The Secretary shall establish a uniform system
to service the Federal credit instruments provided under the CIFIA
program.
``(b) Fees.--If funding sufficient to cover the costs of services
of expert firms retained pursuant to subsection (d) and all or a
portion of the costs to the Federal Government of servicing the Federal
credit instruments is not provided in an appropriations Act for a
fiscal year, the Secretary, during that fiscal year, may collect fees
on or after the date of the financial close of a Federal credit
instrument provided under the CIFIA program at a level that is
sufficient to cover those costs.
``(c) Servicer.--
``(1) In general.--The Secretary may appoint a financial
entity to assist the Secretary in servicing the Federal credit
instruments.
``(2) Duties.--A servicer appointed under paragraph (1)
shall act as the agent for the Secretary.
``(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary.
``(d) Assistance From Expert Firms.--The Secretary may retain the
services of expert firms, including counsel, in the field of municipal
and project finance to assist in the underwriting and servicing of
Federal credit instruments.
``(e) Expedited Processing.--The Secretary shall implement
procedures and measures to economize the time and cost involved in
obtaining approval and the issuance of credit assistance under the
CIFIA program.
``SEC. 999F. STATE AND LOCAL PERMITS.
``The provision of credit assistance under the CIFIA program with
respect to a project shall not--
``(1) relieve any recipient of the assistance of any
project obligation to obtain any required State or local permit
or approval with respect to the project;
``(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on private
equity invested in the project; or
``(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation of
the project.
``SEC. 999G. REGULATIONS.
``The Secretary may promulgate such regulations as the Secretary
determines to be appropriate to carry out the CIFIA program.
``SEC. 999H. AUTHORIZATION OF APPROPRIATIONS; CONTRACT AUTHORITY.
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this subtitle--
``(A) $600,000,000 for each of fiscal years 2022
and 2023; and
``(B) $300,000,000 for each of fiscal years 2024
through 2026.
``(2) Spending and borrowing authority.--Spending and
borrowing authority for a fiscal year to enter into Federal
credit instruments shall be promptly apportioned to the
Secretary on a fiscal-year basis.
``(3) Reestimates.--If the subsidy amount of a Federal
credit instrument is reestimated, the cost increase or decrease
of the reestimate shall be borne by, or benefit, the general
fund of the Treasury, consistent with section 504(f) of the
Congressional Budget Act of 1974 (2 U.S.C. 661c(f)).
``(4) Administrative costs.--Of the amounts made available
to carry out the CIFIA program, the Secretary may use not more
than $9,000,000 (as indexed for United States dollar inflation
from the date of enactment of the Energy Infrastructure Act (as
measured by the Consumer Price Index)) each fiscal year for the
administration of the CIFIA program.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of
law, execution of a term sheet by the Secretary of a Federal
credit instrument that uses amounts made available under the
CIFIA program shall impose on the United States a contractual
obligation to fund the Federal credit investment.
``(2) Availability.--Amounts made available to carry out
the CIFIA program for a fiscal year shall be available for
obligation on October 1 of the fiscal year.''.
(b) Technical Amendments.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended--
(1) in the item relating to section 917, by striking
``Efficiency'';
(2) by striking the items relating to subtitle J of title
IX (relating to ultra-deepwater and unconventional natural gas
and other petroleum resources) and inserting the following:
``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and
Innovation
``Sec. 999A. Definitions.
``Sec. 999B. Determination of eligibility and project selection.
``Sec. 999C. Secured loans.
``Sec. 999D. Future growth grants.
``Sec. 999E. Program administration.
``Sec. 999F. State and local permits.
``Sec. 999G. Regulations.
``Sec. 999H. Authorization of appropriations; contract authority.'';
and
(3) by striking the item relating to section 969B and
inserting the following:
``Sec. 969B. High efficiency turbines.''.
SEC. 3005. CARBON STORAGE VALIDATION AND TESTING.
Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is
amended--
(1) in subsection (a)(1)(B), by striking ``over a 10-year
period'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``and
demonstration'' and inserting ``demonstration, and
commercialization''; and
(B) in paragraph (2)--
(i) in subparagraph (G), by striking
``and'' at the end;
(ii) in subparagraph (H), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) evaluating the quantity,
location, and timing of geologic carbon
storage deployment that may be needed,
and developing strategies and resources
to enable the deployment.'';
(3) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively;
(4) by inserting after subsection (d) the following:
``(e) Large-scale Carbon Storage Commercialization Program.--
``(1) In general.--The Secretary shall establish a
commercialization program under which the Secretary shall
provide funding for the development of new or expanded
commercial large-scale carbon sequestration projects and
associated carbon dioxide transport infrastructure, including
funding for the feasibility, site characterization, permitting,
and construction stages of project development.
``(2) Applications; selection.--
``(A) In general.--To be eligible to enter into an
agreement with the Secretary for funding under
paragraph (1), an entity shall submit to the Secretary
an application at such time, in such manner, and
containing such information as the Secretary determines
to be appropriate.
``(B) Application process.--The Secretary shall
establish an application process that, to the maximum
extent practicable--
``(i) is open to projects at any stage of
development described in paragraph (1); and
``(ii) facilitates expeditious development
of projects described in that paragraph.
``(C) Project selection.--In selecting projects for
funding under paragraph (1), the Secretary shall give
priority to--
``(i) projects with substantial carbon
dioxide storage capacity; or
``(ii) projects that will store carbon
dioxide from multiple carbon capture
facilities.'';
(5) in subsection (f) (as so redesignated), in paragraph
(1), by inserting ``with respect to the research, development,
demonstration program components described in subsections (b)
through (d)'' before ``give preference''; and
(6) by striking subsection (h) (as so redesignated) and
inserting the following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,500,000,000
for the period of fiscal years 2022 through 2026.''.
SEC. 3006. SECURE GEOLOGIC STORAGE PERMITTING.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Class vi well.--The term ``Class VI well'' means a well
described in section 144.6(f) of title 40, Code of Federal
Regulations (or successor regulations).
(b) Authorization of Appropriations for Geologic Sequestration
Permitting.--There is authorized to be appropriated to the
Administrator for the permitting of Class VI wells by the Administrator
for the injection of carbon dioxide for the purpose of geologic
sequestration in accordance with the requirements of the Safe Drinking
Water Act (42 U.S.C. 300f et seq.) and the final rule of the
Administrator entitled ``Federal Requirements Under the Underground
Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic
Sequestration (GS) Wells'' (75 Fed. Reg. 77230 (December 10, 2010)),
$5,000,000 for each of fiscal years 2022 through 2026.
(c) State Permitting Program Grants.--
(1) Establishment.--The Administrator shall award grants to
States that, pursuant to section 1422 of the Safe Drinking
Water Act (42 U.S.C. 300h-1), receive the approval of the
Administrator for a State underground injection control program
for permitting Class VI wells for the injection of carbon
dioxide.
(2) Use of funds.--A State that receives a grant under
paragraph (1) shall use the amounts received under the grant to
defray the expenses of the State related to the establishment
and operation of a State underground injection control program
described in paragraph (1).
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
subsection $50,000,000 for the period of fiscal years 2022
through 2026.
SEC. 3007. GEOLOGIC CARBON SEQUESTRATION ON THE OUTER CONTINENTAL
SHELF.
(a) Definitions.--Section 2 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331) is amended--
(1) in the matter preceding subsection (a), by striking
``When used in this Act--'' and inserting ``In this Act:'';
(2) in each subsection, by inserting a subsection heading,
the text of which is comprised of the term defined in the
subsection;
(3) by striking the semicolon at the end of each subsection
(other than subsection (q)) and ``; and'' at the end of
subsection (p) and inserting a period; and
(4) by adding at the end the following:
``(r) Carbon Dioxide Stream.--
``(1) In general.--The term `carbon dioxide stream' means
carbon dioxide that--
``(A) has been captured; and
``(B) consists overwhelmingly of--
``(i) carbon dioxide plus incidental
associated substances derived from the source
material or capture process; and
``(ii) any substances added to the stream
for the purpose of enabling or improving the
injection process.
``(2) Exclusions.--The term `carbon dioxide stream' does
not include additional waste or other matter added to the
carbon dioxide stream for the purpose of disposal.
``(s) Carbon Sequestration.--The term `carbon sequestration' means
the act of storing carbon dioxide that has been removed from the
atmosphere or captured through physical, chemical, or biological
processes that can prevent the carbon dioxide from reaching the
atmosphere.''.
(b) Leases, Easements, or Rights-of-way for Energy and Related
Purposes.--Section 8(p)(1) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(p)(1)) is amended--
(1) in subparagraph (C), by striking ``or'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) provide for, support, or are directly related
to the injection of a carbon dioxide stream into sub-
seabed geologic formations for the purpose of long-term
carbon sequestration.''.
(c) Clarification.--A carbon dioxide stream injected for the
purpose of carbon sequestration under subparagraph (E) of section
8(p)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1))
shall not be considered to be material (as defined in section 3 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1402)) for purposes of that Act (33 U.S.C. 1401 et seq.).
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior shall promulgate regulations
to carry out the amendments made by this section.
SEC. 3008. CARBON REMOVAL.
(a) In General.--Section 969D of the Energy Policy Act of 2005 (42
U.S.C. 16298d) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Regional Direct Air Capture Hubs.--
``(1) Definitions.--In this subsection:
``(A) Eligible project.--The term `eligible
project' means a direct air capture project or a
component project of a regional direct air capture hub.
``(B) Regional direct air capture hub.--The term
`regional direct air capture hub' means a network of
direct air capture projects, potential carbon dioxide
utilization off-takers, connective carbon dioxide
transport infrastructure, subsurface resources, and
sequestration infrastructure located within a region.
``(2) Establishment of program.--
``(A) In general.--The Secretary shall establish a
program under which the Secretary shall provide funding
for eligible projects that contribute to the
development of 4 regional direct air capture hubs
described in subparagraph (B).
``(B) Regional direct air capture hubs.--Each of
the 4 regional direct air capture hubs developed under
the program under subparagraph (A) shall be a regional
direct air capture hub that--
``(i) facilitates the deployment of direct
air capture projects;
``(ii) has the capacity to capture and
sequester, utilize, or sequester and utilize at
least 1,000,000 metric tons of carbon dioxide
from the atmosphere annually from a single unit
or multiple interconnected units;
``(iii) demonstrates the capture,
processing, delivery, and sequestration or end-
use of captured carbon; and
``(iv) could be developed into a regional
or interregional carbon network to facilitate
sequestration or carbon utilization.
``(3) Selection of projects.--
``(A) Solicitation of proposals.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Energy
Infrastructure Act, the Secretary shall solicit
applications for funding for eligible projects.
``(ii) Additional solicitations.--The
Secretary shall solicit applications for
funding for eligible projects on a recurring
basis after the first round of applications is
received under clause (i) until all amounts
appropriated to carry out this subsection are
expended.
``(B) Selection of projects for the development of
regional direct air capture hubs.--Not later than 3
years after the date of the deadline for the submission
of proposals under subparagraph (A)(i), the Secretary
shall select eligible projects described in paragraph
(2)(A).
``(C) Criteria.--The Secretary shall select
eligible projects under subparagraph (B) using the
following criteria:
``(i) Carbon intensity of local industry.--
To the maximum extent practicable, each
eligible project shall be located in a region
with--
``(I) existing carbon-intensive
fuel production or industrial capacity;
or
``(II) carbon-intensive fuel
production or industrial capacity that
has retired or closed in the preceding
10 years.
``(ii) Geographic diversity.--To the
maximum extent practicable, eligible projects
shall contribute to the development of regional
direct air capture hubs located in different
regions of the United States.
``(iii) Carbon potential.--To the maximum
extent practicable, eligible projects shall
contribute to the development of regional
direct air capture hubs located in regions with
high potential for carbon sequestration or
utilization.
``(iv) Hubs in fossil-producing regions.--
To the maximum extent practicable, eligible
projects shall contribute to the development of
at least 2 regional direct air capture hubs
located in economically distressed communities
in the regions of the United States with high
levels of coal, oil, or natural gas resources.
``(v) Scalability.--The Secretary shall
give priority to eligible projects that, as
compared to other eligible projects, will
contribute to the development of regional
direct air capture hubs with larger initial
capacity, greater potential for expansion, and
lower levelized cost per ton of carbon dioxide
removed from the atmosphere.
``(vi) Employment.--The Secretary shall
give priority to eligible projects that are
likely to create opportunities for skilled
training and long-term employment to the
greatest number of residents of the region.
``(vii) Additional criteria.--The Secretary
may take into consideration other criteria
that, in the judgment of the Secretary, are
necessary or appropriate to carry out this
subsection.
``(D) Coordination.--To the maximum extent
practicable, in carrying out the program under this
subsection, the Secretary shall take into account and
coordinate with activities of the carbon capture
technology program established under section 962(b)(1),
the carbon storage validation and testing program
established under section 963(b)(1), and the CIFIA
program established under section 999B(a) such that
funding from each of the programs is leveraged to
contribute toward the development of integrated
regional and interregional carbon capture, removal,
transport, sequestration, and utilization networks.
``(E) Funding of eligible projects.--The Secretary
may make grants to, or enter into cooperative
agreements or contracts with, each eligible project
selected under subparagraph (B) to accelerate
commercialization of, and demonstrate the removal,
processing, transport, sequestration, and utilization
of, carbon dioxide captured from the atmosphere.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $3,500,000,000 for the period of fiscal years 2022
through 2026, to remain available until expended.''.
Subtitle B--Hydrogen Research and Development
SEC. 3101. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) hydrogen plays a critical part in the comprehensive
energy portfolio of the United States;
(2) the use of the hydrogen resources of the United
States--
(A) promotes energy security and resilience; and
(B) provides economic value and environmental
benefits for diverse applications across multiple
sectors of the economy; and
(3) hydrogen can be produced from a variety of domestically
available clean energy sources, including--
(A) renewable energy resources, including biomass;
(B) fossil fuels with carbon capture, utilization,
and storage; and
(C) nuclear power.
(b) Purpose.--The purpose of this subtitle is to accelerate
research, development, demonstration, and deployment of hydrogen from
clean energy sources by--
(1) providing a statutory definition for the term ``clean
hydrogen'';
(2) establishing a clean hydrogen strategy and roadmap for
the United States;
(3) establishing a clearing house for clean hydrogen
program information at the National Energy Technology
Laboratory;
(4) developing a robust clean hydrogen supply chain and
workforce by prioritizing clean hydrogen demonstration projects
in major shale gas regions;
(5) establishing regional clean hydrogen hubs; and
(6) authorizing appropriations to carry out the Department
of Energy Hydrogen Program Plan, dated November 2020, developed
pursuant to title VIII of the Energy Policy Act of 2005 (42
U.S.C. 16151 et seq.).
SEC. 3102. DEFINITIONS.
Section 803 of the Energy Policy Act of 2005 (42 U.S.C. 16152) is
amended--
(1) in paragraph (5), by striking the paragraph designation
and heading and all that follows through ``when'' in the matter
preceding subparagraph (A) and inserting the following:
``(5) Portable; storage.--The terms `portable' and
`storage', when'';
(2) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively; and
(3) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Clean hydrogen; hydrogen.--The terms `clean hydrogen'
and `hydrogen' mean hydrogen produced in compliance with the
greenhouse gas emissions standard established under section
822(a), including production from any fuel source.''.
SEC. 3103. CLEAN HYDROGEN RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Section 805 of the Energy Policy Act of 2005 (42
U.S. 16154) is amended--
(1) in the section heading, by striking ``programs'' and
inserting ``clean hydrogen research and development program'';
(2) in subsection (a)--
(A) by striking ``research and development
program'' and inserting ``crosscutting research and
development program (referred to in this section as the
`program')''; and
(B) by inserting ``processing,'' after
``production,'';
(3) by striking subsection (b) and inserting the following:
``(b) Goals.--The goals of the program shall be--
``(1) to advance research and development to demonstrate
and commercialize the use of clean hydrogen in the
transportation, utility, industrial, commercial, and
residential sectors; and
``(2) to demonstrate a standard of clean hydrogen
production in the transportation, utility, industrial,
commercial, and residential sectors by 2040.'';
(4) in subsection (c)(3), by striking ``renewable fuels and
biofuels'' and inserting ``fossil fuels with carbon capture,
utilization, and sequestration, renewable fuels, biofuels, and
nuclear energy'';
(5) by striking subsection (e) and inserting the following:
``(e) Activities.--In carrying out the program, the Secretary, in
partnership with the private sector, shall conduct activities to
advance and support--
``(1) the establishment of a series of technology cost
goals oriented toward achieving the standard of clean hydrogen
production developed under section 822(a);
``(2) the production of clean hydrogen from diverse energy
sources, including--
``(A) fossil fuels with carbon capture,
utilization, and sequestration;
``(B) hydrogen-carrier fuels (including ethanol and
methanol);
``(C) renewable energy resources, including
biomass;
``(D) nuclear energy; and
``(E) any other methods the Secretary determines to
be appropriate;
``(3) the use of clean hydrogen for commercial, industrial,
and residential electric power generation;
``(4) the use of clean hydrogen in industrial applications,
including steelmaking, cement, chemical feedstocks, and process
heat;
``(5) the use of clean hydrogen for use as a fuel source
for both residential and commercial comfort heating and hot
water requirements;
``(6) the safe and efficient delivery of hydrogen or
hydrogen-carrier fuels, including--
``(A) transmission by pipelines, including
retrofitting the existing natural gas transportation
infrastructure system to enable a transition to
transport and deliver increasing levels of clean
hydrogen, clean hydrogen blends, or clean hydrogen
carriers;
``(B) tanks and other distribution methods; and
``(C) convenient and economic refueling of
vehicles, locomotives, maritime vessels, or planes--
``(i) at central refueling stations; or
``(ii) through distributed onsite
generation;
``(7) advanced vehicle, locomotive, maritime vessel, or
plane technologies, including--
``(A) engine and emission control systems;
``(B) energy storage, electric propulsion, and
hybrid systems;
``(C) automotive, locomotive, maritime vessel, or
plane materials; and
``(D) other advanced vehicle, locomotive, maritime
vessel, or plane technologies;
``(8) storage of hydrogen or hydrogen-carrier fuels,
including the development of materials for safe and economic
storage in gaseous, liquid, or solid form;
``(9) the development of safe, durable, affordable, and
efficient fuel cells, including fuel-flexible fuel cell power
systems, improved manufacturing processes, high-temperature
membranes, cost-effective fuel processing for natural gas, fuel
cell stack and system reliability, low-temperature operation,
and cold start capability;
``(10) the ability of domestic clean hydrogen equipment
manufacturers to manufacture commercially available competitive
technologies in the United States;
``(11) the use of clean hydrogen in the transportation
sector, including in light-, medium-, and heavy-duty vehicles,
rail transport, aviation, and maritime applications; and
``(12) in coordination with relevant agencies, the
development of appropriate, uniform codes and standards for the
safe and consistent deployment and commercialization of clean
hydrogen production, processing, delivery, and end-use
technologies.''; and
(6) by adding at the end the following:
``(j) Targets.--Not later than 180 days after the date of enactment
of the Energy Infrastructure Act, the Secretary shall establish targets
for the program to address near-term (up to 2 years), mid-term (up to 7
years), and long-term (up to 15 years) challenges to the advancement of
clean hydrogen systems and technologies.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by
striking the item relating to section 805 and inserting the following:
``Sec. 805. Clean hydrogen research and development program.''.
SEC. 3104. ADDITIONAL CLEAN HYDROGEN PROGRAMS.
Title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et
seq.) is amended--
(1) by redesignating sections 813 through 816 as sections
818 through 821, respectively; and
(2) by inserting after section 812 the following:
``SEC. 813. REGIONAL CLEAN HYDROGEN HUBS.
``(a) Definition of Regional Clean Hydrogen Hub.--In this section,
the term `regional clean hydrogen hub' means a network of clean
hydrogen producers, potential clean hydrogen consumers, and connective
infrastructure located in close proximity.
``(b) Establishment of Program.--The Secretary shall establish a
program to support the development of at least 4 regional clean
hydrogen hubs that--
``(1) demonstrably aid the achievement of the clean
hydrogen production standard developed under section 822(a);
``(2) demonstrate the production, processing, delivery,
storage, and end-use of clean hydrogen; and
``(3) can be developed into a national clean hydrogen
network to facilitate a clean hydrogen economy.
``(c) Selection of Regional Clean Hydrogen Hubs.--
``(1) Solicitation of proposals.--Not later than 180 days
after the date of enactment of the Energy Infrastructure Act,
the Secretary shall solicit proposals for regional clean
hydrogen hubs.
``(2) Selection of hubs.--Not later than 1 year after the
deadline for the submission of proposals under paragraph (1),
the Secretary shall select at least 4 regional clean hydrogen
hubs to be developed under subsection (b).
``(3) Criteria.--The Secretary shall select regional clean
hydrogen hubs under paragraph (2) using the following criteria:
``(A) Feedstock diversity.--To the maximum extent
practicable--
``(i) at least 1 regional clean hydrogen
hub shall demonstrate the production of clean
hydrogen from fossil fuels;
``(ii) at least 1 regional clean hydrogen
hub shall demonstrate the production of clean
hydrogen from renewable energy; and
``(iii) at least 1 regional clean hydrogen
hub shall demonstrate the production of clean
hydrogen from nuclear energy.
``(B) End-use diversity.--To the maximum extent
practicable--
``(i) at least 1 regional clean hydrogen
hub shall demonstrate the end-use of clean
hydrogen in the electric power generation
sector;
``(ii) at least 1 regional clean hydrogen
hub shall demonstrate the end-use of clean
hydrogen in the industrial sector;
``(iii) at least 1 regional clean hydrogen
hub shall demonstrate the end-use of clean
hydrogen in the residential and commercial
heating sector; and
``(iv) at least 1 regional clean hydrogen
hub shall demonstrate the end-use of clean
hydrogen in the transportation sector.
``(C) Geographic diversity.--To the maximum extent
practicable, each regional clean hydrogen hub--
``(i) shall be located in a different
region of the United States; and
``(ii) shall use energy resources that are
abundant in that region.
``(D) Hubs in natural gas-producing regions.--To
the maximum extent practicable, at least 2 regional
clean hydrogen hubs shall be located in the regions of
the United States with the greatest natural gas
resources.
``(E) Employment.--The Secretary shall give
priority to regional clean hydrogen hubs that are
likely to create opportunities for skilled training and
long-term employment to the greatest number of
residents of the region.
``(F) Additional criteria.--The Secretary may take
into consideration other criteria that, in the judgment
of the Secretary, are necessary or appropriate to carry
out this title
``(4) Funding of regional clean hydrogen hubs.--The
Secretary may make grants to each regional clean hydrogen hub
selected under paragraph (2) to accelerate commercialization
of, and demonstrate the production, processing, delivery,
storage, and end-use of, clean hydrogen.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $8,000,000,000
for the period of fiscal years 2022 through 2026.
``SEC. 814. NATIONAL CLEAN HYDROGEN STRATEGY AND ROADMAP.
``(a) Development.--
``(1) In general.--In carrying out the programs established
under sections 805 and 813, the Secretary, in consultation with
the heads of relevant offices of the Department, shall develop
a technologically and economically feasible national strategy
and roadmap to facilitate widescale production, processing,
delivery, storage, and use of clean hydrogen.
``(2) Inclusions.--The national clean hydrogen strategy and
roadmap developed under paragraph (1) shall focus on--
``(A) establishing a standard of hydrogen
production that achieves the standard developed under
section 822(a), including interim goals towards meeting
that standard;
``(B)(i) clean hydrogen production and use from
natural gas, coal, renewable energy sources, nuclear
energy, and biomass; and
``(ii) identifying potential barriers, pathways,
and opportunities, including Federal policy needs, to
transition to a clean hydrogen economy;
``(C) identifying--
``(i) economic opportunities for the
production, processing, transport, storage, and
use of clean hydrogen that exist in the major
shale natural gas-producing regions of the
United States;
``(ii) economic opportunities for the
production, processing, transport, storage, and
use of clean hydrogen that exist for merchant
nuclear power plants operating in deregulated
markets; and
``(iii) environmental risks associated with
potential deployment of clean hydrogen
technologies in those regions, and ways to
mitigate those risks;
``(D) approaches, including substrategies, that
reflect geographic diversity across the country, to
advance clean hydrogen based on resources, industry
sectors, environmental benefits, and economic impacts
in regional economies;
``(E) identifying opportunities to use, and
barriers to using, existing infrastructure, including
all components of the natural gas infrastructure
system, the carbon dioxide pipeline infrastructure
system, end-use local distribution networks, end-use
power generators, LNG terminals, industrial users of
natural gas, and residential and commercial consumers
of natural gas, for clean hydrogen deployment;
``(F) identifying the needs for and barriers and
pathways to developing clean hydrogen hubs (including,
where appropriate, clean hydrogen hubs coupled with
carbon capture, utilization, and storage hubs) that--
``(i) are regionally dispersed across the
United States and can leverage natural gas to
the maximum extent practicable;
``(ii) can demonstrate the efficient
production, processing, delivery, and use of
clean hydrogen;
``(iii) include transportation corridors
and modes of transportation, including
transportation of clean hydrogen by pipeline
and rail and through ports; and
``(iv) where appropriate, could serve as
joint clean hydrogen and carbon capture,
utilization, and storage hubs;
``(G) prioritizing activities that improve the
ability of the Department to develop tools to model,
analyze, and optimize single-input, multiple-output
integrated hybrid energy systems and multiple-input,
multiple-output integrated hybrid energy systems that
maximize efficiency in providing hydrogen, high-value
heat, electricity, and chemical synthesis services;
``(H) identifying the appropriate points of
interaction between and among Federal agencies involved
in the production, processing, delivery, storage, and
use of clean hydrogen and clarifying the
responsibilities of those Federal agencies, and
potential regulatory obstacles and recommendations for
modifications, in order to support the deployment of
clean hydrogen; and
``(I) identifying geographic zones or regions in
which clean hydrogen technologies could efficiently and
economically be introduced in order to transition
existing infrastructure to rely on clean hydrogen, in
support of decarbonizing all relevant sectors of the
economy.
``(b) Reports to Congress.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Energy Infrastructure Act, the Secretary
shall submit to Congress the clean hydrogen strategy and
roadmap developed under subsection (a).
``(2) Updates.--The Secretary shall submit to Congress
updates to the clean hydrogen strategy and roadmap under
paragraph (1) not less frequently than once every 3 years after
the date on which the Secretary initially submits the report
and roadmap.
``SEC. 815. CLEAN HYDROGEN MANUFACTURING AND RECYCLING.
``(a) Clean Hydrogen Manufacturing Initiative.--
``(1) In general.--In carrying out the programs established
under sections 805 and 813, the Secretary shall award multiyear
grants to, and enter into contracts, cooperative agreements, or
any other agreements authorized under this Act or other Federal
law with, eligible entities (as determined by the Secretary)
for research, development, and demonstration projects to
advance new clean hydrogen production, processing, delivery,
storage, and use equipment manufacturing technologies and
techniques.
``(2) Priority.--In awarding grants or entering into
contracts, cooperative agreements, or other agreements under
paragraph (1), the Secretary, to the maximum extent
practicable, shall give priority to clean hydrogen equipment
manufacturing projects that--
``(A) increase efficiency and cost-effectiveness
in--
``(i) the manufacturing process; and
``(ii) the use of resources, including
existing energy infrastructure;
``(B) support domestic supply chains for materials
and components;
``(C) identify and incorporate nonhazardous
alternative materials for components and devices;
``(D) operate in partnership with tribal energy
development organizations, Indian Tribes, Tribal
organizations, Native Hawaiian community-based
organizations, or territories or freely associated
States; or
``(E) are located in economically distressed areas
of the major natural gas-producing regions of the
United States.
``(3) Evaluation.--Not later than 3 years after the date of
enactment of the Energy Infrastructure Act, and not less
frequently than once every 4 years thereafter, the Secretary
shall conduct, and make available to the public and the
relevant committees of Congress, an independent review of the
progress of the projects carried out through grants awarded, or
contracts, cooperative agreements, or other agreements entered
into, under paragraph (1).
``(b) Clean Hydrogen Technology Recycling Research, Development,
and Demonstration Program.--
``(1) In general.--In carrying out the programs established
under sections 805 and 813, the Secretary shall award multiyear
grants to, and enter into contracts, cooperative agreements, or
any other agreements authorized under this Act or other Federal
law with, eligible entities for research, development, and
demonstration projects to create innovative and practical
approaches to increase the reuse and recycling of clean
hydrogen technologies, including by--
``(A) increasing the efficiency and cost-
effectiveness of the recovery of raw materials from
clean hydrogen technology components and systems,
including enabling technologies such as electrolyzers
and fuel cells;
``(B) minimizing environmental impacts from the
recovery and disposal processes;
``(C) addressing any barriers to the research,
development, demonstration, and commercialization of
technologies and processes for the disassembly and
recycling of devices used for clean hydrogen
production, processing, delivery, storage, and use;
``(D) developing alternative materials, designs,
manufacturing processes, and other aspects of clean
hydrogen technologies;
``(E) developing alternative disassembly and
resource recovery processes that enable efficient,
cost-effective, and environmentally responsible
disassembly of, and resource recovery from, clean
hydrogen technologies; and
``(F) developing strategies to increase consumer
acceptance of, and participation in, the recycling of
fuel cells.
``(2) Dissemination of results.--The Secretary shall make
available to the public and the relevant committees of Congress
the results of the projects carried out through grants awarded,
or contracts, cooperative agreements, or other agreements
entered into, under paragraph (1), including any educational
and outreach materials developed by the projects.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000,000
for the period of fiscal years 2022 through 2026.
``SEC. 816. CLEAN HYDROGEN ELECTROLYSIS PROGRAM.
``(a) Definitions.--In this section:
``(1) Electrolysis.--The term `electrolysis' means a
process that uses electricity to split water into hydrogen and
oxygen.
``(2) Electrolyzer.--The term `electrolyzer' means a system
that produces hydrogen using electrolysis.
``(3) Program.--The term `program' means the program
established under subsection (b).
``(b) Establishment.--Not later than 90 days after the date of
enactment of the Energy Infrastructure Act, the Secretary shall
establish a research, development, demonstration, commercialization,
and deployment program for purposes of commercialization to improve the
efficiency, increase the durability, and reduce the cost of producing
clean hydrogen using electrolyzers.
``(c) Goals.--The goals of the program are--
``(1) to reduce the cost of hydrogen produced using
electrolyzers to less than $2 per kilogram of hydrogen by 2026;
and
``(2) any other goals the Secretary determines are
appropriate.
``(d) Demonstration Projects.--In carrying out the program, the
Secretary shall fund demonstration projects--
``(1) to demonstrate technologies that produce clean
hydrogen using electrolyzers; and
``(2) to validate information on the cost, efficiency,
durability, and feasibility of commercial deployment of the
technologies described in paragraph (1).
``(e) Focus.--The program shall focus on research relating to, and
the development, demonstration, and deployment of--
``(1) low-temperature electrolyzers, including liquid-
alkaline electrolyzers, membrane-based electrolyzers, and other
advanced electrolyzers, capable of converting intermittent
sources of electric power to clean hydrogen with enhanced
efficiency and durability;
``(2) high-temperature electrolyzers that combine
electricity and heat to improve the efficiency of clean
hydrogen production;
``(3) advanced reversible fuel cells that combine the
functionality of an electrolyzer and a fuel cell;
``(4) new highly active, selective, and durable
electrolyzer catalysts and electro-catalysts that--
``(A) greatly reduce or eliminate the need for
platinum group metals; and
``(B) enable electrolysis of complex mixtures with
impurities, including seawater;
``(5) modular electrolyzers for distributed energy systems
and the bulk-power system (as defined in section 215(a) of the
Federal Power Act (16 U.S.C. 824o(a)));
``(6) low-cost membranes or electrolytes and separation
materials that are durable in the presence of impurities or
seawater;
``(7) improved component design and material integration,
including with respect to electrodes, porous transport layers
and bipolar plates, and balance-of-system components, to allow
for scale-up and domestic manufacturing of electrolyzers at a
high volume;
``(8) clean hydrogen storage technologies;
``(9) technologies that integrate hydrogen production
with--
``(A) clean hydrogen compression and drying
technologies;
``(B) clean hydrogen storage; and
``(C) transportation or stationary systems; and
``(10) integrated systems that combine hydrogen production
with renewable power or nuclear power generation technologies,
including hybrid systems with hydrogen storage.
``(f) Grants, Contracts, Cooperative Agreements.--
``(1) Grants.--In carrying out the program, the Secretary
shall award grants, on a competitive basis, to eligible
entities for projects that the Secretary determines would
provide the greatest progress toward achieving the goal of the
program described in subsection (c).
``(2) Contracts and cooperative agreements.--In carrying
out the program, the Secretary may enter into contracts and
cooperative agreements with eligible entities and Federal
agencies for projects that the Secretary determines would
further the purpose of the program described in subsection (b).
``(3) Eligibility; applications.--
``(A) In general.--The eligibility of an entity to
receive a grant under paragraph (1), to enter into a
contract or cooperative agreement under paragraph (2),
or to receive funding for a demonstration project under
subsection (d) shall be determined by the Secretary.
``(B) Applications.--An eligible entity desiring to
receive a grant under paragraph (1), to enter into a
contract or cooperative agreement under paragraph (2),
or to receive funding for a demonstration project under
subsection (d) shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program $1,000,000,000
for the period of fiscal years 2022 through 2026, to remain available
until expended.
``SEC. 817. LABORATORY MANAGEMENT.
``(a) In General.--The National Energy Technology Laboratory, the
Idaho National Laboratory, and the National Renewable Energy Laboratory
shall continue to work in a crosscutting manner to carry out the
programs established under sections 813 and 815.
``(b) Coordination; Clearinghouse.--In carrying out subsection (a),
the National Energy Technology Laboratory shall--
``(1) coordinate with--
``(A) the Idaho National Laboratory, the National
Renewable Energy Laboratory, and other National
Laboratories in a cross-cutting manner;
``(B) institutions of higher education;
``(C) research institutes;
``(D) industrial researchers; and
``(E) international researchers; and
``(2) act as a clearinghouse to collect information from,
and distribute information to, the National Laboratories and
other entities described in subparagraphs (B) through (E) of
paragraph (1).''.
SEC. 3105. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
(a) In General.--The Energy Policy Act of 2005 (42 U.S.C. 16151 et
seq.) (as amended by section 3104(1)) is amended by adding at the end
the following:
``SEC. 822. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
``(a) In General.--Not later than 180 days after the date of
enactment of the Energy Infrastructure Act, the Secretary, in
consultation with the Administrator of the Environmental Protection
Agency and after taking into account input from industry and other
stakeholders, as determined by the Secretary, shall develop an initial
standard for the carbon intensity of clean hydrogen production that
shall apply to activities carried out under this title.
``(b) Requirements.--
``(1) In general.--The standard developed under subsection
(a) shall--
``(A) support clean hydrogen production from each
source described in section 805(e)(2);
``(B) define the term `clean hydrogen' to mean
hydrogen produced with a carbon intensity equal to or
less than 2 kilograms of carbon dioxide-equivalent
produced at the site of production per kilogram of
hydrogen produced; and
``(C) take into consideration technological and
economic feasibility.
``(2) Adjustment.--Not later than the date that is 5 years
after the date on which the Secretary develops the standard
under subsection (a), the Secretary, in consultation with the
Administrator of the Environmental Protection Agency and after
taking into account input from industry and other stakeholders,
as determined by the Secretary, shall--
``(A) determine whether the definition of clean
hydrogen required under paragraph (1)(B) should be
adjusted below the standard described in that
paragraph; and
``(B) if the Secretary determines the adjustment
described in subparagraph (A) is appropriate, carry out
the adjustment.
``(c) Application.--The standard developed under subsection (a)
shall apply to clean hydrogen production from renewable, fossil fuel
with carbon capture, utilization, and sequestration technologies,
nuclear, and other fuel sources using any applicable production
technology.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by
striking the items relating to sections 813 through 816 and inserting
the following:
``Sec. 813. Regional clean hydrogen hubs.
``Sec. 814. National clean hydrogen strategy and roadmap.
``Sec. 815. Clean hydrogen manufacturing and recycling.
``Sec. 816. Clean hydrogen electrolysis program.
``Sec. 817. Laboratory management.
``Sec. 818. Technology transfer
``Sec. 819. Miscellaneous provisions.
``Sec. 820. Cost sharing.
``Sec. 821. Savings clause.
``Sec. 822. Clean hydrogen production qualifications.''.
Subtitle C--Nuclear Energy Infrastructure
SEC. 3201. INFRASTRUCTURE PLANNING FOR MICRO AND SMALL MODULAR NUCLEAR
REACTORS.
(a) Definitions.--In this section:
(1) Advanced nuclear reactor.-- The term ``advanced nuclear
reactor'' has the meaning given the term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
(2) Isolated community.--The term ``isolated community''
has the meaning given the term in section 8011(a) of the Energy
Act of 2020 (42 U.S.C. 17392(a)).
(3) Micro-reactor.--The term ``micro-reactor'' means an
advanced nuclear reactor that has an electric power production
capacity that is not greater than 50 megawatts.
(4) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) Small modular reactor.--The term ``small modular
reactor'' means an advanced nuclear reactor--
(A) with a rated capacity of less than 300
electrical megawatts; and
(B) that can be constructed and operated in
combination with similar reactors at a single site.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committees on Energy and
Commerce and Science, Space, and Technology of the House of
Representatives a report that describes how the Department could
enhance energy resilience and reduce carbon emissions with the use of
micro-reactors and small modular reactors.
(c) Elements.--The report required by subsection (b) shall address
the following:
(1) An evaluation by the Department of current resilience
and carbon reduction requirements for energy for facilities of
the Department to determine whether changes are needed to
address--
(A) the need to provide uninterrupted power to
facilities of the Department for at least 3 days during
power grid failures;
(B) the need for protection against cyber threats
and electromagnetic pulses; and
(C) resilience to extreme natural events, including
earthquakes, volcanic activity, tornados, hurricanes,
floods, tsunamis, lahars, landslides, seiches, a large
quantity of snowfall, and very low or high
temperatures.
(2) A strategy of the Department for using nuclear energy
to meet resilience and carbon reduction goals of facilities of
the Department.
(3) A strategy to partner with private industry to develop
and deploy micro-reactors and small modular reactors to remote
communities in order to replace diesel generation and other
fossil fuels.
(4) An assessment by the Department of the value associated
with enhancing the resilience of a facility of the Department
by transitioning to power from micro-reactors and small modular
reactors and to co-located nuclear facilities with the
capability to provide dedicated power to the facility of the
Department during a grid outage or failure.
(5) The plans of the Department--
(A) for deploying a micro-reactor and a small
modular reactor to produce energy for use by a facility
of the Department in the United States by 2026;
(B) for deploying a small modular reactor to
produce energy for use by a facility of the Department
in the United States by 2029; and
(C) to include micro-reactors and small modular
reactors in the planning for meeting future facility
energy needs.
(d) Financial and Technical Assistance for Siting Micro-reactors,
Small Modular Reactors, and Advanced Nuclear Reactors.--
(1) In general.--The Secretary shall offer financial and
technical assistance to entities to conduct feasibility studies
for the purpose of identifying suitable locations for the
deployment of micro-reactors, small modular reactors, and
advanced nuclear reactors in isolated communities.
(2) Requirement.--Prior to providing financial and
technical assistance under paragraph (1), the Secretary shall
conduct robust community engagement and outreach for the
purpose of identifying levels of interest in isolated
communities.
(3) Limitation.--The Secretary shall not disburse more than
50 percent of the amounts available for financial assistance
under this subsection to the National Laboratories.
SEC. 3202. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS AND
PROTECTION OF INFORMATION RELATING TO CERTAIN AGREEMENTS.
(a) Property Interests Relating to Federally Funded Advanced
Nuclear Reactor Projects.--
(1) Definitions.--In this section:
(A) Advanced nuclear reactor.--The term ``advanced
nuclear reactor'' has the meaning given the term in
section 951(b) of the Energy Policy Act of 2005 (42
U.S.C. 16271(b)).
(B) Property interest.--
(i) In general.--Except as provided in
clause (ii), the term ``property interest''
means any interest in real property or personal
property (as those terms are defined in section
200.1 of title 2, Code of Federal Regulations
(as in effect on the date of enactment of this
Act)).
(ii) Exclusion.--The term ``property
interest'' does not include any interest in
intellectual property developed using funding
provided under a project described in paragraph
(3).
(2) Assignment of property interests.--The Secretary may
assign to any entity, including the United States, fee title or
any other property interest acquired by the Secretary under an
agreement entered into with respect to a project described in
paragraph (3).
(3) Project described.--A project referred to in paragraph
(2) is--
(A) a project for which funding is provided
pursuant to the funding opportunity announcement of the
Department numbered DE-FOA-0002271, including any
project for which funding has been provided pursuant to
that announcement as of the date of enactment of this
Act;
(B) any other project for which funding is provided
using amounts made available for the Advanced Reactor
Demonstration Program of the Department under the
heading ``Nuclear Energy'' under the heading ``ENERGY
PROGRAMS'' in title III of division C of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-
94; 133 Stat. 2670);
(C) any other project for which Federal funding is
provided under the Advanced Reactor Demonstration
Program of the Department; or
(D) a project--
(i) relating to advanced nuclear reactors;
and
(ii) for which Federal funding is provided
under a program focused on development and
demonstration.
(4) Retroactive vesting.--The vesting of fee title or any
other property interest assigned under paragraph (2) shall be
retroactive to the date on which the applicable project first
received Federal funding as described in any of subparagraphs
(A) through (D) of paragraph (3).
(b) Considerations in Cooperative Research and Development
Agreements.--
(1) In general.--Section 12(c)(7)(B) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(c)(7)(B)) is amended--
(A) by inserting ``(i)'' after ``(B)'';
(B) in clause (i), as so designated, by striking
``The director'' and inserting ``Subject to clause
(ii), the director''; and
(C) by adding at the end the following:
``(II) The agency may authorize the
director to provide appropriate
protections against dissemination
described in clause (i) for a total
period of not more than 30 years if the
agency determines that the nature of
the information protected against
dissemination, including nuclear
technology, could reasonably require an
extended period of that protection to
reach commercialization.''.
(2) Applicability.--
(A) Definition.--In this subsection, the term
``cooperative research and development agreement'' has
the meaning given the term in section 12(d) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(d)).
(B) Retroactive effect.--Clause (ii) of section
12(c)(7)(B) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)), as
added by subsection (a) of this section, shall apply
with respect to any cooperative research and
development agreement that is in effect as of the day
before the date of enactment of this Act.
(c) Department of Energy Contracts.--Section 646(g)(5) of the
Department of Energy Organization Act (42 U.S.C. 7256(g)(5)) is
amended--
(1) by striking ``(5) The Secretary'' and inserting the
following:
``(5) Protection from disclosure.--
``(A) In general.--The Secretary''; and
(2) in subparagraph (A) (as so designated)--
(A) by striking ``, for up to 5 years after the
date on which the information is developed,''; and
(B) by striking ``agency.'' and inserting the
following: ``agency--
``(i) for up to 5 years after the date on
which the information is developed; or
``(ii) for up to 30 years after the date on
which the information is developed, if the
Secretary determines that the nature of the
technology under the transaction, including
nuclear technology, could reasonably require an
extended period of protection from disclosure
to reach commercialization.
``(B) Extension during term.--The Secretary may
extend the period of protection from disclosure during
the term of any transaction described in subparagraph
(A) in accordance with that subparagraph.''.
SEC. 3203. CIVIL NUCLEAR CREDIT PROGRAM.
(a) Definitions.--In this section:
(1) Certified nuclear reactor.--The term ``certified
nuclear reactor'' means a nuclear reactor that--
(A) competes in a competitive electricity market;
and
(B) is certified under subsection (c)(2)(A)(i) to
submit a sealed bid in accordance with subsection (d).
(2) Credit.--The term ``credit'' means a credit allocated
to a certified nuclear reactor under subsection (e)(2).
(b) Establishment of Program.--The Secretary shall establish a
civil nuclear credit program--
(1) to evaluate nuclear reactors that are projected to
cease operations due to economic factors; and
(2) to allocate credits to certified nuclear reactors that
are selected under paragraph (1)(B) of subsection (e) to
receive credits under paragraph (2) of that subsection.
(c) Certification.--
(1) Application.--
(A) In general.--In order to be certified under
paragraph (2)(A)(i), the owner or operator of a nuclear
reactor that is projected to cease operations due to
economic factors shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary determines
to be appropriate, including--
(i) information on the operating costs
necessary to make the determination described
in paragraph (2)(A)(ii)(I), including--
(I) the average projected annual
operating loss in dollars per megawatt-
hour, inclusive of the cost of
operational and market risks, expected
to be incurred by the nuclear reactor
over the 4-year period for which
credits would be allocated;
(II) any private or publicly
available data with respect to current
or projected bulk power market prices;
(III) out-of-market revenue
streams;
(IV) operations and maintenance
costs;
(V) capital costs, including fuel;
and
(VI) operational and market risks;
(ii) an estimate of the potential
incremental air pollutants that would result if
the nuclear reactor were to cease operations;
(iii) known information on the source of
produced uranium and the location where the
uranium is converted, enriched, and fabricated
into fuel assemblies for the nuclear reactor
for the 4-year period for which credits would
be allocated; and
(iv) a detailed plan to sustain operations
at the conclusion of the applicable 4-year
period for which credits would be allocated--
(I) without receiving additional
credits; or
(II) with the receipt of additional
credits of a lower amount than the
credits allocated during that 4-year
credit period.
(B) Timeline.--The Secretary shall accept
applications described in subparagraph (A)--
(i) until the date that is 120 days after
the date of enactment of this Act; and
(ii) not less frequently than every year
thereafter.
(C) Payments from state programs.--
(i) In general.--The owner or operator of a
nuclear reactor that receives a payment from a
State zero-emission credit, a State clean
energy contract, or any other State program
with respect to that nuclear reactor shall be
eligible to submit an application under
subparagraph (A) with respect to that nuclear
reactor during any application period beginning
after the 120-day period beginning on the date
of enactment of this Act.
(ii) Requirement.--An application submitted
by an owner or operator described in clause (i)
with respect to a nuclear reactor described in
that clause shall include all projected
payments from State programs in determining the
average projected annual operating loss
described in subparagraph (A)(i)(I), unless the
credits allocated to the nuclear reactor
pursuant to that application will be used to
reduce those payments.
(2) Determination to certify.--
(A) Determination.--
(i) In general.--Not later than 60 days
after the applicable date under subparagraph
(B) of paragraph (1), the Secretary shall
determine whether to certify, in accordance
with clauses (ii) and (iii), each nuclear
reactor for which an application is submitted
under subparagraph (A) of that paragraph.
(ii) Minimum requirements.--To the maximum
extent practicable, the Secretary shall only
certify a nuclear reactor under clause (i) if--
(I) after considering the
information submitted under paragraph
(1)(A)(i), the Secretary determines
that the nuclear reactor is projected
to cease operations due to economic
factors;
(II) after considering the estimate
submitted under paragraph (1)(A)(ii),
the Secretary determines that
pollutants would increase if the
nuclear reactor were to cease
operations and be replaced with other
types of power generation; and
(III) the Nuclear Regulatory
Commission has reasonable assurance
that the nuclear reactor--
(aa) will continue to be
operated in accordance with the
current licensing basis (as
defined in section 54.3 of
title 10, Code of Federal
Regulations (or successor
regulations) of the nuclear
reactor; and
(bb) poses no significant
safety hazards.
(iii) Priority.--In determining whether to
certify a nuclear reactor under clause (i), the
Secretary shall give priority to a nuclear
reactor that uses, to the maximum extent
available, uranium that is produced, converted,
enriched, and fabricated into fuel assemblies
in the United States.
(B) Notice.--For each application received under
paragraph (1)(A), the Secretary shall provide to the
applicable owner or operator, as applicable--
(i) a notice of the certification of the
applicable nuclear reactor; or
(ii) a notice that describes the reasons
why the certification of the applicable nuclear
reactor was denied.
(d) Bidding Process.--
(1) In general.--Subject to paragraph (2), the Secretary
shall establish a deadline by which each certified nuclear
reactor shall submit to the Secretary a sealed bid that--
(A) describes the price per megawatt-hour of the
credits desired by the certified nuclear reactor, which
shall not exceed the average projected annual operating
loss described in subsection (c)(1)(A)(i)(I); and
(B) includes a commitment, subject to the receipt
of credits, to provide a specific number of megawatt-
hours of generation during the 4-year period for which
credits would be allocated.
(2) Requirement.--The deadline established under paragraph
(1) shall be not later than 30 days after the first date on
which the Secretary has made the determination described in
paragraph (2)(A)(i) of subsection (c) with respect to each
application submitted under paragraph (1)(A) of that
subsection.
(e) Allocation.--
(1) Auction.--Notwithstanding section 169 of the Atomic
Energy Act of 1954 (42 U.S.C. 2209), the Secretary shall--
(A) in consultation with the heads of applicable
Federal agencies, establish a process for evaluating
bids submitted under subsection (d)(1) through an
auction process; and
(B) select certified nuclear reactors to be
allocated credits.
(2) Credits.--Subject to subsection (f)(2), on selection
under paragraph (1), a certified nuclear reactor shall be
allocated credits for a 4-year period beginning on the date of
the selection.
(3) Requirement.--To the maximum extent practicable, the
Secretary shall use the amounts made available for credits
under this section to allocate credits to as many certified
nuclear reactors as possible.
(f) Renewal.--
(1) In general.--The owner or operator of a certified
nuclear reactor may seek to recertify the nuclear reactor in
accordance with this section.
(2) Limitation.--Notwithstanding any other provision of
this section, the Secretary may not allocate any credits after
September 30, 2031.
(g) Additional Requirements.--
(1) Audit.--During the 4-year period beginning on the date
on which a certified nuclear reactor first receives a credit,
the Secretary shall periodically audit the certified nuclear
reactor.
(2) Recapture.--The Secretary shall, by regulation, provide
for the recapture of the allocation of any credit to a
certified nuclear reactor that, during the period described in
paragraph (1)--
(A) terminates operations; or
(B) does not operate at an annual loss in the
absence of an allocation of credits to the certified
nuclear reactor.
(3) Confidentiality.--The Secretary shall establish
procedures to ensure that any confidential, private,
proprietary, or privileged information that is included in a
sealed bid submitted under this section is not publicly
disclosed or otherwise improperly used.
(h) Report.--Not later than January 1, 2024, the Comptroller
General of the United States shall submit to Congress a report with
respect to the credits allocated to certified nuclear reactors, which
shall include--
(1) an evaluation of the effectiveness of the credits in
avoiding air pollutants while ensuring grid reliability;
(2) a quantification of the ratepayer savings achieved
under this section; and
(3) any recommendations to renew or expand the credits.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $6,000,000,000
for the period of fiscal years 2022 through 2026.
Subtitle D--Hydropower
SEC. 3301. HYDROELECTRIC PRODUCTION INCENTIVES.
Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881) is
amended--
(1) in subsection (b)(2), by striking ``before the date of
the enactment of this section'' and inserting ``before the date
of enactment of the Energy Infrastructure Act'';
(2) in the undesignated matter following subsection (b)(3),
by striking ``the date of the enactment of this section'' and
inserting ``the date of enactment of the Energy Infrastructure
Act'';
(3) in subsection (e)(1), in the second sentence, by
striking ``$750,000'' and inserting ``$1,000,000''; and
(4) by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $125,000,000
for fiscal year 2022, to remain available until expended.''.
SEC. 3302. HYDROELECTRIC EFFICIENCY IMPROVEMENT INCENTIVES.
(a) In General.--Section 243 of the Energy Policy Act of 2005 (42
U.S.C. 15882) is amended--
(1) in the section heading, by inserting ``incentives''
after ``improvement'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``10
percent'' and inserting ``30 percent'';
(B) in the second sentence--
(i) by striking ``$750,000'' and inserting
``$5,000,000''; and
(ii) by inserting ``in any 1 fiscal year''
before the period at the end; and
(3) by striking subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for fiscal year 2022
to remain available until expended.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by
striking the item relating to section 243 and inserting the following:
``243. Hydroelectric efficiency improvement incentives.''.
SEC. 3303. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.
(a) In General.--Subtitle C of title II of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 674) is amended by adding at the end
the following:
``SEC. 247. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.
``(a) Definition of Qualified Hydroelectric Facility.--In this
section, the term `qualified hydroelectric facility' means a
hydroelectric project that--
``(1)(A) is licensed by the Federal Energy Regulatory
Commission; or
``(B) is a hydroelectric project constructed, operated, or
maintained pursuant to a permit or valid existing right-of-way
granted prior to June 10, 1920, or a license granted pursuant
to the Federal Power Act (16 U.S.C. 791a et seq.);
``(2) is placed into service before the date of enactment
of this section; and
``(3)(A) is in compliance with all applicable Federal,
Tribal, and State requirements; or
``(B) would be brought into compliance with the
requirements described in subparagraph (A) as a result of the
capital improvements carried out using an incentive payment
under this section.
``(b) Incentive Payments.--The Secretary shall make incentive
payments to the owners or operators of qualified hydroelectric
facilities for capital improvements directly related to--
``(1) improving grid resiliency, including--
``(A) adapting more quickly to changing grid
conditions;
``(B) providing ancillary services (including black
start capabilities, voltage support, and spinning
reserves);
``(C) integrating other variable sources of
electricity generation; and
``(D) managing accumulated reservoir sediments;
``(2) improving dam safety to ensure acceptable performance
under all loading conditions (including static, hydrologic, and
seismic conditions), including--
``(A) the maintenance or upgrade of spillways or
other appurtenant structures;
``(B) dam stability improvements, including erosion
repair and enhanced seepage controls; and
``(C) upgrades or replacements of floodgates or
natural infrastructure restoration or protection to
improve flood risk reduction; or
``(3) environmental improvements, including--
``(A) adding or improving safe and effective fish
passage, including new or upgraded turbine technology,
fish ladders, fishways, and all other associated
technology, equipment, or other fish passage technology
to a qualified hydroelectric facility;
``(B) improving the quality of the water retained
or released by a qualified hydroelectric facility;
``(C) promoting downstream sediment transport
processes and habitat maintenance; and
``(D) improving recreational access to the project
vicinity, including roads, trails, boat ingress and
egress, flows to improve recreation, and infrastructure
that improves river recreation opportunity.
``(c) Limitations.--
``(1) Costs.--Incentive payments under this section shall
not exceed 30 percent of the costs of the applicable capital
improvement.
``(2) Maximum amount.--Not more than 1 incentive payment
may be made under this section with respect to capital
improvements at a single qualified hydroelectric facility in
any 1 fiscal year, the amount of which shall not exceed
$5,000,000.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $553,600,000
for fiscal year 2022, to remain available until expended.''.
(b) Conforming Amendment.--The table of contents for the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by
inserting after the item relating to section 246 the following:
``247. Maintaining and enhancing hydroelectricity incentives.''.
SEC. 3304. PUMPED STORAGE HYDROPOWER WIND AND SOLAR INTEGRATION AND
SYSTEM RELIABILITY INITIATIVE.
Section 3201 of the Energy Policy Act of 2020 (42 U.S.C. 17232) is
amended--
(1) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Pumped Storage Hydropower Wind and Solar Integration and
System Reliability Initiative.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A)(i) an electric utility, including--
``(I) a political subdivision of a State,
such as a municipally owned electric utility;
or
``(II) an instrumentality of a State
composed of municipally owned electric
utilities;
``(ii) an electric cooperative; or
``(iii) an investor-owned utility;
``(B) an Indian Tribe or Tribal organization;
``(C) a State energy office;
``(D) an institution of higher education; and
``(E) a consortium of the entities described in
subparagraphs (A) through (D).
``(2) Demonstration project.--
``(A) In general.--Not later than September 30,
2023, the Secretary shall, to the maximum extent
practicable, enter into an agreement with an eligible
entity to provide financial assistance to the eligible
entity to carry out project design, transmission
studies, power market assessments, and permitting for a
pumped storage hydropower project to facilitate the
long-duration storage of intermittent renewable
electricity.
``(B) Project requirements.--To be eligible for
financial assistance under subparagraph (A), a project
shall--
``(i) be designed to provide not less than
1,000 megawatts of storage capacity;
``(ii) be able to provide energy and
capacity for use in more than 1 organized
electricity market;
``(iii) be able to store electricity
generated by intermittent renewable electricity
projects located on Tribal land; and
``(iv) have received a preliminary permit
from the Federal Energy Regulatory Commission.
``(C) Matching requirement.--An eligible entity
receiving financial assistance under subparagraph (A)
shall provide matching funds equal to or greater than
the amount of financial assistance provided under that
subparagraph.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $2,000,000 for
each of fiscal years 2022 through 2026.''.
SEC. 3305. AUTHORITY FOR PUMPED STORAGE HYDROPOWER DEVELOPMENT USING
MULTIPLE BUREAU OF RECLAMATION RESERVOIRS.
Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C.
485h(c)) is amended--
(1) in paragraph (1), in the fourth sentence, by striking
``, including small conduit hydropower development'' and
inserting ``and reserve to the Secretary the exclusive
authority to develop small conduit hydropower using Bureau of
Reclamation facilities and pumped storage hydropower
exclusively using Bureau of Reclamation reservoirs''; and
(2) in paragraph (8), by striking ``has been filed with the
Federal Energy Regulatory Commission as of the date of the
enactment of the Bureau of Reclamation Small Conduit Hydropower
Development and Rural Jobs Act'' and inserting ``was filed with
the Federal Energy Regulatory Commission before August 9, 2013,
and is still pending''.
SEC. 3306. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF POWER
PRIVILEGE.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Director.--The term ``Director'' means the Director of
the Office of Hearings and Appeals.
(3) Office of hearings and appeals.--The term ``Office of
Hearings and Appeals'' means the Office of Hearings and Appeals
of the Department of the Interior.
(4) Party.--The term ``party'', with respect to a study
plan agreement, means each of the following parties to the
study plan agreement:
(A) The proposed lessee.
(B) The Tribes.
(5) Project.--The term ``project'' means a proposed pumped
storage facility that--
(A) would use multiple Bureau of Reclamation
reservoirs; and
(B) as of June 1, 2017, was subject to a
preliminary permit issued by the Commission pursuant to
section 4(f) of the Federal Power Act (16 U.S.C.
797(f)).
(6) Proposed lessee.--The term ``proposed lessee'' means
the proposed lessee of a project.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Study plan.--The term ``study plan'' means the plan
described in subsection (d)(1).
(9) Study plan agreement.--The term ``study plan
agreement'' means an agreement entered into under subsection
(b)(1) and described in subsection (c).
(10) Tribes.--The term ``Tribes'' means--
(A) the Confederated Tribes of the Colville
Reservation; and
(B) the Spokane Tribe of Indians of the Spokane
Reservation.
(b) Requirement for Issuance of Leases of Power Privilege.--The
Secretary shall not issue a lease of power privilege pursuant to
section 9(c)(1) of the Reclamation Project Act of 1939 (43 U.S.C.
485h(c)(1)) (as amended by section 3305) for a project unless--
(1) the proposed lessee and the Tribes have entered into a
study plan agreement; or
(2) the Secretary or the Director, as applicable, makes a
final determination for--
(A) a study plan agreement under subsection (c)(2);
or
(B) a study plan under subsection (d).
(c) Study Plan Agreement Requirements.--
(1) In general.--A study plan agreement shall--
(A) establish the deadlines for the proposed lessee
to formally respond in writing to comments and study
requests about the project previously submitted to the
Commission;
(B) allow for the parties to submit additional
comments and study requests if any aspect of the
project, as proposed, differs from an aspect of the
project, as described in a preapplication document
provided to the Commission;
(C) except as expressly agreed to by the parties or
as provided in paragraph (2) or subsection (d), require
that the proposed lessee conduct each study described
in--
(i) a study request about the project
previously submitted to the Commission; or
(ii) any additional study request submitted
in accordance with the study plan agreement;
(D) require that the proposed lessee study any
potential adverse economic effects of the project on
the Tribes, including effects on--
(i) annual payments to the Confederated
Tribes of the Colville Reservation under
section 5(b) of the Confederated Tribes of the
Colville Reservation Grand Coulee Dam
Settlement Act (Public Law 103-436; 108 Stat.
4579); and
(ii) annual payments to the Spokane Tribe
of Indians of the Spokane Reservation
authorized after the date of enactment of this
Act, the amount of which derives from the
annual payments described in clause (i);
(E) establish a protocol for communication and
consultation between the parties;
(F) provide mechanisms for resolving disputes
between the parties regarding implementation and
enforcement of the study plan agreement; and
(G) contain other provisions determined to be
appropriate by the parties.
(2) Disputes.--
(A) In general.--If the parties cannot agree to the
terms of a study plan agreement or implementation of
those terms, the parties shall submit to the Director,
for final determination on the terms or implementation
of the study plan agreement, notice of the dispute,
consistent with paragraph (1)(F), to the extent the
parties have agreed to a study plan agreement.
(B) Inclusion.--A dispute covered by subparagraph
(A) may include the view of a proposed lessee that an
additional study request submitted in accordance with
paragraph (1)(B) is not reasonably calculated to assist
the Secretary in evaluating the potential impacts of
the project.
(C) Timing.--The Director shall issue a
determination regarding a dispute under subparagraph
(A) not later than 120 days after the date on which the
Director receives notice of the dispute under that
subparagraph.
(d) Study Plan.--
(1) In general.--The proposed lessee shall submit to the
Secretary for approval a study plan that details the proposed
methodology for performing each of the studies--
(A) identified in the study plan agreement of the
proposed lessee; or
(B) determined by the Director in a final
determination regarding a dispute under subsection
(c)(2).
(2) Initial determination.--Not later than 60 days after
the date on which the Secretary receives the study plan under
paragraph (1), the Secretary shall make an initial
determination that--
(A) approves the study plan;
(B) rejects the study plan on the grounds that the
study plan--
(i) lacks sufficient detail on a proposed
methodology for a study identified in the study
plan agreement; or
(ii) is inconsistent with the study plan
agreement; or
(C) imposes additional study plan requirements that
the Secretary determines are necessary to adequately
define the potential effects of the project on--
(i) the exercise of the paramount hunting,
fishing, and boating rights of the Tribes
reserved pursuant to the Act of June 29, 1940
(54 Stat. 703, chapter 460; 16 U.S.C. 835d et
seq.);
(ii) the annual payments described in
clauses (i) and (ii) of subsection (c)(1)(D);
(iii) the Columbia Basin project (as
defined in section 1 of the Act of May 27, 1937
(50 Stat. 208, chapter 269; 57 Stat. 14,
chapter 14; 16 U.S.C. 835));
(iv) historic properties and cultural or
spiritually significant resources; and
(v) the environment.
(3) Objections.--
(A) In general.--Not later than 30 days after the
date on which the Secretary makes an initial
determination under paragraph (2), the Tribes or the
proposed lessee may submit to the Director an objection
to the initial determination.
(B) Final determination.--Not later than 120 days
after the date on which the Director receives an
objection under subparagraph (A), the Director shall--
(i) hold a hearing on the record regarding
the objection; and
(ii) make a final determination that
establishes the study plan, including a
description of studies the proposed lessee is
required to perform.
(4) No objections.--If no objections are submitted by the
deadline described in paragraph (3)(A), the initial
determination of the Secretary under paragraph (2) shall be
final.
(e) Conditions of Lease.--
(1) Consistency with rights of tribes; protection,
mitigation, and enhancement of fish and wildlife.--
(A) In general.--Any lease of power privilege
issued by the Secretary for a project under subsection
(b) shall contain conditions--
(i) to ensure that the project is
consistent with, and will not interfere with,
the exercise of the paramount hunting, fishing,
and boating rights of the Tribes reserved
pursuant to the Act of June 29, 1940 (54 Stat.
703, chapter 460; 16 U.S.C. 835d et seq.); and
(ii) to adequately and equitably protect,
mitigate damages to, and enhance fish and
wildlife, including related spawning grounds
and habitat, affected by the development,
operation, and management of the project.
(B) Recommendations of the tribes.--The conditions
required under subparagraph (A) shall be based on joint
recommendations of the Tribes.
(C) Resolving inconsistencies.--
(i) In general.--If the Secretary
determines that any recommendation of the
Tribes under subparagraph (B) is not reasonably
calculated to ensure the project is consistent
with subparagraph (A) or is inconsistent with
the requirements of the Reclamation Project Act
of 1939 (43 U.S.C. 485 et seq.), the Secretary
shall attempt to resolve any such inconsistency
with the Tribes, giving due weight to the
recommendations and expertise of the Tribes.
(ii) Publication of findings.--If, after an
attempt to resolve an inconsistency under
clause (i), the Secretary does not adopt in
whole or in part a recommendation of the Tribes
under subparagraph (B), the Secretary shall
issue each of the following findings, including
a statement of the basis for each of the
findings:
(I) A finding that adoption of the
recommendation is inconsistent with the
requirements of the Reclamation Project
Act of 1939 (43 U.S.C. 485 et seq.).
(II) A finding that the conditions
selected by the Secretary to be
contained in the lease of power
privilege under subparagraph (A) comply
with the requirements of clauses (i)
and (ii) of that subparagraph.
(2) Annual charges payable by licensee.--
(A) In general.--Subject to subparagraph (B), any
lease of power privilege issued by the Secretary for a
project under subsection (b) shall contain conditions
that require the lessee of the project to make direct
payments to the Tribes through reasonable annual
charges in an amount that recompenses the Tribes for
any adverse economic effect of the project identified
in a study performed pursuant to the study plan
agreement for the project.
(B) Agreement.--
(i) In general.--The amount of the annual
charges described in subparagraph (A) shall be
established through agreement between the
proposed lessee and the Tribes.
(ii) Condition.--The agreement under clause
(i), including any modification of the
agreement, shall be deemed to be a condition to
the lease of power privilege issued by the
Secretary for a project under subsection (b).
(C) Dispute resolution.--
(i) In general.--If the proposed lessee and
the Tribes cannot agree to the terms of an
agreement under subparagraph (B)(i), the
proposed lessee and the Tribes shall submit
notice of the dispute to the Director.
(ii) Resolution.--The Director shall
resolve the dispute described in clause (i) not
later than 180 days after the date on which the
Director receives notice of the dispute under
that clause.
(3) Additional conditions.--The Secretary may include in
any lease of power privilege issued by the Secretary for a
project under subsection (b) other conditions determined
appropriate by the Secretary, on the condition that the
conditions shall be consistent with the Reclamation Project Act
of 1939 (43 U.S.C. 485 et seq.).
(4) Consultation.--In establishing conditions under this
subsection, the Secretary shall consult with the Tribes.
(f) Deadlines.--The Secretary or any officer of the Office of
Hearing and Appeals before whom a proceeding is pending under this
section may extend any deadline or enlarge any timeframe described in
this section--
(1) at the discretion of the Secretary or the officer; or
(2) on a showing of good cause by any party.
(g) Judicial Review.--Any final action of the Secretary or the
Director made pursuant to this section shall be subject to judicial
review in accordance with chapter 7 of title 5, United States Code.
(h) Effect on Other Projects.--Nothing in this section establishes
any precedent or is binding on any Bureau of Reclamation lease of power
privilege, other than for a project.
Subtitle E--Miscellaneous
SEC. 3401. SOLAR ENERGY TECHNOLOGIES ON CURRENT AND FORMER MINE LAND.
Section 3004 of the Energy Act of 2020 (42 U.S.C. 16238) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (6) through (15) as
paragraphs (7) through (16), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) Mine land.--The term `mine land' means--
``(A) land subject to titles IV and V of the
Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1231 et seq.; 30 U.S.C. 1251 et seq.); and
``(B) land that has been claimed or patented
subject to sections 2319 through 2344 of the Revised
Statutes (commonly known as the `Mining Law of 1872')
(30 U.S.C. 22 et seq.).''; and
(2) in subsection (b)(6)(B)--
(A) in the matter preceding clause (i), by
inserting ``, in consultation with the Secretary of the
Interior and the Administrator of the Environmental
Protection Agency for purposes of clause (iv),'' after
``the Secretary'';
(B) in clause (iii), by striking ``and'' after the
semicolon;
(C) by redesignating clause (iv) as clause (v); and
(D) by inserting after clause (iii) the following:
``(iv) a description of the technical and
economic viability of siting solar energy
technologies on current and former mine land,
including necessary interconnection and
transmission siting and the impact on local job
creation; and''.
SEC. 3402. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER
MINE LAND.
(a) Definitions.--In this section:
(1) Clean energy project.--The term ``clean energy
project'' means a project that demonstrates 1 or more of the
following technologies:
(A) Solar.
(B) Micro-grids.
(C) Geothermal.
(D) Direct air capture.
(E) Fossil-fueled electricity generation with
carbon capture, utilization, and sequestration.
(F) Energy storage, including pumped storage
hydropower and compressed air storage.
(G) Advanced nuclear technologies.
(2) Economically distressed area.--The term ``economically
distressed area'' means an area described in section 301(a) of
the Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)).
(3) Mine land.--The term ``mine land'' means--
(A) land subject to titles IV and V of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231 et seq.; 30 U.S.C. 1251 et seq.); and
(B) land that has been claimed or patented subject
to sections 2319 through 2344 of the Revised Statutes
(commonly known as the ``Mining Law of 1872'') (30
U.S.C. 22 et seq.).
(4) Program.--The term ``program'' means the demonstration
program established under subsection (b).
(b) Establishment.--The Secretary shall establish a program to
demonstrate the technical and economic viability of carrying out clean
energy projects on current and former mine land.
(c) Selection of Demonstration Projects.--
(1) In general.--In carrying out the program, the Secretary
shall select not more than 5 clean energy projects, to be
carried out in geographically diverse regions, at least 2 of
which shall be solar projects.
(2) Eligibility.--To be eligible to be selected for
participation in the program under paragraph (1), a clean
energy project shall demonstrate, as determined by the
Secretary, a technology on a current or former mine land site
with a reasonable expectation of commercial viability.
(3) Priority.--In selecting clean energy projects for
participation in the program under paragraph (1), the Secretary
shall prioritize clean energy projects that will--
(A) be carried out in a location where the greatest
number of jobs can be created from the successful
demonstration of the clean energy project;
(B) provide the greatest net impact in avoiding or
reducing greenhouse gas emissions;
(C) provide the greatest domestic job creation
(both directly and indirectly) during the
implementation of the clean energy project;
(D) provide the greatest job creation and economic
development in the vicinity of the clean energy
project, particularly--
(i) in economically distressed areas; and
(ii) with respect to dislocated workers who
were previously employed in manufacturing, coal
power plants, or coal mining;
(E) have the greatest potential for technological
innovation and commercial deployment;
(F) have the lowest levelized cost of generated or
stored energy;
(G) have the lowest rate of greenhouse gas
emissions per unit of electricity generated or stored;
and
(H) have the shortest project time from permitting
to completion.
(4) Project selection.--The Secretary shall solicit
proposals for clean energy projects and select clean energy
project finalists in consultation with the Secretary of the
Interior, the Administrator of the Environmental Protection
Agency, and the Secretary of Labor.
(5) Compatibility with existing operations.--Prior to
selecting a clean energy project for participation in the
program under paragraph (1), the Secretary shall consult with,
as applicable, mining claimholders or operators or the relevant
Office of Surface Mining Reclamation and Enforcement Abandoned
Mine Land program office to confirm--
(A) that the proposed project is compatible with
any current mining, exploration, or reclamation
activities; and
(B) the valid existing rights of any mining
claimholders or operators.
(d) Consultation.--The Secretary shall consult with the Director of
the Office of Surface Mining Reclamation and Enforcement and the
Administrator of the Environmental Protection Agency, acting through
the Office of Brownfields and Land Revitalization, to determine whether
it is necessary to promulgate regulations or issue guidance in order to
prioritize and expedite the siting of clean energy projects on current
and former mine land sites.
(e) Technical Assistance.--The Secretary shall provide technical
assistance to project applicants selected for participation in the
program under subsection (c) to assess the needed interconnection,
transmission, and other grid components and permitting and siting
necessary to interconnect, on current and former mine land where the
project will be sited, any generation or storage with the electric
grid.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000,000
for the period of fiscal years 2022 through 2026.
SEC. 3403. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR ENERGY AND RELATED
PURPOSES ON THE OUTER CONTINENTAL SHELF.
Section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(p)(1)(C)) is amended by inserting ``storage,'' before ``or
transmission''.
TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION
Subtitle A--Department of Energy Loan Program
SEC. 4001. DEPARTMENT OF ENERGY LOAN PROGRAMS.
(a) Title XVII Innovative Energy Loan Guarantee Program.--
(1) Reasonable prospect of repayment.--Section 1702(d)(1)
of the Energy Policy Act of 2005 (42 U.S.C. 16512(d)(1)) is
amended--
(A) by striking the paragraph designation and
heading and all that follows through ``No guarantee''
and inserting the following:
``(1) Requirement.--
``(A) In general.--No guarantee''; and
(B) by adding at the end the following:
``(B) Reasonable prospect of repayment.--The
Secretary shall base a determination of whether there
is reasonable prospect of repayment under subparagraph
(A) on a comprehensive evaluation of whether the
borrower has a reasonable prospect of repaying the
guaranteed obligation for the eligible project,
including, as applicable, an evaluation of--
``(i) the strength of the contractual terms
of the eligible project (if commercially
reasonably available);
``(ii) the forecast of noncontractual cash
flows supported by market projections from
reputable sources, as determined by the
Secretary;
``(iii) cash sweeps and other structure
enhancements;
``(iv) the projected financial strength of
the borrower--
``(I) at the time of loan close;
and
``(II) throughout the loan term
after the project is completed;
``(v) the financial strength of the
investors and strategic partners of the
borrower, if applicable; and
``(vi) other financial metrics and analyses
that are relied on by the private lending
community and nationally recognized credit
rating agencies, as determined appropriate by
the Secretary.''.
(2) Loan guarantees for projects that increase the
domestically produced supply of critical minerals.--
(A) In general.--Section 1703(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by
adding at the end the following:
``(13) Projects that increase the domestically produced
supply of critical minerals (as defined in section 7002(a) of
the Energy Act of 2020 (30 U.S.C. 1606(a)), including through
the production, processing, manufacturing, recycling, or
fabrication of mineral alternatives.''.
(B) Prohibition on use of previously appropriated
funds.--Amounts appropriated to the Department of
Energy before the date of enactment of this Act shall
not be made available for the cost of loan guarantees
made under paragraph (13) of section 1703(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16513(b)).
(C) Prohibition on use of previously available
commitment authority.--Amounts made available to the
Department of Energy for commitments to guarantee loans
under section 1703 of the Energy Policy Act of 2005 (42
U.S.C. 16513) before the date of enactment of this Act
shall not be made available for commitments to
guarantee loans for projects described in paragraph
(13) of section 1703(b) of the Energy Policy Act of
2005 (42 U.S.C. 16513(b)).
(3) Conflicts of interest.--Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at
the end the following:
``(r) Conflicts of Interest.--For each project selected for a
guarantee under this title, the Secretary shall certify that political
influence did not impact the selection of the project.''.
(b) Advanced Technology Vehicle Manufacturing.--
(1) Eligibility.--Section 136(a)(1) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013(a)(1))
is amended--
(A) in subparagraph (C), by striking the period at
the end and inserting a semicolon;
(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
indenting appropriately;
(C) in the matter preceding clause (i) (as so
redesignated), by striking ``means an ultra'' and
inserting the following: ``means--
``(A) an ultra''; and
(D) by adding at the end the following:
``(B) a medium duty vehicle or a heavy duty vehicle
that exceeds 125 percent of the greenhouse gas
emissions and fuel efficiency standards established by
the final rule of the Environmental Protection Agency
entitled `Greenhouse Gas Emissions and Fuel Efficiency
Standards for Medium- and Heavy-Duty Engines and
Vehicles--Phase 2' (81 Fed. Reg. 73478 (October 25,
2016));
``(C) a train or locomotive;
``(D) a maritime vessel;
``(E) an aircraft; and
``(F) hyperloop technology.''.
(2) Reasonable prospect of repayment.--Section 136(d) of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17013(d)) is amended--
(A) by striking paragraph (3) and inserting the
following:
``(3) Selection of eligible projects.--
``(A) In general.--The Secretary shall select
eligible projects to receive loans under this
subsection if the Secretary determines that--
``(i) the loan recipient--
``(I) has a reasonable prospect of
repaying the principal and interest on
the loan;
``(II) will provide sufficient
information to the Secretary for the
Secretary to ensure that the qualified
investment is expended efficiently and
effectively; and
``(III) has met such other criteria
as may be established and published by
the Secretary; and
``(ii) the amount of the loan (when
combined with amounts available to the loan
recipient from other sources) will be
sufficient to carry out the project.
``(B) Reasonable prospect of repayment.--The
Secretary shall base a determination of whether there
is a reasonable prospect of repayment of the principal
and interest on a loan under subparagraph (A)(i)(I) on
a comprehensive evaluation of whether the loan
recipient has a reasonable prospect of repaying the
principal and interest, including, as applicable, an
evaluation of--
``(i) the strength of the contractual terms
of the eligible project (if commercially
reasonably available);
``(ii) the forecast of noncontractual cash
flows supported by market projections from
reputable sources, as determined by the
Secretary;
``(iii) cash sweeps and other structure
enhancements;
``(iv) the projected financial strength of
the loan recipient--
``(I) at the time of loan close;
and
``(II) throughout the loan term
after the project is completed;
``(v) the financial strength of the
investors and strategic partners of the loan
recipient, if applicable; and
``(vi) other financial metrics and analyses
that are relied on by the private lending
community and nationally recognized credit
rating agencies, as determined appropriate by
the Secretary.''; and
(B) in paragraph (4)--
(i) in subparagraph (C), by striking
``and'' after the semicolon;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) shall be subject to the condition that the
loan is not subordinate to other financing.''.
(3) Additional reforms.--Section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013) is
amended--
(A) in subsection (b) by striking ``ultra efficient
vehicle manufacturers, and component suppliers'' and
inserting ``ultra efficient vehicle manufacturers,
advanced technology vehicle manufacturers, and
component suppliers'';
(B) in subsection (h)--
(i) in the subsection heading, by striking
``Automobile'' and inserting ``Advanced
Technology Vehicle''; and
(ii) in paragraph (1)(B), by striking
``automobiles, or components of automobiles''
and inserting ``advanced technology vehicles,
or components of advanced technology
vehicles'';
(C) by striking subsection (i);
(D) by redesignating subsection (j) as subsection
(i); and
(E) by adding at the end the following:
``(j) Coordination.--In carrying out this section, the Secretary
shall coordinate with relevant vehicle, bioenergy, and hydrogen and
fuel cell demonstration project activities supported by the Department.
``(k) Outreach.--In carrying out this section, the Secretary
shall--
``(1) provide assistance with the completion of
applications for awards or loans under this section; and
``(2) conduct outreach, including through conferences and
online programs, to disseminate information on awards and loans
under this section to potential applicants.
``(l) Prohibition on Use of Appropriated Funds.--Amounts
appropriated to the Secretary before the date of enactment of this
subsection shall not be available to the Secretary to provide awards
under subsection (b) or loans under subsection (d) for the costs of
activities that were not eligible for those awards or loans on the day
before that date.
``(m) Report.--Not later than 2 years after the date of enactment
of this subsection, and every 3 years thereafter, the Secretary shall
submit to Congress a report on the status of projects supported by a
loan under this section, including--
``(1) a list of projects receiving a loan under this
section, including the loan amount and construction status of
each project;
``(2) the status of the loan repayment for each project,
including future repayment projections;
``(3) data regarding the number of direct and indirect jobs
retained, restored, or created by financed projects;
``(4) the number of new projects projected to receive a
loan under this section in the next 2 years, including the
projected aggregate loan amount over the next 2 years;
``(5) evaluation of ongoing compliance with the assurances
and commitments, and of the predictions, made by applicants
pursuant to paragraphs (2) and (3) of subsection (d);
``(6) the total number of applications received by the
Department each year; and
``(7) any other metrics the Secretary determines
appropriate.''.
(4) Conflicts of interest.--Section 136(d) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013(d)) is
amended by adding at the end the following:
``(5) Conflicts of interest.--For each eligible project
selected to receive a loan under this subsection, the Secretary
shall certify that political influence did not impact the
selection of the eligible project.''.
(c) State Loan Eligibility.--
(1) Definitions.--Section 1701 of the Energy Policy Act of
2005 (42 U.S.C. 16511) is amended by adding at the end the
following:
``(6) State.--The term `State' has the meaning given the
term in section 202 of the Energy Conservation and Production
Act (42 U.S.C. 6802).
``(7) State energy financing institution.--
``(A) In general.--The term `State energy financing
institution' means a quasi-independent entity or an
entity within a State agency or financing authority
established by a State--
``(i) to provide financing support or
credit enhancements, including loan guarantees
and loan loss reserves, for eligible projects;
and
``(ii) to create liquid markets for
eligible projects, including warehousing and
securitization, or take other steps to reduce
financial barriers to the deployment of
existing and new eligible projects.
``(B) Inclusion.--The term `State energy financing
institution' includes an entity or organization
established to achieve the purposes described in
clauses (i) and (ii) of subparagraph (A) by an Indian
Tribal entity or an Alaska Native Corporation.''.
(2) Terms and conditions.--Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) is amended--
(A) in subsection (a), by inserting ``, including
projects receiving financial support or credit
enhancements from a State energy financing
institution,'' after ``for projects'';
(B) in subsection (d)(1), by inserting ``,
including a guarantee for a project receiving financial
support or credit enhancements from a State energy
financing institution,'' after ``No guarantee''; and
(C) by adding at the end the following:
``(r) State Energy Financing Institutions.--
``(1) Eligibility.--To be eligible for a guarantee under
this title, a project receiving financial support or credit
enhancements from a State energy financing institution--
``(A) shall meet the requirements of section
1703(a)(1); and
``(B) shall not be required to meet the
requirements of section 1703(a)(2).
``(2) Partnerships authorized.--In carrying out a project
receiving a loan guarantee under this title, State energy
financing institutions may enter into partnerships with private
entities, Tribal entities, and Alaska Native corporations.
``(3) Prohibition on use of appropriated funds.--Amounts
appropriated to the Department of Energy before the date of
enactment of this subsection shall not be available to be used
for the cost of loan guarantees for projects receiving
financing support or credit enhancements under this
subsection.''.
(d) Loan Guarantees for Certain Alaska Natural Gas Transportation
Projects and Systems.--Section 116 of the Alaska Natural Gas Pipeline
Act (15 U.S.C. 720n) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``to West Coast
States''; and
(B) in paragraph (3), in the second sentence, by
striking ``to the continental United States'';
(2) in subsection (b)(1), in the first sentence, by
striking ``to West Coast States''; and
(3) in subsection (g)(4)--
(A) by inserting by striking ``plants liquification
plants and'' and inserting ``plants, liquification
plants, and'';
(B) by striking ``to the West Coast''; and
(C) by striking ``to the continental United
States''.
Subtitle B--Energy Information Administration
SEC. 4101. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(2) Annual critical minerals outlook.--The term ``Annual
Critical Minerals Outlook'' means the Annual Critical Minerals
Outlook prepared under section 7002(j)(1)(B) of the Energy Act
of 2020 (30 U.S.C. 1606(j)(1)(B)).
(3) Critical mineral.--The term ``critical mineral'' has
the meaning given the term in section 7002(a) of the Energy Act
of 2020 (30 U.S.C. 1606(a)).
(4) Household energy burden.--The term ``household energy
burden'' means the quotient obtained by dividing--
(A) the residential energy expenditures (as defined
in section 440.3 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of
this Act)) of the applicable household; by
(B) the annual income of that household.
(5) Household with a high energy burden.--The term
``household with a high energy burden'' has the meaning given
the term in section 440.3 of title 10, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(6) Large manufacturing facility.--The term ``large
manufacturing facility'' means a manufacturing facility that--
(A) annually consumes more than 35,000 megawatt-
hours of electricity; or
(B) has a peak power demand of more than 10
megawatts.
(7) Load-serving entity.--The term ``load-serving entity''
has the meaning given the term in section 217(a) of the Federal
Power Act (16 U.S.C. 824q(a)).
(8) Miscellaneous electric load.--The term ``miscellaneous
electric load'' means electricity that--
(A) is used by an appliance or device--
(i) within a building; or
(ii) to serve a building; and
(B) is not used for heating, ventilation, air
conditioning, lighting, water heating, or
refrigeration.
(9) Regional transmission organization.--The term
``Regional Transmission Organization'' has the meaning given
the term in section 3 of the Federal Power Act (16 U.S.C. 796).
(10) Rural area.--The term ``rural area'' has the meaning
given the term in section 609(a) of the Public Utility
Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)).
SEC. 4102. DATA COLLECTION IN THE ELECTRICITY SECTOR.
(a) Dashboard.--
(1) Establishment.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall
establish an online database to track the operation of
the bulk power system in the contiguous 48 States
(referred to in this section as the ``Dashboard'').
(B) Improvement of existing dashboard.--The
Dashboard may be established through the improvement,
in accordance with this subsection, of an existing
dashboard of the Energy Information Administration,
such as--
(i) the U.S. Electric System Operating Data
dashboard; or
(ii) the Hourly Electric Grid Monitor.
(2) Expansion.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
expand the Dashboard to include, to the maximum extent
practicable, hourly operating data collected from the
electricity balancing authorities that operate the bulk
power system in all of the several States, each
territory of the United States, and the District of
Columbia.
(B) Types of data.--The hourly operating data
collected under subparagraph (A) may include data
relating to--
(i) total electricity demand;
(ii) electricity demand by subregion;
(iii) short-term electricity demand
forecasts;
(iv) total electricity generation;
(v) net electricity generation by fuel
type, including renewables;
(vi) electricity stored and discharged;
(vii) total net electricity interchange;
(viii) electricity interchange with
directly interconnected balancing authorities;
and
(ix) where available, the estimated
marginal greenhouse gas emissions per megawatt
hour of electricity generated--
(I) within the metered boundaries
of each balancing authority; and
(II) for each pricing node.
(b) Mix of Energy Sources.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish, in
accordance with section 4109 and this subsection and to the
extent the Administrator determines to be appropriate, a system
to harmonize the operating data on electricity generation
collected under subsection (a) with--
(A) measurements of greenhouse gas and other
pollutant emissions collected by the Environmental
Protection Agency;
(B) other data collected by the Environmental
Protection Agency or other relevant Federal agencies,
as the Administrator determines to be appropriate; and
(C) data collected by State or regional energy
credit registries.
(2) Outcomes.--The system established under paragraph (1)
shall result in an integrated dataset that includes, for any
given time--
(A) the net generation of electricity by megawatt
hour within the metered boundaries of each balancing
authority; and
(B) where available, the average and marginal
greenhouse gas emissions by megawatt hour of
electricity generated within the metered boundaries of
each balancing authority.
(3) Real-time data dissemination.--To the maximum extent
practicable, the system established under paragraph (1) shall
disseminate data--
(A) on a real-time basis; and
(B) through an application programming interface
that is publicly accessible.
(4) Complementary efforts.--The system established under
paragraph (1) shall complement any existing data dissemination
efforts of the Administrator that make use of electricity
generation data, such as electricity demand by subregion and
electricity interchange with directly interconnected balancing
authorities.
(c) Observed Characteristics of Bulk Power System Resource
Integration.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
system to provide to the public timely data on the integration
of energy resources into the bulk power system and the electric
distribution grids in the United States, and the observed
effects of that integration.
(2) Requirements.--In carrying out paragraph (1), the
Administrator shall seek to improve the temporal and spatial
resolution of data relating to how grid operations are
changing, such as through--
(A) thermal generator cycling to accommodate
intermittent generation;
(B) generation unit self-scheduling practices;
(C) renewable source curtailment;
(D) utility-scale storage;
(E) load response;
(F) aggregations of distributed energy resources at
the distribution system level;
(G) power interchange between directly connected
balancing authorities;
(H) expanding Regional Transmission Organization
balancing authorities;
(I) improvements in real-time--
(i) accuracy of locational marginal prices;
and
(ii) signals to flexible demand; and
(J) disruptions to grid operations, including
disruptions caused by cyber sources, physical sources,
extreme weather events, or other sources.
(d) Distribution System Operations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
system to provide to the public timely data on the operations
of load-serving entities in the electricity grids of the United
States.
(2) Requirements.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall--
(i) not less frequently than annually,
provide data on--
(I) the delivered generation
resource mix for each load-serving
entity; and
(II) the distributed energy
resources operating within each service
area of a load-serving entity;
(ii) harmonize the data on delivered
generation resource mix described in clause
(i)(I) with measurements of greenhouse gas
emissions collected by the Environmental
Protection Agency;
(iii) to the maximum extent practicable,
disseminate the data described in clause (i)(I)
and the harmonized data described in clause
(ii) on a real-time basis; and
(iv) provide historical data, beginning
with the earliest calendar year practicable,
but not later than calendar year 2020, on the
delivered generation resource mix described in
clause (i)(I).
(B) Data on the delivered generation resource
mix.--In collecting the data described in subparagraph
(A)(i)(I), the Administrator shall--
(i) use existing voluntary industry
methodologies, including reporting protocols,
databases, and emissions and energy use
tracking software that provide consistent,
timely, and accessible carbon emissions
intensity rates for delivered electricity;
(ii) consider that generation and
transmission entities may provide data on
behalf of load-serving entities;
(iii) to the extent that the Administrator
determines necessary, and in a manner designed
to protect confidential information, require
each load-serving entity to submit additional
information as needed to determine the
delivered generation resource mix of the load-
serving entity, including financial or
contractual agreements for power and generation
resource type attributes with respect to power
owned by or retired by the load-serving entity;
and
(iv) for any portion of the generation
resource mix of a load-serving entity that is
otherwise unaccounted for, develop a
methodology to assign to the load-serving
entity a share of the otherwise unaccounted for
resource mix of the relevant balancing
authority.
SEC. 4103. EXPANSION OF ENERGY CONSUMPTION SURVEYS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator shall implement measures to expand the
Manufacturing Energy Consumption Survey, the Commercial Building Energy
Consumption Survey, and the Residential Energy Consumption Survey to
include data on energy end use in order to facilitate the
identification of--
(1) opportunities to improve energy efficiency and energy
productivity;
(2) changing patterns of energy use; and
(3) opportunities to better understand and manage
miscellaneous electric loads.
(b) Requirements.--
(1) In general.--In carrying out subsection (a), the
Administrator shall--
(A) increase the scope and frequency of data
collection on energy end uses and services;
(B) use new data collection methods and tools in
order to obtain more comprehensive data and reduce the
burden on survey respondents, including by--
(i) accessing other existing data sources;
and
(ii) if feasible, developing online and
real-time reporting systems;
(C) identify and report community-level economic
and environmental impacts, including with respect to--
(i) the reliability and security of the
energy supply; and
(ii) local areas with households with a
high energy burden; and
(D) improve the presentation of data, including
by--
(i) enabling the presentation of data in an
interactive cartographic format on a national,
regional, State, and local level with the
functionality of viewing various economic,
energy, and demographic measures on an
individual basis or in combination; and
(ii) incorporating the results of the data
collection, methods, and tools described in
subparagraphs (A) and (B) into existing and new
digital distribution methods.
(2) Manufacturing energy consumption survey.--With respect
to the Manufacturing Energy Consumption Survey, the
Administrator shall--
(A) implement measures to provide more detailed
representations of data by region;
(B) for large manufacturing facilities, break out
process heat use by required process temperatures in
order to facilitate the identification of opportunities
for cost reductions and energy efficiency or energy
productivity improvements;
(C) collect information on--
(i) energy source-switching capabilities,
especially with respect to thermal processes
and the efficiency of thermal processes;
(ii) the use of electricity, biofuels,
hydrogen, or other alternative fuels to produce
process heat; and
(iii) the use of demand response; and
(D) identify current and potential future
industrial clusters in which multiple firms and
facilities in a defined geographic area share the costs
and benefits of infrastructure for clean manufacturing,
such as--
(i) hydrogen generation, production,
transport, use, and storage infrastructure; and
(ii) carbon dioxide capture, transport,
use, and storage infrastructure.
(3) Residential energy consumption survey.--With respect to
the Residential Energy Consumption Survey, the Administrator
shall--
(A) implement measures to provide more detailed
representations of data by--
(i) geographic area, including by State
(for each State);
(ii) building type, including multi-family
buildings;
(iii) household income;
(iv) location in a rural area; and
(v) other demographic characteristics, as
determined by the Administrator; and
(B) report measures of--
(i) household electrical service capacity;
(ii) access to utility demand-side
management programs and bill credits;
(iii) characteristics of the energy mix
used to generate electricity in different
regions; and
(iv) the household energy burden for
households--
(I) in different geographic areas;
(II) by electricity, heating, and
other end-uses; and
(III) with different demographic
characteristics that correlate with
increased household energy burden,
including--
(aa) having a low household
income;
(bb) being a minority
household;
(cc) residing in
manufactured or multifamily
housing;
(dd) being in a fixed or
retirement income household;
(ee) residing in rental
housing; and
(ff) other factors, as
determined by the
Administrator.
SEC. 4104. DATA COLLECTION ON ELECTRIC VEHICLE INTEGRATION WITH THE
ELECTRICITY GRIDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall develop and implement measures to
expand data collection with respect to electric vehicle integration
with the electricity grids.
(b) Sources of Data.--The sources of the data collected pursuant to
subsection (a) may include--
(1) host-owned or charging-network-owned electric vehicle
charging stations;
(2) aggregators of charging-network electricity demand;
(3) electric utilities offering managed-charging programs;
(4) individual, corporate, or public owners of electric
vehicles; and
(5) balancing authority analyses of--
(A) transformer loading congestion; and
(B) distribution-system congestion.
(c) Consultation and Coordination.--In carrying out subsection (a),
the Administrator may consult and enter into agreements with other
institutions having relevant data and data collection capabilities,
such as--
(1) the Secretary of Transportation;
(2) the Secretary;
(3) the Administrator of the Environmental Protection
Agency;
(4) States or State agencies; and
(5) private entities.
SEC. 4105. PLAN FOR THE MODELING AND FORECASTING OF DEMAND FOR MINERALS
USED IN THE ENERGY SECTOR.
(a) Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in coordination with
the Director of the United States Geological Survey, shall
develop a plan for the modeling and forecasting of demand for
energy technologies, including for energy production,
transmission, or storage purposes, that use minerals that are
or could be designated as critical minerals.
(2) Inclusions.--The plan developed under paragraph (1)
shall identify--
(A) the type and quantity of minerals consumed,
delineated by energy technology;
(B) existing markets for manufactured energy-
producing, energy-transmission, and energy-storing
equipment; and
(C) emerging or potential markets for new energy-
producing, energy-transmission, and energy-storing
technologies entering commercialization.
(b) Metrics.--The plan developed under subsection (a)(1) shall
produce forecasts of energy technology demand--
(1) over the 1-year, 5-year, and 10-year periods beginning
on the date on which development of the plan is completed;
(2) by economic sector; and
(3) according to any other parameters that the
Administrator, in collaboration with the Secretary of the
Interior, acting through the Director of the United States
Geological Survey, determines are needed for the Annual
Critical Minerals Outlook.
(c) Collaboration.--The Administrator shall develop the plan under
subsection (a)(1) in consultation with--
(1) the Secretary with respect to the possible trajectories
of emerging energy-producing and energy-storing technologies;
and
(2) the Secretary of the Interior, acting through the
Director of the United States Geological Survey--
(A) to ensure coordination;
(B) to avoid duplicative effort; and
(C) to align the analysis of demand with data and
analysis of where the minerals are produced, refined,
and subsequently processed into materials and parts
that are used to build energy technologies.
SEC. 4106. EXPANSION OF INTERNATIONAL ENERGY DATA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall implement measures to expand and
improve the international energy data resources of the Energy
Information Administration in order to understand--
(1) the production and use of energy in various countries;
(2) changing patterns of energy use internationally;
(3) the relative costs and environmental impacts of energy
production and use internationally; and
(4) plans for or construction of major energy facilities or
infrastructure.
(b) Requirements.--In carrying out subsection (a), the
Administrator shall--
(1) work with, and leverage the data resources of, the
International Energy Agency;
(2) include detail on energy consumption by fuel, economic
sector, and end use within countries for which data are
available;
(3) collect relevant measures of energy use, including--
(A) cost; and
(B) emissions intensity; and
(4) provide tools that allow for straightforward country-
to-country comparisons of energy production and consumption
across economic sectors and end uses.
SEC. 4107. PLAN FOR THE NATIONAL ENERGY MODELING SYSTEM.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall develop a plan to identify any need or
opportunity to update or further the capabilities of the National
Energy Modeling System, including with respect to--
(1) treating energy demand endogenously;
(2) increased natural gas usage and increased market
penetration of renewable energy;
(3) flexible operating modes of nuclear power plants, such
as load following and frequency control;
(4) tools to model multiple-output energy systems that
provide hydrogen, high-value heat, electricity, and chemical
synthesis services, including interactions of those energy
systems with the electricity grids, pipeline networks, and the
broader economy;
(5) demand response and improved representation of energy
storage, including long-duration storage, in capacity expansion
models;
(6) electrification, particularly with respect to the
transportation, industrial, and buildings sectors;
(7) increasing model resolution to represent all hours of
the year and all electricity generators;
(8) wholesale electricity market design and the appropriate
valuation of all services that support the reliability of
electricity grids, such as--
(A) battery storage; and
(B) synthetic inertia from grid-tied inverters;
(9) economic modeling of the role of energy efficiency,
demand response, electricity storage, and a variety of
distributed generation technologies;
(10) the production, transport, use, and storage of carbon
dioxide, hydrogen, and hydrogen carriers;
(11) greater flexibility in--
(A) the modeling of the environmental impacts of
electricity systems, such as--
(i) emissions of greenhouse gases and other
pollutants; and
(ii) the use of land and water resources;
and
(B) the ability to support climate modeling, such
as the climate modeling performed by the Office of
Biological and Environmental Research in the Office of
Science of the Department;
(12) technologies that are in an early stage of commercial
deployment and have been identified by the Secretary as
candidates for large-scale demonstration projects, such as--
(A) carbon capture, transport, use, and storage
from any source or economic sector;
(B) direct air capture;
(C) hydrogen production, including via
electrolysis;
(D) synthetic and biogenic hydrocarbon liquid and
gaseous fuels;
(E) supercritical carbon dioxide combustion
turbines;
(F) industrial fuel cell and hydrogen combustion
equipment; and
(G) industrial electric boilers;
(13) increased and improved data sources and tools,
including--
(A) the establishment of technology and cost
baselines, including technology learning rates;
(B) economic and employment impacts of energy
system policies and energy prices on households, as a
function of household income and region; and
(C) the use of behavioral economics to inform
demand modeling in all sectors; and
(14) striving to migrate toward a single, consistent, and
open-source modeling platform, and increasing open access to
model systems, data, and outcomes, for--
(A) disseminating reference scenarios that can be
transparently and broadly replicated; and
(B) promoting the development of the researcher and
analyst workforce needed to continue the development
and validation of improved energy system models in the
future.
SEC. 4108. REPORT ON COSTS OF CARBON ABATEMENT IN THE ELECTRICITY
SECTOR.
Not later than 270 days after the date of enactment of this Act,
the Administrator shall submit to Congress a report on--
(1) the potential use of levelized cost of carbon abatement
or a similar metric in analyzing generators of electricity,
including an identification of limitations and appropriate uses
of the metric;
(2) the feasibility and impact of incorporating levelized
cost of carbon abatement in long-term forecasts--
(A) to compare technical approaches and understand
real-time changes in fossil-fuel and nuclear dispatch;
(B) to compare the system-level costs of technology
options to reduce emissions; and
(C) to compare the costs of policy options,
including current policies, regarding valid and
verifiable reductions and removals of carbon; and
(3)(A) a potential process to measure carbon dioxide
emissions intensity per unit of output production for a range
of--
(i) energy sources;
(ii) sectors; and
(iii) geographic regions; and
(B) a corresponding process to provide an empirical
framework for reporting the status and costs of carbon
dioxide reduction relative to specified goals.
SEC. 4109. HARMONIZATION OF EFFORTS AND DATA.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall establish a system to harmonize, to the maximum
extent practicable and consistent with data integrity--
(1) the data collection efforts of the Administrator,
including any data collection required under this subtitle,
with the data collection efforts of--
(A) the Environmental Protection Agency, as the
Administrator determines to be appropriate;
(B) other relevant Federal agencies, as the
Administrator determines to be appropriate; and
(C) State or regional energy credit registries, as
the Administrator determines to be appropriate;
(2) the data collected under this subtitle, including the
operating data on electricity generation collected under
section 4102(a), with data collected by the entities described
in subparagraphs (A) through (C) of paragraph (1), including
any measurements of greenhouse gas and other pollutant
emissions collected by the Environmental Protection Agency, as
the Administrator determines to be appropriate; and
(3) the efforts of the Administrator to identify and report
relevant impacts, opportunities, and patterns with respect to
energy use, including the identification of community-level
economic and environmental impacts required under section
4103(b)(1)(C), with the efforts of the Environmental Protection
Agency and other relevant Federal agencies, as determined by
the Administrator, to identify similar impacts, opportunities,
and patterns.
Subtitle C--Miscellaneous
SEC. 4201. CONSIDERATION OF MEASURES TO PROMOTE GREATER ELECTRIFICATION
OF THE TRANSPORTATION SECTOR.
(a) In General.--Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section
1004(a)(1)) is amended by adding at the end the following:
``(21) Electric vehicle charging programs.--Each State
shall consider measures to promote greater electrification of
the transportation sector, including the establishment of rates
that--
``(A) promote affordable and equitable electric
vehicle charging options for residential, commercial,
and public electric vehicle charging infrastructure;
``(B) improve the customer experience associated
with electric vehicle charging, including by reducing
charging times for light-, medium-, and heavy-duty
vehicles;
``(C) accelerate third-party investment in electric
vehicle charging for light-, medium-, and heavy-duty
vehicles; and
``(D) appropriately recover the marginal costs of
delivering electricity to electric vehicles and
electric vehicle charging infrastructure.''.
(b) Compliance.--
(1) Time limitation.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended
by section 1004(a)(2)(A)) is amended by adding at the end the
following:
``(8)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority) and each nonregulated utility shall
commence consideration under section 111, or set a hearing date
for consideration, with respect to the standard established by
paragraph (21) of section 111(d).
``(B) Not later than 2 years after the date of
enactment of this paragraph, each State regulatory
authority (with respect to each electric utility for
which the State has ratemaking authority), and each
nonregulated electric utility shall complete the
consideration and make the determination under section
111 with respect to the standard established by
paragraph (21) of section 111(d).''.
(2) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) (as
amended by section 1004(a)(2)(B)(i)) is amended by adding at
the end the following: ``In the case of the standard
established by paragraph (21) of section 111(d), the reference
contained in this subsection to the date of enactment of this
Act shall be deemed to be a reference to the date of enactment
of that paragraph (21).''.
(3) Prior state actions.--
(A) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as
amended by section 1004(a)(2)(C)(i)) is amended by
adding at the end the following:
``(h) Other Prior State Actions.--Subsections (b) and (c) shall not
apply to the standard established by paragraph (21) of section 111(d)
in the case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility during the 3-year period ending on that date of
enactment.''.
(B) Cross-reference.--Section 124 of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2634) (as amended by section 1004(a)(2)(C)(ii)(II)) is
amended by adding at the end the following: ``In the
case of the standard established by paragraph (21) of
section 111(d), the reference contained in this section
to the date of enactment of this Act shall be deemed to
be a reference to the date of enactment of that
paragraph (21).''.
SEC. 4202. OFFICE OF PUBLIC PARTICIPATION.
Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by striking the third
sentence; and
(B) in subparagraph (B)--
(i) by striking the third sentence and
inserting the following: ``The Director shall
be compensated at a rate of pay not greater
than the maximum rate of pay prescribed for a
senior executive in the Senior Executive
Service under section 5382 of title 5, United
States Code.''; and
(ii) by striking the first sentence; and
(2) in subsection (b), by striking paragraph (4).
SEC. 4203. DIGITAL CLIMATE SOLUTIONS REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with appropriate Federal
agencies and relevant stakeholders, shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that assesses
using digital tools and platforms as climate solutions, including--
(1) artificial intelligence and machine learning;
(2) blockchain technologies and distributed ledgers;
(3) crowdsourcing platforms;
(4) the Internet of Things;
(5) distributed computing for the grid; and
(6) software and systems.
(b) Contents.--The report required under subsection (a) shall
include--
(1) as practicable, a full inventory and assessment of
digital climate solutions;
(2) an analysis of how the private sector can utilize the
digital tools and platforms included in the inventory under
paragraph (1) to accelerate digital climate solutions; and
(3) a summary of opportunities to enhance the
standardization of voluntary and regulatory climate disclosure
protocols, including enabling the data to be disseminated
through an application programming interface that is accessible
to the public.
SEC. 4204. STUDY AND REPORT BY THE SECRETARY OF ENERGY ON JOB LOSS AND
IMPACTS ON CONSUMER ENERGY COSTS DUE TO THE REVOCATION OF
THE PERMIT FOR THE KEYSTONE XL PIPELINE.
(a) Definition of Executive Order.--In this section, the term
``Executive Order'' means Executive Order 13990 (86 Fed. Reg. 7037;
relating to protecting public health and the environment and restoring
science to tackle the climate crisis).
(b) Study and Report.--The Secretary shall--
(1) conduct a study to estimate--
(A) the total number of jobs that were lost as a
direct or indirect result of section 6 of the Executive
Order over the 10-year period beginning on the date on
which the Executive Order was issued; and
(B) the impact on consumer energy costs that are
projected to result as a direct or indirect result of
section 6 of the Executive Order over the 10-year
period beginning on the date on which the Executive
Order was issued; and
(2) not later than 90 days after the date of enactment of
this Act, submit to Congress a report describing the findings
of the study conducted under paragraph (1).
SEC. 4205. STUDY ON IMPACT OF ELECTRIC VEHICLES.
Not later than 120 days after the date of enactment of this Act,
the Secretary shall conduct, and submit to Congress a report describing
the results of, a study on the cradle to grave environmental impact of
electric vehicles.
SEC. 4206. STUDY ON IMPACT OF FORCED LABOR IN CHINA ON THE ELECTRIC
VEHICLE SUPPLY CHAIN.
Not later than 120 days after the date of enactment of this Act,
the Secretary, in coordination with the Secretary of State, shall study
the impact of forced labor in China on the electric vehicle supply
chain.
TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A--Residential and Commercial Energy Efficiency
SEC. 5001. DEFINITIONS.
In this subtitle:
(1) Priority state.--The term ``priority State'' means a
State that--
(A) is eligible for funding under the State Energy
Program; and
(B)(i) is among the 15 States with the highest
annual per-capita combined residential and commercial
sector energy consumption, as most recently reported by
the Energy Information Administration; or
(ii) is among the 15 States with the highest annual
per-capita energy-related carbon dioxide emissions by
State, as most recently reported by the Energy
Information Administration.
(2) Program.--The term ``program'' means the program
established under section 5002(a).
(3) State.--The term ``State'' means a State (as defined in
section 3 of the Energy Policy and Conservation Act (42 U.S.C.
6202)), acting through a State energy office.
(4) State energy program.--The term ``State Energy
Program'' means the State Energy Program established under part
D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.).
SEC. 5002. ENERGY EFFICIENCY REVOLVING LOAN FUND CAPITALIZATION GRANT
PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, under the State Energy Program, the Secretary shall
establish a program under which the Secretary shall provide
capitalization grants to States to establish a revolving loan fund
under which the State shall provide loans and grants, as applicable, in
accordance with this section.
(b) Distribution of Funds.--
(1) All states.--
(A) In general.--Of the amounts made available
under subsection (j), the Secretary shall use 40
percent to provide capitalization grants to States that
are eligible for funding under the State Energy
Program, in accordance with the allocation formula
established under section 420.11 of title 10, Code of
Federal Regulations (or successor regulations).
(B) Remaining funding.--After applying the
allocation formula described in subparagraph (A), the
Secretary shall redistribute any unclaimed funds to the
remaining States seeking capitalization grants under
that subparagraph.
(2) Priority states.--
(A) In general.--Of the amounts made available
under subsection (j), the Secretary shall use 60
percent to provide supplemental capitalization grants
to priority States in accordance with an allocation
formula determined by the Secretary.
(B) Remaining funding.--After applying the
allocation formula described in subparagraph (A), the
Secretary shall redistribute any unclaimed funds to the
remaining priority States seeking supplemental
capitalization grants under that subparagraph.
(C) Grant amount.--
(i) Maximum amount.--The amount of a
supplemental capitalization grant provided to a
State under this paragraph shall not exceed
$15,000,000.
(ii) Supplement not supplant.--A
supplemental capitalization grant received by a
State under this paragraph shall supplement,
not supplant, a capitalization grant received
by that State under paragraph (1).
(c) Applications for Capitalization Grants.--A State seeking a
capitalization grant under the program shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including--
(1) a detailed explanation of how the grant will be used,
including a plan to establish a new revolving loan fund or use
an existing revolving loan fund;
(2) the need of eligible recipients for loans and grants in
the State for assistance with conducting energy audits;
(3) a description of the expected benefits that building
infrastructure and energy system upgrades and retrofits will
have on communities in the State; and
(4) in the case of a priority State seeking a supplemental
capitalization grant under subsection (b)(2), a justification
for needing the supplemental funding.
(d) Timing.--
(1) In general.--The Secretary shall establish a timeline
with dates by, or periods by the end of, which a State shall--
(A) on receipt of a capitalization grant under the
program, deposit the grant funds into a revolving loan
fund; and
(B) begin using the capitalization grant as
described in subsection (e)(1).
(2) Use of grant.--Under the timeline established under
paragraph (1), a State shall be required to begin using a
capitalization grant not more than 180 days after the date on
which the grant is received.
(e) Use of Grant Funds.--
(1) In general.--A State that receives a capitalization
grant under the program--
(A) shall provide loans in accordance with
paragraph (2); and
(B) may provide grants in accordance with paragraph
(3).
(2) Loans.--
(A) Commercial energy audit.--
(i) In general.--A State that receives a
capitalization grant under the program may
provide a loan to an eligible recipient
described in clause (iv) to conduct a
commercial energy audit.
(ii) Audit requirements.--A commercial
energy audit conducted using a loan provided
under clause (i) shall--
(I) determine the overall
consumption of energy of the facility
of the eligible recipient;
(II) identify and recommend
lifecycle cost-effective opportunities
to reduce the energy consumption of the
facility of the eligible recipient,
including through energy efficient--
(aa) lighting;
(bb) heating, ventilation,
and air conditioning systems;
(cc) windows;
(dd) appliances; and
(ee) insulation and
building envelopes;
(III) estimate the energy and cost
savings potential of the opportunities
identified in subclause (II) using
software approved by the Secretary;
(IV) identify--
(aa) the period and level
of peak energy demand for each
building within the facility of
the eligible recipient; and
(bb) the sources of energy
consumption that are
contributing the most to that
period of peak energy demand;
(V) recommend controls and
management systems to reduce or
redistribute peak energy consumption;
and
(VI) estimate the total energy and
cost savings potential for the facility
of the eligible recipient if all
recommended upgrades and retrofits are
implemented, using software approved by
the Secretary.
(iii) Additional audit inclusions.--A
commercial energy audit conducted using a loan
provided under clause (i) may recommend
strategies to increase energy efficiency of the
facility of the eligible recipient through use
of electric systems or other high-efficiency
systems utilizing fuels, including natural gas
and hydrogen.
(iv) Eligible recipients.--An eligible
recipient under clause (i) is a business that--
(I) conducts the majority of its
business in the State that provides the
loan under that clause; and
(II) owns or operates--
(aa) 1 or more commercial
buildings; or
(bb) commercial space
within a building that serves
multiple functions, such as a
building for commercial and
residential operations.
(B) Residential energy audits.--
(i) In general.--A State that receives a
capitalization grant under the program may
provide a loan to an eligible recipient
described in clause (iv) to conduct a
residential energy audit.
(ii) Residential energy audit
requirements.--A residential energy audit
conducted using a loan under clause (i) shall--
(I) utilize the same evaluation
criteria as the Home Performance
Assessment used in the Energy Star
program established under section 324A
of the Energy Policy and Conservation
Act (42 U.S.C. 6294a);
(II) recommend lifecycle cost-
effective opportunities to reduce
energy consumption within the
residential building of the eligible
recipient, including through energy
efficient--
(aa) lighting;
(bb) heating, ventilation,
and air conditioning systems;
(cc) windows;
(dd) appliances; and
(ee) insulation and
building envelopes;
(III) recommend controls and
management systems to reduce or
redistribute peak energy consumption;
(IV) compare the energy consumption
of the residential building of the
eligible recipient to comparable
residential buildings in the same
geographic area; and
(V) provide a Home Energy Score, or
equivalent score (as determined by the
Secretary), for the residential
building of the eligible recipient by
using the Home Energy Score Tool of the
Department or an equivalent scoring
tool.
(iii) Additional audit inclusions.--A
residential energy audit conducted using a loan
provided under clause (i) may recommend
strategies to increase energy efficiency of the
facility of the eligible recipient through use
of electric systems or other high-efficiency
systems utilizing fuels, including natural gas
and hydrogen.
(iv) Eligible recipients.--An eligible
recipient under clause (i) is--
(I) an individual who owns--
(aa) a single family home;
(bb) a condominium or
duplex; or
(cc) a manufactured housing
unit; or
(II) a business that owns or
operates a multifamily housing
facility.
(C) Commercial and residential energy upgrades and
retrofits.--
(i) In general.--A State that receives a
capitalization grant under the program may
provide a loan to an eligible recipient
described in clause (ii) to carry out upgrades
or retrofits of building infrastructure and
systems that--
(I) are recommended in the
commercial energy audit or residential
energy audit, as applicable, completed
for the building or facility of the
eligible recipient;
(II) satisfy at least 1 of the
criteria in the Home Performance
Assessment used in the Energy Star
program established under section 324A
of the Energy Policy and Conservation
Act (42 U.S.C. 6294a);
(III) improve, with respect to the
building or facility of the eligible
recipient--
(aa) the physical comfort
of the building or facility
occupants;
(bb) the energy efficiency
of the building or facility; or
(cc) the quality of the air
in the building or facility;
and
(IV)(aa) are lifecycle cost-
effective; and
(bb)(AA) reduce the energy
intensity of the building or facility
of the eligible recipient; or
(BB) improve the control and
management of energy usage of the
building or facility to reduce demand
during peak times.
(ii) Eligible recipients.--An eligible
recipient under clause (i) is an eligible
recipient described in subparagraph (A)(iv) or
(B)(iv) that--
(I) has completed a commercial
energy audit described in subparagraph
(A) or a residential energy audit
described in subparagraph (B) using a
loan provided under the applicable
subparagraph; or
(II) has completed a commercial
energy audit or residential energy
audit that--
(aa) was not funded by a
loan under this paragraph; and
(bb)(AA) meets the
requirements for the applicable
audit under subparagraph (A) or
(B), as applicable; or
(BB) the Secretary
determines is otherwise
satisfactory.
(iii) Loan term.--
(I) In general.--A loan provided
under this subparagraph shall be
required to be fully amortized by the
earlier of--
(aa) subject to subclause
(II), the year in which the
upgrades or retrofits carried
out using the loan exceed their
expected useful life; and
(bb) 15 years after those
upgrades or retrofits are
installed.
(II) Calculation.--For purposes of
subclause (I)(aa), in the case of a
loan being used to fund multiple
upgrades or retrofits, the longest-
lived upgrade or retrofit shall be used
to calculate the year in which the
upgrades or retrofits carried out using
the loan exceed their expected useful
life.
(D) Referral to qualified contractors.--Following
the completion of an audit under subparagraph (A) or
(B) by an eligible recipient of a loan under the
applicable subparagraph, the State may refer the
eligible recipient to a qualified contractor, as
determined by the State, to estimate--
(i) the upfront capital cost of each
recommended upgrade; and
(ii) the total upfront capital cost of
implementing all recommended upgrades.
(E) Loan recipients.--Each State providing loans
under this paragraph shall, to the maximum extent
practicable, provide loans to eligible recipients that
do not have access to private capital.
(3) Grants and technical assistance.--
(A) In general.--A State that receives a
capitalization grant under the program may use not more
than 25 percent of the grant funds to provide grants or
technical assistance to eligible entities described in
subparagraph (B) to carry out the activities described
in subparagraphs (A), (B), and (C) of paragraph (2).
(B) Eligible entity.--An entity eligible for a
grant or technical assistance under subparagraph (A)
is--
(i) a business that--
(I) is an eligible recipient
described in paragraph (2)(A)(iv); and
(II) has fewer than 500 employees;
or
(ii) a low-income individual (as defined in
section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102)) that owns a
residential building.
(4) Final assessment.--A State that provides a
capitalization grant under paragraph (2)(C) to an eligible
recipient described in clause (ii) of that paragraph may, not
later than 1 year after the date on which the upgrades or
retrofits funded by the grant under that paragraph are
completed, provide to the eligible recipient a loan or, in
accordance with paragraph (3), a grant to conduct a final
energy audit that assesses the total energy savings from the
upgrades or retrofits.
(5) Administrative expenses.--A State that receives a
capitalization grant under the program may use not more than 10
percent of the grant funds for administrative expenses.
(f) Coordination With Existing Programs.--A State receiving a
capitalization grant under the program is encouraged to utilize and
build on existing programs and infrastructure within the State that may
aid the State in carrying out a revolving loan fund program.
(g) Leveraging Private Capital.--A State receiving a capitalization
grant under the program shall, to the maximum extent practicable, use
the grant to leverage private capital.
(h) Outreach.--The Secretary shall engage in outreach to inform
States of the availability of capitalization grants under the program.
(i) Report.--Each State that receives a capitalization grant under
the program shall, not later than 2 years after a grant is received,
submit to the Secretary a report that describes--
(1) the number of recipients to which the State has
distributed--
(A) loans for--
(i) commercial energy audits under
subsection (e)(2)(A);
(ii) residential energy audits under
subsection (e)(2)(B);
(iii) energy upgrades and retrofits under
subsection (e)(2)(C); and
(B) grants under subsection (e)(3); and
(2) the average capital cost of upgrades and retrofits
across all commercial energy audits and residential energy
audits that were conducted in the State using loans provided by
the State under subsection (e).
(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $250,000,000
for fiscal year 2022, to remain available until expended.
SEC. 5003. ENERGY AUDITOR TRAINING GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Covered certification.--The term ``covered
certification'' means any of the following certifications:
(A) The American Society of Heating, Refrigerating
and Air-Conditioning Engineers Building Energy
Assessment Professional certification.
(B) The Association of Energy Engineers Certified
Energy Auditor certification.
(C) The Building Performance Institute Home Energy
Professional Energy Auditor certification.
(D) The Residential Energy Services Network Home
Energy Rater certification.
(E) Any other third-party certification recognized
by the Department.
(F) Any third-party certification that the
Secretary determines is equivalent to the
certifications described in subparagraphs (A) through
(E).
(2) Eligible state.--The term ``eligible State'' means a
State that--
(A) has a demonstrated need for assistance for
training energy auditors; and
(B) meets any additional criteria determined
necessary by the Secretary.
(b) Establishment.--Under the State Energy Program, the Secretary
shall establish a competitive grant program under which the Secretary
shall award grants to eligible States to train individuals to conduct
energy audits or surveys of commercial and residential buildings.
(c) Applications.--
(1) In general.--A State seeking a grant under subsection
(b) shall submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require, including the energy auditor training
program plan described in paragraph (2).
(2) Energy auditor training program plan.--An energy
auditor training program plan submitted with an application
under paragraph (1) shall include--
(A)(i) a proposed training curriculum for energy
audit trainees; and
(ii) an identification of the covered certification
that those trainees will receive on completion of that
training curriculum;
(B) the expected per-individual cost of training;
(C) a plan for connecting trainees with employment
opportunities; and
(D) any additional information required by the
Secretary.
(d) Amount of Grant.--The amount of a grant awarded to an eligible
State under subsection (b)--
(1) shall be determined by the Secretary, taking into
account the population of the eligible State; and
(2) shall not exceed $2,000,000 for any eligible State.
(e) Use of Funds.--
(1) In general.--An eligible State that receives a grant
under subsection (b) shall use the grant funds--
(A) to cover any cost associated with individuals
being trained or certified to conduct energy audits
by--
(i) the State; or
(ii) a State-certified third party training
program; and
(B) subject to paragraph (2), to pay the wages of a
trainee during the period in which the trainee receives
training and certification.
(2) Limitation.--Not more than 10 percent of grant funds
provided under subsection (b) to an eligible State may be used
for the purpose described in paragraph (1)(B).
(f) Consultation.--In carrying out this section, the Secretary
shall consult with the Secretary of Labor.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $40,000,000 for
the period of fiscal years 2022 through 2026.
Subtitle B--Buildings
SEC. 5101. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND
RESILIENCE.
(a) In General.--Title III of the Energy Conservation and
Production Act (42 U.S.C. 6831 et seq.) is amended by adding at the end
the following:
``SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND
RESILIENCE.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a relevant State agency, as determined by the
Secretary, such as a State building code agency, State
energy office, or Tribal energy office; and
``(B) a partnership.
``(2) Partnership.--The term `partnership' means a
partnership between an eligible entity described in paragraph
(1)(A) and 1 or more of the following entities:
``(A) Local building code agencies.
``(B) Codes and standards developers.
``(C) Associations of builders and design and
construction professionals.
``(D) Local and utility energy efficiency programs.
``(E) Consumer, energy efficiency, and
environmental advocates.
``(F) Other entities, as determined by the
Secretary.
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish within the
Building Technologies Office of the Department of Energy a
program under which the Secretary shall award grants on a
competitive basis to eligible entities to enable sustained
cost-effective implementation of updated building energy codes.
``(2) Updated building energy code.--An update to a
building energy code under this section, including an amendment
that results in increased efficiency compared to the previously
adopted building energy code, shall include any update made
available after the existing building energy code, even if it
is not the most recent updated code available.
``(c) Criteria; Priority.--In awarding grants under subsection (b),
the Secretary shall--
``(1) consider--
``(A) prospective energy savings and plans to
measure the savings, including utilizing the
Environmental Protection Agency Portfolio Manager, the
Home Energy Score rating of the Office of Energy
Efficiency and Renewable Energy of the Department of
Energy, the Energy Star Building rating methodologies
of the Environmental Protection Agency, and other
methodologies determined appropriate by the Secretary;
``(B) the long-term sustainability of those
measures and savings;
``(C) prospective benefits, and plans to assess the
benefits, including benefits relating to--
``(i) resilience and peak load reduction;
``(ii) occupant safety and health; and
``(iii) environmental performance;
``(D) the demonstrated capacity of the eligible
entity to carry out the proposed project; and
``(E) the need of the eligible entity for
assistance; and
``(2) give priority to applications from partnerships.
``(d) Eligible Activities.--
``(1) In general.--An eligible entity awarded a grant under
this section may use the grant funds--
``(A) to create or enable State or regional
partnerships to provide training and materials to--
``(i) builders, contractors and
subcontractors, architects, and other design
and construction professionals, relating to
meeting updated building energy codes in a
cost-effective manner; and
``(ii) building code officials, relating to
improving implementation of and compliance with
building energy codes;
``(B) to collect and disseminate quantitative data
on construction and codes implementation, including
code pathways, performance metrics, and technologies
used;
``(C) to develop and implement a plan for highly
effective codes implementation, including measuring
compliance;
``(D) to address various implementation needs in
rural, suburban, and urban areas; and
``(E) to implement updates in energy codes for--
``(i) new residential and commercial
buildings (including multifamily buildings);
and
``(ii) additions and alterations to
existing residential and commercial buildings
(including multifamily buildings).
``(2) Related topics.--Training and materials provided
using a grant under this section may include information on the
relationship between energy codes and--
``(A) cost-effective, high-performance, and zero-
net-energy buildings;
``(B) improving resilience, health, and safety;
``(C) water savings and other environmental
impacts; and
``(D) the economic impacts of energy codes.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $225,000,000
for the period of fiscal years 2022 through 2026.''.
(b) Conforming Amendment.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended, in the matter preceding
paragraph (1), by striking ``As used in'' and inserting ``Except as
otherwise provided, in''.
SEC. 5102. BUILDING, TRAINING, AND ASSESSMENT CENTERS.
(a) In General.--The Secretary shall provide grants to institutions
of higher education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as
defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to
establish building training and assessment centers--
(1) to identify opportunities for optimizing energy
efficiency and environmental performance in buildings;
(2) to promote the application of emerging concepts and
technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists,
building energy permitting and enforcement officials, and
building technicians in energy-efficient design and operation;
(4) to assist institutions of higher education and Tribal
Colleges or Universities in training building technicians;
(5) to promote research and development for the use of
alternative energy sources and distributed generation to supply
heat and power for buildings, particularly energy-intensive
buildings; and
(6) to coordinate with and assist State-accredited
technical training centers, community colleges, Tribal Colleges
or Universities, and local offices of the National Institute of
Food and Agriculture and ensure appropriate services are
provided under this section to each region of the United
States.
(b) Coordination and Nonduplication.--
(1) In general.--The Secretary shall coordinate the program
with the industrial research and assessment centers program
under section 457 of the Energy Independence and Security Act
of 2007 (as added by section 5201(b)) and with other Federal
programs to avoid duplication of effort.
(2) Collocation.--To the maximum extent practicable,
building, training, and assessment centers established under
this section shall be collocated with industrial and research
assessment centers (as defined in section 5211).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
fiscal year 2022, to remain available until expended.
SEC. 5103. CAREER SKILLS TRAINING.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a nonprofit partnership that--
(1) includes the equal participation of industry, including
public or private employers, and labor organizations, including
joint labor-management training programs;
(2) may include workforce investment boards, community-
based organizations, qualified service and conservation corps,
educational institutions, small businesses, cooperatives, State
and local veterans agencies, and veterans service
organizations; and
(3) demonstrates--
(A) experience in implementing and operating worker
skills training and education programs;
(B) the ability to identify and involve in training
programs carried out under this section, target
populations of individuals who would benefit from
training and be actively involved in activities
relating to energy efficiency and renewable energy
industries; and
(C) the ability to help individuals achieve
economic self-sufficiency.
(b) Establishment.--The Secretary shall award grants to eligible
entities to pay the Federal share of associated career skills training
programs under which students concurrently receive classroom
instruction and on-the-job training for the purpose of obtaining an
industry-related certification to install energy efficient buildings
technologies.
(c) Federal Share.--The Federal share of the cost of carrying out a
career skills training program described in subsection (b) shall be 50
percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
fiscal year 2022, to remain available until expended.
SEC. 5104. COMMERCIAL BUILDING ENERGY CONSUMPTION INFORMATION SHARING.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(2) Agreement.--The term ``Agreement'' means the agreement
entered into under subsection (b).
(3) Survey.--The term ``Survey'' means the Commercial
Building Energy Consumption Survey.
(b) Authorization of Agreement.--Not later than 120 days after the
date of enactment of this Act, the Administrator and the Administrator
of the Environmental Protection Agency shall sign, and submit to
Congress, an information sharing agreement relating to commercial
building energy consumption data.
(c) Content of Agreement.--The Agreement shall--
(1) provide, to the extent permitted by law, that--
(A) the Administrator shall have access to
building-specific data in the Portfolio Manager
database of the Environmental Protection Agency; and
(B) the Administrator of the Environmental
Protection Agency shall have access to building-
specific data collected by the Survey;
(2) describe the manner in which the Administrator shall
use the data described in paragraph (1) and subsection (d);
(3) describe and compare--
(A) the methodologies that the Energy Information
Administration, the Environmental Protection Agency,
and State and local government managers use to maximize
the quality, reliability, and integrity of data
collected through the Survey, the Portfolio Manager
database of the Environmental Protection Agency, and
State and local building energy disclosure laws
(including regulations), respectively, and the manner
in which those methodologies can be improved; and
(B) consistencies and variations in data for the
same buildings captured in--
(i)(I) the 2018 Survey cycle; and
(II) each subsequent Survey cycle; and
(ii) the Portfolio Manager database of the
Environmental Protection Agency; and
(4) consider whether, and the methods by which, the
Administrator may collect and publish new iterations of Survey
data every 3 years--
(A) using the Survey processes of the
Administrator; or
(B) as supplemented by information in the Portfolio
Manager database of the Environmental Protection
Agency.
(d) Data.--The data referred in subsection (c)(2) includes data
that--
(1) is collected through the Portfolio Manager database of
the Environmental Protection Agency;
(2) is required to be publicly available on the internet
under State and local government building energy disclosure
laws (including regulations); and
(3) includes information on private sector buildings that
are not less than 250,000 square feet.
(e) Protection of Information.--In carrying out the agreement, the
Administrator and the Administrator of the Environmental Protection
Agency shall protect information in accordance with--
(1) section 552(b)(4) of title 5, United States Code
(commonly known as the ``Freedom of Information Act'');
(2) subchapter III of chapter 35 of title 44, United States
Code; and
(3) any other applicable law (including regulations).
Subtitle C--Industrial Energy Efficiency
PART I--INDUSTRY
SEC. 5201. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL RESEARCH AND
ASSESSMENT CENTERS.
(a) Future of Industry Program.--
(1) In general.--Section 452 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17111) is amended--
(A) by striking the section heading and inserting
the following: ``future of industry program'';
(B) in subsection (a)(2)--
(i) by redesignating subparagraph (E) as
subparagraph (F); and
(ii) by inserting after subparagraph (D)
the following:
``(E) water and wastewater treatment facilities,
including systems that treat municipal, industrial, and
agricultural waste; and'';
(C) by striking subsection (e); and
(D) by redesignating subsection (f) as subsection
(e).
(2) Conforming amendment.--Section 454(b)(2)(C) of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17113(b)(2)(C)) is amended by striking ``energy-intensive
industries'' and inserting ``Future of Industry''.
(b) Industrial Research and Assessment Centers.--Subtitle D of
title IV of the Energy Independence and Security Act of 2007 (42 U.S.C.
17111 et seq.) is amended by adding at the end the following:
``SEC. 457. INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.
``(a) Definitions.--In this section:
``(1) Covered project.--The term `covered project' means a
project--
``(A) that has been recommended in an energy
assessment described in paragraph (2)(A) conducted for
an eligible entity; and
``(B) with respect to which the plant site of that
eligible entity--
``(i) improves--
``(I) energy efficiency;
``(II) material efficiency;
``(III) cybersecurity; or
``(IV) productivity; or
``(ii) reduces--
``(I) waste production;
``(II) greenhouse gas emissions; or
``(III) nongreenhouse gas
pollution.
``(2) Eligible entity.--The term `eligible entity' means a
small- or medium-sized manufacturer that has had an energy
assessment completed by--
``(A) an industrial research and assessment center;
``(B) a Department of Energy Combined Heat and
Power Technical Assistance Partnership jointly with an
industrial research and assessment center; or
``(C) a third-party assessor that provides an
assessment equivalent to an assessment described in
subparagraph (A) or (B), as determined by the
Secretary.
``(3) Energy service provider.--The term `energy service
provider' means--
``(A) any business providing technology or services
to improve the energy efficiency, water efficiency,
power factor, or load management of a manufacturing
site or other industrial process in an energy-intensive
industry (as defined in section 452(a)); and
``(B) any utility operating under a utility energy
service project.
``(4) Industrial research and assessment center.--The term
`industrial research and assessment center' means--
``(A) an institution of higher education-based
industrial research and assessment center that is
funded by the Secretary under subsection (b); and
``(B) an industrial research and assessment center
at a trade school, community college, or union training
program that is funded by the Secretary under
subsection (f).
``(5) Program.--The term `Program' means the program for
implementation grants established under subsection (i)(1).
``(6) Small- or medium-sized manufacturer.--The term
`small- or medium-sized manufacturer' means a manufacturing
firm--
``(A) the gross annual sales of which are less than
$100,000,000;
``(B) that has fewer than 500 employees at the
plant site of the manufacturing firm; and
``(C) the annual energy bills of which total more
than $100,000 but less than $3,500,000.
``(b) Institution of Higher Education-based Industrial Research and
Assessment Centers.--
``(1) In general.--The Secretary shall provide funding to
institution of higher education-based industrial research and
assessment centers.
``(2) Purpose.--The purpose of each institution of higher
education-based industrial research and assessment center shall
be--
``(A) to provide in-depth assessments of small- and
medium-sized manufacturer plant sites to evaluate the
facilities, services, and manufacturing operations of
the plant sites;
``(B) to identify opportunities for optimizing
energy efficiency and environmental performance,
including implementation of--
``(i) smart manufacturing;
``(ii) energy management systems;
``(iii) sustainable manufacturing;
``(iv) information technology advancements
for supply chain analysis, logistics, system
monitoring, industrial and manufacturing
processes, and other purposes; and
``(v) waste management systems;
``(C) to promote applications of emerging concepts
and technologies in small- and medium-sized
manufacturers (including water and wastewater treatment
facilities and federally owned manufacturing
facilities);
``(D) to promote research and development for the
use of alternative energy sources to supply heat,
power, and new feedstocks for energy-intensive
industries;
``(E) to coordinate with appropriate Federal and
State research offices;
``(F) to provide a clearinghouse for industrial
process and energy efficiency technical assistance
resources; and
``(G) to coordinate with State-accredited technical
training centers and community colleges, while ensuring
appropriate services to all regions of the United
States.
``(c) Coordination.--To increase the value and capabilities of the
industrial research and assessment centers, the centers shall--
``(1) coordinate with Manufacturing Extension Partnership
Centers of the National Institute of Standards and Technology;
``(2) coordinate with the Federal Energy Management Program
and the Building Technologies Office of the Department of
Energy to provide building assessment services to
manufacturers;
``(3) increase partnerships with the National Laboratories
of the Department of Energy to leverage the expertise,
technologies, and research and development capabilities of the
National Laboratories for national industrial and manufacturing
needs;
``(4) increase partnerships with energy service providers
and technology providers to leverage private sector expertise
and accelerate deployment of new and existing technologies and
processes for energy efficiency, power factor, and load
management;
``(5) identify opportunities for reducing greenhouse gas
emissions and other air emissions; and
``(6) promote sustainable manufacturing practices for
small- and medium-sized manufacturers.
``(d) Outreach.--The Secretary shall provide funding for--
``(1) outreach activities by the industrial research and
assessment centers to inform small- and medium-sized
manufacturers of the information, technologies, and services
available; and
``(2) coordination activities by each industrial research
and assessment center to leverage efforts with--
``(A) Federal, State, and Tribal efforts;
``(B) the efforts of utilities and energy service
providers;
``(C) the efforts of regional energy efficiency
organizations; and
``(D) the efforts of other industrial research and
assessment centers.
``(e) Centers of Excellence.--
``(1) Establishment.--The Secretary shall establish a
Center of Excellence at not more than 5 of the highest-
performing industrial research and assessment centers, as
determined by the Secretary.
``(2) Duties.--A Center of Excellence shall coordinate with
and advise the industrial research and assessment centers
located in the region of the Center of Excellence, including--
``(A) by mentoring new directors and staff of the
industrial research and assessment centers with respect
to--
``(i) the availability of resources; and
``(ii) best practices for carrying out
assessments, including through the
participation of the staff of the Center of
Excellence in assessments carried out by new
industrial research and assessment centers;
``(B) by providing training to staff and students
at the industrial research and assessment centers on
new technologies, practices, and tools to expand the
scope and impact of the assessments carried out by the
centers;
``(C) by assisting the industrial research and
assessment centers with specialized technical
opportunities, including by providing a clearinghouse
of available expertise and tools to assist the centers
and clients of the centers in assessing and
implementing those opportunities;
``(D) by identifying and coordinating with
regional, State, local, Tribal, and utility energy
efficiency programs for the purpose of facilitating
efforts by industrial research and assessment centers
to connect industrial facilities receiving assessments
from those centers with regional, State, local, and
utility energy efficiency programs that could aid the
industrial facilities in implementing any
recommendations resulting from the assessments;
``(E) by facilitating coordination between the
industrial research and assessment centers and other
Federal programs described in paragraphs (1) through
(3) of subsection (c); and
``(F) by coordinating the outreach activities of
the industrial research and assessment centers under
subsection (d)(1).
``(3) Funding.--For each fiscal year, out of any amounts
made available to carry out this section under subsection (j),
the Secretary shall use not less than $500,000 to support each
Center of Excellence.
``(f) Expansion of Industrial Research and Assessment Centers.--
``(1) In general.--The Secretary shall provide funding to
establish additional industrial research and assessment centers
at trade schools, community colleges, and union training
programs.
``(2) Purpose.--
``(A) In general.--Subject to subparagraph (B), to
the maximum extent practicable, an industrial research
and assessment center established under paragraph (1)
shall have the same purpose as an institution of higher
education-based industrial research center that is
funded by the Secretary under subsection (b)(1).
``(B) Consideration of capabilities.--In evaluating
or establishing the purpose of an industrial research
and assessment center established under paragraph (1),
the Secretary shall take into consideration the varying
capabilities of trade schools, community colleges, and
union training programs.
``(g) Workforce Training.--
``(1) Internships.--The Secretary shall pay the Federal
share of associated internship programs under which students
work with or for industries, manufacturers, and energy service
providers to implement the recommendations of industrial
research and assessment centers.
``(2) Apprenticeships.--The Secretary shall pay the Federal
share of associated apprenticeship programs under which--
``(A) students work with or for industries,
manufacturers, and energy service providers to
implement the recommendations of industrial research
and assessment centers; and
``(B) employees of facilities that have received an
assessment from an industrial research and assessment
center work with or for an industrial research and
assessment center to gain knowledge on engineering
practices and processes to improve productivity and
energy savings.
``(3) Federal share.--The Federal share of the cost of
carrying out internship programs described in paragraph (1) and
apprenticeship programs described in paragraph (2) shall be 50
percent.
``(h) Small Business Loans.--The Administrator of the Small
Business Administration shall, to the maximum extent practicable,
expedite consideration of applications from eligible small business
concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.)
to implement recommendations developed by the industrial research and
assessment centers.
``(i) Implementation Grants.--
``(1) In general.--The Secretary shall establish a program
under which the Secretary shall provide grants to eligible
entities to implement covered projects.
``(2) Application.--An eligible entity seeking a grant
under the Program shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require, including a demonstration of need
for financial assistance to implement the proposed covered
project.
``(3) Priority.--In awarding grants under the Program, the
Secretary shall give priority to eligible entities that--
``(A) have had an energy assessment completed by an
industrial research and assessment center; and
``(B) propose to carry out a covered project with a
greater potential for--
``(i) energy efficiency gains; or
``(ii) greenhouse gas emissions reductions.
``(4) Grant amount.--
``(A) Maximum amount.--The amount of a grant
provided to an eligible entity under the Program shall
not exceed $300,000.
``(B) Federal share.--A grant awarded under the
Program for a covered project shall be in an amount
that is not more than 50 percent of the cost of the
covered project.
``(C) Supplement.--A grant received by an eligible
entity under the Program shall supplement, not
supplant, any private or State funds available to the
eligible entity to carry out the covered project.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for the period of fiscal years 2022
through 2026--
``(1) $150,000,000 to carry out subsections (a) through
(h); and
``(2) $400,000,000 to carry out subsection (i).''.
(c) Clerical Amendment.--The table of contents of the Energy
Independence and Security Act of 2007 (42 U.S.C. prec. 17001) is
amended by adding at the end of the items relating to subtitle D of
title IV the following:
``457. Industrial research and assessment centers.''.
SEC. 5202. SUSTAINABLE MANUFACTURING INITIATIVE.
(a) In General.--Part E of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding at the
end the following:
``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
``(a) In General.--As part of the Office of Energy Efficiency and
Renewable Energy of the Department of Energy, the Secretary, on the
request of a manufacturer, shall carry out onsite technical assessments
to identify opportunities for--
``(1) maximizing the energy efficiency of industrial
processes and cross-cutting systems;
``(2) preventing pollution and minimizing waste;
``(3) improving efficient use of water in manufacturing
processes;
``(4) conserving natural resources; and
``(5) achieving such other goals as the Secretary
determines to be appropriate.
``(b) Coordination.--To implement any recommendations resulting
from an onsite technical assessment carried out under subsection (a)
and to accelerate the adoption of new and existing technologies and
processes that improve energy efficiency, the Secretary shall
coordinate with--
``(1) the Advanced Manufacturing Office of the Department
of Energy;
``(2) the Building Technologies Office of the Department of
Energy;
``(3) the Federal Energy Management Program of the
Department of Energy; and
``(4) the private sector and other appropriate agencies,
including the National Institute of Standards and Technology.
``(c) Research and Development Program for Sustainable
Manufacturing and Industrial Technologies and Processes.--As part of
the industrial efficiency programs of the Department of Energy, the
Secretary shall carry out a joint industry-government partnership
program to research, develop, and demonstrate new sustainable
manufacturing and industrial technologies and processes that maximize
the energy efficiency of industrial plants, reduce pollution, and
conserve natural resources.''.
(b) Clerical Amendment.--The table of contents of the Energy Policy
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the
end of the items relating to part E of title III the following:
``376. Sustainable manufacturing initiative.''.
PART II--SMART MANUFACTURING
SEC. 5211. DEFINITIONS.
In this part:
(1) Energy management system.--The term ``energy management
system'' means a business management process based on standards
of the American National Standards Institute that enables an
organization to follow a systematic approach in achieving
continual improvement of energy performance, including energy
efficiency, security, use, and consumption.
(2) Industrial and research assessment center.--The term
``industrial and research assessment center'' means a center
located at an institution of higher education, a trade school,
a community college, or a union training program that--
(A) receives funding from the Department;
(B) provides an in-depth assessment of small- and
medium-size manufacturer plant sites to evaluate the
facilities, services, and manufacturing operations of
the plant site; and
(C) identifies opportunities for potential savings
for small- and medium-size manufacturer plant sites
from energy efficiency improvements, waste
minimization, pollution prevention, and productivity
improvement.
(3) Information and communication technology.--The term
``information and communication technology'' means any
electronic system or equipment (including the content contained
in the system or equipment) used to create, convert,
communicate, or duplicate data or information, including
computer hardware, firmware, software, communication protocols,
networks, and data interfaces.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) North american industry classification system.--The
term ``North American Industry Classification System'' means
the standard used by Federal statistical agencies in
classifying business establishments for the purpose of
collecting, analyzing, and publishing statistical data relating
to the business economy of the United States.
(6) Small and medium manufacturers.--The term ``small and
medium manufacturers'' means manufacturing firms--
(A) classified in the North American Industry
Classification System as any of sectors 31 through 33;
(B) with gross annual sales of less than
$100,000,000;
(C) with fewer than 500 employees at the plant
site; and
(D) with annual energy bills totaling more than
$100,000 and less than $3,500,000.
(7) Smart manufacturing.--The term ``smart manufacturing''
means advanced technologies in information, automation,
monitoring, computation, sensing, modeling, artificial
intelligence, analytics, and networking that--
(A) digitally--
(i) simulate manufacturing production
lines;
(ii) operate computer-controlled
manufacturing equipment;
(iii) monitor and communicate production
line status; and
(iv) manage and optimize energy
productivity and cost throughout production;
(B) model, simulate, and optimize the energy
efficiency of a factory building;
(C) monitor and optimize building energy
performance;
(D) model, simulate, and optimize the design of
energy efficient and sustainable products, including
the use of digital prototyping and additive
manufacturing to enhance product design;
(E) connect manufactured products in networks to
monitor and optimize the performance of the networks,
including automated network operations; and
(F) digitally connect the supply chain network.
SEC. 5212. LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST SMALL AND
MEDIUM MANUFACTURERS.
The Secretary shall expand the scope of technologies covered by the
industrial and research assessment centers of the Department--
(1) to include smart manufacturing technologies and
practices; and
(2) to equip the directors of the industrial and research
assessment centers with the training and tools necessary to
provide technical assistance in smart manufacturing
technologies and practices, including energy management
systems, to manufacturers.
SEC. 5213. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT NATIONAL
LABORATORIES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a study on
how the Department can increase access to existing high-
performance computing resources in the National Laboratories,
particularly for small and medium manufacturers.
(2) Inclusions.--In identifying ways to increase access to
National Laboratories under paragraph (1), the Secretary
shall--
(A) focus on increasing access to the computing
facilities of the National Laboratories; and
(B) ensure that--
(i) the information from the manufacturer
is protected; and
(ii) the security of the National
Laboratory facility is maintained.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the results of the study.
(b) Actions for Increased Access.--The Secretary shall facilitate
access to the National Laboratories studied under subsection (a) for
small and medium manufacturers so that small and medium manufacturers
can fully use the high-performance computing resources of the National
Laboratories to enhance the manufacturing competitiveness of the United
States.
SEC. 5214. STATE MANUFACTURING LEADERSHIP.
(a) Financial Assistance Authorized.--The Secretary may provide
financial assistance on a competitive basis to States for the
establishment of programs to be used as models for supporting the
implementation of smart manufacturing technologies.
(b) Applications.--
(1) In general.--To be eligible to receive financial
assistance under this section, a State shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Criteria.--The Secretary shall evaluate an application
for financial assistance under this section on the basis of
merit using criteria identified by the Secretary, including--
(A) technical merit, innovation, and impact;
(B) research approach, workplan, and deliverables;
(C) academic and private sector partners; and
(D) alternate sources of funding.
(c) Requirements.--
(1) Term.--The term of an award of financial assistance
under this section shall not exceed 3 years.
(2) Maximum amount.--The amount of an award of financial
assistance under this section shall be not more than
$2,000,000.
(3) Matching requirement.--Each State that receives
financial assistance under this section shall contribute
matching funds in an amount equal to not less than 30 percent
of the amount of the financial assistance.
(d) Use of Funds.--A State may use financial assistance provided
under this section--
(1) to facilitate access to high-performance computing
resources for small and medium manufacturers; and
(2) to provide assistance to small and medium manufacturers
to implement smart manufacturing technologies and practices.
(e) Evaluation.--The Secretary shall conduct semiannual evaluations
of each award of financial assistance under this section--
(1) to determine the impact and effectiveness of programs
funded with the financial assistance; and
(2) to provide guidance to States on ways to better execute
the program of the State.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
the period of fiscal years 2022 through 2026.
SEC. 5215. REPORT.
The Secretary annually shall submit to Congress and make publicly
available a report on the progress made in advancing smart
manufacturing in the United States.
Subtitle D--Schools and Nonprofits
SEC. 5301. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE
ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.
(a) Definitions.--In this section:
(1) Alternative fueled vehicle.--The term ``alternative
fueled vehicle'' has the meaning given the term in section 301
of the Energy Policy Act of 1992 (42 U.S.C. 13211).
(2) Alternative fueled vehicle infrastructure.--The term
``alternative fueled vehicle infrastructure'' means
infrastructure used to charge or fuel an alternative fueled
vehicle.
(3) Eligible entity.--The term ``eligible entity'' means a
consortium of--
(A) 1 local educational agency; and
(B) 1 or more--
(i) schools;
(ii) nonprofit organizations that have the
knowledge and capacity to partner and assist
with energy improvements;
(iii) for-profit organizations that have
the knowledge and capacity to partner and
assist with energy improvements; or
(iv) community partners that have the
knowledge and capacity to partner and assist
with energy improvements.
(4) Energy improvement.--The term ``energy improvement''
means--
(A) any improvement, repair, or renovation to a
school that results in a direct reduction in school
energy costs, including improvements to the envelope,
air conditioning system, ventilation system, heating
system, domestic hot water heating system, compressed
air system, distribution system, lighting system, power
system, and controls of a building;
(B) any improvement, repair, or renovation to, or
installation in, a school that--
(i) leads to an improvement in teacher and
student health, including indoor air quality;
and
(ii) achieves energy savings;
(C) any improvement, repair, or renovation to a
school involving the installation of renewable energy
technologies;
(D) the installation of alternative fueled vehicle
infrastructure on school grounds for--
(i) exclusive use of school buses, school
fleets, or students; or
(ii) the general public; and
(E) the purchase or lease of alternative fueled
vehicles to be used by a school, including school
buses, fleet vehicles, and other operational vehicles.
(5) High school.--The term ``high school'' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(6) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(7) Nonprofit organization.--The term ``nonprofit
organization'' means a nonprofit organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 that is
exempt from tax under section 501(a) of such Code.
(8) Partnering local educational agency.--The term
``partnering local educational agency'', with respect to an
eligible entity, means the local educational agency
participating in the consortium of the eligible entity.
(b) Grants.--The Secretary shall award competitive grants to
eligible entities to make energy improvements in accordance with this
section.
(c) Applications.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(2) Contents.--The application submitted under paragraph
(1) shall include each of the following:
(A) A needs assessment of the current condition of
the school and school facilities that would receive the
energy improvements if the application were approved.
(B) A draft work plan of the intended achievements
of the eligible entity at the school.
(C) A description of the energy improvements that
the eligible entity would carry out at the school if
the application were approved.
(D) A description of the capacity of the eligible
entity to provide services and comprehensive support to
make the energy improvements referred to in
subparagraph (C).
(E) An assessment of the expected needs of the
eligible entity for operation and maintenance training
funds, and a plan for use of those funds, if
applicable.
(F) An assessment of the expected energy
efficiency, energy savings, and safety benefits of the
energy improvements.
(G) A cost estimate of the proposed energy
improvements.
(H) An identification of other resources that are
available to carry out the activities for which grant
funds are requested under this section, including the
availability of utility programs and public benefit
funds.
(d) Priority.--
(1) In general.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity--
(A) that has renovation, repair, and improvement
funding needs;
(B)(i) that, as determined by the Secretary, serves
a high percentage of students, including students in a
high school in accordance with paragraph (2), who are
eligible for a free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.); or
(ii) the partnering local educational agency of
which is designated with a school district locale code
of 41, 42, or 43, as determined by the National Center
for Education Statistics in consultation with the
Bureau of the Census; and
(C) that leverages private sector investment
through energy-related performance contracting.
(2) High school students.--In the case of students in a
high school, the percentage of students eligible for a free or
reduced price lunch described in paragraph (1)(B)(i) shall be
calculated using data from the schools that feed into the high
school.
(e) Competitive Criteria.--The competitive criteria used by the
Secretary to award grants under this section shall include the
following:
(1) The extent of the disparity between the fiscal capacity
of the eligible entity to carry out energy improvements at
school facilities and the needs of the partnering local
educational agency for those energy improvements, including
consideration of--
(A) the current and historic ability of the
partnering local educational agency to raise funds for
construction, renovation, modernization, and major
repair projects for schools;
(B) the ability of the partnering local educational
agency to issue bonds or receive other funds to support
the current infrastructure needs of the partnering
local educational agency for schools; and
(C) the bond rating of the partnering local
educational agency.
(2) The likelihood that the partnering local educational
agency or eligible entity will maintain, in good condition, any
school and school facility that is the subject of improvements.
(3) The potential energy efficiency and safety benefits
from the proposed energy improvements.
(f) Use of Grant Amounts.--
(1) In general.--Except as provided in this subsection, an
eligible entity receiving a grant under this section shall use
the grant amounts only to make the energy improvements
described in the application submitted by the eligible entity
under subsection (c).
(2) Operation and maintenance training.--An eligible entity
receiving a grant under this section may use not more than 5
percent of the grant amounts for operation and maintenance
training for energy efficiency and renewable energy
improvements, such as maintenance staff and teacher training,
education, and preventative maintenance training.
(3) Third-party investigation and analysis.--An eligible
entity receiving a grant under this section may use a portion
of the grant amounts for a third-party investigation and
analysis of the energy improvements carried out by the eligible
entity, such as energy audits and existing building
commissioning.
(4) Continuing education.--An eligible entity receiving a
grant under this section may use not more than 3 percent of the
grant amounts to develop a continuing education curriculum
relating to energy improvements.
(g) Competition in Contracting.--If an eligible entity receiving a
grant under this section uses grant funds to carry out repair or
renovation through a contract, the eligible entity shall be required to
ensure that the contract process--
(1) through full and open competition, ensures the maximum
practicable number of qualified bidders, including small,
minority, and women-owned businesses; and
(2) gives priority to businesses located in, or resources
common to, the State or geographical area in which the repair
or renovation under the contract will be carried out.
(h) Best Practices.--The Secretary shall develop and publish
guidelines and best practices for activities carried out under this
section.
(i) Report by Eligible Entity.--An eligible entity receiving a
grant under this section shall submit to the Secretary, at such time as
the Secretary may require, a report describing--
(1) the use of the grant funds for energy improvements;
(2) the estimated cost savings realized by those energy
improvements;
(3) the results of any third-party investigation and
analysis conducted relating to those energy improvements;
(4) the use of any utility programs and public benefit
funds; and
(5) the use of performance tracking for energy
improvements, such as--
(A) the Energy Star program established under
section 324A of the Energy Policy and Conservation Act
(42 U.S.C. 6294a); or
(B) the United States Green Building Council
Leadership in Energy and Environmental Design (LEED)
green building rating system for existing buildings.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000,000
for the period of fiscal years 2022 through 2026.
SEC. 5302. ENERGY EFFICIENCY MATERIALS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a nonprofit
organization that applies for a grant under this section.
(2) Energy-efficiency material.--
(A) In general.--The term ``energy-efficiency
material'' means a material (including a product,
equipment, or system) the installation of which results
in a reduction in use by a nonprofit organization of
energy or fuel.
(B) Inclusions.--The term ``energy-efficiency
material'' includes--
(i) a roof or lighting system or component
of the system;
(ii) a window;
(iii) a door, including a security door;
and
(iv) a heating, ventilation, or air
conditioning system or component of the system
(including insulation and wiring and plumbing
improvements needed to serve a more efficient
system).
(3) Nonprofit building.--The term ``nonprofit building''
means a building operated and owned by an organization that is
described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such Code.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot program to
award grants for the purpose of providing nonprofit buildings with
energy-efficiency materials.
(c) Grants.--
(1) In general.--The Secretary may award grants under the
program established under subsection (b).
(2) Application.--The Secretary may award a grant under
paragraph (1) if an applicant submits to the Secretary an
application at such time, in such form, and containing such
information as the Secretary may prescribe.
(3) Criteria for grant.--In determining whether to award a
grant under paragraph (1), the Secretary shall apply
performance-based criteria, which shall give priority to
applicants based on--
(A) the energy savings achieved;
(B) the cost effectiveness of the use of energy-
efficiency materials;
(C) an effective plan for evaluation, measurement,
and verification of energy savings; and
(D) the financial need of the applicant.
(4) Limitation on individual grant amount.--Each grant
awarded under this section shall not exceed $200,000.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
the period of fiscal years 2022 through 2026, to remain available until
expended.
Subtitle E--Miscellaneous
SEC. 5401. WEATHERIZATION ASSISTANCE PROGRAM.
There is authorized to be appropriated to the Secretary for the
weatherization assistance program established under part A of title IV
of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.)
$3,500,000,000 for fiscal year 2022, to remain available until
expended.
SEC. 5402. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.
(a) Use of Funds.--Section 544 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17154) is amended--
(1) in paragraph (13)(D), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (14) as paragraph (15); and
(3) by inserting after paragraph (13) the following:
``(14) programs for financing energy efficiency, renewable
energy, and zero-emission transportation (and associated
infrastructure), capital investments, projects, and programs,
which may include loan programs and performance contracting
programs, for leveraging of additional public and private
sector funds, and programs that allow rebates, grants, or other
incentives for the purchase and installation of energy
efficiency, renewable energy, and zero-emission transportation
(and associated infrastructure) measures; and''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for the Energy Efficiency and
Conservation Block Grant Program established under section 542(a) of
the Energy Independence and Security Act of 2007 (42 U.S.C. 17152(a))
$550,000,000 for fiscal year 2022, to remain available until expended.
SEC. 5403. SURVEY, ANALYSIS, AND REPORT ON EMPLOYMENT AND DEMOGRAPHICS
IN THE ENERGY, ENERGY EFFICIENCY, AND MOTOR VEHICLE
SECTORS OF THE UNITED STATES.
(a) Energy Jobs Council.--
(1) Establishment.--The Secretary shall establish a
council, to be known as the ``Energy Jobs Council'' (referred
to in this section as the ``Council'').
(2) Membership.--The Council shall be comprised of--
(A) to be appointed by the Secretary--
(i) 1 or more representatives of the Energy
Information Administration; and
(ii) 1 or more representatives of a State
energy office that are serving as members of
the State Energy Advisory Board established by
section 365(g) of the Energy Policy and
Conservation Act (42 U.S.C. 6325(g));
(B) to be appointed by the Secretary of Commerce--
(i) 1 or more representatives of the
Department of Commerce; and
(ii) 1 or more representatives of the
Bureau of the Census;
(C) 1 or more representatives of the Bureau of
Labor Statistics, to be appointed by the Secretary of
Labor; and
(D) 1 or more representatives of any other Federal
agency the assistance of which is required to carry out
this section, as determined by the Secretary, to be
appointed by the head of the applicable agency.
(b) Survey and Analysis.--
(1) In general.--The Council shall--
(A) conduct a survey of employers in the energy,
energy efficiency, and motor vehicle sectors of the
economy of the United States; and
(B) perform an analysis of the employment figures
and demographics in those sectors, including the number
of personnel in each sector who devote a substantial
portion of working hours, as determined by the
Secretary, to regulatory compliance matters.
(2) Methodology.--In conducting the survey and analysis
under paragraph (1), the Council shall employ a methodology
that--
(A) was approved in 2016 by the Office of
Management and Budget for use in the document entitled
``OMB Control Number 1910-5179'';
(B) uses a representative, stratified sampling of
businesses in the United States; and
(C) is designed to elicit a comparable number of
responses from businesses in each State and with the
same North American Industry Classification System
codes as were received for the 2016 and 2017 reports
entitled ``U.S. Energy and Employment Report''.
(3) Consultation.--In conducting the survey and analysis
under paragraph (1), the Council shall consult with key
stakeholders, including--
(A) as the Council determines to be appropriate,
the heads of relevant Federal agencies and offices,
including--
(i) the Secretary of Commerce;
(ii) the Secretary of Transportation;
(iii) the Director of the Bureau of the
Census;
(iv) the Commissioner of the Bureau of
Labor Statistics; and
(v) the Administrator of the Environmental
Protection Agency;
(B) States;
(C) the State Energy Advisory Board established by
section 365(g) of the Energy Policy and Conservation
Act (42 U.S.C. 6325(g)); and
(D) energy industry trade associations.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall--
(A) make publicly available on the website of the
Department a report, to be entitled the ``U.S. Energy
and Employment Report'', describing the employment
figures and demographics in the energy, energy
efficiency, and motor vehicle sectors of the United
States, and the average number of hours devoted to
regulatory compliance, based on the survey and analysis
conducted under subsection (b); and
(B) subject to the requirements of subchapter III
of chapter 35 of title 44, United States Code, make the
data collected by the Council publicly available on the
website of the Department.
(2) Contents.--
(A) In general.--The report under paragraph (1)
shall include employment figures and demographic data
for--
(i) the energy sector of the economy of the
United States, including--
(I) the electric power generation
and fuels sector; and
(II) the transmission, storage, and
distribution sector;
(ii) the energy efficiency sector of the
economy of the United States; and
(iii) the motor vehicle sector of the
economy of the United States.
(B) Inclusion.--With respect to each sector
described in subparagraph (A), the report under
paragraph (1) shall include employment figures and
demographic data sorted by--
(i) each technology, subtechnology, and
fuel type of those sectors; and
(ii) subject to the requirements of the
Confidential Information Protection and
Statistical Efficiency Act of 2002 (44 U.S.C.
3501 note; Public Law 107-347)--
(I) each State;
(II) each territory of the United
States;
(III) the District of Columbia; and
(IV) each county (or equivalent
jurisdiction) in the United States.
SEC. 5404. ASSISTING FEDERAL FACILITIES WITH ENERGY CONSERVATION
TECHNOLOGIES GRANT PROGRAM.
There is authorized to be appropriated to the Secretary to provide
grants authorized under section 546(b) of the National Energy
Conservation Policy Act (42 U.S.C. 8256(b)), $250,000,000 for fiscal
year 2022, to remain available until expended.
SEC. 5405. REBATES.
There are authorized to be appropriated to the Secretary for the
period of fiscal years 2022 and 2023--
(1) $10,000,000 for the extended product system rebate
program authorized under section 1005 of the Energy Act of 2020
(42 U.S.C. 6311 note; Public Law 116-260); and
(2) $10,000,000 for the energy efficient transformer rebate
program authorized under section 1006 of the Energy Act of 2020
(42 U.S.C. 6317 note; Public Law 116-260).
SEC. 5406. MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS AND WASTE
HEAT TO POWER SYSTEMS.
(a) Definitions.--In this section:
(1) Additional services.--The term ``additional services''
means the provision of supplementary power, backup or standby
power, maintenance power, or interruptible power to an electric
consumer by an electric utility.
(2) Waste heat to power system.--The term ``waste heat to
power system'' means a system that generates electricity
through the recovery of waste energy.
(3) Other terms.--
(A) Purpa.--The terms ``electric consumer'',
``electric utility'', ``interconnection service'',
``nonregulated electric utility'', and ``State
regulatory authority'' have the meanings given those
terms in the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2601 et seq.), within the meaning of
title I of that Act (16 U.S.C. 2611 et seq.).
(B) Epca.--The terms ``combined heat and power
system'' and ``waste energy'' have the meanings given
those terms in section 371 of the Energy Policy and
Conservation Act (42 U.S.C. 6341).
(b) Review.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Federal Energy Regulatory Commission and other appropriate
entities, shall review existing rules and procedures relating
to interconnection service and additional services throughout
the United States for electric generation with nameplate
capacity up to 150 megawatts connecting at either distribution
or transmission voltage levels to identify barriers to the
deployment of combined heat and power systems and waste heat to
power systems.
(2) Inclusion.--The review under this subsection shall
include a review of existing rules and procedures relating to--
(A) determining and assigning costs of
interconnection service and additional services; and
(B) ensuring adequate cost recovery by an electric
utility for interconnection service and additional
services.
(c) Model Guidance.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with the
Federal Energy Regulatory Commission and other appropriate
entities, shall issue model guidance for interconnection
service and additional services for consideration by State
regulatory authorities and nonregulated electric utilities to
reduce the barriers identified under subsection (b)(1).
(2) Current best practices.--The model guidance issued
under this subsection shall reflect, to the maximum extent
practicable, current best practices to encourage the deployment
of combined heat and power systems and waste heat to power
systems while ensuring the safety and reliability of the
interconnected units and the distribution and transmission
networks to which the units connect, including--
(A) relevant current standards developed by the
Institute of Electrical and Electronic Engineers; and
(B) model codes and rules adopted by--
(i) States; or
(ii) associations of State regulatory
agencies.
(3) Factors for consideration.--In establishing the model
guidance under this subsection, the Secretary shall take into
consideration--
(A) the appropriateness of using standards or
procedures for interconnection service that vary based
on unit size, fuel type, or other relevant
characteristics;
(B) the appropriateness of establishing fast-track
procedures for interconnection service;
(C) the value of consistency with Federal
interconnection rules established by the Federal Energy
Regulatory Commission as of the date of enactment of
this Act;
(D) the best practices used to model outage
assumptions and contingencies to determine fees or
rates for additional services;
(E) the appropriate duration, magnitude, or usage
of demand charge ratchets;
(F) potential alternative arrangements with respect
to the procurement of additional services, including--
(i) contracts tailored to individual
electric consumers for additional services;
(ii) procurement of additional services by
an electric utility from a competitive market;
and
(iii) waivers of fees or rates for
additional services for small electric
consumers; and
(G) outcomes such as increased electric
reliability, fuel diversification, enhanced power
quality, and reduced electric losses that may result
from increased use of combined heat and power systems
and waste heat to power systems.
TITLE VI--METHANE REDUCTION INFRASTRUCTURE
SEC. 6001. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION.
Section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907) is
amended to read as follows:
``SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION.
``(a) Definitions.--In this section:
``(1) Federal land.--The term `Federal land' means land
administered by a land management agency within--
``(A) the Department of Agriculture; or
``(B) the Department of the Interior.
``(2) Idled well.--The term `idled well' means a well--
``(A) that has been nonoperational for not fewer
than 4 years; and
``(B) for which there is no anticipated beneficial
future use.
``(3) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(4) Operator.--The term `operator', with respect to an
oil or gas operation, means any entity, including a lessee or
operating rights owner, that has provided to a relevant
authority a written statement that the entity is responsible
for the oil or gas operation, or any portion of the operation.
``(5) Orphaned well.--The term `orphaned well'--
``(A) with respect to Federal land or Tribal land,
means a well--
``(i)(I) that is not used for an authorized
purpose, such as production, injection, or
monitoring; and
``(II)(aa) for which no operator can be
located;
``(bb) the operator of which is unable--
``(AA) to plug the well; and
``(BB) to remediate and reclaim the
well site; or
``(cc) that is within the National
Petroleum Reserve-Alaska; and
``(B) with respect to State or private land--
``(i) has the meaning given the term by the
applicable State; or
``(ii) if that State uses different
terminology, has the meaning given another term
used by the State to describe a well eligible
for plugging, remediation, and reclamation by
the State.
``(6) Tribal land.--The term `Tribal land' means any land
or interest in land owned by an Indian Tribe, the title to
which is--
``(A) held in trust by the United States; or
``(B) subject to a restriction against alienation
under Federal law.
``(b) Federal Program.--
``(1) Establishment.--Not later than 60 days after the date
of enactment of the Energy Infrastructure Act, the Secretary
shall establish a program to plug, remediate, and reclaim
orphaned wells located on Federal land.
``(2) Included activities.--The program under this
subsection shall--
``(A) include a method of--
``(i) identifying, characterizing, and
inventorying orphaned wells and associated
pipelines, facilities, and infrastructure on
Federal land; and
``(ii) ranking those orphaned wells for
priority in plugging, remediation, and
reclamation, based on--
``(I) public health and safety;
``(II) potential environmental
harm; and
``(III) other subsurface impacts or
land use priorities;
``(B) distribute funding in accordance with the
priorities established under subparagraph (A)(ii) for--
``(i) plugging orphaned wells;
``(ii) remediating and reclaiming well pads
and facilities associated with orphaned wells;
``(iii) remediating soil and restoring
native species habitat that has been degraded
due to the presence of orphaned wells and
associated pipelines, facilities, and
infrastructure; and
``(iv) remediating land adjacent to
orphaned wells and decommissioning or removing
associated pipelines, facilities, and
infrastructure;
``(C) provide a public accounting of the costs of
plugging, remediation, and reclamation for each
orphaned well;
``(D) seek to determine the identities of
potentially responsible parties associated with the
orphaned well (or a surety or guarantor of such a
party), to the extent such information can be
ascertained, and make efforts to obtain reimbursement
for expenditures to the extent practicable;
``(E) measure or estimate and track--
``(i) emissions of methane and other gases
associated with orphaned wells; and
``(ii) contamination of groundwater or
surface water associated with orphaned wells;
and
``(F) identify and address any disproportionate
burden of adverse human health or environmental effects
of orphaned wells on communities of color, low-income
communities, and Tribal and indigenous communities.
``(3) Idled wells.--The Secretary, acting through the
Director of the Bureau of Land Management, shall--
``(A) periodically review all idled wells on
Federal land; and
``(B) reduce the inventory of idled wells on
Federal land.
``(4) Cooperation and consultation.--In carrying out the
program under this subsection, the Secretary shall--
``(A) work cooperatively with--
``(i) the Secretary of Agriculture;
``(ii) affected Indian Tribes; and
``(iii) each State within which Federal
land is located; and
``(B) consult with--
``(i) the Secretary of Energy; and
``(ii) the Interstate Oil and Gas Compact
Commission.
``(c) Funding for State Programs.--
``(1) In general.--The Secretary shall provide to States,
in accordance with this subsection--
``(A) initial grants under paragraph (3);
``(B) formula grants under paragraph (4); and
``(C) performance grants under paragraph (5).
``(2) Activities.--
``(A) In general.--A State may use funding provided
under this subsection for any of the following
purposes:
``(i) To plug, remediate, and reclaim
orphaned wells located on State-owned or
privately owned land.
``(ii) To identify and characterize
undocumented orphaned wells on State and
private land.
``(iii) To rank orphaned wells based on
factors including--
``(I) public health and safety;
``(II) potential environmental
harm; and
``(III) other land use priorities.
``(iv) To make information regarding the
use of funds received under this subsection
available on a public website.
``(v) To measure and track--
``(I) emissions of methane and
other gases associated with orphaned
wells; and
``(II) contamination of groundwater
or surface water associated with
orphaned wells.
``(vi) To remediate soil and restore native
species habitat that has been degraded due to
the presence of orphaned wells and associated
pipelines, facilities, and infrastructure.
``(vii) To remediate land adjacent to
orphaned wells and decommission or remove
associated pipelines, facilities, and
infrastructure.
``(viii) To identify and address any
disproportionate burden of adverse human health
or environmental effects of orphaned wells on
communities of color, low-income communities,
and Tribal and indigenous communities.
``(ix) Subject to subparagraph (B), to
administer a program to carry out any
activities described in clauses (i) through
(viii).
``(B) Administrative cost limitation.--
``(i) In general.--Except as provided in
clause (ii), a State shall not use more than 10
percent of the funds received under this
subsection during a fiscal year for
administrative costs under subparagraph
(A)(ix).
``(ii) Exception.--The limitation under
clause (i) shall not apply to funds used by a
State as described in paragraph (3)(A)(ii).
``(3) Initial grants.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary shall distribute--
``(i) not more than $25,000,000 to each
State that submits to the Secretary, by not
later than 180 days after the date of enactment
of Energy Infrastructure Act, a request for
funding under this clause, including--
``(I) an estimate of the number of
jobs that will be created or saved
through the activities proposed to be
funded; and
``(II) a certification that--
``(aa) the State is a
Member State or Associate
Member State of the Interstate
Oil and Gas Compact Commission;
``(bb) there are 1 or more
documented orphaned wells
located in the State; and
``(cc) the State will use
not less than 90 percent of the
funding requested under this
subsection to issue new
contracts, amend existing
contracts, or issue grants for
plugging, remediation, and
reclamation work by not later
than 90 days after the date of
receipt of the funds; and
``(ii) not more than $5,000,000 to each
State that--
``(I) requests funding under this
clause;
``(II) does not receive a grant
under clause (i); and
``(III) certifies to the Secretary
that--
``(aa) the State--
``(AA) has in
effect a plugging,
remediation, and
reclamation program for
orphaned wells; or
``(BB) the capacity
to initiate such a
program; or
``(bb) the funds provided
under this paragraph will be
used to carry out any
administrative actions
necessary to develop an
application for a formula grant
under paragraph (4) or a
performance grant under
paragraph (5).
``(B) Distribution.--Subject to the availability of
appropriations, the Secretary shall distribute funds to
a State under this paragraph by not later than the date
that is 30 days after the date on which the State
submits to the Secretary the certification required
under clause (i)(II) or (ii)(III) of subparagraph (A),
as applicable.
``(C) Deadline for expenditure.--A State that
receives funds under this paragraph shall reimburse the
Secretary in an amount equal to the amount of the funds
that remain unobligated on the date that is 1 year
after the date of receipt of the funds.
``(D) Report.--Not later than 15 months after the
date on which a State receives funds under this
paragraph, the State shall submit to the Secretary a
report that describes the means by which the State used
the funds in accordance with the certification
submitted by the State under subparagraph (A).
``(4) Formula grants.--
``(A) Establishment.--
``(i) In general.--The Secretary shall
establish a formula for the distribution to
each State described in clause (ii) of funds
under this paragraph.
``(ii) Description of states.--A State
referred to in clause (i) is a State that, by
not later than 45 days after the date of
enactment of the Energy Infrastructure Act,
submits to the Secretary a notice of the intent
of the State to submit an application under
subparagraph (B), including a description of
the factors described in clause (iii) with
respect to the State.
``(iii) Factors.--The formula established
under clause (i) shall account for, with
respect to an applicant State, the following
factors:
``(I) Job losses in the oil and gas
industry in the State during the
period--
``(aa) beginning on March
1, 2020; and
``(bb) ending on the date
of enactment of the Energy
Infrastructure Act.
``(II) The number of documented
orphaned wells located in the State,
and the projected cost--
``(aa) to plug or reclaim
those orphaned wells;
``(bb) to reclaim adjacent
land; and
``(cc) to decommission or
remove associated pipelines,
facilities, and infrastructure.
``(iv) Publication.--Not later than 75 days
after the date of enactment of the Energy
Infrastructure Act, the Secretary shall publish
on a public website the amount that each State
is eligible to receive under the formula under
this subparagraph.
``(B) Application.--To be eligible to receive a
formula grant under this paragraph, a State shall
submit to the Secretary an application that includes--
``(i) a description of--
``(I) the State program for
orphaned well plugging, remediation,
and restoration, including legal
authorities, processes used to identify
and prioritize orphaned wells,
procurement mechanisms, and other
program elements demonstrating the
readiness of the State to carry out
proposed activities using the grant;
``(II) the activities to be carried
out with the grant, including an
identification of the estimated health,
safety, habitat, and environmental
benefits of plugging, remediating, or
reclaiming orphaned wells; and
``(III) the means by which the
information regarding the activities of
the State under this paragraph will be
made available on a public website;
``(ii) an estimate of--
``(I) the number of orphaned wells
in the State that will be plugged,
remediated, or reclaimed;
``(II) the projected cost of--
``(aa) plugging,
remediating, or reclaiming
orphaned wells;
``(bb) remediating or
reclaiming adjacent land; and
``(cc) decommissioning or
removing associated pipelines,
facilities, and infrastructure;
``(III) the amount of that
projected cost that will be offset by
the forfeiture of financial assurance
instruments, the estimated salvage of
well site equipment, or other proceeds
from the orphaned wells and adjacent
land;
``(IV) the number of jobs that will
be created or saved through the
activities to be funded under this
paragraph; and
``(V) the amount of funds to be
spent on administrative costs;
``(iii) a certification that any financial
assurance instruments available to cover
plugging, remediation, or reclamation costs
will be used by the State; and
``(iv) the definitions and processes used
by the State to formally identify a well as--
``(I) an orphaned well; or
``(II) if the State uses different
terminology, otherwise eligible for
plugging, remediation, and reclamation
by the State.
``(C) Distribution.--Subject to the availability of
appropriations, the Secretary shall distribute funds to
a State under this paragraph by not later than the date
that is 60 days after the date on which the State
submits to the Secretary a completed application under
subparagraph (B).
``(D) Deadline for expenditure.--A State that
receives funds under this paragraph shall reimburse the
Secretary in an amount equal to the amount of the funds
that remain unobligated on the date that is 5 years
after the date of receipt of the funds.
``(E) Consultation.--In making a determination
under this paragraph regarding the eligibility of a
State to receive a formula grant, the Secretary shall
consult with--
``(i) the Administrator of the
Environmental Protection Agency;
``(ii) the Secretary of Energy; and
``(iii) the Interstate Oil and Gas Compact
Commission.
``(5) Performance grants.--
``(A) Establishment.--The Secretary shall provide
to States, in accordance with this paragraph--
``(i) regulatory improvement grants under
subparagraph (E); and
``(ii) matching grants under subparagraph
(F).
``(B) Application.--To be eligible to receive a
grant under this paragraph, a State shall submit to the
Secretary an application including--
``(i) each element described in an
application for a grant under paragraph (4)(B);
``(ii) activities carried out by the State
to address orphaned wells located in the State,
including--
``(I) increasing State spending on
well plugging, remediation, and
reclamation; or
``(II) improving regulation of oil
and gas wells; and
``(iii) the means by which the State will
use funds provided under this paragraph--
``(I) to lower unemployment in the
State; and
``(II) to improve economic
conditions in economically distressed
areas of the State.
``(C) Distribution.--Subject to the availability of
appropriations, the Secretary shall distribute funds to
a State under this paragraph by not later than the date
that is 60 days after the date on which the State
submits to the Secretary a completed application under
subparagraph (B).
``(D) Consultation.--In making a determination
under this paragraph regarding the eligibility of a
State to receive a grant under subparagraph (E) or (F),
the Secretary shall consult with--
``(i) the Administrator of the
Environmental Protection Agency;
``(ii) the Secretary of Energy; and
``(iii) the Interstate Oil and Gas Compact
Commission.
``(E) Regulatory improvement grants.--
``(i) In general.--Beginning on the date
that is 180 days after the date on which an
initial grant is provided to a State under
paragraph (3), the Secretary shall, subject to
the availability of appropriations, provide to
the State a regulatory improvement grant under
this subparagraph, if the State meets, during
the 10-year period ending on the date on which
the State submits to the Secretary an
application under subparagraph (B), 1 of the
following criteria:
``(I) The State has strengthened
plugging standards and procedures
designed to ensure that wells located
in the State are plugged in an
effective manner that protects
groundwater and other natural
resources, public health and safety,
and the environment.
``(II) The State has made
improvements to State programs designed
to reduce future orphaned well burdens,
such as financial assurance reform,
alternative funding mechanisms for
orphaned well programs, and reforms to
programs relating to well transfer or
temporary abandonment.
``(ii) Limitations.--
``(I) Number.--The Secretary may
issue to a State under this
subparagraph not more than 1 grant for
each criterion described in subclause
(I) or (II) of clause (i).
``(II) Maximum amount.--The amount
of a single grant provided to a State
under this subparagraph shall be not
more than $20,000,000.
``(iii) Reimbursement for failure to
maintain protections.--A State that receives a
grant under this subparagraph shall reimburse
the Secretary in an amount equal to the amount
of the grant in any case in which, during the
10-year period beginning on the date of receipt
of the grant, the State enacts a law or
regulation that, if in effect on the date of
submission of the application under
subparagraph (B), would have prevented the
State from being eligible to receive the grant
under clause (i).
``(F) Matching grants.--
``(i) In general.--Beginning on the date
that is 180 days after the date on which an
initial grant is provided to a State under
paragraph (3), the Secretary shall, subject to
the availability of appropriations, provide to
the State funding, in an amount equal to the
difference between--
``(I) the average annual amount
expended by the State during the period
of fiscal years 2010 through 2019--
``(aa) to plug, remediate,
and reclaim orphaned wells; and
``(bb) to decommission or
remove associated pipelines,
facilities, or infrastructure;
and
``(II) the amount that the State
certifies to the Secretary the State
will expend, during the fiscal year in
which the State will receive the grant
under this subparagraph--
``(aa) to plug, remediate,
and reclaim orphaned wells;
``(bb) to remediate or
reclaim adjacent land; and
``(cc) to decommission or
remove associated pipelines,
facilities, and infrastructure.
``(ii) Limitations.--
``(I) Fiscal year.--The Secretary
may issue to a State under this
subparagraph not more than 1 grant for
each fiscal year.
``(II) Total funds provided.--The
Secretary may provide to a State under
this subparagraph a total amount equal
to not more than $30,000,000 during the
period of fiscal years 2022 through
2031.
``(d) Tribal Orphaned Well Site Plugging, Remediation, and
Restoration.--
``(1) Establishment.--The Secretary shall establish a
program under which the Secretary shall--
``(A) provide to Indian Tribes grants in accordance
with this subsection; or
``(B) on request of an Indian Tribe and in lieu of
a grant under subparagraph (A), administer and carry
out plugging, remediation, and reclamation activities
in accordance with paragraph (7).
``(2) Eligible activities.--
``(A) In general.--An Indian Tribe may use a grant
received under this subsection--
``(i) to plug, remediate, or reclaim an
orphaned well on Tribal land;
``(ii) to remediate soil and restore native
species habitat that has been degraded due to
the presence of an orphaned well or associated
pipelines, facilities, or infrastructure on
Tribal land;
``(iii) to remediate Tribal land adjacent
to orphaned wells and decommission or remove
associated pipelines, facilities, and
infrastructure;
``(iv) to provide an online public
accounting of the cost of plugging,
remediation, and reclamation for each orphaned
well site on Tribal land;
``(v) to identify and characterize
undocumented orphaned wells on Tribal land; and
``(vi) to develop or administer a Tribal
program to carry out any activities described
in clauses (i) through (v).
``(B) Administrative cost limitation.--
``(i) In general.--Except as provided in
clause (ii), an Indian Tribe shall not use more
than 10 percent of the funds received under
this subsection during a fiscal year for
administrative costs under subparagraph
(A)(vi).
``(ii) Exception.--The limitation under
clause (i) shall not apply to any funds used to
carry out an administrative action necessary
for the development of a Tribal program
described in subparagraph (A)(vi).
``(3) Factors for consideration.--In determining whether to
provide to an Indian Tribe a grant under this subsection, the
Secretary shall take into consideration--
``(A) the unemployment rate of the Indian Tribe on
the date on which the Indian Tribe submits an
application under paragraph (4); and
``(B) the estimated number of orphaned wells on the
Tribal land of the Indian Tribe.
``(4) Application.--To be eligible to receive a grant under
this subsection, an Indian Tribe shall submit to the Secretary
an application that includes--
``(A) a description of--
``(i) the Tribal program for orphaned well
plugging, remediation, and restoration,
including legal authorities, processes used to
identify and prioritize orphaned wells,
procurement mechanisms, and other program
elements demonstrating the readiness of the
Indian Tribe to carry out the proposed
activities, or plans to develop such a program;
and
``(ii) the activities to be carried out
with the grant, including an identification of
the estimated health, safety, habitat, and
environmental benefits of plugging,
remediating, or reclaiming orphaned wells and
remediating or reclaiming adjacent land; and
``(B) an estimate of--
``(i) the number of orphaned wells that
will be plugged, remediated, or reclaimed; and
``(ii) the projected cost of--
``(I) plugging, remediating, or
reclaiming orphaned wells;
``(II) remediating or reclaiming
adjacent land; and
``(III) decommissioning or removing
associated pipelines, facilities, and
infrastructure.
``(5) Distribution.--Subject to the availability of
appropriations, the Secretary shall distribute funds to an
Indian Tribe under this subsection by not later than the date
that is 60 days after the date on which the Indian Tribe
submits to the Secretary a completed application under
paragraph (4).
``(6) Deadline for expenditure.--An Indian Tribe that
receives funds under this subsection shall reimburse the
Secretary in an amount equal to the amount of the funds that
remain unobligated on the date that is 5 years after the date
of receipt of the funds, except for cases in which the
Secretary has granted the Indian Tribe an extended deadline for
completion of the eligible activities after consultation.
``(7) Delegation to secretary in lieu of a grant.--
``(A) In general.--In lieu of a grant under this
subsection, an Indian Tribe may submit to the Secretary
a request for the Secretary to administer and carry out
plugging, remediation, and reclamation activities
relating to an orphaned well on behalf of the Indian
Tribe.
``(B) Administration.--Subject to the availability
of appropriations under subsection (h)(1)(E), on
submission of a request under subparagraph (A), the
Secretary shall administer or carry out plugging,
remediation, and reclamation activities for an orphaned
well on Tribal land.
``(e) Technical Assistance.--The Secretary of Energy, in
cooperation with the Secretary and the Interstate Oil and Gas Compact
Commission, shall provide technical assistance to the Federal land
management agencies and oil and gas producing States and Indian Tribes
to support practical and economical remedies for environmental problems
caused by orphaned wells on Federal land, Tribal land, and State and
private land, including the sharing of best practices in the management
of oil and gas well inventories to ensure the availability of funds to
plug, remediate, and restore oil and gas well sites on cessation of
operation.
``(f) Report to Congress.--Not later than 1 year after the date of
enactment of the Energy Infrastructure Act, and not less frequently
than annually thereafter, the Secretary shall submit to the Committees
on Appropriations and Energy and Natural Resources of the Senate and
the Committees on Appropriations and Natural Resources of the House of
Representatives a report describing the program established and grants
awarded under this section, including--
``(1) an updated inventory of wells located on Federal
land, Tribal land, and State and private land that are--
``(A) orphaned wells; or
``(B) at risk of becoming orphaned wells;
``(2) an estimate of the quantities of--
``(A) methane and other gasses emitted from
orphaned wells; and
``(B) emissions reduced as a result of plugging,
remediating, and reclaiming orphaned wells;
``(3) the number of jobs created and saved through the
plugging, remediation, and reclamation of orphaned wells; and
``(4) the acreage of habitat restored using grants awarded
to plug, remediate, and reclaim orphaned wells and to remediate
or reclaim adjacent land, together with a description of the
purposes for which that land is likely to be used in the
future.
``(g) Effect of Section.--
``(1) No expansion of liability.--Nothing in this section
establishes or expands the responsibility or liability of any
entity with respect to--
``(A) plugging any well; or
``(B) remediating or reclaiming any well site.
``(2) Tribal land.--Nothing in this section--
``(A) relieves the Secretary of any obligation
under section 3 of the Act of May 11, 1938 (25 U.S.C.
396c; 52 Stat. 348, chapter 198), to plug, remediate,
or reclaim an orphaned well located on Tribal land; or
``(B) absolves the United States from a
responsibility to plug, remediate, or reclaim an
orphaned well located on Tribal land or any other
responsibility to an Indian Tribe, including any
responsibility that derives from--
``(i) the trust relationship between the
United States and Indian Tribes;
``(ii) any treaty, law, or Executive order;
or
``(iii) any agreement between the United
States and an Indian Tribe.
``(3) Owner or operator not absolved.--Nothing in this
section absolves the owner or operator of an oil or gas well of
any potential liability for--
``(A) reimbursement of any plugging or reclamation
costs associated with the well; or
``(B) any adverse effect of the well on the
environment.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2022, to remain available until September
30, 2030:
``(1) to the Secretary--
``(A) $250,000,000 to carry out the program under
subsection (b);
``(B) $775,000,000 to provide grants under
subsection (c)(3);
``(C) $2,000,000,000 to provide grants under
subsection (c)(4);
``(D) $1,500,000,000 to provide grants under
subsection (c)(5); and
``(E) $150,000,000 to carry out the program under
subsection (d);
``(2) to the Secretary of Energy, $30,000,000 to conduct
research and development activities in cooperation with the
Interstate Oil and Gas Compact Commission to assist the Federal
land management agencies, States, and Indian Tribes in--
``(A) identifying and characterizing undocumented
orphaned wells; and
``(B) mitigating the environmental risks of
undocumented orphaned wells; and
``(3) to the Interstate Oil and Gas Compact Commission,
$2,000,000 to carry out this section.''.
TITLE VII--ABANDONED MINE LAND RECLAMATION
SEC. 7001. ABANDONED MINE RECLAMATION FUND AUTHORIZATION OF
APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated, for
deposit into the Abandoned Mine Reclamation Fund established by section
401(a) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1231(a)) $11,293,000,000 for fiscal year 2022, to remain
available until expended.
(b) Use of Funds.--
(1) In general.--Subject to subsection (g), amounts made
available under subsection (a) shall be used to provide, as
expeditiously as practicable, to States and Indian Tribes
described in paragraph (2) annual grants for abandoned mine
land and water reclamation projects under the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
(2) Eligible grant recipients.--Grants may be made under
paragraph (1) to--
(A) States and Indian Tribes that have a State or
Tribal program approved under section 405 of the
Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1235);
(B) States and Indian Tribes that are certified
under section 411(a) of that Act (30 U.S.C. 1240a(a));
and
(C) States and Indian Tribes that are referred to
in section 402(g)(8)(B) of that Act (30 U.S.C.
1232(g)(8)(B)).
(3) Contract aggregation.--In applying for grants under
paragraph (1), States and Indian Tribes may aggregate bids into
larger statewide or regional contracts.
(c) Covered Activities.--Grants under subsection (b)(1) shall only
be used for activities described in subsections (a) and (b) of section
403 and section 410 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1233, 1240).
(d) Allocation.--
(1) In general.--Subject to subsection (e), the Secretary
of the Interior shall allocate and distribute amounts made
available for grants under subsection (b)(1) to States and
Indian Tribes on an equal annual basis over a 15-year period
beginning on the date of enactment of this Act, based on the
number of tons of coal historically produced in the States or
from the applicable Indian land before August 3, 1977,
regardless of whether the State or Indian Tribe is certified
under section 411(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1240a(a)).
(2) Surface mining control and reclamation act exception.--
Section 401(f)(3)(B) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not
apply to grant funds distributed under subsection (b)(1).
(3) Report to congress on allocations.--
(A) In general.--Not later than 6 years after the
date on which the first allocation to States and Indian
Tribes is made under paragraph (1), the Secretary of
the Interior shall submit to Congress a report that
describes any progress made under this section in
addressing outstanding reclamation needs under
subsection (a) or (b) of section 403 or section 410 of
the Surface Mining Control and Reclamation and Act of
1977 (30 U.S.C. 1233, 1240).
(B) Input.--The Secretary of the Interior shall--
(i) prior to submitting the report under
subparagraph (A), solicit the input of the
States and Indian Tribes regarding the progress
referred to in that subparagraph; and
(ii) include in the report submitted to
Congress under that subparagraph a description
of any input received under clause (i).
(4) Redistribution of funds.--
(A) Evaluation.--Not later than 20 years after the
date of enactment of this Act, the Secretary of the
Interior shall evaluate grant payments to States and
Indian Tribes made under this section.
(B) Unused funds.--On completion of the evaluation
under subparagraph (A), States and Indian Tribes shall
return any unused funds under this section to the
Abandoned Mine Reclamation Fund.
(e) Total Amount of Grant.--The total amount of grant funding
provided under subsection (b)(1) to an eligible State or Indian Tribe
shall be not less than $20,000,000, to the extent that the amount
needed for reclamation projects described in that subsection on the
land of the State or Indian Tribe is not less than $20,000,000.
(f) Priority.--In addition to the priorities described in section
403(a) of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(a)), in providing grants under this section, priority may
also be given to reclamation projects described in subsection (b)(1)
that provide employment for current and former employees of the coal
industry.
(g) Reservation.--Of the funds made available under subsection (a),
$25,000,000 shall be made available to the Secretary of the Interior to
provide States and Indian Tribes with the financial and technical
assistance necessary for the purpose of making amendments to the
inventory maintained under section 403(c) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1233(c)).
SEC. 7002. ABANDONED MINE RECLAMATION FEE.
(a) Amount.--Section 402(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended--
(1) by striking ``28 cents'' and inserting ``22.4 cents'';
(2) by striking ``12 cents'' and inserting ``9.6 cents'';
and
(3) by striking ``8 cents'' and inserting ``6.4 cents''.
(b) Duration.--Section 402(b) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
``September 30, 2021'' and inserting ``September 30, 2034''.
SEC. 7003. AMOUNTS DISTRIBUTED FROM ABANDONED MINE RECLAMATION FUND.
Section 401(f)(2) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1231(f)(2)) is amended--
(1) in subparagraph (A)--
(A) in the subparagraph heading, by striking
``2022'' and inserting ``2035''; and
(B) in the matter preceding clause (i), by striking
``2022'' and inserting ``2035''; and
(2) in subparagraph (B)--
(A) in the subparagraph heading, by striking
``2023'' and inserting ``2036'';
(B) by striking ``2023'' and inserting ``2036'';
and
(C) by striking ``2022'' and inserting ``2035''.
SEC. 7004. ABANDONED HARDROCK MINE RECLAMATION.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the Interior (referred to in
this section as the ``Secretary'') shall establish a program to
inventory, assess, decommission, reclaim, respond to hazardous
substance releases on, and remediate abandoned hardrock mine land based
on conditions including need, public health and safety, potential
environmental harm, and other land use priorities.
(b) Award of Grants.--Subject to the availability of funds, the
Secretary shall provide grants on a competitive or formula basis to
States and Indian Tribes that have jurisdiction over abandoned hardrock
mine land to reclaim that land.
(c) Eligibility.--Amounts made available under this section may
only be used for Federal, State, Tribal, local, and private land that
has been affected by past hardrock mining activities, and water
resources that traverse or are contiguous to such land, including any
of the following:
(1) Land and water resources that were--
(A) used for, or affected by, hardrock mining
activities; and
(B) abandoned or left in an inadequate reclamation
status before the date of enactment of this Act.
(2) Land for which the Secretary makes a determination that
there is no continuing reclamation responsibility of a claim
holder, liable party, operator, or other person that abandoned
the site prior to completion of required reclamation under
Federal or State law.
(d) Eligible Activities.--
(1) In general.--Amounts made available to carry out this
section shall be used for the purposes described in subsection
(a).
(2) Exclusion.--Amounts made available to carry out this
section may not be used to fulfill obligations under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in a
legal settlement or imposed by a court, whether for payment of
funds or for work to be performed.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $3,000,000,000, to remain available
until expended, of which--
(A) 50 percent shall be for grants to States and
Indian Tribes under subsection (b) for eligible
activities described in subsection (d)(1); and
(B) 50 percent shall be for available to the
Secretary for eligible activities described in
subsection (d)(1) on Federal land.
(2) Transfer.--The Secretary may transfer amounts made
available to the Secretary under paragraph (1)(B) to the
Secretary of Agriculture for activities described in subsection
(a) on National Forest System land.
TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
MANAGEMENT, AND ECOSYSTEM RESTORATION
SEC. 8001. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM.
(a) Establishment.--Public Law 88-657 (16 U.S.C. 532 et seq.)
(commonly known as the ``Forest Roads and Trails Act'') is amended by
adding at the end the following:
``SEC. 8. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM.
``(a) Establishment.--The Secretary shall establish the Forest
Service Legacy Road and Trail Remediation Program (referred to in this
section as the `Program').
``(b) Activities.--In carrying out the Program, the Secretary
shall, taking into account foreseeable changes in weather and
hydrology--
``(1) restore passages for fish and other aquatic species
by--
``(A) improving, repairing, or replacing culverts
and other infrastructure; and
``(B) removing barriers, as the Secretary
determines appropriate, from the passages;
``(2) decommission unauthorized user-created roads and
trails that are not a National Forest System road or a National
Forest System trail, if the applicable unit of the National
Forest System has published--
``(A) a Motor Vehicle Use Map and the road is not
identified as a National Forest System road on that
Motor Vehicle Use Map; or
``(B) a map depicting the authorized trails in the
applicable unit of the National Forest System and the
trail is not identified as a National Forest System
trail on that map;
``(3) prepare previously closed National Forest System
roads for long-term storage, in accordance with subsections
(c)(1) and (d), in a manner that--
``(A) prevents motor vehicle use, as appropriate to
conform to route designations;
``(B) prevents the roads from damaging adjacent
resources, including aquatic and wildlife resources;
``(C) reduces or eliminates the need for road
maintenance; and
``(D) preserves the roads for future use;
``(4) decommission previously closed National Forest System
roads and trails in accordance with subsections (c)(1) and (d);
``(5) relocate National Forest System roads and trails--
``(A) to increase resilience to extreme weather
events, flooding, and other natural disasters; and
``(B) to respond to changing resource conditions
and public input;
``(6) convert National Forest System roads to National
Forest System trails, while allowing for continued use for
motorized and nonmotorized recreation, to the extent the use is
compatible with the management status of the road or trail;
``(7) decommission temporary roads--
``(A) that were constructed before the date of
enactment of this section--
``(i) for emergency operations; or
``(ii) to facilitate a resource extraction
project;
``(B) that were designated as a temporary road by
the Secretary; and
``(C)(i) in violation of section 10(b) of the
Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1608(b)), on which vegetation cover
has not been reestablished; or
``(ii) that have not been fully decommissioned; and
``(8) carry out projects on National Forest System roads,
trails, and bridges to improve resilience to extreme weather
events, flooding, or other natural disasters.
``(c) Project Selection.--
``(1) Project eligibility.--
``(A) In general.--The Secretary may only fund
under the Program a project described in paragraph (3)
or (4) of subsection (b) if the Secretary previously
and separately--
``(i) solicited public comment for changing
the management status of the applicable
National Forest System road or trail--
``(I) to close the road or trail to
access; and
``(II) to minimize impacts to
natural resources; and
``(ii) has closed the road or trail to
access as described in clause (i)(I).
``(B) Requirement.--Each project carried out under
the Program shall be on a National Forest System road
or trail, except with respect to--
``(i) a project described in subsection
(b)(2); or
``(ii) a project carried out on a watershed
for which the Secretary has entered into a
cooperative agreement under section 323 of the
Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1011a).
``(2) Annual selection of projects for funding.--The
Secretary shall--
``(A) establish a process for annually selecting
projects for funding under the Program, consistent with
the requirements of this section;
``(B) solicit and consider public input regionally
in the ranking of projects for funding under the
Program;
``(C) give priority for funding under the Program
to projects that would--
``(i) protect or improve water quality in
public drinking water source areas;
``(ii) restore the habitat of a threatened,
endangered, or sensitive fish or wildlife
species; or
``(iii) maintain future access to the
adjacent area for the public, contractors,
permittees, or firefighters; and
``(D) publish on the website of the Forest
Service--
``(i) the selection process established
under subparagraph (A); and
``(ii) a list that includes a description
and the proposed outcome of each project funded
under the Program in each fiscal year.
``(d) Implementation.--In implementing the Program, the Secretary
shall ensure that--
``(1) the system of roads and trails on the applicable unit
of the National Forest System--
``(A) is adequate to meet any increasing demands
for timber, recreation, and other uses;
``(B) provides for intensive use, protection,
development, and management of the land under
principles of multiple use and sustained yield of
products and services;
``(C) does not damage, degrade, or impair adjacent
resources, including aquatic and wildlife resources, to
the extent practicable;
``(D) reflects long-term funding expectations; and
``(E) is adequate for supporting emergency
operations, such as evacuation routes during wildfires,
floods, and other natural disasters; and
``(2) all projects funded under the Program are consistent
with any applicable forest plan or travel management plan.
``(e) Savings Clause.--A decision to fund a project under the
Program shall not affect any determination made previously or to be
made in the future by the Secretary with regard to road or trail
closures.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture to carry out section 8 of
Public Law 88-657 (commonly known as the ``Forest Roads and Trails
Act'') $250,000,000 for the period of fiscal years 2022 through 2026.
SEC. 8002. STUDY AND REPORT ON FEASIBILITY OF REVEGETATING RECLAIMED
MINE SITES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior, acting through the Director
of the Office of Surface Mining Reclamation and Enforcement, shall
conduct, and submit to Congress a report describing the results of, a
study on the feasibility of revegetating reclaimed mined sites.
(b) Inclusions.--The report submitted under subsection (a) shall
include--
(1) recommendations for how a program could be implemented
through the Office of Surface Mining Reclamation and
Enforcement to revegetate reclaimed mined sites;
(2) identifications of reclaimed mine sites that would be
suitable for inclusion in such a program, including sites on
land that--
(A) is subject to title IV of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231 et
seq.); and
(B) is not subject to that title;
(3) a description of any barriers to implementation of such
a program, including whether the program would potentially
interfere with the authorities contained in, or the
implementation of, the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1201 et seq.), including the Abandoned
Mine Reclamation Fund created by section 401 of that Act (30
U.S.C. 1231) and State reclamation programs under section 405
of that Act (30 U.S.C. 1235); and
(4) a description of the potential for job creation and
workforce needs if such a program was implemented.
SEC. 8003. WILDFIRE RISK REDUCTION.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior and the Secretary of
Agriculture, acting through the Chief of the Forest Service, for the
activities described in subsection (c), $3,369,200,000 for the period
of fiscal years 2022 through 2026.
(b) Treatment.--Of the Federal land or Indian forest land or
rangeland that has been identified as having a very high wildfire
hazard potential, the Secretary of the Interior and the Secretary of
Agriculture, acting through the Chief of the Forest Service, shall, by
not later than September 30, 2027, conduct restoration treatments and
improve the Fire Regime Condition Class of 10,000,000 acres that are
located in--
(1) the wildland-urban interface; or
(2) a public drinking water source area.
(c) Activities.--Of the amounts made available under subsection (a)
for the period of fiscal years 2022 through 2026--
(1) $20,000,000 shall be made available for entering into
an agreement with the Administrator of the National Oceanic and
Atmospheric Administration to establish and operate a program
that makes use of the Geostationary Operational Environmental
Satellite Program to rapidly detect and report wildfire starts
in all areas in which the Secretary of the Interior or the
Secretary of Agriculture has financial responsibility for
wildland fire protection and prevention, of which--
(A) $10,000,000 shall be made available to the
Secretary of the Interior; and
(B) $10,000,000 shall be made available to the
Secretary of Agriculture;
(2) $600,000,000 shall be made available for the salaries
and expenses of Federal wildland firefighters in accordance
with subsection (d), of which--
(A) $120,000,000 shall be made available to the
Secretary of the Interior; and
(B) $480,000,000 shall be made available to the
Secretary of Agriculture;
(3) $10,000,000 shall be made available to the Secretary of
the Interior to acquire technology and infrastructure for each
Type I and Type II incident management team to maintain
interoperability with respect to the radio frequencies used by
any responding agency;
(4) $30,000,000 shall be made available to the Secretary of
Agriculture to provide financial assistance to States, Indian
Tribes, and units of local government to establish and operate
Reverse-911 telecommunication systems;
(5) $50,000,000 shall be made available to the Secretary of
the Interior to establish and implement a pilot program to
provide to local governments financial assistance for the
acquisition of slip-on tanker units to establish fleets of
vehicles that can be quickly converted to be operated as fire
engines;
(6) $1,200,000 shall be made available to the Secretary of
Agriculture, in coordination with the Secretary of the
Interior, to develop and publish, not later than 180 days after
the date of enactment of this Act, and every 5 years
thereafter, a map depicting at-risk communities (as defined in
section 101 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511)), including Tribal at-risk communities;
(7) $100,000,000 shall be made available to the Secretary
of the Interior and the Secretary of Agriculture--
(A) for--
(i) preplanning fire response workshops
that develop--
(I) potential operational
delineations; and
(II) select potential control
locations; and
(ii) workforce training for staff, non-
Federal firefighters, and Native village fire
crews for--
(I) wildland firefighting; and
(II) increasing the pace and scale
of vegetation treatments, including
training on how to prepare and
implement large landscape treatments;
and
(B) of which--
(i) $50,000,000 shall be made available to
the Secretary of the Interior; and
(ii) $50,000,000 shall be made available to
the Secretary of Agriculture;
(8) $20,000,000 shall be made available to the Secretary of
Agriculture to enter into an agreement with a Southwest
Ecological Restoration Institute established under the
Southwest Forest Health and Wildfire Prevention Act of 2004 (16
U.S.C. 6701 et seq.)--
(A) to compile and display existing data, including
geographic data, for hazardous fuel reduction or
wildfire prevention treatments undertaken by the
Secretary of the Interior or the Secretary of
Agriculture, including treatments undertaken with
funding provided under this title;
(B) to compile and display existing data, including
geographic data, for large wildfires, as defined by the
National Wildfire Coordinating Group, that occur in the
United States;
(C) to facilitate coordination and use of existing
and future interagency fuel treatment data, including
geographic data, for the purposes of--
(i) assessing and planning cross-boundary
fuel treatments; and
(ii) monitoring the effects of treatments
on wildfire outcomes and ecosystem restoration
services, using the data compiled under
subparagraphs (A) and (B);
(D) to publish a report every 5 years showing the
extent to which treatments described in subparagraph
(A) and previous wildfires affect the boundaries of
wildfires, categorized by--
(i) Federal land management agency;
(ii) region of the United States; and
(iii) treatment type; and
(E) to carry out other related activities of a
Southwest Ecological Restoration Institute, as
authorized by the Southwest Forest Health and Wildfire
Prevention Act of 2004 (16 U.S.C. 6701 et seq.);
(9) $20,000,000 shall be available for activities conducted
under the Joint Fire Science Program, of which--
(A) $10,000,000 shall be made available to the
Secretary of the Interior; and
(B) $10,000,000 shall be made available to the
Secretary of Agriculture;
(10) $100,000,000 shall be made available to the Secretary
of Agriculture for collaboration and collaboration-based
activities, including facilitation, certification of
collaboratives, and planning and implementing projects under
the Collaborative Forest Landscape Restoration Program
established under section 4003 of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303) in accordance with
subsection (e);
(11) $500,000,000 shall be made available to the Secretary
of the Interior and the Secretary of Agriculture--
(A) for--
(i) conducting mechanical thinning and
timber harvesting in an ecologically
appropriate manner that maximizes the retention
of large trees, as appropriate for the forest
type, to the extent that the trees promote
fire-resilient stands; or
(ii) precommercial thinning in young growth
stands for wildlife habitat benefits to provide
subsistence resources; and
(B) of which--
(i) $100,000,000 shall be made available to
the Secretary of the Interior; and
(ii) $400,000,000 shall be made available
to the Secretary of Agriculture;
(12) $500,000,000 shall be made available to the Secretary
of Agriculture, in cooperation with States, to award community
wildfire defense grants to at-risk communities in accordance
with subsection (f);
(13) $500,000,000 shall be made available for planning and
conducting prescribed fires and related activities, of which--
(A) $250,000,000 shall be made available to the
Secretary of the Interior; and
(B) $250,000,000 shall be made available to the
Secretary of Agriculture;
(14) $500,000,000 shall be made available for developing or
improving potential control locations, in accordance with
paragraph (7)(A)(i)(II), including installing fuelbreaks
(including fuelbreaks studied under subsection (i)), with a
focus on shaded fuelbreaks when ecologically appropriate, of
which--
(A) $250,000,000 shall be made available to the
Secretary of the Interior; and
(B) $250,000,000 shall be made available to the
Secretary of Agriculture;
(15) $200,000,000 shall be made available for contracting
or employing crews of laborers to modify and remove flammable
vegetation on Federal land and for using materials from
treatments, to the extent practicable, to produce biochar and
other innovative wood products, including through the use of
existing locally based organizations that engage young adults,
Native youth, and veterans in service projects, such as youth
and conservation corps, of which--
(A) $100,000,000 shall be made available to the
Secretary of the Interior; and
(B) $100,000,000 shall be made available to the
Secretary of Agriculture;
(16) $200,000,000 shall be made available for post-fire
restoration activities that are implemented not later than 3
years after the date that a wildland fire is contained, of
which--
(A) $100,000,000 shall be made available to the
Secretary of the Interior; and
(B) $100,000,000 shall be made available to the
Secretary of Agriculture;
(17) $8,000,000 shall be made available to the Secretary of
Agriculture--
(A) to provide feedstock to firewood banks; and
(B) to provide financial assistance for the
operation of firewood banks; and
(18) $10,000,000 shall be available to the Secretary of the
Interior and the Secretary of Agriculture for the procurement
and placement of wildfire detection and real-time monitoring
equipment, such as sensors, cameras, and other relevant
equipment, in areas at risk of wildfire or post-burned areas.
(d) Wildland Firefighters.--
(1) In general.--Subject to the availability of
appropriations, not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall, using the amounts made
available under subsection (c)(2), coordinate with the Director
of the Office of Personnel Management to develop a distinct
``wildland firefighter'' occupational series.
(2) Hazardous duty differential not affected.--Section
5545(d)(1) of title 5, United States Code, is amended by
striking ``except'' and all that follows through ``and'' at the
end and inserting the following: ``except--
``(A) an employee in an occupational series
covering positions for which the primary duties involve
the prevention, control, suppression, or management of
wildland fires, as determined by the Office; and
``(B) in such other circumstances as the Office may
by regulation prescribe; and''.
(3) Current employees.--Any individual employed as a
wildland firefighter on the date on which the occupational
series established under paragraph (1) takes effect may elect--
(A) to remain in the occupational series in which
the individual is employed; or
(B) to be included in the ``wildland firefighter''
occupational series established under that paragraph.
(4) Permanent employees; increase in salary.--Using the
amounts made available under subsection (c)(2), beginning
October 1, 2021, the Secretary of the Interior and the
Secretary of Agriculture shall--
(A) seek to convert not fewer than 1,000 seasonal
wildland firefighters to wildland firefighters that--
(i) are full-time, permanent, year-round
Federal employees; and
(ii) reduce hazardous fuels on Federal land
not fewer than 800 hours per year; and
(B) increase the base salary of a Federal wildland
firefighter by the lesser of an amount that is
commensurate with an increase of $20,000 per year or an
amount equal to 50 percent of the base salary, if the
Secretary concerned, in coordination with the Director
of the Office of Personnel Management, makes a written
determination that the position of the Federal wildland
firefighter is located within a specified geographic
area in which it is difficult to recruit or retain a
Federal wildland firefighter.
(5) National wildfire coordinating group.--Using the
amounts made available under subsection (c)(2), not later than
October 1, 2022, the Secretary of the Interior and the
Secretary of Agriculture shall--
(A) develop and adhere to recommendations for
mitigation strategies for wildland firefighters to
minimize exposure due to line-of-duty environmental
hazards; and
(B) establish programs for permanent, temporary,
seasonal, and year-round wildland firefighters to
recognize and address mental health needs, including
post-traumatic stress disorder care.
(e) Collaborative Forest Landscape Restoration Program.--Subject to
the availability of appropriations, not later than 180 days after the
date of enactment of this Act, the Secretary of Agriculture shall,
using the amounts made available under subsection (c)(10)--
(1) solicit new project proposals under the Collaborative
Forest Landscape Restoration Program established under section
4003 of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 7303) (referred to in this subsection as the
``Program'');
(2) provide up to 5 years of additional funding of any
proposal originally selected for funding under the Program
prior to September 30, 2018--
(A) that has been approved for an extension of
funding by the Secretary of Agriculture prior to the
date of enactment of this Act; or
(B) that has been recommended for an extension of
funding by the advisory panel established under section
4003(e) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303(e)) prior to the date of enactment
of this Act that the Secretary of Agriculture
subsequently approves; and
(3) select project proposals for funding under the Program
in a manner that--
(A) gives priority to a project proposal that will
treat acres that--
(i) have been identified as having very
high wildfire hazard potential; and
(ii) are located in--
(I) the wildland-urban interface;
or
(II) a public drinking water source
area;
(B) takes into consideration--
(i) the cost per acre of Federal land or
Indian forest land or rangeland acres described
in subparagraph (A) to be treated; and
(ii) the number of acres described in
subparagraph (A) to be treated;
(C) gives priority to a project proposal that is
proposed by a collaborative that has successfully
accomplished treatments consistent with a written plan
that included a proposed schedule of completing those
treatments, which is not limited to an earlier proposal
funded under the Program; and
(D) discontinues funding for a project that fails
to achieve the results included in a project proposal
submitted under paragraph (1) for more than 2
consecutive years.
(f) Community Wildfire Defense Grant Program.--
(1) Establishment.--Subject to the availability of
appropriations, not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall,
using amounts made available under subsection (c)(12),
establish a program, which shall be separate from the program
established under section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133),
under which the Secretary of Agriculture, in cooperation with
the States, shall award grants to at-risk communities,
including Indian Tribes--
(A) to develop or revise a community wildfire
protection plan; and
(B) to carry out projects described in a community
wildfire protection plan that is not more than 10 years
old.
(2) Priority.--In awarding grants under the program
described in paragraph (1), the Secretary of Agriculture shall
give priority to an at-risk community that is--
(A) in an area identified by the Secretary of
Agriculture as having high or very high wildfire hazard
potential;
(B) a low-income community; or
(C) a community impacted by a severe disaster.
(3) Community wildfire defense grants.--
(A) Grant amounts.--A grant--
(i) awarded under paragraph (1)(A) shall be
for not more than $250,000; and
(ii) awarded under paragraph (1)(B) shall
be for not more than $10,000,000.
(B) Cost sharing requirement.--
(i) In general.--Expect as provided in
clause (ii), the non-Federal cost (including
the administrative cost) of carrying out a
project using funds from a grant awarded under
the program described in paragraph (1) shall
be--
(I) not less than 10 percent for a
grant awarded under paragraph (1)(A);
and
(II) not less than 25 percent for a
grant awarded under paragraph (1)(B).
(ii) Waiver.--The Secretary of Agriculture
may waive the cost-sharing requirement under
clause (i) for a project that serves an
underserved community.
(C) Eligibility.--The Secretary of Agriculture
shall not award a grant under paragraph (1) to an at-
risk community that is located in a county or community
that--
(i) is located in the continental United
States; and
(ii) has not adopted an ordinance or
regulation that requires the construction of
new roofs on buildings to adhere to standards
that are similar to, or more stringent than--
(I) the roof construction standards
established by the National Fire
Protection Association; or
(II) an applicable model building
code established by the International
Code Council.
(g) Priorities.--In carrying out projects using amounts made
available under this section, the Secretary of the Interior or the
Secretary of Agriculture, acting through the Chief of the Forest
Service, as applicable, shall prioritize funding for projects--
(1) for which any applicable processes under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have
been completed on the date of enactment of this Act;
(2) that reduce the likelihood of experiencing
uncharacteristically severe effects from a potential wildfire
by focusing on areas strategically important for reducing the
risks associated with wildfires;
(3) that maximize the retention of large trees, as
appropriate for the forest type, to the extent that the trees
promote fire-resilient stands;
(4) that do not include the establishment of permanent
roads;
(5) for which funding would be committed to decommission
all temporary roads constructed to carry out the project; and
(6) that fully maintain or contribute toward the
restoration of the structure and composition of old growth
stands consistent with the characteristics of that forest type,
taking into account the contribution of the old growth stand to
landscape fire adaption and watershed health, unless the old
growth stand is part of a science-based ecological restoration
project authorized by the Secretary concerned that meets
applicable protection and old growth enhancement objectives, as
determined by the Secretary concerned.
(h) Reports.-- The Secretary of the Interior and the Secretary of
Agriculture, acting through the Chief of the Forest Service, shall
complete and submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the House of
Representatives an annual report describing the number of acres of land
on which projects carried out using funds made available under this
section improved the Fire Regime Condition Class of the land described
in subsection (b).
(i) Wildfire Prevention Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
initiate a study of the construction and maintenance of a
system of strategically placed fuelbreaks to control wildfires
in western States.
(2) Review.--The study under paragraph (1) shall review--
(A) a full suite of manual, chemical, and
mechanical treatments; and
(B) the effectiveness of the system described in
that paragraph in reducing wildfire risk and protecting
communities.
(3) Determination.--Not later than 90 days after the date
of completion of the study under paragraph (1), the Secretary
of Agriculture shall determine whether to initiate the
preparation of a programmatic environmental impact statement
implementing the system described in that paragraph in
appropriate locations.
(j) Monitoring, Maintenance, and Treatment Plan and Strategy.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Agriculture and the
Secretary of the Interior shall establish a 5-year monitoring,
maintenance, and treatment plan that--
(A) describes activities under subsection (c) that
the Secretary of Agriculture and the Secretary of the
Interior will take to reduce the risk of wildfire by
conducting restoration treatments and improving the
Fire Regime Condition Class of 10,000,000 acres of
Federal land or Tribal Forest land or rangeland that is
identified as having very high wildfire hazard
potential, not including annual treatments otherwise
scheduled;
(B) establishes a process for prioritizing
treatments in areas and communities at the highest risk
of catastrophic wildfires;
(C) includes an innovative plan and process--
(i) to leverage public-private partnerships
and resources, shared stewardship agreements,
good neighbor agreements, and similar
contracting authorities;
(ii) to prioritize projects for which any
applicable processes under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) have been completed as of the
date of enactment of this Act;
(iii) to streamline subsequent projects
based on existing statutory or regulatory
authorities; and
(iv) to develop interagency teams to
increase coordination and efficiency under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321); and
(D) establishes a process for coordinating
prioritization and treatment with State and local
entities and affected stakeholders.
(2) Strategy.--Not later than 5 years after the date of
enactment of this Act, the Secretary of Agriculture and the
Secretary of the Interior, in coordination with State and local
governments, shall publish a long-term, outcome-based
monitoring, maintenance, and treatment strategy--
(A) to maintain forest health improvements and
wildfire risk reduction accomplished under this
section;
(B) to continue treatment at levels necessary to
address the 20,000,000 acres needing priority treatment
over the 10-year period beginning on the date of
publication of the strategy; and
(C) to proactively conduct treatment at a level
necessary to minimize the risk of wildfire to
surrounding at-risk communities.
(k) Authorized Hazardous Fuels Projects.--A project carried out
using funding authorized under paragraphs (11)(A)(i), (13), or (14) of
subsection (c) shall be considered an authorized hazardous fuel
reduction project pursuant to section 102 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6512).
SEC. 8004. ECOSYSTEM RESTORATION.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior and the Secretary of
Agriculture, acting through the Chief of the Forest Service, for the
activities described in subsection (b), $2,130,000,000 for the period
of fiscal years 2022 through 2026.
(b) Activities.--Of the amounts made available under subsection (a)
for the period of fiscal years 2022 through 2026--
(1) $300,000,000 shall be made available, in accordance
with subsection (c), to the Secretary of the Interior and the
Secretary of Agriculture--
(A) for--
(i) entering into contracts, including
stewardship contracts or agreements, the
purpose of each of which shall be to restore
ecological health on not fewer than 10,000
acres of Federal land, including Indian forest
land or rangeland, and for salaries and
expenses associated with preparing and
executing those contracts; and
(ii) establishing a Working Capital Fund
that may be accessed by the Secretary of the
Interior or the Secretary of Agriculture to
fund requirements of contracts described in
clause (i), including cancellation and
termination costs, consistent with section
604(h) of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591c(h)), and periodic
payments over the span of the contract period;
and
(B) of which--
(i) $50,000,000 shall be made available to
the Secretary of the Interior to enter into
contracts described in subparagraph (A)(i);
(ii) $150,000,000 shall be made available
to the Secretary of Agriculture to enter into
contracts described in subparagraph (A)(i); and
(iii) $100,000,000 shall be made available
until expended to the Secretary of the
Interior, notwithstanding any other provision
of this Act, to establish the Working Capital
Fund described in subparagraph (A)(ii);
(2) $200,000,000 shall be made available to provide to
States and Indian Tribes for implementing restoration projects
on Federal land pursuant to good neighbor agreements entered
into under section 8206 of the Agricultural Act of 2014 (16
U.S.C. 2113a) or agreements entered into under section 2(b) of
the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)),
of which--
(A) $40,000,000 shall be made available to the
Secretary of the Interior; and
(B) $160,000,000 shall be made available to the
Secretary of Agriculture;
(3) $400,000,000 shall be made available to the Secretary
of Agriculture to provide financial assistance to facilities
that purchase and process byproducts from ecosystem restoration
projects in accordance with subsection (d);
(4) $400,000,000 shall be made available to the Secretary
of the Interior to provide grants to States, territories of the
United States, and Indian Tribes for implementing voluntary
ecosystem restoration projects on private or public land, in
consultation with the Secretary of Agriculture, that--
(A) prioritizes funding cross-boundary projects;
and
(B) requires matching funding from the State,
territory of the United States, or Indian Tribe to be
eligible to receive the funding;
(5) $50,000,000 shall be made available to the Secretary of
Agriculture to award grants to States and Indian Tribes to
establish rental programs for portable skidder bridges, bridge
mats, or other temporary water crossing structures, to minimize
stream bed disturbance on non-Federal land and Federal land;
(6) $200,000,000 shall be made available for invasive
species detection, prevention, and eradication, including
conducting research and providing resources to facilitate
detection of invasive species at points of entry and awarding
grants for eradication of invasive species on non-Federal land
and on Federal land, of which--
(A) $100,000,000 shall be made available to the
Secretary of the Interior; and
(B) $100,000,000 shall be made available to the
Secretary of Agriculture;
(7) $100,000,000 shall be made available to restore,
prepare, or adapt recreation sites on Federal land, including
Indian forest land or rangeland, in accordance with subsection
(e);
(8) $200,000,000 shall be made available to restore native
vegetation and mitigate environmental hazards on mined land on
Federal and non-Federal land, of which--
(A) $100,000,000 shall be made available to the
Secretary of the Interior; and
(B) $100,000,000 shall be made available to the
Secretary of Agriculture;
(9) $200,000,000 shall be made available to establish and
implement a national revegetation effort on Federal and non-
Federal land, including to implement the National Seed Strategy
for Rehabilitation and Restoration, of which--
(A) $70,000,000 shall be made available to the
Secretary of the Interior; and
(B) $130,000,000 shall be made available to the
Secretary of Agriculture; and
(10) $80,000,000 shall be made available to the Secretary
of Agriculture, in coordination with the Secretary of the
Interior, to establish a collaborative-based, landscape-scale
restoration program to restore water quality or fish passage on
Federal land, including Indian forest land or rangeland, in
accordance with subsection (f).
(c) Ecological Health Restoration Contracts.--
(1) Submission of list of projects to congress.--Until the
date on which all of the amounts made available to carry out
subsection (b)(1)(A)(i) are expended, not later than 90 days
before the end of each fiscal year, the Secretary of the
Interior and the Secretary of Agriculture shall submit to the
Committee on Energy and Natural Resources and the Committee on
Appropriations of the Senate and the Committee on Natural
Resources and the Committee on Appropriations of the House of
Representatives a list of projects to be funded under that
subsection in the subsequent fiscal year, including--
(A) a detailed description of each project; and
(B) an estimate of the cost, including salaries and
expenses, for the project.
(2) Alternate allocation.--Appropriations Acts may provide
for alternate allocation of amounts made available under
subsection (b)(1), consistent with the allocations under
subparagraph (B) of that subsection.
(3) Lack of alternate allocations.--If Congress has not
enacted legislation establishing alternate allocations
described in paragraph (2) by the date on which the Act making
full-year appropriations for the Department of the Interior,
Environment, and Related Agencies for the applicable fiscal
year is enacted into law, amounts made available under
subsection (b)(1)(B) shall be allocated by the President.
(d) Wood Products Infrastructure.--The Secretary of Agriculture, in
coordination with the Secretary of the Interior, shall--
(1) develop a ranking system that categorizes units of
Federal land, including Indian forest land or rangeland, with
regard to treating areas at risk of unnaturally severe wildfire
or insect or disease infestation, as being--
(A) very low priority for ecological restoration
involving vegetation removal;
(B) low priority for ecological restoration
involving vegetation removal;
(C) medium priority for ecological restoration
involving vegetation removal;
(D) high priority for ecological restoration
involving vegetation removal; or
(E) very high priority for ecological restoration
involving vegetation removal;
(2) determine, for a unit identified under paragraph (1) as
being high or very high priority for ecological restoration
involving vegetation removal, if--
(A) a sawmill or other wood-processing facility
exists in close proximity to, or a forest worker is
seeking to conduct restoration treatment work on or in
close proximity to, the unit; and
(B) the presence of a sawmill or other wood-
processing facility would substantially decrease or
does substantially decrease the cost of conducting
ecological restoration projects involving vegetation
removal;
(3) in accordance with any conditions the Secretary of
Agriculture determines to be necessary, using the amounts made
available under subsection (b)(3), provide financial
assistance, including a low-interest loan or a loan guarantee,
to an entity seeking to establish, reopen, retrofit, expand, or
improve a sawmill or other wood-processing facility in close
proximity to a unit of Federal land that has been identified
under paragraph (1) as high or very high priority for
ecological restoration, if the presence of a sawmill or other
wood-processing facility would substantially decrease or does
substantially decrease the cost of conducting ecological
restoration projects involving vegetation removal on the unit
of Federal land, including Indian forest land or rangeland, as
determined under paragraph (2)(B); and
(4) to the extent practicable, when allocating funding to
units of Federal land for ecological restoration projects
involving vegetation removal, give priority to a unit of
Federal land that--
(A) has been identified under paragraph (1) as
being high or very high priority for ecological
restoration involving vegetation removal; and
(B) has a sawmill or other wood-processing
facility--
(i) that, as determined under paragraph
(2)--
(I) exists in close proximity to
the unit; and
(II) does substantially decrease
the cost of conducting ecological
restoration projects involving
vegetation removal on the unit; or
(ii) that has received financial assistance
under paragraph (3).
(e) Recreation Sites.--
(1) Site restoration and improvements.--Of the amounts made
available under subsection (b)(7), $45,000,000 shall be made
available to the Secretary of the Interior and $35,000,000
shall be made available the Secretary of Agriculture to
restore, prepare, or adapt recreation sites on Federal land,
including Indian forest land or rangeland, that have
experienced or may likely experience visitation and use beyond
the carrying capacity of the sites.
(2) Public use recreation cabins.--
(A) In general.--Of the amounts made available
under subsection (b)(7), $20,000,000 shall be made
available to the Secretary of Agriculture for--
(i) the operation, repair, reconstruction,
and construction of public use recreation
cabins on National Forest System land; and
(ii) to the extent necessary, the repair or
reconstruction of historic buildings that are
to be outleased under section 306121 of title
54, United States Code.
(B) Inclusion.--Of the amount described in
subparagraph (A), $5,000,000 shall be made available to
the Secretary of Agriculture for associated salaries
and expenses in carrying out that subparagraph.
(C) Agreements.--The Secretary of Agriculture may
enter into a lease or cooperative agreement with a
State, Indian Tribe, local government, or private
entity--
(i) to carry out the activities described
in subparagraph (A); or
(ii) to manage the renting of a cabin or
building described in subparagraph (A) to the
public.
(3) Exclusion.--A project shall not be eligible for funding
under this subsection if--
(A) funding for the project would be used for
deferred maintenance, as defined by Federal Accounting
Standards Advisory Board; and
(B) the Secretary of the Interior or the Secretary
of Agriculture has identified the project for funding
from the National Parks and Public Land Legacy
Restoration Fund established by section 200402(a) of
title 54, United States Code.
(f) Collaborative-based, Aquatic-focused, Landscape-scale
Restoration Program.--Subject to the availability of appropriations,
not later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture shall, in coordination with the Secretary of
the Interior and using the amounts made available under subsection
(b)(10)--
(1) solicit collaboratively developed proposals that--
(A) are for 5-year projects to restore fish passage
or water quality on Federal land and non-Federal land
to the extent allowed under section 323(a) of the
Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1011a(a)),
including Indian forest land or rangeland;
(B) contain proposed accomplishments and proposed
non-Federal funding; and
(C) request not more than $5,000,000 in funding
made available under subsection (b)(10);
(2) select project proposals for funding in a manner that--
(A) gives priority to a project proposal that would
result in the most miles of streams being restored for
the lowest amount of Federal funding; and
(B) discontinues funding for a project that fails
to achieve the results included in a proposal submitted
under paragraph (1) for more than 2 consecutive years;
and
(3) publish a list of--
(A) all of the priority watersheds on National
Forest System land;
(B) the condition of each priority watershed on the
date of enactment of this Act; and
(C) the condition of each priority watershed on the
date that is 5 years after the date of enactment of
this Act.
SEC. 8005. GAO STUDY.
(a) Study.--Not later than 6 years after the date of enactment of
this Act, the Comptroller General of the United States shall--
(1) conduct a study on the implementation of this title and
the amendments made by this title, including whether this title
and the amendments made by this title have--
(A) effectively reduced wildfire risk, including
the extent to which the wildfire hazard on Federal land
has changed; and
(B) restored ecosystems on Federal and non-Federal
land; and
(2) submit to Congress a report that describes the results
of the study under paragraph (1).
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Comptroller General of the Unites States for the
activities described in subsection (a) $800,000.
SEC. 8006. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND
VEGETATION.
(a) Definition of Secretary Concerned.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to National
Forest System land; and
(2) the Secretary of the Interior, with respect to public
lands (as defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) administered by the
Bureau of Land Management.
(b) Categorical Exclusion Established.--Forest management
activities described in subsection (c) are a category of actions
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if
the categorical exclusion is documented through a supporting record and
decision memorandum.
(c) Forest Management Activities Designated for Categorical
Exclusion.--
(1) In general.--The category of forest management
activities designated under subsection (b) for a categorical
exclusion are forest management activities described in
paragraph (2) that are carried out by the Secretary concerned
on public lands (as defined in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702))
administered by the Bureau of Land Management or National
Forest System land the primary purpose of which is to establish
and maintain linear fuel breaks that are--
(A) up to 1,000 feet in width contiguous with or
incorporating existing linear features, such as roads,
water infrastructure, transmission and distribution
lines, and pipelines of any length on Federal land; and
(B) intended to reduce the risk of uncharacteristic
wildfire on Federal land or catastrophic wildfire for
an adjacent at-risk community.
(2) Activities.--Subject to paragraph (3), the forest
management activities that may be carried out pursuant to the
categorical exclusion established under subsection (b) are--
(A) mowing or masticating;
(B) thinning by manual and mechanical cutting;
(C) piling, yarding, and removal of slash or
hazardous fuels;
(D) selling of vegetation products, including
timber, firewood, biomass, slash, and fenceposts;
(E) targeted grazing;
(F) application of--
(i) pesticide;
(ii) biopesticide; or
(iii) herbicide;
(G) seeding of native species;
(H) controlled burns and broadcast burning; and
(I) burning of piles, including jackpot piles.
(3) Excluded activities.--A forest management activity
described in paragraph (2) may not be carried out pursuant to
the categorical exclusion established under subsection (b) if
the activity is conducted--
(A) in a component of the National Wilderness
Preservation System;
(B) on Federal land on which the removal of
vegetation is prohibited or restricted by Act of
Congress, Presidential proclamation (including the
applicable implementation plan), or regulation;
(C) in a wilderness study area; or
(D) in an area in which carrying out the activity
would be inconsistent with the applicable land
management plan or resource management plan.
(4) Extraordinary circumstances.--The Secretary concerned
shall apply the extraordinary circumstances procedures under
section 220.6 of title 36, Code of Federal Regulations (or a
successor regulation), in determining whether to use a
categorical exclusion under subsection (b).
(d) Acreage and Location Limitations.--Treatments of vegetation in
linear fuel breaks covered by the categorical exclusion established
under subsection (b)--
(1) may not contain treatment units in excess of 3,000
acres;
(2) shall be located primarily in--
(A) the wildland-urban interface or a public
drinking water source area;
(B) if located outside the wildland-urban interface
or a public drinking water source area, an area within
Condition Class 2 or 3 in Fire Regime Group I, II, or
III that contains very high wildfire hazard potential;
or
(C) an insect or disease area designated by the
Secretary concerned as of the date of enactment of this
Act; and
(3) shall consider the best available scientific
information.
(e) Roads.--
(1) Permanent roads.--A project under this section shall
not include the establishment of permanent roads.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repairs on existing permanent roads
for the purposes of this section.
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed under a project
under this section not later than 3 years after the date on
which the project is completed.
(f) Public Collaboration.--To encourage meaningful public
participation during the preparation of a project under this section,
the Secretary concerned shall facilitate, during the preparation of
each project--
(1) collaboration among State and local governments and
Indian Tribes; and
(2) participation of interested persons.
SEC. 8007. EMERGENCY ACTIONS.
(a) Definitions.--In this section:
(1) Authorized emergency action.--The term ``authorized
emergency action'' means an action carried out pursuant to an
emergency situation determination to mitigate the harm to life,
property, or important natural or cultural resources on
National Forest System land or adjacent land.
(2) Emergency situation.--The term ``emergency situation''
means a situation on National Forest System land for which
immediate implementation of 1 or more authorized emergency
actions is necessary to achieve 1 or more of the following
results:
(A) Relief from hazards threatening human health
and safety.
(B) Mitigation of threats to natural resources on
National Forest System land or adjacent land.
(3) Emergency situation determination.--The term
``emergency situation determination'' means a determination
made by the Secretary under subsection (b)(1)(A).
(4) Land and resource management plan.--The term ``land and
resource management plan'' means a plan developed under section
6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604).
(5) National forest system land.--The term ``National
Forest System land'' means land of the National Forest System
(as defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C 1609(a))).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Authorized Emergency Actions to Respond to Emergency
Situations.--
(1) Determination.--
(A) In general.--The Secretary may make a
determination that an emergency situation exists with
respect to National Forest System land.
(B) Review.--An emergency situation determination
shall not be subject to objection under the
predecisional administrative review processes under
part 218 of title 36, Code of Federal Regulations (or
successor regulations).
(C) Applicability.--An emergency situation
determination shall not be subject to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or any other applicable law.
(2) Authorized emergency actions.--After making an
emergency situation determination with respect to National
Forest System land, the Secretary may carry out authorized
emergency actions on that National Forest System land,
including through--
(A) the salvage of dead or dying trees;
(B) the harvest of trees damaged by wind or ice;
(C) the commercial and noncommercial sanitation
harvest of trees to control insects or disease,
including trees already infested with insects or
disease;
(D) the reforestation or replanting of fire-
impacted areas through planting, control of competing
vegetation, or other activities that enhance natural
regeneration and restore forest species;
(E) the removal of hazardous trees in close
proximity to roads and trails;
(F) the removal of hazardous fuels;
(G) the restoration of water sources or
infrastructure;
(H) the reconstruction of existing utility lines;
and
(I) the replacement of underground cables.
(3) Relation to land and resource management plans.--To the
maximum extent practicable, any authorized emergency action
carried out under paragraph (2) shall be conducted consistent
with the land and resource management plan.
(4) Acreage limitations.--A treatment area covered by an
emergency situation determination on which an authorized
emergency action is carried out pursuant to paragraph (2) shall
consist of not more than 10,000 acres of National Forest System
land.
(c) Environmental Analysis.--
(1) Environmental assessment or environmental impact
statement.--If the Secretary determines that an authorized
emergency action requires an environmental assessment or an
environmental impact statement pursuant to section 102(2) of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)), the Secretary shall study, develop, and describe
only--
(A) the proposed agency action; and
(B) the alternative of no action.
(2) Public notice.--The Secretary shall provide notice of
each authorized emergency action that the Secretary determines
requires an environmental assessment or environmental impact
statement under paragraph (1), in accordance with applicable
regulations and administrative guidelines.
(3) Public comment.--The Secretary shall provide an
opportunity for public comment during the preparation of any
environmental assessment or environmental impact statement
under paragraph (1).
(4) Savings clause.--Nothing in this subsection prohibits
the Secretary from making an emergency situation determination,
including a determination that an emergency exists pursuant to
section 218.21(a) or 220.4(b) of title 36, Code of Federal
Regulations (or successor regulations), that makes it necessary
to take an emergency action before preparing an environmental
assessment or environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Administrative Review of Authorized Emergency Actions.--An
authorized emergency action carried out under this section shall not be
subject to objection under the predecisional administrative review
processes established under section 105 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6515) and section 428 of the
Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112-74).
(e) Judicial Review of Emergency Actions.--
(1) In general.--Section 106 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6516) shall apply to an
authorized emergency action carried out under this section.
(2) Requirement for injunction.--A court shall not enjoin
an authorized emergency action under this section if the court
determines that the plaintiff is unable to demonstrate that the
claim of the plaintiff is likely to succeed on the merits.
(f) Notification and Guidance.--The Secretary shall provide
notification and guidance to each local field office of the Forest
Service to ensure awareness of, compliance with, and appropriate use of
the authorized emergency action authority under this section.
TITLE IX--WESTERN WATER INFRASTRUCTURE
SEC. 9001. AUTHORIZATIONS OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of the
Interior, acting through the Commissioner of Reclamation (referred to
in this title as the ``Secretary''), for the period of fiscal years
2022 through 2026--
(1) $1,150,000,000 for water storage, groundwater storage,
and conveyance projects in accordance with section 9002, of
which $100,000,000 shall be made available to provide grants to
plan and construct small surface water and groundwater storage
projects in accordance with section 9003;
(2) $3,200,000,000 for the Aging Infrastructure Account
established by subsection (d)(1) of section 9603 of the Omnibus
Public Land Management Act of 2009 (43 U.S.C. 510b), to be made
available for activities in accordance with that subsection,
including major rehabilitation and replacement activities, as
identified in the Asset Management Report of the Bureau of
Reclamation dated April 2021, of which--
(A) $100,000,000 shall be made available for Bureau
of Reclamation reserved or transferred works that have
suffered a critical failure, in accordance with section
9004(a); and
(B) $100,000,000 shall be made available for the
rehabilitation, reconstruction, or replacement of a dam
in accordance with 9004(b);
(3) $1,000,000,000 for rural water projects that have been
authorized by an Act of Congress before July 1, 2021, in
accordance with the Reclamation Rural Water Supply Act of 2006
(43 U.S.C. 2401 et seq.);
(4) $1,000,000,000 for water recycling and reuse projects,
of which--
(A) $550,000,000 shall be made available for water
recycling and reuse projects authorized in accordance
with the Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h et seq.) that are--
(i) authorized or approved for construction
funding by an Act of Congress before the date
of enactment of this Act; or
(ii) selected for funding under the
competitive grant program authorized pursuant
to section 1602(f) of the Reclamation
Wastewater and Groundwater Study and Facilities
Act (43 U.S.C. 390h(f)), with funding under
this subparagraph to be provided in accordance
with that section, notwithstanding section 4013
of the Water Infrastructure Improvements for
the Nation Act (43 U.S.C. 390b note; Public Law
114-322), except that section 1602(g)(2) of the
Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h(g)(2)) shall
not apply to amounts made available under this
subparagraph; and
(B) $450,000,000 shall be made available for large-
scale water recycling and reuse projects in accordance
with section 9005;
(5) $250,000,000 for water desalination projects and
studies authorized in accordance with the Water Desalination
Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) that
are--
(A) authorized or approved for construction funding
by an Act of Congress before July 1, 2021; or
(B) selected for funding under the program
authorized pursuant to section 4(a) of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298), with funding to be made available under
this paragraph in accordance with that subsection,
notwithstanding section 4013 of the Water
Infrastructure Improvements for the Nation Act (43
U.S.C. 390b note; Public Law 114-322), except that
paragraph (2)(F) of section 4(a) of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298) (as redesignated by section 9008) shall
not apply to amounts made available under this
paragraph;
(6) $500,000,000 for the safety of dams program, in
accordance with the Reclamation Safety of Dams Act of 1978 (43
U.S.C. 506 et seq.);
(7) $400,000,000 for WaterSMART grants in accordance with
section 9504 of the Omnibus Public Land Management Act of 2009
(42 U.S.C. 10364), of which $100,000,000 shall be made
available for projects that would improve the condition of a
natural feature or nature-based feature (as those terms are
defined in section 9502 of the Omnibus Public Land Management
Act of 2009 (42 U.S.C. 10362));
(8) subject to section 9006, $300,000,000 for implementing
the Colorado River Basin Drought Contingency Plan, consistent
with the obligations of the Secretary under the Colorado River
Drought Contingency Plan Authorization Act (Public Law 116-14;
133 Stat. 850) and related agreements, of which $50,000,000
shall be made available for use in accordance with the Drought
Contingency Plan for the Upper Colorado River Basin;
(9) $100,000,000 to provide financial assistance for
watershed management projects in accordance with subtitle A of
title VI of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 1015 et seq.);
(10) $250,000,000 for design, study, and construction of
aquatic ecosystem restoration and protection projects in
accordance with section 1109 of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260);
(11) $100,000,000 for multi-benefit projects to improve
watershed health in accordance with section 9007; and
(12) $50,000,000 for endangered species recovery and
conservation programs in the Colorado River Basin in accordance
with--
(A) Public Law 106-392 (114 Stat. 1602);
(B) the Grand Canyon Protection Act of 1992 (Public
Law 102-575; 106 Stat. 4669); and
(C) subtitle E of title IX of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1327).
SEC. 9002. WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE PROJECTS.
(a) Eligibility for Funding.--
(1) Feasibility studies.--
(A) In general.--A feasibility study shall only be
eligible for funding under section 9001(1) if--
(i) the feasibility study has been
authorized by an Act of Congress before the
date of enactment of this Act;
(ii) Congress has approved funding for the
feasibility study in accordance with section
4007 of the Water Infrastructure Improvements
for the Nation Act (43 U.S.C. 390b note; Public
Law 114-322) before the date of enactment of
this Act; or
(iii) the feasibility study is authorized
under subparagraph (B).
(B) Feasibility study authorizations.--The
Secretary may carry out feasibility studies for the
following projects:
(i) The Verde Reservoirs Sediment
Mitigation Project in the State of Arizona.
(ii) The Tualatin River Basin Project in
the State of Oregon.
(2) Construction.--A project shall only be eligible for
construction funding under section 9001(1) if--
(A) an Act of Congress enacted before the date of
enactment of this Act authorizes construction of the
project;
(B) Congress has approved funding for construction
of the project in accordance with section 4007 of the
Water Infrastructure Improvements for the Nation Act
(43 U.S.C. 390b note; Public Law 114-322) before the
date of enactment of this Act, except for any project
for which--
(i) Congress did not approve the
recommendation of the Secretary for funding
under subsection (h)(2) of that section for at
least 1 fiscal year before the date of
enactment of this Act; or
(ii) State funding for the project was
rescinded by the State before the date of
enactment of this Act; or
(C)(i) Congress has authorized or approved funding
for a feasibility study for the project in accordance
with clause (i) or (ii) of paragraph (1)(A) (except
that projects described in clauses (i) and (ii) of
subparagraph (B) shall not be eligible); and
(ii) on completion of the feasibility study for the
project, the Secretary--
(I) finds the project to be technically and
financially feasible in accordance with the
reclamation laws;
(II) determines that sufficient non-Federal
funding is available for the non-Federal cost
share of the project; and
(III)(aa) finds the project to be in the
public interest; and
(bb) recommends the project for
construction.
(b) Cost-sharing Requirement.--
(1) In general.--The Federal share--
(A) for a project authorized by an Act of Congress
shall be determined in accordance with that Act;
(B) for a project approved by Congress in
accordance with section 4007 of the Water
Infrastructure Improvements for the Nation Act (43
U.S.C. 390b note; Public Law 114-322) (including
construction resulting from a feasibility study
authorized under that Act) shall be as provided in that
Act; and
(C) for a project not described in subparagraph (A)
or (B)--
(i) in the case of a federally owned
project, shall not exceed 50 percent of the
total cost of the project; and
(ii) in the case of a non-Federal project,
shall not exceed 25 percent of the total cost
of the project.
(2) Federal benefits.--Before funding a project under this
section, the Secretary shall determine that, in return for the
Federal investment in the project, at least a proportionate
share of the benefits are Federal benefits.
(3) Reimbursability.--The reimbursability of Federal
funding of projects under this section shall be in accordance
with the reclamation laws.
(c) Environmental Laws.--In providing funding for a project under
this section, the Secretary shall comply with all applicable
environmental laws, including the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
SEC. 9003. SMALL WATER STORAGE AND GROUNDWATER STORAGE PROJECTS.
(a) Establishment of a Competitive Grant Program for Small Water
Storage and Groundwater Storage Projects.--The Secretary shall
establish a competitive grant program, under which the non-Federal
project sponsor of any project in a Reclamation State, including the
State of Alaska or Hawaii, determined by the Secretary to be feasible
under subsection (b)(2)(B) shall be eligible to apply for funding for
the planning, design, and construction of the project.
(b) Eligibility and Selection.--
(1) Submission to the secretary.--
(A) In general.--A non-Federal project sponsor
described in subsection (a) may submit to the Secretary
a proposal for a project eligible to receive a grant
under this section in the form of a completed
feasibility study.
(B) Eligible projects.--A project shall be
considered eligible for consideration for a grant under
this section if the project--
(i) has water storage capacity of not less
than 2,000 acre-feet and not more than 30,000
acre-feet; and
(ii)(I) increases surface water or
groundwater storage; or
(II) conveys water, directly or indirectly,
to or from surface water or groundwater
storage.
(C) Guidelines.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall
issue guidelines for feasibility studies for small
storage projects to provide sufficient information for
the formulation of the studies.
(2) Review by the secretary.--The Secretary shall review
each feasibility study received under paragraph (1)(A) for the
purpose of determining whether--
(A) the feasibility study, and the process under
which the study was developed, each comply with Federal
laws (including regulations) applicable to feasibility
studies of small storage projects;
(B) the project is technically and financially
feasible, in accordance with--
(i) the guidelines developed under
paragraph (1)(C); and
(ii) the reclamation laws; and
(C) the project provides a Federal benefit, as
determined by the Secretary.
(3) Submission to congress.--Not later than 180 days after
the date of receipt of a feasibility study received under
paragraph (1)(A), the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives a report
that describes--
(A) the results of the review of the study by the
Secretary under paragraph (2), including a
determination of whether the project is feasible and
provides a Federal benefit;
(B) any recommendations that the Secretary may have
concerning the plan or design of the project; and
(C) any conditions the Secretary may require for
construction of the project.
(4) Eligibility for funding.--
(A) In general.--The non-Federal project sponsor of
any project determined by the Secretary to be feasible
under paragraph (3)(A) shall be eligible to apply to
the Secretary for a grant to cover the Federal share of
the costs of planning, designing, and constructing the
project pursuant to subsection (c).
(B) Required determination.--Prior to awarding
grants to a small storage project, the Secretary shall
determine whether there is sufficient non-Federal
funding available to complete the project.
(5) Priority.--In awarding grants to projects under this
section, the Secretary shall give priority to projects that
meet 1 or more of the following criteria:
(A) Projects that are likely to provide a more
reliable water supply for States, Indian Tribes, and
local governments, including subdivisions of those
entities.
(B) Projects that are likely to increase water
management flexibility and reduce impacts on
environmental resources from projects operated by
Federal and State agencies.
(C) Projects that are regional in nature.
(D) Projects with multiple stakeholders.
(E) Projects that provide multiple benefits,
including water supply reliability, ecosystem benefits,
groundwater management and enhancements, and water
quality improvements.
(c) Ceiling on Federal Share.--The Federal share of the costs of
each of the individual projects selected under this section shall not
exceed the lesser of--
(1) 25 percent of the total project cost; or
(2) $30,000,000.
(d) Environmental Laws.--In providing funding for a grant for a
project under this section, the Secretary shall comply with all
applicable environmental laws, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Termination of Authority.--The authority to carry out this
section terminates on the date that is 5 years after the date of
enactment of this Act.
SEC. 9004. CRITICAL MAINTENANCE AND REPAIR.
(a) Critical Failure at a Reserved or Transferred Work.--
(1) In general.--A reserved or transferred work shall only
be eligible for funding under section 9001(2)(A) if--
(A) construction of the reserved or transferred
work began on or before January 1, 1915; and
(B) a unit of the reserved or transferred work
suffered a critical failure in Bureau of Reclamation
infrastructure during the 2-year period ending on the
date of enactment of this Act that resulted in the
failure to deliver water to project beneficiaries.
(2) Use of funds.--Rehabilitation, repair, and replacement
activities for a transferred or reserved work using amounts
made available under section 9001(2)(A) may be used for the
entire transferred or reserved work, regardless of whether the
critical failure was limited to a single project of the overall
work.
(3) Nonreimbursable funds.--Notwithstanding section 9603(b)
of the Omnibus Public Land Management Act of 2009 (43 U.S.C.
510b(b)), amounts made available to a reserved or transferred
work under section 9001(2)(A) shall be nonreimbursable to the
United States.
(b) Carey Act Projects.--The Secretary shall use amounts made
available under section 9001(2)(B) to fund the rehabilitation,
reconstruction, or replacement of a dam--
(1) the construction of which began on or after January 1,
1905;
(2) that was developed pursuant to section 4 of the Act of
August 18, 1894 (commonly known as the ``Carey Act'') (43
U.S.C. 641; 28 Stat. 422, chapter 301);
(3) that the Governor of the State in which the dam is
located has--
(A) determined the dam has reached its useful life;
(B) determined the dam poses significant health and
safety concerns; and
(C) requested Federal support; and
(4) for which the estimated rehabilitation, reconstruction,
or replacement, engineering, and permitting costs would exceed
$50,000,000.
SEC. 9005. COMPETITIVE GRANT PROGRAM FOR LARGE-SCALE WATER RECYCLING
AND REUSE PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State, Indian Tribe, municipality, irrigation
district, water district, wastewater district, or other
organization with water or power delivery authority;
(B) a State, regional, or local authority, the
members of which include 1 or more organizations with
water or power delivery authority; or
(C) an agency established under State law for the
joint exercise of powers or a combination of entities
described in subparagraphs (A) and (B).
(2) Eligible project.--The term ``eligible project'' means
a project described in subsection (c).
(3) Program.--The term ``program'' means the grant program
established under subsection (b).
(4) Reclamation state.--The term ``Reclamation State''
means a State or territory described in the first section of
the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter
1093).
(b) Establishment.--The Secretary shall establish a program to
provide grants to eligible entities on a competitive basis for the
planning, design, and construction of large-scale water recycling and
reuse projects that provide substantial water supply and other benefits
to the Reclamation States in accordance with this section.
(c) Eligible Project.--A project shall be eligible for a grant
under this section if the project--
(1) reclaims and reuses--
(A) municipal, industrial, domestic, or
agricultural wastewater; or
(B) impaired groundwater or surface water;
(2) has a total estimated cost of $500,000,000 or more;
(3) is located in a Reclamation State;
(4) is constructed, operated, and maintained by an eligible
entity; and
(5) provides a Federal benefit in accordance with the
reclamation laws.
(d) Project Evaluation.--The Secretary may provide a grant to an
eligible project under the program if--
(1) the eligible entity determines through the preparation
of a feasibility study or equivalent study, and the Secretary
concurs, that the eligible project--
(A) is technically and financially feasible;
(B) provides a Federal benefit in accordance with
the reclamation laws; and
(C) is consistent with applicable Federal and State
laws;
(2) the eligible entity has sufficient non-Federal funding
available to complete the eligible project, as determined by
the Secretary;
(3) the eligible entity is financially solvent, as
determined by the Secretary; and
(4) not later than 30 days after the date on which the
Secretary concurs with the determinations under paragraph (1)
with respect to the eligible project, the Secretary submits to
Congress written notice of the determinations.
(e) Priority.--In providing grants to eligible projects under the
program, the Secretary shall give priority to eligible projects that
meet 1 or more of the following criteria:
(1) The eligible project provides multiple benefits,
including--
(A) water supply reliability benefits for drought-
stricken States and communities;
(B) fish and wildlife benefits; and
(C) water quality improvements.
(2) The eligible project is likely to reduce impacts on
environmental resources from water projects owned or operated
by Federal and State agencies, including through measurable
reductions in water diversions from imperiled ecosystems.
(3) The eligible project would advance water management
plans across a multi-State area, such as drought contingency
plans in the Colorado River Basin.
(4) The eligible project is regional in nature.
(5) The eligible project is collaboratively developed or
supported by multiple stakeholders.
(f) Federal Assistance.--
(1) Federal cost share.--The Federal share of the cost of
any project provided a grant under the program shall not exceed
25 percent of the total cost of the eligible project.
(2) Total dollar cap.--The Secretary shall not impose a
total dollar cap on Federal contributions for all eligible
individual projects provided a grant under the program.
(3) Nonreimbursable funds.--Any funds provided by the
Secretary to an eligible entity under the program shall be
considered nonreimbursable.
(4) Funding eligibility.--An eligible project shall not be
considered ineligible for assistance under the program because
the eligible project has received assistance under--
(A) the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.);
(B) section 4(a) of the Water Desalination Act of
1996 (42 U.S.C. 10301 note; Public Law 104-298) for
eligible desalination projects; or
(C) section 1602(e) of the Reclamation Wastewater
and Groundwater Study and Facilities Act (43 U.S.C.
390h(e)).
(g) Environmental Laws.--In providing a grant for an eligible
project under the program, the Secretary shall comply with all
applicable environmental laws, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(h) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall issue guidance on the implementation of
the program, including guidelines for the preparation of feasibility
studies or equivalent studies by eligible entities.
(i) Reports.--
(1) Annual report.--At the end of each fiscal year, the
Secretary shall make available on the website of the Department
of the Interior an annual report that lists each eligible
project for which a grant has been awarded under this section
during the fiscal year.
(2) Comptroller general.--
(A) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
administrative establishment, solicitation, selection,
and justification process with respect to the funding
of grants under this section.
(B) Report.--Not later than 1 year after the date
of the initial award of grants under this section, the
Comptroller General shall submit to the Committee on
Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report that describes--
(i) the adequacy and effectiveness of the
process by which each eligible project was
selected, if applicable; and
(ii) the justification and criteria used
for the selection of each eligible project, if
applicable.
(j) Treatment of Conveyance.--The Secretary shall consider the
planning, design, and construction of a conveyance system for an
eligible project to be eligible for grant funding under the program.
(k) Termination of Authority.--The authority to carry out this
section terminates on the date that is 5 years after the date of
enactment of this Act.
SEC. 9006. DROUGHT CONTINGENCY PLAN FUNDING REQUIREMENTS.
(a) In General.--Funds made available under section 9001(8) for use
in the Lower Colorado River Basin may be used for projects--
(1) to establish or conserve recurring Colorado River water
that contributes to supplies in Lake Mead and other Colorado
River water reservoirs in the Lower Colorado River Basin; or
(2) to improve the long-term efficiency of operations in
the Lower Colorado River Basin.
(b) Limitation.--None of the funds made available under section
9001(8) may be used for the operation of the Yuma Desalting Plant.
(c) Effect.--Nothing in section 9001(8) limits existing or future
opportunities to augment the water supplies of the Colorado River.
SEC. 9007. MULTI-BENEFIT PROJECTS TO IMPROVE WATERSHED HEALTH.
(a) Definition of Eligible Applicant.--In this section, the term
``eligible applicant'' means--
(1) a State;
(2) a Tribal or local government;
(3) an organization with power or water delivery authority;
(4) a regional authority; or
(5) a nonprofit conservation organization.
(b) Establishment of Competitive Grant Program.--Not later than 1
year after the date of enactment of this Act, the Secretary, in
consultation with the heads of relevant agencies, shall establish a
competitive grant program under which the Secretary shall award grants
to eligible applicants for the design, implementation, and monitoring
of conservation outcomes of habitat restoration projects that improve
watershed health in a river basin that is adversely impacted by a
Bureau of Reclamation water project by accomplishing 1 or more of the
following:
(1) Ecosystem benefits.
(2) Restoration of native species.
(3) Mitigation against the impacts of climate change to
fish and wildlife habitats.
(4) Protection against invasive species.
(5) Restoration of aspects of the natural ecosystem.
(6) Enhancement of commercial, recreational, subsistence,
or Tribal ceremonial fishing.
(7) Enhancement of river-based recreation.
(c) Requirements.--
(1) In general.--In awarding a grant to an eligible
applicant under subsection (b), the Secretary--
(A) shall give priority to an eligible applicant
that would carry out a habitat restoration project that
achieves more than 1 of the benefits described in that
subsection; and
(B) may not provide a grant to carry out a habitat
restoration project the purpose of which is to meet
existing environmental mitigation or compliance
obligations under Federal or State law.
(2) Compliance.--A habitat restoration project awarded a
grant under subsection (b) shall comply with all applicable
Federal and State laws.
(d) Cost-sharing Requirement.--The Federal share of the cost of any
habitat restoration project that is awarded a grant under subsection
(b)--
(1) shall not exceed 50 percent of the cost of the habitat
restoration project; or
(2) in the case of a habitat restoration project that
provides benefits to ecological or recreational values in which
the nonconsumptive water conservation benefit or habitat
restoration benefit accounts for at least 75 percent of the
cost of the habitat restoration project, as determined by the
Secretary, shall not exceed 75 percent of the cost of the
habitat restoration project.
SEC. 9008. ELIGIBLE DESALINATION PROJECTS.
Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended by redesignating the second
paragraph (1) (relating to eligible desalination projects) as paragraph
(2).
SEC. 9009. CLARIFICATION OF AUTHORITY TO USE CORONAVIRUS FISCAL
RECOVERY FUNDS TO MEET A NON-FEDERAL MATCHING REQUIREMENT
FOR AUTHORIZED BUREAU OF RECLAMATION WATER PROJECTS.
(a) Coronavirus State Fiscal Recovery Fund.--Section 602(c) of the
Social Security Act (42 U.S.C. 802(c)) is amended by adding at the end
the following:
``(4) Use of funds to satisfy non-federal matching
requirements for authorized bureau of reclamation water
projects.--Funds provided under this section for an authorized
Bureau of Reclamation project may be used for purposes of
satisfying any non-Federal matching requirement required for
the project.''.
(b) Coronavirus Local Fiscal Recovery Fund.--Section 603(c) of the
Social Security Act (42 U.S.C. 803(c)) is amended by adding at the end
the following:
``(5) Use of funds to satisfy non-federal matching,
maintenance of effort, or other expenditure requirement.--Funds
provided under this section for an authorized Bureau of
Reclamation project may be used for purposes of satisfying any
non-Federal matching requirement required for the project.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 9901 of the American
Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 223).
SEC. 9010. FEDERAL ASSISTANCE FOR GROUNDWATER RECHARGE, AQUIFER
STORAGE, AND WATER SOURCE SUBSTITUTION PROJECTS.
(a) In General.--The Secretary, in coordination with affected
Indian Tribes, States (including subdivisions and departments of a
State), or a public agency organized pursuant to State law, may provide
technical or financial assistance for, participate in, and enter into
agreements (including agreements with irrigation entities) for--
(1) groundwater recharge projects;
(2) aquifer storage and recovery projects; and
(3) water source substitution for aquifer protection
projects.
(b) Limitation.--Nothing in this section authorizes additional
technical or financial assistance for a surface water storage facility
constructed after the date of enactment of this Act.
TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
SEC. 10001. ENERGY STORAGE DEMONSTRATION PROJECTS.
(a) Energy Storage Demonstration Projects; Pilot Grant Program.--
There is authorized to be appropriated to the Secretary to carry out
activities under section 3201(c) of the Energy Act of 2020 (42 U.S.C.
17232(c)) $355,000,000 for the period of fiscal years 2022 through
2025.
(b) Long-duration Demonstration Initiative and Joint Program.--
There is authorized to be appropriated to the Secretary to carry out
activities under section 3201(d) of the Energy Act of 2020 (42 U.S.C.
17232(d)) $150,000,000 for the period of fiscal years 2022 through
2025.
SEC. 10002. ADVANCED REACTOR DEMONSTRATION PROGRAM.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out activities under section
959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a) pursuant to
the funding opportunity announcement of the Department numbered DE-FOA-
0002271 for Pathway 1, Advanced Reactor Demonstrations--
(1) $511,000,000 for fiscal year 2022;
(2) $506,000,000 for fiscal year 2023;
(3) $636,000,000 for fiscal year 2024;
(4) $824,000,000 for fiscal year 2025;
(5) $453,000,000 for fiscal year 2026; and
(6) $281,000,000 for fiscal year 2027.
(b) Technical Corrections.--
(1) Definition of advanced nuclear reactor.--Section
951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16271(b)(1)) is amended--
(A) in subparagraph (A)(xi), by striking ``; and''
and inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) a radioisotope power system that utilizes
heat from radioactive decay to generate energy.''.
(2) Nuclear energy university program funding.--Section
954(a)(6) of the Energy Policy Act of 2005 (42 U.S.C.
16274(a)(6)) is amended by inserting ``, excluding funds
appropriated for the Advanced Reactor Demonstration Program of
the Department,'' after ``annually''.
SEC. 10003. MINERAL SECURITY PROJECTS.
(a) National Geological and Geophysical Data Preservation
Program.--There are authorized to be appropriated to the Secretary of
the Interior to carry out activities under section 351 of the Energy
Policy Act of 2005 (42 U.S.C. 15908)--
(1) $8,668,000 for fiscal year 2022; and
(2) $5,000,000 for each of fiscal years 2023 through 2025.
(b) Rare Earth Mineral Security.--There are authorized to be
appropriated to the Secretary to carry out activities under section
7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a))--
(1) $23,000,000 for fiscal year 2022;
(2) $24,200,000 for fiscal year 2023;
(3) $25,400,000 for fiscal year 2024;
(4) $26,600,000 for fiscal year 2025; and
(5) $27,800,000 for fiscal year 2026.
(c) Critical Material Innovation, Efficiency, and Alternatives.--
There are authorized to be appropriated to the Secretary to carry out
activities under section 7002(g) of the Energy Act of 2020 (30 U.S.C.
1606(g))--
(1) $230,000,000 for fiscal year 2022;
(2) $100,000,000 for fiscal year 2023; and
(3) $135,000,000 for each of fiscal years 2024 and 2025.
(d) Critical Material Supply Chain Research Facility.--There are
authorized to be appropriated to the Secretary to carry out activities
under section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h))--
(1) $40,000,000 for fiscal year 2022; and
(2) $35,000,000 for fiscal year 2023.
SEC. 10004. CARBON CAPTURE DEMONSTRATION AND PILOT PROGRAMS.
(a) Carbon Capture Large-scale Pilot Projects.--There are
authorized to be appropriated to the Secretary to carry out activities
under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C.
16292(b)(2)(B))--
(1) $387,000,000 for fiscal year 2022;
(2) $200,000,000 for fiscal year 2023;
(3) $200,000,000 for fiscal year 2024; and
(4) $150,000,000 for fiscal year 2025.
(b) Carbon Capture Demonstration Projects Program.--There are
authorized to be appropriated to the Secretary to carry out activities
under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C.
16292(b)(2)(C))--
(1) $937,000,000 for fiscal year 2022;
(2) $500,000,000 for each of fiscal years 2023 and 2024;
and
(3) $600,000,000 for fiscal year 2025.
SEC. 10005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE COMPETITIONS.
(a) Precommercial.--There is authorized to be appropriated to the
Secretary to carry out activities under section 969D(e)(2)(A) of the
Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A)) $15,000,000 for
fiscal year 2022.
(b) Commercial.--There is authorized to be appropriated to the
Secretary to carry out activities under section 969D(e)(2)(B) of the
Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)) $100,000,000 for
fiscal year 2022.
SEC. 10006. WATER POWER PROJECTS.
(a) Hydropower and Marine Energy.--There are authorized to be
appropriated to the Secretary--
(1) to carry out activities under section 634 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17213),
$36,000,000 for the period of fiscal years 2022 through 2025;
and
(2) to carry out activities under section 635 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17214),
$70,400,000 for the period of fiscal years 2022 through 2025.
(b) National Marine Energy Centers.--There is authorized to be
appropriated to the Secretary to carry out activities under section 636
of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215)
$40,000,000 for the period of fiscal years 2022 through 2025.
SEC. 10007. RENEWABLE ENERGY PROJECTS.
(a) Geothermal Energy.--There is authorized to be appropriated to
the Secretary to carry out activities under section 615(d) of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17194(d))
$84,000,000 for the period of fiscal years 2022 through 2025.
(b) Wind Energy.--There are authorized to be appropriated to the
Secretary--
(1) to carry out activities under section 3003(b)(2) of the
Energy Act of 2020 (42 U.S.C. 16237(b)(2)), $60,000,000 for the
period of fiscal years 2022 through 2025; and
(2) to carry out activities under section 3003(b)(4) of the
Energy Act of 2020 (42 U.S.C. 16237(b)(4)), $40,000,000 for the
period of fiscal years 2022 through 2025.
(c) Solar Energy.--There are authorized to be appropriated to the
Secretary--
(1) to carry out activities under section 3004(b)(2) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(2)), $40,000,000 for the
period of fiscal years 2022 through 2025;
(2) to carry out activities under section 3004(b)(3) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(3)), $20,000,000 for the
period of fiscal years 2022 through 2025; and
(3) to carry out activities under section 3004(b)(4) of the
Energy Act of 2020 (42 U.S.C. 16238(b)(4)), $20,000,000 for the
period of fiscal years 2022 through 2025.
(d) Clarification.--Amounts authorized to be appropriated under
subsection (b) are authorized to be a part of, and not in addition to,
any amounts authorized to be appropriated by section 3003(b)(7) of the
Energy Act of 2020 (42 U.S.C. 16237(b)(7)).
SEC. 10008. INDUSTRIAL EMISSIONS DEMONSTRATION PROJECTS.
There are authorized to be appropriated to the Secretary to carry
out activities under section 454(d)(3) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17113(d)(3))--
(1) $100,000,000 for each of fiscal years 2022 and 2023;
and
(2) $150,000,000 for each of fiscal years 2024 and 2025.
TITLE XI--WAGE RATE REQUIREMENTS
SEC. 11001. WAGE RATE REQUIREMENTS.
(a) Davis-Bacon.--All laborers and mechanics employed by
contractors or subcontractors in the performance of construction,
alteration, or repair work on a project assisted in whole or in part by
funding made available under this Act or an amendment made by this Act
shall be paid wages at rates not less than those prevailing on similar
projects in the locality, as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40, United States
Code (commonly referred to as the ``Davis-Bacon Act'').
(b) Authority.--With respect to the labor standards specified in
subsection (a), 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.
TITLE XII--MISCELLANEOUS
SEC. 12001. OFFICE OF CLEAN ENERGY DEMONSTRATIONS.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means a
demonstration project of the Department that--
(A) receives or is eligible to receive funding from
the Secretary; and
(B) is authorized under--
(i) this Act; or
(ii) the Energy Act of 2020 (Public Law
116-260; 134 Stat. 1182).
(2) Program.--The term ``program'' means the program
established under subsection (b).
(b) Establishment.--The Secretary, in coordination with the heads
of relevant program offices of the Department, shall establish a
program to conduct project management and oversight of covered
projects, including by--
(1) conducting evaluations of proposals for covered
projects before the selection of a covered project for funding;
(2) conducting independent oversight of the execution of a
covered project after funding has been awarded for that covered
project; and
(3) ensuring a balanced portfolio of investments in covered
projects.
(c) Duties.--The Secretary shall appoint a head of the program who
shall, in coordination with the heads of relevant program offices of
the Department--
(1) evaluate proposals for covered projects, including
scope, technical specifications, maturity of design, funding
profile, estimated costs, proposed schedule, proposed technical
and financial milestones, and potential for commercial success
based on economic and policy projections;
(2) develop independent cost estimates for a proposal for a
covered project, if appropriate;
(3) recommend to the head of a program office of the
Department, as appropriate, whether to fund a proposal for a
covered project;
(4) oversee the execution of covered projects that receive
funding from the Secretary, including reconciling estimated
costs as compared to actual costs;
(5) conduct reviews of ongoing covered projects,
including--
(A) evaluating the progress of a covered project
based on the proposed schedule and technical and
financial milestones; and
(B) providing the evaluations under subparagraph
(A) to the Secretary; and
(6) assess the lessons learned in overseeing covered
projects and implement improvements in the process of
evaluating and overseeing covered projects.
(d) Employees.--To carry out the program, the Secretary may hire
appropriate personnel to perform the duties of the program.
(e) Coordination.--In carrying out the program, the head of the
program shall coordinate with--
(1) project management and acquisition management entities
with the Department, including the Office of Project
Management; and
(2) professional organizations in project management,
construction, cost estimation, and other relevant fields.
(f) Reports.--
(1) Report by secretary.--The Secretary shall include in
each updated technology transfer execution plan submitted under
subsection (h)(2) of section 1001 of the Energy Policy Act of
2005 (42 U.S.C. 16391) information on the implementation of and
progress made under the program, including, for the year
covered by the report--
(A) the covered projects under the purview of the
program; and
(B) the review of each covered project carried out
under subsection (c)(5).
(2) Report by comptroller general.--Not later than 3 years
after the date of enactment of this Act, the Comptroller
General of the United States shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives
a report evaluating the operation of the program, including--
(A) a description of the processes and procedures
used by the program to evaluate proposals of covered
projects and the oversight of covered projects; and
(B) any recommended changes in the program,
including changes to--
(i) the processes and procedures described
in subparagraph (A); and
(ii) the structure of the program, for the
purpose of better carrying out the program.
(g) Technical Amendment.--Section 1001 of the Energy Policy Act of
2005 (42 U.S.C. 16391) is amended by redesignating the second
subsections (f) (relating to planning and reporting) and (g) (relating
to additional technology transfer programs) as subsections (h) and (i),
respectively.
SEC. 12002. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000.
(a) Definition of Full Funding Amount.--Section 3(11) of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7102(11)) is amended by striking subparagraphs (D) and (E) and
inserting the following:
``(D) for fiscal year 2017, the amount that is
equal to 95 percent of the full funding amount for
fiscal year 2015;
``(E) for each of fiscal years 2018 through 2020,
the amount that is equal to 95 percent of the full
funding amount for the preceding fiscal year; and
``(F) for fiscal year 2021 and each fiscal year
thereafter, the amount that is equal to the full
funding amount for fiscal year 2017.''.
(b) Secure Payments for States and Counties Containing Federal
Land.--
(1) Secure payments.--Section 101 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7111) is amended, in subsections (a) and (b), by striking
``2015, 2017, 2018, 2019, and 2020'' each place it appears and
inserting ``2015 and 2017 through 2023''.
(2) Distribution of payments to eligible counties.--Section
103(d)(2) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by
striking ``2020'' and inserting ``2023''.
(c) Pilot Program To Streamline Nomination of Members of Resource
Advisory Committees.--Section 205 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended by
striking subsection (g) and inserting the following:
``(g) Resource Advisory Committee Appointment Pilot Programs.--
``(1) Definitions.--In this subsection:
``(A) Applicable designee.--The term `applicable
designee' means the applicable regional forester.
``(B) National pilot program.--The term `national
pilot program' means the national pilot program
established under paragraph (4)(A).
``(C) Regional pilot program.--The term `regional
pilot program' means the regional pilot program
established under paragraph (3)(A).
``(2) Establishment of pilot programs.--In accordance with
paragraphs (3) and (4), the Secretary concerned shall carry out
2 pilot programs to appoint members of resource advisory
committees.
``(3) Regional pilot program.--
``(A) In general.--The Secretary concerned shall
carry out a regional pilot program to allow an
applicable designee to appoint members of resource
advisory committees.
``(B) Geographic limitation.--The regional pilot
program shall only apply to resource advisory
committees chartered in--
``(i) the State of Montana; and
``(ii) the State of Arizona.
``(C) Responsibilities of applicable designee.--
``(i) Review.--Before appointing a member
of a resource advisory committee under the
regional pilot program, an applicable designee
shall conduct the review and analysis that
would otherwise be conducted for an appointment
to a resource advisory committee if the
regional pilot program was not in effect,
including any review and analysis with respect
to civil rights and budgetary requirements.
``(ii) Savings clause.--Nothing in this
paragraph relieves an applicable designee from
any requirement developed by the Secretary
concerned for making an appointment to a
resource advisory committee that is in effect
on December 20, 2018, including any requirement
for advertising a vacancy.
``(4) National pilot program.--
``(A) In general.--The Secretary concerned shall
carry out a national pilot program to allow the Chief
of the Forest Service or the Director of the Bureau of
Land Management, as applicable, to submit to the
Secretary concerned nominations of individuals for
appointment as members of resource advisory committees.
``(B) Appointment.--Under the national pilot
program, subject to subparagraph (C), not later than 30
days after the date on which a nomination is
transmitted to the Secretary concerned under
subparagraph (A), the Secretary concerned shall--
``(i) appoint the nominee to the applicable
resource advisory committee; or
``(ii) reject the nomination.
``(C) Automatic appointment.--If the Secretary
concerned does not act on a nomination in accordance
with subparagraph (B) by the date described in that
subparagraph, the nominee shall be deemed appointed to
the applicable resource advisory committee.
``(D) Geographic limitation.--The national pilot
program shall apply to a resource advisory committee
chartered in any State other than--
``(i) the State of Montana; or
``(ii) the State of Arizona.
``(E) Savings clause.--Nothing in this paragraph
relieves the Secretary concerned from any requirement
relating to an appointment to a resource advisory
committee, including any requirement with respect to
civil rights or advertising a vacancy.
``(5) Termination of effectiveness.--The authority provided
under this subsection terminates on October 1, 2023.
``(6) Report to congress.--Not later 180 days after the
date described in paragraph (5), the Secretary concerned shall
submit to Congress a report that includes--
``(A) with respect to appointments made under the
regional pilot program compared to appointments made
under the national pilot program, a description of the
extent to which--
``(i) appointments were faster or slower;
and
``(ii) the requirements described in
paragraph (3)(C)(i) differ; and
``(B) a recommendation with respect to whether
Congress should terminate, continue, modify, or expand
the pilot programs.''.
(d) Extension of Authority To Conduct Special Projects on Federal
Land.--
(1) Existing advisory committees.--Section 205(a)(4) of the
Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``December
20, 2021'' each place it appears and inserting ``December 20,
2023''.
(2) Extension of authority.--Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7128) is amended--
(A) in subsection (a), by striking ``2022'' and
inserting ``2025''; and
(B) in subsection (b), by striking ``2023'' and
inserting ``2026''.
(e) Access to Broadband and Other Technology.--Section 302(a) of
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7142(a)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) to provide or expand access to--
``(A) broadband telecommunications services at
local schools; or
``(B) the technology and connectivity necessary for
students to use a digital learning tool at or outside
of a local school campus.''.
(f) Extension of Authority To Expend County Funds.--Section 304 of
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7144) is amended--
(1) in subsection (a), by striking ``2022'' and inserting
``2025''; and
(2) in subsection (b), by striking ``2023'' and inserting
``2026''.
(g) Amounts Obligated but Unspent; Prohibition on Use of Funds.--
Title III of the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7141 et seq.) is amended--
(1) by redesignating section 304 as section 305; and
(2) by inserting after section 303 the following:
``SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; PROHIBITION ON USE OF FUNDS.
``(a) Amounts Obligated but Unspent.--Any county funds that were
obligated by the applicable participating county before October 1,
2017, but are unspent on October 1, 2020--
``(1) may, at the option of the participating county, be
deemed to have been reserved by the participating county on
October 1, 2020, for expenditure in accordance with this title;
and
``(2)(A) may be used by the participating county for any
authorized use under section 302(a); and
``(B) on a determination by the participating county under
subparagraph (A) to use the county funds, shall be available
for projects initiated after October 1, 2020, subject to
section 305.
``(b) Prohibition on Use of Funds.--Notwithstanding any other
provision of law, effective beginning on the date of enactment of the
Energy Infrastructure Act, no county funds made available under this
title may be used by any participating county for any lobbying
activity, regardless of the purpose for which the funds are obligated
on or before that date.''.
Calendar No. 104
117th CONGRESS
1st Session
S. 2377
_______________________________________________________________________
A BILL
To invest in the energy and outdoor infrastructure of the United States
to deploy new and innovative technologies, update existing
infrastructure to be reliable and resilient, and secure energy
infrastructure against physical and cyber threats, and for other
purposes.
_______________________________________________________________________
July 19, 2021
Read twice and placed on the calendar