[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2613 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2613
To provide for climate change planning, mitigation, adaptation, and
resilience in the United States Territories and Freely Associated
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4, 2021
Mr. Menendez (for himself and Ms. Hirono) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for climate change planning, mitigation, adaptation, and
resilience in the United States Territories and Freely Associated
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insular Area Climate Change Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Findings.
TITLE I--GENERAL PROVISIONS
Sec. 101. Insular Area Climate Change Interagency Task Force.
Sec. 102. Non-Federal cost-share waiver.
Sec. 103. Coral reefs prize competitions.
TITLE II--DEPARTMENT OF THE INTERIOR
Sec. 201. Office of Insular Affairs Technical Assistance Program.
Sec. 202. Runit Dome report and monitoring activities.
TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Sec. 301. Climate Change Insular Research Grant Program.
Sec. 302. Coastal management technical assistance and report.
Sec. 303. National Weather Service technical assistance and grants.
Sec. 304. Ocean and Coastal Mapping Integration Act.
TITLE IV--DEPARTMENT OF ENERGY
Sec. 401. Office of Insular Area Energy Policy and Programs.
Sec. 402. Comprehensive energy plans.
Sec. 403. Energy Efficient Product Rebate Program.
Sec. 404. Renewable Energy Grant Program.
Sec. 405. Offshore wind for the territories.
Sec. 406. State Energy Program non-Federal cost-share waiver.
TITLE V--ENVIRONMENTAL PROTECTION AGENCY
Sec. 501. Definitions.
Sec. 502. Insular Area National Program Office.
Sec. 503. Insular Area Sustainable Infrastructure Grant Program.
Sec. 504. Insular Area Renewable Energy Grant Program.
Sec. 505. Insular Area Technical Assistance Program.
TITLE VI--EMERGENCY MANAGEMENT
Sec. 601. Community disaster loans repayment cancellation.
Sec. 602. Disaster relief non-Federal cost-share waiver.
TITLE VII--SENSE OF CONGRESS REGARDING THE THREAT OF CLIMATE CHANGE
Sec. 701. Sense of Congress regarding the threat of climate change.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Adaptation.--The term ``adaptation'' means the capacity
of natural and human systems to adjust to climate change or its
impacts in a matter that will reduce damage or take advantage
of any beneficial aspects.
(2) Freely associated states.--The term ``Freely Associated
States'' means the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.
(3) Insular areas.--The term ``Insular Areas'' means the
territories and Freely Associated States.
(4) Mitigation.--The term ``mitigation'' means measures and
initiatives that would limit or reduce greenhouse gas
emissions.
(5) Resilience.--The term ``resilience'' means the capacity
of natural and human systems to resist, assimilate, and recover
from the effects of climate change in an efficient and timely
manner, maintaining or restoring basic structures and essential
functions.
(6) Renewable energy.--The term ``renewable energy'' means
energy that has been derived from Earth's natural resources
that are not finite or exhaustible, including solar, wind,
hydroelectric, geothermal, and ocean (thermal and mechanics).
(7) Renewable energy system.--The term ``renewable energy
system'' includes off-grid or stand-alone systems, microgrids,
nano grids, and virtual power plants systems based on renewable
energy sources, including storage and other related ancillary
equipment. These may also be referred to as ``eligible
projects''. Waste to energy are not considered as eligible
projects.
(8) Territories.--The term ``territories'' means American
Samoa, the Commonwealth of the Northern Mariana Islands, Guam,
Puerto Rico, and the Virgin Islands of the United States.
(9) Territory.--The term ``territory'' means American
Samoa, the Commonwealth of the Northern Mariana Islands, Guam,
Puerto Rico, or the Virgin Islands of the United States.
SEC. 4. FINDINGS.
Congress finds as follows:
(1) The Insular Areas are topographically and
environmentally diverse and treasured by millions of
individuals who call them home.
(2) The territories in the Caribbean (Puerto Rico and the
Virgin Islands of the United States) and the territories in the
Pacific (American Samoa, the Commonwealth of the Northern
Mariana Islands, and Guam) face many of the same climate
change-related challenges. Freely Associated States face
similar climate change-related vulnerabilities.
(3) Insular Areas are experiencing sea level rise, coastal
erosion, and increasing storm impacts that threaten lives,
critical infrastructure, ecosystems, and livelihood security.
(4) Sea level rise from climate change poses an existential
threat to low-lying Insular Areas, including the Republic of
the Marshall Islands, the impacts of which could significantly
undermine the strategic, economic, and defense interests of the
United States.
(5) Temperature increases are likely to further create and
intensify the length of droughts, reduce water supply, impact
public health, and increase demand of freshwater in Insular
Areas. In addition, temperature increases will drive coral
reefs to extinction, eliminating a natural barrier against
storm surge, increasing destruction of infrastructure, and
threatening lives of the inhabitants of the islands.
(6) In 2017, two major storms, Hurricane Irma and Hurricane
Maria, impacted Puerto Rico and the Virgin Islands of the
United States. Hurricane Maria caused thousands of deaths in
Puerto Rico and the Virgin Islands of the United States and
significant damage to their infrastructure, including Puerto
Rico's energy system. Hurricane Maria destroyed millions of
trees in Puerto Rico and the Virgin Islands of the United
States, which has significantly increased erosion and sediment
transport. As a result, reservoirs have lost significant
storage capacity and coral reefs are severely impacted.
(7) In 2018, Typhoon Yutu impacted the Commonwealth of the
Northern Mariana Islands and Guam, causing catastrophic
destruction in those territories.
TITLE I--GENERAL PROVISIONS
SEC. 101. INSULAR AREA CLIMATE CHANGE INTERAGENCY TASK FORCE.
(a) Establishment of Task Force.--Not later than 90 days after the
date of the enactment of this Act, the following shall jointly
establish the ``Insular Area Climate Change Interagency Task Force''
(hereafter in this section referred to as the ``Task Force''):
(1) The Secretary of the Interior.
(2) The Secretary of Energy.
(3) The Secretary of State.
(4) The Secretary of Housing and Urban Development.
(5) The Secretary of Agriculture.
(6) The Secretary of Commerce.
(7) The Administrator of the Federal Emergency Management
Agency.
(8) The Administrator of the Environmental Protection
Agency.
(b) Chairperson.--The Task Force shall be chaired by the
Administrator of the Federal Emergency Management Agency.
(c) Duties.--The Task Force shall--
(1) evaluate all Federal programs regarding ways to provide
greater access to Federal programs and equitable baseline
funding in relation to States, to territories for climate
change planning, mitigation, adaptation, and resilience;
(2) identify statutory barriers to providing territories
greater access to Federal programs and equitable baseline
funding; and
(3) provide recommendations related to climate change in
Insular Areas in consultation with local governments and non-
governmental organizations in Insular Areas with expertise on
climate change.
(d) Comprehensive Report.--Not later than 1 year after the
establishment of the Task Force, the Task Force, in consultation with
Insular Area governments, shall issue a comprehensive report that--
(1) identifies Federal programs that have an impact on
climate change planning, mitigation, adaptation, and
resilience, but exclude territories in regard to eligibility,
funding, and assistance, or do not provide equitable baseline
funding in relation to States; and
(2) provides advice and recommendations related to climate
change in Insular Areas, such as new suggested Federal programs
or initiatives.
(e) Publication; Public Availability.--The Administrator of the
Federal Emergency Management Agency shall ensure that the report
required under subsection (d) is--
(1) submitted to the Committees on Energy and Commerce and
Natural Resources of the House of Representatives, and Energy
and Natural Resources of the Senate;
(2) published in the Federal Register for public comment
for a period of at least 60 days; and
(3) made available on a public website along with any
comments received during the public comment period required
under paragraph (2).
SEC. 102. NON-FEDERAL COST-SHARE WAIVER.
Section 501 of Public Law 95-134 (commonly known as the ``Omnibus
Territories Act of 1977'') (48 U.S.C. 1469a), is amended by adding at
the end the following:
``(e) Notwithstanding any other provision of law, in the case of
the Insular Areas, any department or agency shall waive any requirement
for non-Federal matching funds under $750,000 (including in-kind
contributions) required by law to be provided by those
jurisdictions.''.
SEC. 103. CORAL REEFS PRIZE COMPETITIONS.
(a) Prize Competitions.--The Director of the Office of Science and
Technology Policy shall work with the head of each Federal agency
represented on the U.S. Coral Reef Task Force established under
Executive Order 13089 (63 Fed. Reg. 32701) to establish prize
competitions, in accordance with section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719), that promote coral
reef research and conservation in the Insular Areas, the State of
Hawaii or Florida, or any other area in the United States or Insular
Areas, as determined by the Director of the Office of Science and
Technology Policy, facing a significant ecological threat due to coral
reef die-offs.
(b) Waiver of Matching Requirement.--Section 204(b)(2) of the Coral
Reef Conservation Act of 2000 (16 U.S.C. 6403(b)(2)) is amended--
(1) by striking the paragraph designation and all that
follows through ``The Administrator'' and inserting the
following:
``(2) Waivers.--
``(A) In general.--The Administrator''; and
(2) by adding at the end the following:
``(B) Sustaining coral reef management and
monitoring.--The Administrator shall waive the matching
requirement under paragraph (1) for grants to implement
State and territorial coral reef conservation
cooperative agreements to sustain coral reef management
and monitoring in the State of Florida or Hawaii,
American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, the Commonwealth of Puerto Rico,
or the United States Virgin Islands.''.
TITLE II--DEPARTMENT OF THE INTERIOR
SEC. 201. OFFICE OF INSULAR AFFAIRS TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--The Secretary of the Interior, acting through the
Office of Insular Affairs Technical Assistance Program, shall provide
technical assistance for climate change planning, mitigation,
adaptation, and resilience to Insular Areas under the jurisdiction of
such Program.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior to carry out this section
$5,000,000 for each of the fiscal years 2022 through 2026.
SEC. 202. RUNIT DOME REPORT AND MONITORING ACTIVITIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior shall submit to the
Committees on Natural Resources and Energy and Commerce of the House of
Representatives, and to the Committee on Energy and Natural Resources
of the Senate, a report, prepared by independent experts not employed
by the U.S. government, on the impacts of climate change on the ``Runit
Dome'' nuclear waste disposal site in Enewetak Atoll, Marshall Islands,
and on other environmental hazards in the vicinity thereof. The report
shall include the following:
(1) A detailed scientific analysis of any threats to the
environment, and to the health and safety of Enewetak Atoll
residents, posed by each of the following:
(A) The ``Runit Dome'' nuclear waste disposal site.
(B) Crypts used to contain nuclear waste and other
toxins on Enewetak Atoll.
(C) Radionuclides and other toxins present in the
lagoon of Enewetak Atoll, including areas in the lagoon
where nuclear waste was dumped.
(D) Radionuclides and other toxins, including
beryllium, which may be present on the islands of
Enewetak Atoll as a result of nuclear tests and other
activities of the U.S. government, including tests of
chemical and biological warfare agents, rocket tests,
contaminated aircraft landing on Enewetak Island, and
nuclear cleanup activities.
(E) Radionuclides and other toxins that may be
present in the drinking water on Enewetak Island or in
the water source for the desalination plant.
(F) Radionuclides and other toxins that may be
present in the groundwater under and in the vicinity of
the nuclear waste disposal facility on Runit Island.
(2) A detailed scientific analysis of the extent to which
rising sea levels, severe weather events and other effects of
climate change might exacerbate any of the threats identified
above.
(3) A detailed plan, including costs, to relocate all of
the nuclear waste and other toxic waste contained in--
(A) the ``Runit Dome'' nuclear waste disposal site;
(B) all of the crypts on Enewetak Atoll containing
such waste; and
(C) the three dumping areas in Enewetak's lagoon to
a safe, secure facility to be constructed in an
uninhabited, unincorporated territory of the United
States.
(b) Marshallese Participation.--The Secretary of the Interior shall
allow scientists or other experts selected by the Republic of the
Marshall Islands to participate in all aspects of the preparation of
the report required by subsection (a), including, without limitation,
developing the work plan, identifying questions, conducting research,
and collecting and interpreting data.
(c) Publication.--The report required in subsection (a) shall be
published in the Federal Register for public comment for a period of
not fewer than 60 days.
(d) Public Availability.--The Secretary of the Interior shall
publish the study required under subsection (a) and results submitted
under subsection (b) on a public website.
(e) Authorization of Appropriation for Report.--It is hereby
authorized to be appropriated to the Department of the Interior, Office
of Insular Affairs, for fiscal year 2022 such sums as may be necessary
to produce the report required in subsection (a).
(f) Indefinite Authorization of Appropriation for Runit Dome
Monitoring Activities.--It is hereby authorized to be appropriated to
the Department of Energy such sums as may be necessary to comply with
the requirements of section 103(f)(1)(B) of the Compact of Free
Association Amendments Act of 2003 (42 U.S.C. 1921b(f)(1)(B)).
TITLE III--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
SEC. 301. CLIMATE CHANGE INSULAR RESEARCH GRANT PROGRAM.
(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall establish a Climate Change Insular
Research Grant Program to provide grants to institutions of higher
education, as such term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)), and nonprofit organizations
in Insular Areas for monitoring, collecting, synthesizing, analyzing,
and publishing local climate change data, including ocean temperature,
sea level rise, ocean acidification, and altered ocean currents data.
(b) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated to the Administrator $5,000,000
for each of the fiscal years 2022 through 2026.
SEC. 302. COASTAL MANAGEMENT TECHNICAL ASSISTANCE AND REPORT.
(a) Technical Assistance.--
(1) In general.--The Administrator of the National Oceanic
and Atmospheric Administration, acting through the Director of
the Office for Coastal Management, shall provide technical
assistance to Insular Areas to enhance such entities' coastal
management and climate change programs.
(2) Authorization of appropriations.--To carry out this
subsection there is authorized to be appropriated to the
Administrator of the National Oceanic and Atmospheric
Administration $5,000,000 for each of the fiscal years 2022
through 2026.
(b) Annual Report.--The Administrator of the National Oceanic and
Atmospheric Administration, acting through the Director of the Office
for Coastal Management, shall submit an annual report to the Committee
on Natural Resources of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate on the status
of--
(1) wetland, mangrove, and estuary conditions in Insular
Areas; and
(2) climate change impacts, including ecological, economic,
and cultural impacts, in Insular Areas.
SEC. 303. NATIONAL WEATHER SERVICE TECHNICAL ASSISTANCE AND GRANTS.
(a) Technical Assistance.--
(1) In general.--The Administrator of the National Oceanic
and Atmospheric Administration, acting through the Director of
the National Weather Service, shall provide technical
assistance and outreach to Insular Areas through the San Juan,
Tiyan, and Pago Pago Weather Forecast Offices of the National
Weather Service. For the purposes of this section, the
Administrator may also employ other agency entities as the
Administrator deems necessary, in order to improve weather data
collection and provide science, data, information, and impact-
based decision support services to reduce hurricane, typhoon,
droughts, tsunamis, tides, and sea level rise impacts in the
Insular Areas.
(2) Authorization of appropriations.--To carry out this
subsection there is authorized to be appropriated to the
Administrator $5,000,000 for each of the fiscal years 2022
through 2026.
(b) Grants.--
(1) In general.--The Administrator of the National Oceanic
and Atmospheric Administration may provide grants to academic,
nonprofit, and local entities to conduct climate change
research to improve weather data collection and provide
science, data, information, and impact-based decision support
services to reduce hurricane, typhoon, droughts, tsunamis,
tides, and sea level rise impacts in the Insular Areas.
(2) Authorization of appropriations.--To carry out this
subsection there is authorized to be appropriated to the
Administrator $5,000,000 for each of the fiscal years 2022
through 2026.
SEC. 304. OCEAN AND COASTAL MAPPING INTEGRATION ACT.
Section 12204 of the Ocean and Coastal Mapping Integration Act (33
U.S.C. 3503) is amended--
(1) in paragraph (12), by striking ``and'';
(2) in paragraph (13), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(14) the study of Insular Areas and the effects of
climate change''.
TITLE IV--DEPARTMENT OF ENERGY
SEC. 401. OFFICE OF INSULAR AREA ENERGY POLICY AND PROGRAMS.
(a) In General.--Title II of the Department of Energy Organization
Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the
following:
``SEC. 218. OFFICE OF INSULAR AREA ENERGY POLICY AND PROGRAMS.
``(a) Establishment.--There is established within the Department an
Office of Insular Area Energy Policy and Programs (referred to in this
section as the `Office'). The Office shall be headed by a Director, who
shall be appointed by the Secretary and compensated at a rate equal to
that of level IV of the Executive Schedule under section 5315 of title
5, United States Code.
``(b) Duties.--The Office shall--
``(1) direct, coordinate, implement, and monitor energy
planning, education, management, conservation, and delivery
programs of the Department to--
``(A) assist Insular Areas in developing
comprehensive energy plans;
``(B) expand renewable energy and energy efficiency
in Insular Areas;
``(C) reduce or stabilize energy costs in Insular
Areas;
``(D) enhance and strengthen energy infrastructure
in Insular Areas to withstand natural disasters; and
``(E) work with Insular Areas to develop improved
regulatory and oversight conditions; and
``(2) centralize and align all ongoing Department of Energy
efforts in the Insular Areas.
``(c) Annual Report.--The Director shall submit an annual report to
the Committee on Natural Resources and the Committee on Energy and
Commerce of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate on the status of all projects
undertaken and grants approved by the Office.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $20,000,000 for
each of the fiscal years 2022 through 2026.
``(e) Non-Federal Cost-Share Waiver.--Any funding made available to
Insular Areas by the Office of Insular Area Energy Policy and Programs
under this or any other Federal law shall not be subject to a non-
Federal share funding requirement.''.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents of the
Department of Energy Organization Act is amended by inserting
after the item relating to section 217 the following:
``Sec. 218. Office of Insular Area Energy Policy and Programs.''.
(2) Positions at level iv.--Section 5315 of title 5, United
States Code, is amended by inserting after the item related to
the Director, Office of Science, Department of Energy the
following new item: ``Director, Office of Insular Area Energy
Policy and Programs, Department of Energy.''.
SEC. 402. COMPREHENSIVE ENERGY PLANS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Office of Insular Area Energy Policy and
Programs in the Department of Energy, in consultation with the Office
of Insular Affairs of the Department of the Interior, shall submit to
the Committees on Energy and Commerce and Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing--
(1) the results of a study of the execution of the
comprehensive energy plans required by section 9 of Public Law
113-235 (48 U.S.C. 1492a), including--
(A) initial, planned, and current sources of
renewable energy;
(B) initial, planned, and current energy imports;
and
(C) projected and actual energy needs during
calendar year 2020 for each Insular Area;
(2) the lessons learned from the preparation of these
plans;
(3) the date on which each plan was most recently updated;
and
(4) recommendations with respect to each Insular Area, on
the need to update such plans.
(b) Publication; Public Availability.--The Secretary of Energy
shall ensure that--
(1) the report required by subsection (a) is published in
the Federal Register for public comment for a period of not
fewer than 60 days; and
(2) the report required by subsection (a) and any comments
received under subsection (b) are made available on a public
website.
SEC. 403. ENERGY EFFICIENT PRODUCT REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Eligible territory.--The term ``eligible territory''
means a territory that meets the requirements of subsection
(c).
(2) Energy star program.--The term ``Energy Star program''
means the program established by section 324A of the Energy
Policy and Conservation Act (42 U.S.C. 6294a).
(3) Residential energy star product.--The term
``residential Energy Star product'' means a product for a
residence that is rated for energy efficiency under the Energy
Star program.
(4) Energy office.--The term ``energy office'' means the
government agency within the territory responsible for
developing an energy conservation plan under section 362 of the
Energy Policy and Conservation Act (42 U.S.C. 6322).
(5) Rebate program.--The term ``rebate program'' means an
energy efficient product rebate program described in subsection
(c)(1).
(b) Establishment.--The Secretary of Energy shall establish a
program, to be known as the ``Energy Efficient Product Rebate
Program'', under which the Director of the Office of Insular Area
Energy Policy and Programs shall provide allocations to eligible
territories in accordance with this section.
(c) Eligible Territories.--A territory shall be eligible to receive
an allocation under subsection (d) if the territory--
(1) establishes (or has established) an energy efficient
product rebate program to provide rebates to residential
consumers for the purchase of residential Energy Star products
to replace used products of the same type;
(2) establishes clear requirements to prevent illegal
dumping of old products and the overflow of landfills, and
ensure environmental justice;
(3) submits an application for the allocation at such time,
in such form, and containing such information as the Director
of the Office of Insular Area Energy Policy and Programs may
require; and
(4) provides assurances satisfactory to the Director of the
Office of Insular Area Energy Policy and Programs that the
territory will use the allocation to supplement, but not
supplant, funds made available to carry out the rebate program.
(d) Amount of Allocations.--
(1) In general.--Subject to paragraph (2), for each of
fiscal years 2022 through 2026, the Director of the Office of
Insular Area Energy Policy and Programs shall allocate to the
energy office of each eligible territory to carry out
subsection (e) an amount equal to the product obtained by
multiplying the amount made available under subsection (g) for
the fiscal year by the ratio that the population of the
territory in the most recent calendar year for which data are
available bears to the total population of all eligible
territories in that calendar year.
(2) Minimum allocations.--For each fiscal year, the amounts
allocated under this subsection shall be adjusted
proportionately so that no eligible territory is allocated a
sum that is less than an amount determined by the Director.
(e) Use of Allocated Funds.--An allocation to an energy office
under subsection (d) may be used to pay not more than 75 percent of the
cost of establishing and carrying out a rebate program.
(f) Issuance of Rebates.--The amount of a rebate provided under a
rebate program shall be determined by the applicable energy office,
taking into consideration--
(1) the amount of the allocation to the energy office under
subsection (d);
(2) the amount of any tax incentive available for the
purchase of the residential Energy Star product; and
(3) the difference between the cost of the residential
Energy Star product and the cost of a product that is not a
residential Energy Star product, but is of the same type as,
and is the nearest capacity, performance, and other relevant
characteristics (as determined by the energy office) to, the
residential Energy Star product.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of the
fiscal years 2022 through 2026.
SEC. 404. RENEWABLE ENERGY GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means a
not-for-profit organization determined eligible by the
Secretary for purposes of this section.
(2) Department of energy national laboratories.--The term
``Department of Energy national laboratories'' has the same
meaning as the term ``National Laboratory'' under section 2 of
the Energy Policy Act of 2005 (42 U.S.C. 15801).
(3) Microgrid.--The term ``microgrid'' means an electric
system--
(A) that serves the local community with a power
generation and distribution system; and
(B) that has the ability--
(i) to disconnect from a traditional
electric grid; and
(ii) to operate autonomously when
disconnected.
(4) Program.--The term ``Program'' means the Renewable
Energy Grant Program established under subsection (b).
(5) Smart grid.--The term ``smart grid'' means an
intelligent electric grid that uses digital communications
technology, information systems, and automation to, while
maintaining high system reliability--
(A) detect and react to local changes in usage;
(B) improve system operating efficiency; and
(C) reduce spending costs.
(b) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Insular Area
Energy Policy and Programs (referred to in this section as the
``Director'') shall establish a Renewable Energy Grant Program under
which the Director may award grants to covered entities to facilitate
projects in Insular Areas described in subsection (d).
(c) Applications.--
(1) In general.--To be eligible for a grant under the
Program, a covered entity shall submit to the Director an
application at such time, in such form, and containing such
information as the Secretary may require.
(2) Priority.--In providing grants under the Program, the
Director shall give priority to proposed projects that, as
determined by the Director--
(A) maximize public health benefits;
(B) are the most cost-effective; and
(C) serve areas with environmental justice
communities--
(i) in rural areas; or
(ii) that are poor air quality areas.
(d) Use of Funds.--
(1) In general.--A covered entity receiving a grant under
the Program may use grant funds for a project, in territories
of the United States--
(A) to develop or construct a renewable energy
system;
(B) to carry out an activity to increase energy
efficiency;
(C) to develop or construct an energy storage
system or device for--
(i) a system developed or constructed under
subparagraph (A); or
(ii) an activity carried out under
subparagraph (B);
(D) to develop or construct--
(i) a smart grid; or
(ii) a microgrid; or
(E) to train residents of territories of the United
States to develop, construct, maintain, or operate a
renewable energy system.
(2) Limitation.--A covered entity receiving a grant under
the Program may not use grant funds to develop or construct a
facility that generates electricity using energy derived from--
(A) fossil fuels; or
(B) nuclear power.
(e) Technical Assistance.--The Director shall ensure that
Department of Energy national laboratories offer to provide technical
assistance to each covered entity carrying out a project assisted with
a grant under the Program.
(f) Report.--Not later than two years after the establishment of
the Program, and on an annual basis thereafter, the Secretary shall
submit to Congress a report containing--
(1) an estimate of the amount of funds disbursed under the
Program;
(2) an estimate of the energy conservation achieved as a
result of the Program;
(3) a description of challenges encountered in implementing
projects described in subsection (d)(1); and
(4) any recommendations as to additional legislative
measures to increase the use of renewable energy in territories
of the United States, as appropriate.
(g) GAO Study and Report.--
(1) Study and report.--Not later than 180 days after the
date of enactment of this section, the Comptroller General of
the United States shall--
(A) conduct a study regarding renewable energy and
energy efficiency in territories of the United States;
and
(B) submit to Congress a report containing--
(i) the findings of the study; and
(ii) related recommendations.
(2) Components.--The study conducted under paragraph (1)
shall consider, in relation to territories of the United
States, the potential--
(A) to modify existing electric power systems to
use renewable energy sources;
(B) to expand the use of microgrids; and
(C) to improve energy resiliency.
SEC. 405. OFFSHORE WIND FOR THE TERRITORIES.
(a) Application of Outer Continental Shelf Lands Act With Respect
to Territories of the United States.--
(1) In general.--Section 2 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331) is amended--
(A) in subsection (a), by inserting ``or lying
within the exclusive economic zone of the United States
and the Outer Continental Shelf adjacent to any
territory of the United States, except that such term
shall not include any area conveyed by Congress to a
territorial government for administration'' after
``control'';
(B) in subsection (p), by striking ``and'' after
the semicolon at the end;
(C) in subsection (q), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(r) The term `State' means the several States, the Commonwealth
of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands.''.
(2) Exclusions.--Section 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344) is amended by adding at the end the
following:
``(i) This section shall not apply to the scheduling of lease sales
in the Outer Continental Shelf adjacent to the Territories of the
United States.''.
(b) Wind Lease Sales for Areas of Outer Continental Shelf.--The
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended
by adding at the end the following:
``SEC. 33. WIND LEASE SALES FOR AREAS OF OUTER CONTINENTAL SHELF.
``(a) Authorization.--The Secretary may conduct wind lease sales on
the Outer Continental Shelf.
``(b) Wind Lease Sale Procedure.--Any wind lease sale conducted
under this section shall be considered a lease under section 8(p).
``(c) Wind Lease Sales Off Coasts of Territories of the United
States.--
``(1) Study on feasibility of conducting wind lease
sales.--
``(A) In general.--The Secretary shall conduct a
study on the feasibility, including the technological
and long-term economic feasibility, and the potential
environmental effects of, conducting wind lease sales
on an area of the Outer Continental Shelf within the
territorial jurisdiction of American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, Puerto
Rico, and the Virgin Islands of the United States.
``(B) Consultation.--In conducting the study
required in subparagraph (A), the Secretary shall
consult--
``(i) the National Laboratories, as that
term is defined in section 2 of the Energy
Policy Act of 2005;
``(ii) the National Oceanic and Atmospheric
Administration, including the Office of
National Marine Sanctuaries and National Marine
Fisheries Service; and
``(iii) the Governor of each of American
Samoa, Guam, the Northern Mariana Islands,
Puerto Rico, and the Virgin Islands of the
United States.
``(C) Publication.--The study required in
subparagraph (A) shall be published in the Federal
Register for public comment for a period of not fewer
than 60 days.
``(D) Submission of results.--Not later than 18
months after the date of enactment of this section, the
Secretary shall submit the results of the study
conducted under subparagraph (A) to--
``(i) the Committee on Energy and Natural
Resources of the Senate;
``(ii) the Committee on Natural Resources
of the House of Representatives; and
``(iii) each Delegate or Resident
Commissioner to the House of Representatives
from American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, and the Virgin Islands of
the United States.
``(E) Public availability.--The Secretary shall
publish the study required under subparagraph (A) and
results submitted under subparagraph (D) on a public
website.
``(2) Call for information and nominations.--The Secretary
shall issue a call for information and nominations for proposed
wind lease sales for areas determined to be feasible under the
study conducted under paragraph (1).
``(3) Conditional wind lease sales.--
``(A) In general.--For each territory, the
Secretary shall conduct not less than 1 wind lease sale
on an area of the Outer Continental Shelf within the
territorial jurisdiction of such territory that meets
each of the following criteria:
``(i) The study required under paragraph
(1)(A) concluded that a wind lease sale on the
area is feasible.
``(ii) The Secretary has determined that
the call for information has generated
sufficient interest for the area.
``(iii) The Secretary has consulted with
the Secretary of Defense and other relevant
Federal agencies regarding such a sale.
``(iv) The Secretary has consulted with the
Governor of the territory regarding the
suitability of the area for wind energy
development.
``(B) Exception.--If no area of the Outer
Continental Shelf within the territorial jurisdiction
of a territory meets each of the criteria in clauses
(i) through (iv) of subparagraph (A), the requirement
under subparagraph (A) shall not apply to such
territory.''.
SEC. 406. STATE ENERGY PROGRAM NON-FEDERAL COST-SHARE WAIVER.
Funding made available to a territory under the Department of
Energy's State Energy Program (42 U.S.C. 6321 et seq.) shall not be
subject to a non-Federal share funding requirement.
TITLE V--ENVIRONMENTAL PROTECTION AGENCY
SEC. 501. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Director.--The term ``Director'' means the Director of
the Insular Area National Program Office.
(3) Eligible entity.--The term ``eligible entity'' means
each of the following:
(A) A government, municipality, agency, or
instrumentality of a territory.
(B) A private, nonprofit organization or
institution.
(C) An institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001), except that such term does not include
private, nonprofit institutions of higher education).
(D) Any combination of entities described in
subparagraphs (A) through (C), including partnerships
and consortiums of local governments.
(4) Office.--The term ``Office'' means the Insular Area
National Program Office established by section 502.
(5) Renewable energy.--The term ``renewable energy'' means
energy that has been derived from Earth's natural resources
that are not finite or exhaustible, including solar, wind,
hydroelectric, geothermal, ocean (thermal and mechanics).
SEC. 502. INSULAR AREA NATIONAL PROGRAM OFFICE.
(a) Establishment.--There is established within the Environmental
Protection Agency an office, to be known as the Insular Area National
Program Office. The Office shall be headed by a Director, who shall be
appointed by the Administrator and compensated at a rate equal to that
of level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(b) Duties.--The Director shall--
(1) direct, coordinate, implement, and monitor programs of
the Environmental Protection Agency to--
(A) build, enhance, and strengthen infrastructure
in Insular Areas to withstand natural disasters;
(B) expand renewable energy and energy efficiency
in Insular Areas; and
(C) provide technical assistance in Insular Areas;
and
(2) centralize and align all ongoing Environmental
Protection Agency efforts in the Insular Areas.
(c) Annual Report.--The Director shall submit an annual report to
the Committee on Natural Resources and the Committee on Energy and
Commerce of the House of Representatives, and the Committee on Energy
and Natural Resources of the Senate on the status of all projects
undertaken and grants approved by the Office.
(d) Authorization of Appropriations.--For the Insular Area National
Program Office, there is authorized to be appropriated to the
Administrator $20,000,000 for each of the fiscal years 2022 through
2026.
(e) Non-Federal Cost-Share Waiver.--Any funding made available to
Insular Areas by the Office shall not be subject to a non-Federal share
funding requirement.
SEC. 503. INSULAR AREA SUSTAINABLE INFRASTRUCTURE GRANT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Insular Area National
Program Office shall establish and carry out a program, to be known as
the Insular Area Sustainable Infrastructure Grant Program, to provide
grants to eligible entities in the Insular Areas to build, enhance, and
strengthen infrastructure systems in Insular Areas to withstand natural
disasters, including drinking water systems, septic systems, stormwater
systems, and solid waste systems.
(b) Use of Funds.--An eligible entity that receives a grant for
infrastructure system projects under the Insular Area Sustainable
Infrastructure Grant Program may use such funds for--
(1) development-phase activities, including planning,
feasibility analysis (including any related analysis necessary
to carry out an eligible project), revenue forecasting,
environmental review, permitting, preliminary engineering and
design work, and other preconstruction activities;
(2) construction, reconstruction, rehabilitation, and
replacement activities; and
(3) the acquisition of real property or an interest in real
property (including land relating to the project, and
improvements to land), environmental mitigation, construction
contingencies, and acquisition of equipment.
(c) Applications.--
(1) Inclusions.--An application under this subsection shall
include--
(A) a description of the project proposed by the
eligible entity;
(B) an evaluation (using methodology approved by
the Director) of the quantifiable and unquantifiable
benefits of the proposed project;
(C) an estimate of the cost of the proposed
project; and
(D) a description of the age and expected lifetime
of the infrastructure system funded by the project.
(2) Priority.--In providing grants under this section, the
Director shall give priority to proposed projects that, as
determined by the Director--
(A) maximize public health benefits;
(B) are the most cost effective; and
(C) serve areas with environmental justice
communities--
(i) in rural remote areas; or
(ii) that have challenged environmental
conditions.
(3) Application guidance and processes.--The Director shall
provide Insular Areas--
(A) guidance for use in applying for grant funds
under this section, including information regarding--
(i) the process and forms for applications;
(ii) permissible uses of funds received;
and
(iii) an annual deadline for submission of
the applications;
(B) a process by which the Director shall approve
or disapprove each application; and
(C) a streamlined process by which an Insular Area
may renew an application described in subparagraph (A)
for subsequent fiscal years.
(d) Limitation on Use of Funds.--
(1) Office.--The Director shall use 100 percent of the
funds made available to carry out this section to provide
grants, on a competitive basis, to eligible entities in Insular
Areas.
(2) Grant recipient.--An eligible entity may use not more
than 10 percent of a grant provided under this section for
administrative expenses of an approved project.
(e) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated to the Administrator $50,000,000
for each of the fiscal years 2022 through 2026.
SEC. 504. INSULAR AREA RENEWABLE ENERGY GRANT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Director of the Insular Area National
Program Office shall establish and carry out a program, to be known as
the Insular Area Renewable Energy Grant Program to provide grants to
eligible entities in the Insular Areas to expand renewable energy and
energy efficiency in the Insular Areas.
(b) Eligibility.--
(1) Projects eligible for assistance.--The following
projects may be carried out with amounts made available under
this section:
(A) Construction of a new renewable energy system.
(B) A project for energy redundancy and resilience
based on renewable energy and for hurricane and storm
damage reduction on renewable energy systems that the
Director determines is technically sound, economically
justified, and environmentally acceptable.
(C) A project for enhanced energy efficiency in the
operation of infrastructure that belongs to an eligible
entity.
(D) A project for repair, rehabilitation, or
replacement of a renewable energy system.
(E) A project to prevent, reduce, or mitigate the
effects of hurricanes or storms, including projects
that enhance the resilience of renewable energy
systems.
(F) Acquisition of real property or an interest in
real property--
(i) if the acquisition is integral to a
project described in subparagraphs (A) through
(D); or
(ii) pursuant to an existing plan that, in
the judgment of the Director, as applicable,
would mitigate the environmental impacts of
renewable energy system infrastructure
projects.
(G) A combination of projects under subparagraphs
(A) through (F).
(2) Activities eligible for assistance.--An eligible entity
may use a grant provided under this section for, with respect
to an eligible project--
(A) development-phase activities, including
planning, feasibility analysis (including any related
analysis necessary to carry out an eligible project),
revenue forecasting, environmental review, permitting,
preliminary engineering and design work, and other
preconstruction activities;
(B) construction, reconstruction, rehabilitation,
and replacement activities; and
(C) the acquisition of real property or an interest
in real property (including land relating to the
project, and improvements to land), environmental
mitigation, construction contingencies, and acquisition
of equipment.
(c) Applications.--
(1) Inclusions.--An application under this subsection shall
include--
(A) a description of the project proposed by the
eligible entity;
(B) an evaluation (using methodology approved by
the Director) of the quantifiable and unquantifiable
benefits of the proposed project;
(C) an estimate of the cost of the proposed
project; and
(D) a description of the age and expected lifetime
of a renewable energy or energy efficiency system
funded by the project.
(2) Priority.--In providing grants under this section, the
Director shall give priority to proposed projects that, as
determined by the Director--
(A) maximize public health benefits;
(B) are the most cost effective; and
(C) serve areas with environmental justice
communities--
(i) in rural remote areas; or
(ii) that are poor air quality areas.
(3) Application guidance and processes.--The Director shall
provide Insular Areas--
(A) guidance for use in applying for grant funds
under this section, including information regarding--
(i) the process and forms for applications;
(ii) permissible uses of funds received;
and
(iii) an annual deadline for submission of
the applications;
(B) a process by which the Director shall approve
or disapprove each application; and
(C) a streamlined process by which an Insular Area
may renew an application described in subparagraph (A)
for subsequent fiscal years.
(d) Limitation on Use of Funds.--
(1) Office.--The Director shall use 100 percent of the
funds made available to carry out this section to provide
grants, on a competitive basis, to eligible entities in Insular
Areas.
(2) Grant recipient.--An eligible entity may use not more
than 10 percent of a grant provided under this section to fund
administrative expenses of an approved project.
(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated to the Administrator $50,000,000
for each of the fiscal years 2022 through 2026.
SEC. 505. INSULAR AREA TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--The Director shall establish a program, to be
known as the Insular Area Technical Assistance Program, to provide
technical assistance to Insular Areas relating to climate change
planning, mitigation, adaptation, and resilience.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $5,000,000
for each of the fiscal years 2022 through 2026.
TITLE VI--EMERGENCY MANAGEMENT
SEC. 601. COMMUNITY DISASTER LOANS REPAYMENT CANCELLATION.
Notwithstanding any other provision of law, repayment of a loan
made to a local government in an Insular Area under section 417 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5184), including any interest on such loan, shall be canceled.
SEC. 602. DISASTER RELIEF NON-FEDERAL COST-SHARE WAIVER.
Funding made available to an Insular Area for disaster relief,
long-term recovery, restoration of infrastructure and housing, economic
revitalization, and mitigation pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
shall not be subject to a non-Federal share funding requirement.
TITLE VII--SENSE OF CONGRESS REGARDING THE THREAT OF CLIMATE CHANGE
SEC. 701. SENSE OF CONGRESS REGARDING THE THREAT OF CLIMATE CHANGE.
It is the sense of Congress that--
(1) climate change is an existential threat to the Freely
Associated States; and
(2) the United States should examine additional ways to
help the Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau address and
mitigate the impacts of climate change and rising sea level
through their respective Compacts of Free Association.
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