,,ii ,calendar ,no4 #ajd #aagth ,,congress #ast ,session ,s4 #bcgg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ai1 #bjba,mr4 ,manchin1 from the ,committee on ,energy and ,natural ,resources1 reported the following original bill2 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 technologies1 update existing infrastructure to be reliable and resilient1 and secure energy infrastructure against physical and cyber threats1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,energy ,infrastructure ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,grid infrastructure and resiliency,subtitle ,a--,grid infrastructure resilience and reliability,sec4 #ajja4 ,preventing outages and enhancing the resilience of the electric grid4,sec4 #ajjb4 ,hazard mitigation using disaster assistance4,sec4 #ajjc4 ,electric grid reliability and resilience research1 development1 and demonstration4,sec4 #ajjd4 ,utility demand response4,sec4 #ajje4 ,siting of interstate electric transmission facilities4,sec4 #ajjf4 ,rulemaking to increase the effectiveness of interregional transmission planning4,sec4 #ajjg4 ,transmission facilitation program4,sec4 #ajjh4 ,deployment of technologies to enhance grid flexibility4,sec4 #ajji4 ,state energy security plans4,sec4 #ajaj4 ,state energy program4,sec4 #ajaa4 ,power marketing administration transmission borrowing authority4,sec4 #ajab4 ,study of codes and standards for use of energy storage systems across sectors4,sec4 #ajac4 ,demonstration of electric vehicle battery second-life applications for grid services4,sec4 #ajad4 ,columbia ,basin power management4,subtitle ,b--,cybersecurity,sec4 #aaja4 ,enhancing grid security through public-private partnerships4,sec4 #aajb4 ,energy ,cyber ,sense program4,sec4 #aajc4 ,incentives for advanced cybersecurity technology investment4,sec4 #aajd4 ,rural and municipal utility advanced cybersecurity grant and technical assistance program4,sec4 #aaje4 ,enhanced grid security4,sec4 #aajf4 ,cybersecurity plan4,sec4 #aajg4 ,savings provision4,,title ,,ii--,supply chains for clean energy technologies,sec4 #bjja4 ,earth ,mapping ,resources ,initiative4,sec4 #bjjb4 ,national ,cooperative ,geologic ,mapping ,program4,sec4 #bjjc4 ,national ,geological and ,geophysical ,data ,preservation ,program4,sec4 #bjjd4 ,,usgs energy and minerals research facility4,sec4 #bjje4 ,rare earth elements demonstration facility4,sec4 #bjjf4 ,critical minerals supply chains and reliability4,sec4 #bjjg4 ,battery processing and manufacturing4,sec4 #bjjh4 ,electric drive vehicle battery recycling and second-life applications program4,sec4 #bjji4 ,advanced energy manufacturing and recycling grant program4,sec4 #bjaj4 ,critical minerals mining and recycling research4,sec4 #bjaa4 #bast ,century ,energy ,workforce ,advisory ,board4,,title ,,iii--,fuels and technology infrastructure investments,subtitle ,a--,carbon capture1 utilization1 storage1 and transportation infrastructure,sec4 #cjja4 ,findings4,sec4 #cjjb4 ,carbon utilization program4,sec4 #cjjc4 ,carbon capture technology program4,sec4 #cjjd4 ,carbon dioxide transportation infrastructure finance and innovation4,sec4 #cjje4 ,carbon storage validation and testing4,sec4 #cjjf4 ,secure geologic storage permitting4,sec4 #cjjg4 ,geologic carbon sequestration on the outer ,continental ,shelf4,sec4 #cjjh4 ,carbon removal4,subtitle ,b--,hydrogen research and development,sec4 #caja4 ,findings2 purpose4,sec4 #cajb4 ,definitions4,sec4 #cajc4 ,clean hydrogen research and development program4,sec4 #cajd4 ,additional clean hydrogen programs4,sec4 #caje4 ,clean hydrogen production qualifications4,subtitle ,c--,nuclear energy infrastructure,sec4 #cbja4 ,infrastructure planning for micro and small modular nuclear reactors4,sec4 #cbjb4 ,property interests relating to certain projects and protection of information relating to certain agreements4,sec4 #cbjc4 ,civil nuclear credit program4,subtitle ,d--,hydropower,sec4 #ccja4 ,hydroelectric production incentives4,sec4 #ccjb4 ,hydroelectric efficiency improvement incentives4,sec4 #ccjc4 ,maintaining and enhancing hydroelectricity incentives4,sec4 #ccjd4 ,pumped storage hydropower wind and solar integration and system reliability initiative4,sec4 #ccje4 ,authority for pumped storage hydropower development using multiple ,bureau of ,reclamation reservoirs4,sec4 #ccjf4 ,limitations on issuance of certain leases of power privilege4,subtitle ,e--,miscellaneous,sec4 #cdja4 ,solar energy technologies on current and former mine land4,sec4 #cdjb4 ,clean energy demonstration program on current and former mine land4,sec4 #cdjc4 ,leases1 easements1 and rights-of-way for energy and related purposes on the outer ,continental ,shelf4,,title ,,iv--,enabling energy infrastructure investment and data collection,subtitle ,a--,department of ,energy loan program,sec4 #djja4 ,department of ,energy loan programs4,subtitle ,b--,energy ,information ,administration,sec4 #daja4 ,definitions4,sec4 #dajb4 ,data collection in the electricity sector4,sec4 #dajc4 ,expansion of energy consumption surveys4,sec4 #dajd4 ,data collection on electric vehicle integration with the electricity grids4,sec4 #daje4 ,plan for the modeling and forecasting of demand for minerals used in the energy sector4,sec4 #dajf4 ,expansion of international energy data4,sec4 #dajg4 ,plan for the ,national ,energy ,modeling ,system4,sec4 #dajh4 ,report on costs of carbon abatement in the electricity sector4,sec4 #daji4 ,harmonization of efforts and data4,subtitle ,c--,miscellaneous,sec4 #dbja4 ,consideration of measures to promote greater electrification of the transportation sector4,sec4 #dbjb4 ,office of public participation4,sec4 #dbjc4 ,digital climate solutions report4,sec4 #dbjd4 ,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 pipeline4,sec4 #dbje4 ,study on impact of electric vehicles4,sec4 #dbjf4 ,study on impact of forced labor in ,china on the electric vehicle supply chain4,,title ,v--,energy efficiency and building infrastructure,subtitle ,a--,residential and commercial energy efficiency,sec4 #ejja4 ,definitions4,sec4 #ejjb4 ,energy efficiency revolving loan fund capitalization grant program4,sec4 #ejjc4 ,energy auditor training grant program4,subtitle ,b--,buildings,sec4 #eaja4 ,cost-effective codes implementation for efficiency and resilience4,sec4 #eajb4 ,building1 training1 and assessment centers4,sec4 #eajc4 ,career skills training4,sec4 #eajd4 ,commercial building energy consumption information sharing4,subtitle ,c--,industrial energy efficiency,p,a,r,t ,i--,industry,sec4 #ebja4 ,future of industry program and industrial research and assessment centers4,sec4 #ebjb4 ,sustainable manufacturing initiative4,,part ,,ii--,smart manufacturing,sec4 #ebaa4 ,definitions4,sec4 #ebab4 ,leveraging existing agency programs to assist small and medium manufacturers4,sec4 #ebac4 ,leveraging smart manufacturing infrastructure at ,national ,laboratories4,sec4 #ebad4 ,state manufacturing leadership4,sec4 #ebae4 ,report4,subtitle ,d--,schools and nonprofits,sec4 #ecja4 ,grants for energy efficiency improvements and renewable energy improvements at public school facilities4,sec4 #ecjb4 ,energy efficiency materials pilot program4,subtitle ,e--,miscellaneous,sec4 #edja4 ,weatherization assistance program4,sec4 #edjb4 ,energy ,efficiency and ,conservation ,block ,grant ,program4,sec4 #edjc4 ,survey1 analysis1 and report on employment and demographics in the energy1 energy efficiency1 and motor vehicle sectors of the ,united ,states4,sec4 #edjd4 ,assisting ,federal ,facilities with ,energy ,conservation ,technologies grant program4,sec4 #edje4 ,rebates4,sec4 #edjf4 ,model guidance for combined heat and power systems and waste heat to power systems4,,title ,,vi--,methane reduction infrastructure,sec4 #fjja4 ,orphaned well site plugging1 remediation1 and restoration4,,title ,,vii--,abandoned mine land reclamation,sec4 #gjja4 ,abandoned ,mine ,reclamation ,fund authorization of appropriations4,sec4 #gjjb4 ,abandoned mine reclamation fee4,sec4 #gjjc4 ,amounts distributed from ,abandoned ,mine ,reclamation ,fund4,sec4 #gjjd4 ,abandoned hardrock mine reclamation4,,title ,,viii--,natural resources-related infrastructure1 wildfire management1 and ecosystem restoration,sec4 #hjja4 ,forest ,service ,legacy ,road and ,trail ,remediation ,program4,sec4 #hjjb4 ,study and report on feasibility of revegetating reclaimed mine sites4,sec4 #hjjc4 ,wildfire risk reduction4,sec4 #hjjd4 ,ecosystem restoration4,sec4 #hjje4 ,,gao study4,sec4 #hjjf4 ,establishment of fuel breaks in forests and other wildland vegetation4,sec4 #hjjg4 ,emergency actions4,,title ,,ix--,western water infrastructure,sec4 #ijja4 ,authorizations of appropriations4,sec4 #ijjb4 ,water storage1 groundwater storage1 and conveyance projects4,sec4 #ijjc4 ,small water storage and groundwater storage projects4,sec4 #ijjd4 ,critical maintenance and repair4,sec4 #ijje4 ,competitive grant program for large-scale water recycling and reuse program4,sec4 #ijjf4 ,drought contingency plan funding requirements4,sec4 #ijjg4 ,multi-benefit projects to improve watershed health4,sec4 #ijjh4 ,eligible desalination projects4,sec4 #ijji4 ,clarification of authority to use coronavirus fiscal recovery funds to meet a non-,federal matching requirement for authorized ,bureau of ,reclamation water projects4,sec4 #ijaj4 ,federal assistance for groundwater recharge1 aquifer storage1 and water source substitution projects4,,title ,x--,authorization of appropriations for ,energy ,act of #bjbj ,sec4 #ajjja4 ,energy storage demonstration projects4,sec4 #ajjjb4 ,advanced reactor demonstration program4,sec4 #ajjjc4 ,mineral security projects4,sec4 #ajjjd4 ,carbon capture demonstration and pilot programs4,sec4 #ajjje4 ,direct air capture technologies prize competitions4,sec4 #ajjjf4 ,water power projects4,sec4 #ajjjg4 ,renewable energy projects4,sec4 #ajjjh4 ,industrial emissions demonstration projects4,,title ,,xi--,wage rate requirements,sec4 #aajja4 ,wage rate requirements4,,title ,,xii--,miscellaneous,sec4 #abjja4 ,office of ,clean ,energy ,demonstrations4,sec4 #abjjb4 ,extension of ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj4 #b4 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means the ,department of ,energy4 7#b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 ,i ,grid infrastructure and resiliency ,a ,grid infrastructure resilience and reliability #ajja4 ,preventing outages and enhancing the resilience of the electric grid 7a7 ,definitions ,in this section3 7#a7 ,disruptive event ,the term disruptive event means an event in which operations of the electric grid are disrupted1 preventively shut off1 or cannot operate safely due to extreme weather1 wildfire1 or a natural disaster4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 an electric grid operator2 7,b7 an electricity storage operator2 7,c7 an electricity generator2 7,d7 a transmission owner or operator2 7,e7 a distribution provider2 7,f7 a fuel supplier2 and 7,g7 any other relevant entity1 as determined by the ,secretary4 7#c7 ,natural disaster ,the term natural disaster has the meaning given the term in section #fjb7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaie;a7a774 7#d7 ,power line ,the term power line includes a transmission line or a distribution line1 as applicable4 7#e7 ,program ,the term program means the program established under subsection 7b74 7b7 ,establishment of program ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program under which the ,secretary shall make grants to eligible entities1 ,states1 and ,indian ,tribes in accordance with this section4 7c7 ,grants to eligible entities 7#a7 ,in general ,the ,secretary may make a grant under the program to an eligible entity to carry out activities that-- 7,a7 are supplemental to existing hardening efforts of the eligible entity planned for any given year2 and 7,b7 7i7 reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire2 or 7ii7 increase the ability of the eligible entity to reduce the likelihood and consequences of disruptive events4 7#b7 ,application 7,a7 ,in general ,an eligible entity desiring a grant under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,requirement ,as a condition of receiving a grant under the program1 an eligible entity shall submit to the ,secretary1 as part of the application of the eligible entity submitted under subparagraph 7,a71 a report detailing past1 current1 and future efforts by the eligible entity to reduce the likelihood and consequences of disruptive events4 7#c7 ,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 #c years on efforts to reduce the likelihood and consequences of disruptive events4 7#d7 ,priority ,in making grants to eligible entities under the program1 the ,secretary shall give priority to projects that1 in the determination of the ,secretary1 will generate the greatest community benefit 7whether rural or urban7 in reducing the likelihood and consequences of disruptive events4 7#e7 ,small utilities set aside ,the ,secretary shall ensure that not less than #cj percent of the amounts made available to eligible entities under the program are made available to eligible entities that sell not more than #d1jjj1jjj megawatt hours of electricity per year4 7d7 ,grants to ,states and ,indian ,tribes 7#a7 ,in general ,the ,secretary1 in accordance with this subsection1 may make grants under the program to ,states and ,indian ,tribes1 which each ,state or ,indian ,tribe may use to award grants to eligible entities4 7#b7 ,annual application 7,a7 ,in general ,for each fiscal year1 to be eligible to receive a grant under this subsection1 a ,state or ,indian ,tribe shall submit to the ,secretary an application that includes a plan described in subparagraph 7,b74 7,b7 ,plan required ,a plan prepared by a ,state or ,indian ,tribe for purposes of an application described in subparagraph 7,a7 shall-- 7i7 describe the criteria and methods that will be used by the ,state or ,indian ,tribe to award grants to eligible entities2 7ii7 be adopted after notice and a public hearing2 and 7iii7 describe the proposed funding distributions and recipients of the grants to be provided by the ,state or ,indian ,tribe4 7#c7 ,distribution of funds 7,a7 ,in general ,the ,secretary shall provide grants to ,states and ,indian ,tribes under this subsection based on a formula determined by the ,secretary1 in accordance with subparagraph 7,b74 7,b7 ,requirement ,the formula referred to in subparagraph 7,a7 shall be based on the following factors3 7i7 ,the total population of the ,state or ,indian ,tribe4 7ii7 7,i7 ,the total area of the ,state or the land of the ,indian ,tribe2 or 7,,ii7 the areas in the ,state or on the land of the ,indian ,tribe with a low ratio of electricity customers per mileage of power lines4 7iii7 ,the probability of disruptive events in the ,state or on the land of the ,indian ,tribe during the previous #aj years1 as determined based on the number of federally declared disasters or emergencies in the ,state or on the land of the ,indian ,tribe1 as applicable1 including-- 7,i7 disasters for which ,fire ,management ,assistance ,grants are provided under section #dbj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahg72 7,,ii7 major disasters declared by the ,president under section #dja of that ,act 7#db ,u4,s4,c4 #eagj72 7,,iii7 emergencies declared by the ,president under section #eja of that ,act 7#db ,u4,s4,c4 #eaia72 and 7,,iv7 any other federally declared disaster or emergency in the ,state or on the land of the ,indian ,tribe4 7iv7 ,the number and severity1 measured by population and economic impacts1 of disruptive events experienced by the ,state or ,indian ,tribe on or after ,january #a1 #bjaa4 7v7 ,the total amount1 on a per capita basis1 of public and private expenditures during the previous #aj 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 ,tribe1 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 expenditures4 7,c7 ,annual update of data used in distribution of funds ,beginning #a year after the date of enactment of this ,act1 the ,secretary shall annually update-- 7i7 all data relating to the factors described in subparagraph 7,b72 and 7ii7 all other data used in distributing grants to ,states and ,indian ,tribes under this subsection4 7#d7 ,oversight ,the ,secretary shall ensure that each grant provided to a ,state or ,indian ,tribe under the program is allocated1 pursuant to the applicable plan of the ,state or ,indian ,tribe1 to eligible entities for projects within the ,state or on the land of the ,indian ,tribe4 7#e7 ,priority ,in making grants to eligible entities using funds made available to the applicable ,state or ,indian ,tribe under the program1 the ,state or ,indian ,tribe shall give priority to projects that1 in the determination of the ,state or ,indian ,tribe1 will generate the greatest community benefit 7whether rural or urban7 in reducing the likelihood and consequences of disruptive events4 7#f7 ,small utilities set aside ,a ,state or ,indian ,tribe receiving a grant under the program shall ensure that1 of the amounts made available to eligible entities from funds made available to the ,state or ,indian ,tribe under the program1 the percentage made available to eligible entities that sell not more than #d1jjj1jjj 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 entities4 7#g7 ,technical assistance and administrative expenses ,of the amounts made available to a ,state or ,indian ,tribe under the program each fiscal year1 the ,state or ,indian ,tribe may use not more than #e percent for-- 7,a7 providing technical assistance under subsection 7g77#a77;,a72 and 7,b7 administrative expenses associated with the program4 7#h7 ,matching requirement ,each ,state and ,indian ,tribe shall be required to match #ae percent of the amount of each grant provided to the ,state or ,indian ,tribe under the program4 7e7 ,use of grants 7#a7 ,in general ,a grant awarded to an eligible entity under the program may be used for activities1 technologies1 equipment1 and hardening measures to reduce the likelihood and consequences of disruptive events1 including-- 7,a7 weatherization technologies and equipment2 7,b7 fire-resistant technologies and fire prevention systems2 7,c7 monitoring and control technologies2 7,d7 the undergrounding of electrical equipment2 7,e7 utility pole management2 7,f7 the relocation of power lines or the reconductoring of power lines with low-sag1 advanced conductors2 7,g7 vegetation and fuel-load management2 7,h7 the use or construction of distributed energy resources for enhancing system adaptive capacity during disruptive events1 including-- 7i7 microgrids2 and 7ii7 battery-storage subcomponents2 7,i7 adaptive protection technologies2 7,j7 advanced modeling technologies2 7,k7 hardening of power lines1 facilities1 substations1 of other systems2 and 7,l7 the replacement of old overhead conductors and underground cables4 7#b7 ,prohibitions and limitations 7,a7 ,in general ,a grant awarded to an eligible entity under the program may not be used for-- 7i7 construction of a new-- 7,i7 electric generating facility2 or 7,,ii7 large-scale battery-storage facility that is not used for enhancing system adaptive capacity during disruptive events2 or 7ii7 cybersecurity4 7,b7 ,certain investments eligible for recovery 7i7 ,in general ,an eligible entity may not seek cost recovery for the portion of the cost of any system1 technology1 or equipment that is funded through a grant awarded under the program4 7ii7 ,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 system1 technology1 or equipment that is not funded by a grant awarded under the program4 7,c7 ,application limitations ,an eligible entity may not submit an application for a grant provided by the ,secretary under subsection 7c7 and a grant provided by a ,state or ,indian ,tribe pursuant to subsection 7d7 during the same application cycle4 7f7 ,distribution of funding ,of the amounts made available to carry out the program for a fiscal year1 the ,secretary shall ensure that-- 7#a7 #ej percent is used to award grants to eligible entities under subsection 7c72 and 7#b7 #ej percent is used to make grants to ,states and ,indian ,tribes under subsection 7d74 7g7 ,technical and other assistance 7#a7 ,in general ,the ,secretary1 ,states1 and ,indian ,tribes may-- 7,a7 provide technical assistance and facilitate the distribution and sharing of information to reduce the likelihood and consequences of disruptive events2 and 7,b7 promulgate consumer-facing information and resources to inform the public of best practices and resources relating to reducing the likelihood and consequences of disruptive events4 7#b7 ,use of funds by the ,secretary ,of the amounts made available to the ,secretary to carry out the program each fiscal year1 the ,secretary may use not more than #e percent for-- 7,a7 providing technical assistance under paragraph 7#a77;,a72 and 7,b7 administrative expenses associated with the program4 7h7 ,matching requirement 7#a7 ,in general ,except as provided in paragraph 7#b71 an eligible entity that receives a grant under this section shall be required to match #ajj percent of the amount of the grant4 7#b7 ,exception for small utilities ,an eligible entity that sells not more than #d1jjj1jjj megawatt hours of electricity per year shall be required to match #a_/c of the amount of the grant4 7i7 ,biennial report to congress 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter through #bjbf1 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 program4 7#b7 ,requirements ,the report under paragraph 7#a7 shall include information and data on-- 7,a7 the costs of the projects for which grants are awarded to eligible entities2 7,b7 the types of activities1 technologies1 equipment1 and hardening measures funded by those grants2 and 7,c7 the extent to which the ability of the power grid to withstand disruptive events has increased4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #e1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #ajjb4 ,hazard mitigation using disaster assistance ,section #djd7;f77#ab7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c7f77#ab77 is amended-- 7#a7 by inserting and wildfire after windstorm2 7#b7 by striking including replacing and inserting the following3 8including-- 7,a7 replacing 2 7#c7 in subparagraph 7,a7 7as so designated7-- 7,a7 by inserting 1 wildfire1 after extreme wind2 and 7,b7 by adding and after the semicolon at the end2 and 7#d7 by adding at the end the following3 7,b7 the installation of fire-resistant wires and infrastructure and the undergrounding of wires2 4 #ajjc4 ,electric grid reliability and resilience research1 development1 and demonstration 7a7 ,definition of ,federal financial assistance ,in this section1 the term ,federal financial assistance has the meaning given the term in section #bjj4a of title #b1 ,code of ,federal ,regulations4 7b7 ,energy infrastructure ,federal financial assistance program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means each of-- 7i7 a ,state2 7ii7 a combination of #b or more ,states2 7iii7 an ,indian ,tribe2 7iv7 a unit of local government2 and 7v7 a public utility commission4 7,b7 ,program ,the term program means the competitive ,federal financial assistance program established under paragraph 7#b74 7#b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program1 to be known as the ,program ,upgrading ,our ,electric ,grid and ,ensuring ,reliability and ,resiliency1 to provide1 on a competitive basis1 ,federal financial assistance to eligible entities to carry out the purpose described in paragraph 7#c74 7#c7 ,purpose ,the purpose of the program is to coordinate and collaborate with electric sector owners and operators-- 7,a7 to demonstrate innovative approaches to transmission1 storage1 and distribution infrastructure to harden and enhance resilience and reliability2 and 7,b7 to demonstrate new approaches to enhance regional grid resilience1 implemented through ,states by public and rural electric cooperative entities on a cost-shared basis4 7#d7 ,applications ,to be eligible to receive ,federal financial assistance under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a description of-- 7,a7 how the ,federal financial assistance would be used2 7,b7 the expected beneficiaries1 and 7,c7 in the case of a proposal from an eligible entity described in paragraph 7#a77;,a77ii71 how the proposal would improve regional energy infrastructure4 7#e7 ,selection ,the ,secretary shall select eligible entities to receive ,federal financial assistance under the program on a competitive basis4 7#f7 ,cost share ,section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7 shall apply to ,federal financial assistance provided under the program4 7#g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection1 #e1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7c7 ,energy improvement in rural or remote areas 7#a7 ,definition of rural or remote area ,in this subsection1 the term rural or remote area means a city1 town1 or unincorporated area that has a population of not more than #aj1jjj inhabitants4 7#b7 ,required activities ,the ,secretary shall carry out activities to improve in rural or remote areas of the ,united ,states-- 7,a7 the resilience1 safety1 reliability1 and availability of energy2 and 7,b7 environmental protection from adverse impacts of energy generation4 7#c7 ,federal financial assistance ,the ,secretary1 in consultation with the ,secretary of the ,interior1 may provide ,federal financial assistance to rural or remote areas for the purpose of-- 7,a7 overall cost-effectiveness of energy generation1 transmission1 or distribution systems2 7,b7 siting or upgrading transmission and distribution lines2 7,c7 reducing greenhouse gas emissions from energy generation by rural or remote areas2 7,d7 providing or modernizing electric generation facilities2 7,e7 developing microgrids2 and 7,f7 increasing energy efficiency4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection1 #a1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7d7 ,energy infrastructure resilience framework 7#a7 ,in general ,the ,secretary1 in collaboration with the ,secretary of ,homeland ,security1 the ,federal ,energy ,regulatory ,commission1 the ,north ,american ,electric ,reliability ,corporation1 and interested energy infrastructure stakeholders1 shall develop common analytical frameworks1 tools1 metrics1 and data to assess the resilience1 reliability1 safety1 and security of energy infrastructure in the ,united ,states1 including by developing and storing an inventory of easily transported high-voltage recovery transformers and other required equipment4 7#b7 ,assessment and report 7,a7 ,assessment ,the ,secretary shall carry out an assessment of-- 7i7 with respect to the inventory of high-voltage recovery transformers1 new transformers1 and other equipment proposed to be developed and stored under paragraph 7#a7-- 7,i7 the policies1 technical specifications1 and logistical and program structures necessary to mitigate the risks associated with the loss of high-voltage recovery transformers2 7,,ii7 the technical specifications for high-voltage recovery transformers2 7,,iii7 where inventory of high-voltage recovery transformers should be stored2 7,,iv7 the quantity of high-voltage recovery transformers necessary for the inventory2 7,v7 how the stored inventory of high-voltage recovery transformers would be secured and maintained2 7,,vi7 how the high-voltage recovery transformers may be transported2 7,,vii7 opportunities for developing new flexible advanced transformer designs2 and 7,,viii7 whether new ,federal regulations or cost-sharing requirements are necessary to carry out the storage of high-voltage recovery transformers2 and 7ii7 any efforts carried out by industry as of the date of the assessment-- 7,i7 to share transformers and equipment2 7,,ii7 to develop plans for next generation transformers2 and 7,,iii7 to plan for surge and long-term manufacturing of1 and long-term standardization of1 transformer designs4 7,b7 ,protection of information ,information that is provided to1 generated by1 or collected by the ,secretary under subparagraph 7,a7 shall be considered to be critical electric infrastructure information under section #bae;,a of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a74 7,c7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the assessment carried out under subparagraph 7,a74 #ajjd4 ,utility demand response 7a7 ,consideration of demand-,response standard 7#a7 ,in general ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding at the end the following3 7#bj7 ,demand-response practices 7,a7 ,in general ,each electric utility shall promote the use of demand-response and demand flexibility practices by commercial1 residential1 and industrial consumers to reduce electricity consumption during periods of unusually high demand4 7,b7 ,rate recovery 7i7 ,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 7,a74 7ii7 ,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 7,a74 4 7#b7 ,compliance 7,a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#g7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority7 and each nonregulated electric utility shall commence consideration under section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority71 and each nonregulated electric utility shall complete the consideration and make the determination under section #aaa with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 4 7,b7 ,failure to comply 7i7 ,in general ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended-- 7,i7 by striking such paragraph 7#ad7 and all that follows through paragraphs 7#af7 and inserting such paragraph 7#ad74 ,in the case of the standard established by paragraph 7#ae7 of section #aaa7;d71 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 7#ae74 ,in the case of the standards established by paragraphs 7#af72 and 7,,ii7 by adding at the end the following3 ,in the case of the standard established by paragraph 7#bj7 of section #aaa7;d71 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 7#bj744 7ii7 ,technical correction ,paragraph 7#b7 of section #abed7;b7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #iga7 is repealed and the amendment made by that paragraph 7as in effect on the day before the date of enactment of this ,act7 is void1 and section #aab7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;d77 shall be in effect as if that amendment had not been enacted4 7,c7 ,prior ,state actions 7i7 ,in general ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following3 7g7 ,prior ,state actions ,subsections 7b7 and 7c7 shall not apply to the standard established by paragraph 7#bj7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the date of enactment of this subsection-- 7#a7 the ,state has implemented for the electric utility the standard 7or a comparable standard72 7#b7 the ,state regulatory authority for the ,state or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard 7or a comparable standard7 for the electric utility2 or 7#c7 the ,state legislature has voted on the implementation of the standard 7or a comparable standard7 for the electric utility4 4 7ii7 ,cross-reference ,section #abd of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfcd7 is amended-- 7,i7 by striking this subsection each place it appears and inserting this section2 and 7,,ii7 by adding at the end the following3 ,in the case of the standard established by paragraph 7#bj7 of section #aaa7;d71 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 7#bj744 7b7 ,optional features of ,state energy conservation plans ,section #cfb7;d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77 is amended-- 7#a7 in paragraph 7#af71 by striking and at the end2 7#b7 by redesignating paragraph 7#ag7 as paragraph 7#ah72 and 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 programs that promote the installation and use of demand-response technology and demand-response practices2 and 4 7c7 ,federal ,energy ,management ,program ,section #edc7;i7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7;i77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 to reduce energy consumption during periods of unusually high electricity or natural gas demand4 2 and 7#b7 in paragraph 7#c77;,a7-- 7,a7 in clause 7v71 by striking and at the end2 7,b7 in clause 7vi71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7vii7 promote the installation of demand-response technology and the use of demand-response practices in ,federal buildings4 4 7d7 ,components of ,zero-,net-,energy ,commercial ,buildings ,initiative ,section #dbb7;d77#c7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjhb7;d77 is amended by inserting 7including demand-response technologies1 practices1 and policies7 after policies4 #ajje4 ,siting of interstate electric transmission facilities 7a7 ,designation of ,national ,interest ,electric ,transmission ,corridors ,section #baf7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting and ,indian ,tribes after affected ,states2 and 7,b7 by inserting capacity constraints and before congestion2 7#b7 in paragraph 7#b7-- 7,a7 by striking ,after and inserting ,not less frequently than once every #c years1 the ,secretary1 after2 and 7,b7 by striking affected ,states and all that follows through the period at the end and inserting the following3 8affected ,states and ,indian ,tribes71 shall issue a report1 based on the study under paragraph 7#a7 or other information relating to electric transmission capacity constraints and congestion1 which may designate as a national interest electric transmission corridor any geographic area that-- 7i7 is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers2 or 7ii7 is expected to experience such energy transmission capacity constraints or congestion4 2 7#c7 in paragraph 7#c7-- 7,a7 by striking ,the ,secretary shall conduct the study and issue the report in consultation and inserting ,not less frequently than once every #c years1 the ,secretary1 in conducting the study under paragraph 7#a7 and issuing the report under paragraph 7#b71 shall consult2 and 7#d7 in paragraph 7#d7-- 7,a7 in subparagraph 7,c71 by inserting or energy security after independence2 7,b7 in subparagraph 7,d71 by striking and at the end2 7,c7 in subparagraph 7,e71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7,f7 the designation would enhance the ability of facilities that generate or transmit firm or intermittent energy to connect to the electric grid2 7,g7 the designation-- 7i7 maximizes existing rights-of-way2 and 7ii7 avoids and minimizes1 to the maximum extent practicable1 and offsets to the extent appropriate and practicable1 sensitive environmental areas and cultural heritage sites2 and 7,h7 the designation would result in a reduction in the cost to purchase electric energy for consumers4 4 7b7 ,construction ,permit ,section #baf7;b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a77ii71 by inserting or interregional benefits after interstate benefits2 and 7,b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 a ,state commission or other entity that has authority to approve the siting of the facilities-- 7i7 has not made a determination on an application seeking approval pursuant to applicable law by the date that is #a year after the later of-- 7,i7 the date on which the application was filed2 and 7,,ii7 the date on which the relevant national interest electric transmission corridor was designated by the ,secretary under subsection 7a72 7ii7 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 feasible2 or 7iii7 has denied an application seeking approval pursuant to applicable law2 4 7c7 ,rights-of-,way ,section #baf7;e77#a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7e77#a77 is amended by striking modify the transmission facilities1 the and inserting modify1 and operate and maintain1 the transmission facilities and1 in the determination of the ,commission1 the permit holder has made good faith efforts to engage with landowners and other stakeholders early in the applicable permitting process1 the4 7d7 ,interstate ,compacts ,section #baf7;i7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7i77 is amended-- 7#a7 in paragraph 7#b71 by striking may and inserting shall2 and 7#b7 in paragraph 7#d71 by striking the members and all that follows through the period at the end and inserting the following3 8the ,secretary determines that the members of the compact are in disagreement after the later of-- 7,a7 the date that is #a year after the date on which the relevant application for the facility was filed2 and 7,b7 the date that is #a year after the date on which the relevant national interest electric transmission corridor was designated by the ,secretary under subsection 7a74 4 #ajjf4 ,rulemaking to increase the effectiveness of interregional transmission planning 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,federal ,energy ,regulatory ,commission shall initiate a rulemaking addressing-- 7#a7 the effectiveness of existing planning processes for identifying interregional transmission projects that provide economic1 reliability and operational benefits1 taking into consideration the public interest1 the integrity of markets1 and the protection of consumers2 7#b7 changes to the processes described in paragraph 7#a7 to ensure that efficient1 cost-effective1 and broadly beneficial interregional transmission solutions are selected for cost allocation1 taking into consideration-- 7,a7 the public interest2 7,b7 the protection of consumers2 7,c7 the broad range of economic1 reliability1 and operational benefits that interregional transmission provides2 7,d7 the needs of load-serving entities to satisfy their native load service obligations2 7,e7 the need for single projects to secure approvals based on a comprehensive assessment of the multiple benefits provided2 7,f7 the importance of synchronization of planning processes in neighboring regions1 such as using a joint model on a consistent timeline with a single set of needs1 input assumptions1 and benefit metrics2 7,g7 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 system2 7,h7 that transmission planning authorities should allow for the identification and joint evaluation of alternatives2 and 7,i7 that interregional planning should be done regularly and not less frequently than once every #e years2 and 7#c7 cost allocation methodologies that reflect the multiple benefits provided by interregional transmission solutions1 including economic1 reliability1 and operational benefits4 7b7 ,timing ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,energy ,regulatory ,commission shall promulgate a final rule to complete the rulemaking initiated under subsection 7a74 7c7 ,savings provision ,nothing in this section modifies the obligations of the ,commission under section #bag7;b77#d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdq7b77#d774 #ajjg4 ,transmission facilitation program 7a7 ,definitions ,in this section3 7#a7 ,capacity contract ,the term capacity contract means a contract entered into by the ,secretary and an eligible entity under subsection 7e77#a77;,a7 for the right to the use of the transmission capacity of an eligible project4 7#b7 ,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-- 7,a7 #a1jjj megawatts2 or 7,b7 in the case of a project that consists of upgrading an existing transmission line or constructing a new transmission line in an existing transmission1 transportation1 or telecommunications infrastructure corridor1 #ejj megawatts4 7#c7 ,eligible entity ,the term eligible entity means a non-,federal entity seeking to carry out an eligible project4 7#d7 ,eligible project ,the term eligible project means a project 7including any related facility7-- 7,a7 to construct a new or replace an existing eligible electric power transmission line2 7,b7 to increase the transmission capacity of an existing eligible electric power transmission line2 or 7,c7 to connect an isolated microgrid to an existing transmission1 transportation1 or telecommunications infrastructure corridor located in ,alaska1 ,hawaii1 or a territory of the ,united ,states4 7#e7 ,fund ,the term ,fund means the ,transmission ,facilitation ,fund established by subsection 7d77#a74 7#f7 ,program ,the term program means the ,transmission ,facilitation ,program established by subsection 7b74 7#g7 ,related facility 7,a7 ,in general ,the term related facility means a facility related to an eligible project described in paragraph 7#d74 7,b7 ,exclusions ,the term related facility does not include-- 7i7 facilities used primarily to generate electric energy2 or 7ii7 facilities used in the local distribution of electric energy4 7b7 ,establishment ,there is established a program1 to be known as the ,transmission ,facilitation ,program1 under which the ,secretary shall facilitate the construction of non-,federal electric power transmission lines and related facilities in accordance with subsection 7e74 7c7 ,applications 7#a7 ,in general ,to be eligible for assistance under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,procedures ,the ,secretary shall establish procedures for the solicitation and review of applications from eligible entities4 7d7 ,funding 7#a7 ,transmission facilitation fund ,there is established in the ,treasury a fund1 to be known as the ,transmission ,facilitation ,fund1 consisting of-- 7,a7 all amounts received by the ,secretary1 including receipts1 collections1 and recoveries1 from any source relating to expenses incurred by the ,secretary in carrying out the program1 including-- 7i7 costs recovered pursuant to paragraph 7#d72 7ii7 amounts received as repayment of a loan issued to an eligible entity under subsection 7e77#a77;,b72 and 7iii7 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 7e77#a77;,c72 7,b7 all amounts borrowed from the ,secretary of the ,treasury by the ,secretary for the program under paragraph 7#b72 and 7,c7 any amounts appropriated to the ,secretary for the program4 7#b7 ,borrowing authority ,the ,secretary of the ,treasury may1 without further appropriation and without fiscal year limitation1 loan to the ,secretary on such terms as may be fixed by the ,secretary and the ,secretary of the ,treasury1 such sums as1 in the judgment of the ,secretary1 are from time to time required for the purpose of carrying out the program1 not to exceed1 in the aggregate 7including deferred interest71 #b1ejj1jjj1jjj in outstanding repayable balances at any #a time4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program1 including for any administrative expenses of carrying out the program that are not recovered under paragraph 7#d71 #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#d7 ,cost recovery 7,a7 ,in general ,except as provided in subparagraph 7,b71 the cost of any facilitation activities carried out by the ,secretary under subsection 7e77#a7 shall be collected-- 7i7 from eligible entities receiving the benefit of the applicable facilitation activity1 on a schedule to be determined by the ,secretary2 or 7ii7 with respect to a contracted transmission capacity under subsection 7e77#a77;,a7 through rates charged for the use of the contracted transmission capacity4 7,b7 ,forgiveness of balances 7i7 ,termination or end of useful life ,if1 at the end of the useful life of an eligible project or the termination of a capacity contract under subsection 7f77#e71 there is a remaining balance owed to the ,treasury under this section1 the balance shall be forgiven4 7ii7 ,unconstructed projects ,funds expended to study projects that are considered pursuant to this section but that are not constructed shall be forgiven4 7,c7 ,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 7e77#a77;,c7 through rates charged to customers benefitting from the new transmission capability provided by the eligible project4 7e7 ,facilitation of eligible projects 7#a7 ,in general ,to facilitate eligible projects1 the ,secretary may-- 7,a7 subject to subsections 7f7 and 7i71 enter into a capacity contract with respect to an eligible project prior to the date on which the eligible project is completed2 7,b7 subject to subsections 7g7 and 7i71 issue a loan to an eligible entity for the costs of carrying out an eligible project2 or 7,c7 subject to subsections 7h7 and 7i71 participate with an eligible entity in designing1 developing1 constructing1 operating1 maintaining1 or owning an eligible project4 7#b7 ,requirement ,the provision and receipt of assistance for an eligible project under paragraph 7#a7 shall be subject to such terms and conditions as the ,secretary determines to be appropriate-- 7,a7 to ensure the success of the program2 and 7,b7 to protect the interests of the ,united ,states4 7f7 ,capacity contracts 7#a7 ,purpose ,in entering into capacity contracts under subsection 7e77#a77;,a71 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 project4 7#b7 ,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-- 7,a7 the fair market value for the use of the transmission capacity1 as determined by the ,secretary1 taking into account1 as the ,secretary determines to be necessary1 the comparable value for the use of the transmission capacity of other electric power transmission lines2 and 7,b7 on a schedule and in such divided amounts1 which may be a single amount1 that the ,secretary determines are likely to facilitate construction of the eligible project1 taking into account standard industry practice and factors specific to each applicant1 including1 as applicable-- 7i7 potential review by a ,state regulatory entity of the revenue requirement of an electric utility2 and 7ii7 the financial model of an independent transmission developer4 7#c7 ,limitations ,a capacity contract shall-- 7,a7 be for a term of not more than #dj years2 and 7,b7 be for not more than #ej percent of the total proposed transmission capacity of the applicable eligible project4 7#d7 ,transmission marketing 7,a7 ,in general ,if the ,secretary has not terminated a capacity contract under paragraph 7#e7 before the applicable eligible project enters into service1 the ,secretary may enter into #a 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 contract4 7,b7 ,return ,the ,secretary shall seek to ensure that any contract entered into under subparagraph 7,a7 maximizes the financial return to the ,federal ,government4 7,c7 ,competitive solicitation ,the ,secretary shall only select third parties for contracts under this paragraph through a competitive solicitation4 7#e7 ,termination 7,a7 ,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 project1 including through #a or more transfers under subparagraph 7,b74 7,b7 ,transfer ,on payment to the ,secretary by a third party for transmission capacity to which the ,secretary has rights under a capacity contract1 the ,secretary may transfer the rights to that transmission capacity to that third party4 7,c7 ,relinquishment ,on payment to the ,secretary by the applicable eligible entity for transmission capacity to which the ,secretary has rights under a capacity contract1 the ,secretary may relinquish the rights to that transmission capacity to the eligible entity4 7,d7 ,requirement ,a payment under subparagraph 7,b7 or 7,c7 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 7,b7 or the relinquishment under subparagraph 7,c71 as applicable4 7#f7 ,other federal capacity positions ,the existence of a capacity contract does not preclude a ,federal entity1 including a ,federal power marketing administration1 from otherwise securing transmission capacity at any time from an eligible project1 to the extent that the ,federal entity is authorized to secure that transmission capacity4 7#g7 ,form of financial assistance ,entering into a capacity contract under subsection 7e77#a77;,a7 shall be considered a form of financial assistance described in section #aejh4a7q77#a77vii7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7g7 ,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 7e77#a77;,b7 shall be fixed by the ,secretary1 taking into consideration market yields on outstanding marketable obligations of the ,united ,states of comparable maturities as of the date of the loan4 7h7 ,public-private partnerships ,the ,secretary may participate with an eligible entity with respect to an eligible project under subsection 7e77#a77;,c7 if the ,secretary determines that the eligible project-- 7#a7 7,a7 is located in an area designated as a national interest electric transmission corridor pursuant to section #baf7;a7 of the ,federal ,power ,act #af ,u4,s4,c4 #hbdp7a72 or 7,b7 is necessary to accommodate an actual or projected increase in demand for electric transmission capacity across more than #a ,state or transmission planning region2 7#b7 is consistent with efficient and reliable operation of the transmission grid2 7#c7 will be operated in conformance with prudent utility practices2 7#d7 will be operated in conformance with the rules of-- 7,a7 a ,transmission ,organization 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif771 if applicable2 or 7,b7 a regional reliability organization2 and 7#e7 is not duplicative of the functions of existing transmission facilities that are the subject of ongoing siting and related permitting proceedings4 7i7 ,certification ,prior to taking action to facilitate an eligible project under subparagraph 7,a71 7,b71 or 7,c7 of subsection 7e77#a71 the ,secretary shall certify that-- 7#a7 the eligible project is in the public interest2 7#b7 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 section1 including with respect to an eligible project for which a ,federal investment tax credit may be allowed2 and 7#c7 it is reasonable to expect that the proceeds from the eligible project will be adequate1 as applicable-- 7,a7 to recover the cost of a capacity contract entered into under subsection 7e77#a77;,a72 7,b7 to repay a loan provided under subsection 7e77#a77;,b72 or 7,c7 to repay any amounts borrowed from the ,secretary of the ,treasury under subsection 7d77#b74 7j7 ,other authorities1 limitations1 and effects 7#a7 ,participation ,the ,secretary may permit other entities to participate in the financing1 construction1 and ownership of eligible projects facilitated under this section4 7#b7 ,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 project4 7#c7 ,federal facilities ,for purposes of cost recovery under subsection 7d77#d7 and repayment of a loan issued under subsection 7e77#a77;,b71 each eligible project facilitated by the ,secretary under this section shall be treated as separate and distinct from-- 7,a7 each other eligible project2 and 7,b7 all other ,federal power and transmission facilities4 7#d7 ,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 section4 7#e7 ,effect on western area power administration projects ,nothing in this section affects-- 7,a7 any pending project application before the ,western ,area ,power ,administration under section #cja of the ,hoover ,power ,plant ,act of #aihd 7#db ,u4,s4,c4 #afdba;a72 or 7,b7 any agreement entered into by the ,western ,power ,administration under that section4 7#f7 ,third-party finance ,nothing in this section precludes an eligible project facilitated under this section from being eligible as a project under section #abbb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afdba74 7#g7 ,limitation on loans ,an eligible project may not be the subject of both-- 7,a7 a loan under subsection 7e77#a77;,b72 and 7,b7 a ,federal loan under section #cja of the ,hoover ,power ,plant ,act of #aihd 7#db ,u4,s4,c4 #afdba;a74 7#h7 ,considerations ,in evaluating eligible projects for possible facilitation under this section1 the ,secretary shall prioritize projects that1 to the maximum extent practicable-- 7,a7 use technology that enhances the capacity1 efficiency1 resiliency1 or reliability of an electric power transmission system1 including-- 7i7 reconductoring of an existing electric power transmission line with advanced conductors2 and 7ii7 hardware or software that enables dynamic line ratings1 advanced power flow control1 or grid topology optimization2 7,b7 will improve the resiliency and reliability of an electric power transmission system2 7,c7 facilitate interregional transfer capacity that supports strong and equitable economic growth2 and 7,d7 contribute to national or subnational goals to lower electricity sector greenhouse gas emissions4 #ajjh4 ,deployment of technologies to enhance grid flexibility 7a7 ,in general ,section #acjf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agchf7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking the date of enactment of this ,act and inserting the date of enactment of the ,energy ,infrastructure ,act2 7,b7 by redesignating paragraph 7#i7 as paragraph 7#ad72 and 7,c7 by inserting after paragraph 7#h7 the following3 7#i7 ,in the case of data analytics that enable software to engage in ,smart ,grid functions1 the documented purchase costs of the data analytics4 7#aj7 ,in the case of buildings1 the documented expenses for devices and software1 including for installation1 that allow buildings to engage in demand flexibility or ,smart ,grid functions4 7#aa7 ,in the case of utility communications1 operational fiber and wireless broadband communications networks to enable data flow between distribution system components4 7#ab7 ,in the case of advanced transmission technologies such as dynamic line rating1 flow control devices1 advanced conductors1 network topology optimization1 or other hardware1 software1 and associated protocols applied to existing transmission facilities that increase the operational transfer capacity of a transmission network1 the documented expenditures to purchase and install those advanced transmission technologies4 7#ac7 ,in the case of extreme weather or natural disasters1 the ability to redirect or shut off power to minimize blackouts and avoid further damage4 2 and 7#b7 in subsection 7d7-- 7,a7 by redesignating paragraph 7#i7 as paragraph 7#af72 and 7,b7 by inserting after paragraph 7#h7 the following3 7#i7 ,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 controls4 7#aj7 ,the ability to facilitate the aggregation or integration of distributed energy resources to serve as assets for the grid4 7#aa7 ,the ability to provide energy storage to meet fluctuating electricity demand1 provide voltage support1 and integrate intermittent generation sources1 including vehicle-to-grid technologies4 7#ab7 ,the ability of hardware1 software1 and associated protocols applied to existing transmission facilities to increase the operational transfer capacity of a transmission network4 7#ac7 ,the ability to anticipate and mitigate impacts of extreme weather or natural disasters on grid resiliency4 7#ad7 ,the ability to facilitate the integration of renewable energy resources1 electric vehicle charging infrastructure1 and vehicle-to-grid technologies4 7#ae7 ,the ability to reliably meet increased demand from electric vehicles and the electrification of appliances and other sectors4 4 7b7 ,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 #acjf7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agchf7;a77 #c1jjj1jjj1jjj for fiscal year #bjbb1 to remain available through ,september #cj1 #bjbf4 #ajji4 ,state energy security plans 7a7 ,in general ,part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq47 is amended-- 7#a7 in section #cfa-- 7,a7 by striking the section designation and heading and all that follows through ,the ,congress and inserting the following3 #cfa4 ,findings2 purpose2 definitions 7a7 ,findings ,congress 2 7,b7 in subsection 7b71 by striking 7b7 ,it is and inserting the following3 7b7 ,purpose ,it is 2 and 7,c7 by adding at the end the following3 7c7 ,definitions ,in this part3 2 7#b7 in section #cff-- 7,a7 in paragraph 7#c77;,b77i71 by striking approved under section #cfg1 and 2 and inserting 2 and2 7,b7 in each of paragraphs 7#a7 through 7#h71 by inserting a paragraph heading1 the text of which is comprised of the term defined in the paragraph2 and 7,c7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#f71 respectively1 and moving the paragraphs so as to appear in numerical order2 7#c7 by moving paragraphs 7#a7 through 7#h7 of section #cff 7as so redesignated7 so as to appear after subsection 7c7 of section #cfa 7as designated by paragraph 7#a77;,c772 and 7#d7 by amending section #cff to read as follows3 #cff4 ,state energy security plans 7a7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,state energy security plan ,the term ,state energy security plan means a ,state energy security plan described in subsection 7b74 7b7 ,financial assistance for ,state energy security plans ,federal financial assistance made available to a ,state under this part may be used for the development1 implementation1 review1 and revision of a ,state energy security plan that-- 7#a7 assesses the existing circumstances in the ,state2 and 7#b7 proposes methods to strengthen the ability of the ,state1 in consultation with owners and operators of energy infrastructure in the ,state-- 7,a7 to secure the energy infrastructure of the ,state against all physical and cybersecurity threats2 7,b7 7i7 to mitigate the risk of energy supply disruptions to the ,state2 and 7ii7 to enhance the response to1 and recovery from1 energy disruptions2 and 7,c7 to ensure that the ,state has reliable1 secure1 and resilient energy infrastructure4 7c7 ,contents of plan ,a ,state energy security plan shall-- 7#a7 address all energy sources and regulated and unregulated energy providers2 7#b7 provide a ,state energy profile1 including an assessment of energy production1 transmission1 distribution1 and end-use2 7#c7 address potential hazards to each energy sector or system1 including-- 7,a7 physical threats and vulnerabilities2 and 7,b7 cybersecurity threats and vulnerabilities2 7#d7 provide a risk assessment of energy infrastructure and cross-sector interdependencies2 7#e7 provide a risk mitigation approach to enhance reliability and end-use resilience2 and 7#f7 7,a7 address-- 7i7 multi-,state and regional coordination1 planning1 and response2 and 7ii7 coordination with ,indian ,tribes with respect to planning and response2 and 7,b7 to the extent practicable1 encourage mutual assistance in cyber and physical response plans4 7d7 ,coordination ,in developing or revising a ,state energy security plan1 the ,state energy office of the ,state shall coordinate1 to the extent practicable1 with-- 7#a7 the public utility or service commission of the ,state2 7#b7 energy providers from the private and public sectors2 and 7#c7 other entities responsible for-- 7,a7 maintaining fuel or electric reliability2 and 7,b7 securing energy infrastructure4 7e7 ,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 ,secretary1 with respect to that fiscal year-- 7#a7 a ,state energy security plan that meets the requirements of subsection 7c72 or 7#b7 after an annual review1 carried out by the ,governor1 of a ,state energy security plan-- 7,a7 any necessary revisions to the ,state energy security plan2 or 7,b7 a certification that no revisions to the ,state energy security plan are necessary4 7f7 ,technical assistance ,on request of the ,governor of a ,state1 the ,secretary1 in consultation with the ,secretary of ,homeland ,security1 may provide information1 technical assistance1 and other assistance in the development1 implementation1 or revision of a ,state energy security plan4 7g7 ,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-- 7#a7 to supplement1 and not to supplant1 ,state and local funds2 and 7#b7 to the maximum extent practicable1 to increase the amount of ,state and local funds that otherwise would be available1 in the absence of the ,federal financial assistance1 for the implementation of a ,state energy security plan4 7h7 ,protection of information ,information provided to1 or collected by1 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-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal agency1 ,state1 political subdivision of a ,state1 or ,tribal authority pursuant to any ,federal1 ,state1 political subdivision of a ,state1 or ,tribal law1 respectively1 requiring public disclosure of information or records4 7i7 ,sunset ,the requirements of this section shall expire on ,october #ca1 #bjbe4 4 7b7 ,clerical amendments ,the table of contents of the ,energy ,policy and ,conservation ,act 7,public ,law #id-afc2 #hi ,stat4 #hgb7 is amended-- 7#a7 by striking the item relating to section #cfa and inserting the following3 ,sec4 #cfa4 ,findings2 purpose2 definitions4 2 and 7#b7 by striking the item relating to section #cff and inserting the following3 ,sec4 #cff4 ,state energy security plans4 4 7c7 ,conforming amendments 7#a7 ,section #eji7;i77#c7 of the ,housing and ,urban ,development ,act of #aigj 7#ab ,u4,s4,c4 #agjaz-#h7;i77#c77 is amended by striking prescribed for such terms in section #cff of the ,energy ,policy and ,conservation ,act and inserting given the terms in section #cfa7;c7 of the ,energy ,policy and ,conservation ,act4 7#b7 ,section #cfc of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbc7 is amended-- 7,a7 by striking subsection 7e72 and 7,b7 by redesignating subsection 7f7 as subsection 7e74 7#c7 ,section #dea7;i77#c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhha7;i77#c77 is amended by striking prescribed for such terms in section #cff of the ,federal ,energy ,policy and ,conservation ,act and inserting given the terms in section #cfa7;c7 of the ,energy ,policy and ,conservation ,act4 #ajaj4 ,state energy program 7a7 ,collaborative transmission siting ,section #cfb7;c7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;c77 is amended-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#g7 the mandatory conduct of activities to support transmission and distribution planning1 including-- 7,a7 support for local governments and ,indian ,tribes2 7,b7 feasibility studies for transmission line routes and alternatives2 7,c7 preparation of necessary project design and permits2 and 7,d7 outreach to affected stakeholders4 4 7b7 ,state energy conservation plans ,section #cfb7;d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 programs to increase transportation energy efficiency1 including programs to help reduce carbon emissions in the transportation sector by #bjej and accelerate the use of alternative transportation fuels for1 and the electrification of1 ,state government vehicles1 fleet vehicles1 taxis and ridesharing services1 mass transit1 school buses1 ferries1 and privately owned passenger and medium- and heavy-duty vehicles2 4 7c7 ,authorization of appropriations for ,state energy program ,section #cfe of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7 is amended by striking subsection 7f7 and inserting the following3 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this part #ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7#b7 ,distribution ,amounts made available under paragraph 7#a7-- 7,a7 shall be distributed to the ,states in accordance with the applicable distribution formula in effect on ,january #a1 #bjba2 and 7,b7 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 ,act1 #aihe 7#db ,u4,s4,c4 #fcbc;a74 4 #ajaa4 ,power marketing administration transmission borrowing authority 7a7 ,borrowing authority 7#a7 ,in general ,subject to paragraph 7#b71 for the purposes of providing funds to assist in the financing of the construction1 acquisition1 and replacement of the ,federal ,columbia ,river ,power ,system and to implement the authority of the ,administrator of the ,bonneville ,power ,administration 7referred to in this section as the ,administrator7 under the ,pacific ,northwest ,electric ,power ,planning and ,conservation ,act 7#af ,u4,s4,c4 #hci et seq471 an additional #aj1jjj1jjj1jjj in borrowing authority is made available under the ,federal ,columbia ,river ,transmission ,system ,act 7#af ,u4,s4,c4 #hch et seq471 to remain outstanding at any #a time4 7#b7 ,limitation ,the obligation of additional borrowing authority under paragraph 7#a7 shall not exceed #f1jjj1jjj1jjj by fiscal year #bjbh4 7b7 ,financial plan 7#a7 ,in general ,the ,administrator shall issue an updated financial plan by the end of fiscal year #bjbb4 7#b7 ,requirement ,as part of the process of issuing an updated financial plan under paragraph 7#a71 the ,administrator shall-- 7,a7 consistent with asset management planning and sound business principles1 consider projected and planned use and allocation of the borrowing authority of the ,administrator across the mission responsibilities of the ,bonneville ,power ,administration2 and 7,b7 before issuing the final updated financial plan-- 7i7 engage1 in a manner determined by the ,administrator1 with customers with respect to a draft of the updated plan2 and 7ii7 consider as a relevant factor any recommendations from customers regarding prioritization of asset investments4 7c7 ,stakeholder engagement ,the ,administrator shall-- 7#a7 engage1 in a manner determined by the ,administrator1 with customers and stakeholders with respect to the financial and cost management efforts of the ,administrator through periodic program reviews2 and 7#b7 to the maximum extent practicable1 implement those policies that would be expected to be consistent with the lowest possible power and transmission rates consistent with sound business principles4 7d7 ,repayment ,any additional ,treasury borrowing authority received under this section-- 7#a7 shall be fully repaid to the ,treasury in a manner consistent with the applicable self-financed ,federal budget accounts2 and 7#b7 shall not be subject to budget scoring or budget scoring points of order with respect to this ,act4 #ajab4 ,study of codes and standards for use of energy storage systems across sectors 7a7 ,in general ,the ,secretary shall conduct a study of types and commercial applications of codes and standards applied to-- 7#a7 stationary energy storage systems2 7#b7 mobile energy storage systems2 and 7#c7 energy storage systems that move between stationary and mobile applications1 such as electric vehicle batteries or batteries repurposed for new applications4 7b7 ,purposes ,the purposes of the study conducted under subsection 7a7 shall be-- 7#a7 to identify barriers1 foster collaboration1 and increase conformity across sectors relating to-- 7,a7 use of emerging energy storage technologies2 and 7,b7 use cases1 such as vehicle-to-grid integration2 7#b7 to identify all existing codes and standards that apply to energy storage systems2 7#c7 to identify codes and standards that require revision or enhancement2 7#d7 to enhance the safe implementation of energy storage systems2 and 7#e7 to receive formal input from stakeholders regarding-- 7,a7 existing codes and standards2 and 7,b7 new or revised codes and standards4 7c7 ,consultation ,in conducting the study under subsection 7a71 the ,secretary shall consult with all relevant standards-developing organizations and other entities with expertise regarding energy storage system safety4 7d7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the study conducted under subsection 7a74 #ajac4 ,demonstration of electric vehicle battery second-life applications for grid services ,section #cbja7;c7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking the period at the end and inserting 2 and2 7,b7 by striking including at and inserting the following3 including-- 7,a7 at 2 and 7,c7 by adding at the end the following3 7,b7 #a project to demonstrate second-life applications of electric vehicle batteries as aggregated energy storage installations to provide services to the electric grid1 in accordance with paragraph 7#c74 2 7#b7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,demonstration of electric vehicle battery second-life applications for grid services 7,a7 ,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 grid4 7,b7 ,purposes ,the purposes of the project under subparagraph 7,a7 shall be-- 7i7 to demonstrate power safety and the reliability of the applications demonstrated under the program2 7ii7 to demonstrate the ability of electric vehicle batteries-- 7,i7 to provide ancillary services for grid stability and management2 and 7,,ii7 to reduce the peak loads of homes and businesses2 7iii7 to extend the useful life of electric vehicle batteries and the components of electric vehicle batteries prior to the collection1 recycling1 and reprocessing of the batteries and components2 and 7iv7 to increase acceptance of1 and participation in1 the use of second-life applications of electric vehicle batteries by utilities4 7,c7 ,priority ,in selecting a project to carry out under subparagraph 7,a71 the ,secretary shall give priority to projects in which the demonstration of the applicable second-life applications is paired with #a or more facilities that could particularly benefit from increased resiliency and lower energy costs1 such as a multi-family affordable housing facility1 a senior care facility1 and a community health center4 4 #ajad4 ,columbia ,basin power management 7a7 ,definitions ,in this section3 7#a7 ,account ,the term ,account means the account established by subsection 7b77#a74 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,bonneville ,power ,administration4 7#c7 ,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 ,basin1 signed at ,washington ,january #ag1 #aifa 7#ae ,,ust #aeee2 ,,tias #efch74 7b7 ,transmission ,coordination and ,expansion 7#a7 ,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 ,canada4 7#b7 ,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 ,canada4 7#c7 ,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 subsection4 7#d7 ,authorization ,there is authorized to be appropriated to the ,account an amount equal to the aggregated amount of the ,canadian ,entitlement during the #e-year period preceding the date of enactment of this ,act4 7c7 ,increased ,hydroelectric ,capacity 7#a7 ,in general ,the ,commissioner of ,reclamation shall rehabilitate and enhance the ,john ,w4 ,keys ,,iii ,pump ,generating ,plant-- 7,a7 to replace obsolete equipment2 7,b7 to maintain reliability and improve efficiency in system performance and operation2 7,c7 to create more hydroelectric power capacity in the ,pacific ,northwest2 and 7,d7 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 #af1 #bjbd4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated #ajj1jjj1jjj to carry out this subsection4 7d7 ,power ,coordination ,study 7#a7 ,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 ,canada4 7#b7 ,criteria ,the study conducted under paragraph 7#a7 shall analyze-- 7,a7 projected changes to the ,pacific ,northwest electricity supply2 7,b7 potential reductions in greenhouse gas emissions2 7,c7 any potential need to increase transmission capacity2 and 7,d7 any other factor the ,administrator considers to be relevant for increasing bilateral coordination4 7#c7 ,coordination ,in conducting the study under paragraph 7#a71 the ,administrator shall coordinate1 to the extent practicable1 with-- 7,a7 the ,british ,columbia or a crown corporation owned by ,british ,columbia2 7,b7 the ,assistant ,secretary2 7,c7 the ,commissioner of ,reclamation2 and 7,d7 any public utility districts that operate hydroelectric projects on the mainstem of the ,columbia ,river4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated #aj1jjj1jjj to carry out this subsection4 ,b ,cybersecurity #aaja4 ,enhancing grid security through public-private partnerships 7a7 ,definitions ,in this section3 7#a7 ,bulk-power system2 electric reliability organization ,the terms bulk-power system and ,electric ,reliability ,organization has the meaning given the terms in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,electric utility2 state regulatory authority ,the terms electric utility and ,state regulatory authority have the meanings given the terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7b7 ,program to promote and advance physical security and cybersecurity of electric utilities 7#a7 ,establishment ,the ,secretary1 in consultation with the ,secretary of ,homeland ,security and1 as the ,secretary determines to be appropriate1 the heads of other relevant ,federal agencies1 ,state regulatory authorities1 industry stakeholders1 and the ,electric ,reliability ,organization1 shall carry out a program-- 7,a7 to develop1 and provide for voluntary implementation of1 maturity models1 self-assessments1 and auditing methods for assessing the physical security and cybersecurity of electric utilities2 7,b7 to assist with threat assessment and cybersecurity training for electric utilities2 7,c7 to provide technical assistance for electric utilities subject to the program2 7,d7 to provide training to electric utilities to address and mitigate cybersecurity supply chain management risks2 7,e7 to advance1 in partnership with electric utilities1 the cybersecurity of third-party vendors that manufacture components of the electric grid2 7,f7 to increase opportunities for sharing best practices and data collection within the electric sector2 and 7,g7 to assist1 in the case of electric utilities that own defense critical electric infrastructure 7as defined in section #bae;,a7a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a7;a7771 with full engineering reviews of critical functions and operations at both the utility and defense infrastructure levels-- 7i7 to identify unprotected avenues for cyber-enabled sabotage that would have catastrophic effects to national security2 and 7ii7 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 adversaries4 7#b7 ,scope ,in carrying out the program under paragraph 7#a71 the ,secretary shall-- 7,a7 take into consideration-- 7i7 the different sizes of electric utilities2 and 7ii7 the regions that electric utilities serve2 7,b7 prioritize electric utilities with fewer available resources due to size or region2 and 7,c7 to the maximum extent practicable1 use and leverage-- 7i7 existing ,department and ,department of ,homeland ,security programs2 and 7ii7 existing programs of the ,federal agencies determined to be appropriate under paragraph 7#a74 7c7 ,report on cybersecurity of distribution systems ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,homeland ,security and1 as the ,secretary determines to be appropriate1 the heads of other ,federal agencies1 ,state regulatory authorities1 and industry stakeholders1 shall submit to ,congress a report that assesses-- 7#a7 priorities1 policies1 procedures1 and actions for enhancing the physical security and cybersecurity of electricity distribution systems1 including behind-the-meter generation1 storage1 and load management devices1 to address threats to1 and vulnerabilities of1 electricity distribution systems2 and 7#b7 the implementation of the priorities1 policies1 procedures1 and actions assessed under paragraph 7#a71 including-- 7,a7 an estimate of potential costs and benefits of the implementation2 and 7,b7 an assessment of any public-private cost-sharing opportunities4 7d7 ,protection of information ,information provided to1 or collected by1 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-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal agency1 ,state1 political subdivision of a ,state1 or ,tribal authority pursuant to any ,federal1 ,state1 political subdivision of a ,state1 or ,tribal law1 respectively1 requiring public disclosure of information or records4 #aajb4 ,energy ,cyber ,sense program 7a7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,program ,the term program means the voluntary ,energy ,cyber ,sense program established under subsection 7b74 7b7 ,establishment ,the ,secretary1 in consultation with the ,secretary of ,homeland ,security and the heads of other relevant ,federal agencies1 shall establish a voluntary ,energy ,cyber ,sense program to test the cybersecurity of products and technologies intended for use in the energy sector1 including in the bulk-power system4 7c7 ,program requirements ,in carrying out subsection 7b71 the ,secretary1 in consultation with the ,secretary of ,homeland ,security and the heads of other relevant ,federal agencies1 shall-- 7#a7 establish a testing process under the program to test the cybersecurity of products and technologies intended for use in the energy sector1 including products relating to industrial control systems and operational technologies1 such as supervisory control and data acquisition systems2 7#b7 for products and technologies tested under the program1 establish and maintain cybersecurity vulnerability reporting processes and a related database that are integrated with ,federal vulnerability coordination processes2 7#c7 provide technical assistance to electric utilities1 product manufacturers1 and other energy sector stakeholders to develop solutions to mitigate identified cybersecurity vulnerabilities in products and technologies tested under the program2 7#d7 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 threats2 7#e7 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 technologies2 7#f7 provide reasonable notice to1 and solicit comments from1 the public prior to establishing or revising the testing process under the program2 7#g7 oversee the testing of products and technologies under the program2 and 7#h7 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 sector4 7d7 ,protection of information ,information provided to1 or collected by1 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 sector1 including any electric utility or the bulk-power system-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal agency1 ,state1 political subdivision of a ,state1 or ,tribal authority pursuant to any ,federal1 ,state1 political subdivision of a ,state1 or ,tribal law1 respectively1 requiring public disclosure of information or records4 7e7 ,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 program4 #aajc4 ,incentives for advanced cybersecurity technology investment ,part ,,ii of the ,federal ,power ,act is amended by inserting after section #bai 7#af ,u4,s4,c4 #hbds7 the following3 #bai;,a4 ,incentives for cybersecurity investments 7a7 ,definitions ,in this section3 7#a7 ,advanced cybersecurity technology ,the term advanced cybersecurity technology means any technology1 operational capability1 or service1 including computer hardware1 software1 or a related asset1 that enhances the security posture of public utilities through improvements in the ability to protect against1 detect1 respond to1 or recover from a cybersecurity threat 7as defined in section #ajb of the ,cybersecurity ,act of #bjae 7#f ,u4,s4,c4 #aeja774 7#b7 ,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 agency4 7b7 ,study ,not later than #ahj days after the date of enactment of this section1 the ,commission1 in consultation with the ,secretary of ,energy1 the ,north ,american ,electric ,reliability ,corporation1 the ,electricity ,subsector ,coordinating ,council1 and the ,national ,association of ,regulatory ,utility ,commissioners1 shall conduct a study to identify incentive-based1 including performance-based1 rate treatments for the transmission and sale of electric energy subject to the jurisdiction of the ,commission that could be used to encourage-- 7#a7 investment by public utilities in advanced cybersecurity technology2 and 7#b7 participation by public utilities in cybersecurity threat information sharing programs4 7c7 ,incentive-,based rate treatment ,not later than #a year after the completion of the study under subsection 7b71 the ,commission shall establish1 by rule1 incentive-based1 including performance-based1 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-- 7#a7 investments by public utilities in advanced cybersecurity technology2 and 7#b7 participation by public utilities in cybersecurity threat information sharing programs4 7d7 ,factors for consideration ,in issuing a rule pursuant to this section1 the ,commission may provide additional incentives beyond those identified in subsection 7c7 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-- 7#a7 defense critical electric infrastructure 7as defined in section #bae;,a7a77 and other facilities subject to the jurisdiction of the ,commission that are critical to public safety1 national defense1 or homeland security1 as determined by the ,commission in consultation with-- 7,a7 the ,secretary of ,energy2 7,b7 the ,secretary of ,homeland ,security2 and 7,c7 other appropriate ,federal agencies2 and 7#b7 facilities of small or medium-sized public utilities with limited cybersecurity resources1 as determined by the ,commission4 7e7 ,ratepayer protection 7#a7 ,in general ,any rate approved under a rule issued pursuant to this section1 including any revisions to that rule1 shall be subject to the requirements of sections #bje and #bjf that all rates1 charges1 terms1 and conditions-- 7,a7 shall be just and reasonable2 and 7,b7 shall not be unduly discriminatory or preferential4 7#b7 ,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 technology4 7f7 ,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 #bje that permits recovery of costs and incentives over the depreciable life of the applicable assets1 without regard to changes in receipts or other costs of the public utility4 7g7 ,protection of information ,advanced cybersecurity technology information that is provided to1 generated by1 or collected by the ,federal ,government under subsection 7b71 7c71 or 7f7 shall be considered to be critical electric infrastructure information under section #bae;,a4 4 #aajd4 ,rural and municipal utility advanced cybersecurity grant and technical assistance program 7a7 ,definitions ,in this section3 7#a7 ,advanced cybersecurity technology ,the term advanced cybersecurity technology means any technology1 operational capability1 or service1 including computer hardware1 software1 or a related asset1 that enhances the security posture of electric utilities through improvements in the ability to protect against1 detect1 respond to1 or recover from a cybersecurity threat 7as defined in section #ajb of the ,cybersecurity ,act of #bjae 7#f ,u4,s4,c4 #aeja774 7#b7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 a rural electric cooperative2 7,b7 a utility owned by a political subdivision of a ,state1 such as a municipally owned electric utility2 7,c7 a utility owned by any agency1 authority1 corporation1 or instrumentality of #a or more political subdivisions of a ,state2 7,d7 a not-for-profit entity that is in a partnership with not fewer than #f entities described in subparagraph 7,a71 7,b71 or 7,c72 and 7,e7 an investor-owned electric utility that sells less than #d1jjj1jjj megawatt hours of electricity per year4 7#d7 ,program ,the term ,program means the ,rural and ,municipal ,utility ,advanced ,cybersecurity ,grant and ,technical ,assistance ,program established under subsection 7b74 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,homeland ,security1 the ,federal ,energy ,regulatory ,commission1 the ,north ,american ,electric ,reliability ,corporation1 and the ,electricity ,subsector ,coordinating ,council1 shall establish a program1 to be known as the ,rural and ,municipal ,utility ,advanced ,cybersecurity ,grant and ,technical ,assistance ,program1 to provide grants and technical assistance to1 and enter into cooperative agreements with1 eligible entities to protect against1 detect1 respond to1 and recover from cybersecurity threats4 7c7 ,objectives ,the objectives of the ,program shall be-- 7#a7 to deploy advanced cybersecurity technologies for electric utility systems2 and 7#b7 to increase the participation of eligible entities in cybersecurity threat information sharing programs4 7d7 ,awards 7#a7 ,in general ,the ,secretary-- 7,a7 shall award grants and provide technical assistance under the ,program to eligible entities on a competitive basis2 7,b7 shall develop criteria and a formula for awarding grants and providing technical assistance under the ,program2 7,c7 may enter into cooperative agreements with eligible entities that can facilitate the objectives described in subsection 7c72 and 7,d7 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 ,program4 7#b7 ,priority for grants and technical assistance ,in awarding grants and providing technical assistance under the ,program1 the ,secretary shall give priority to an eligible entity that1 as determined by the ,secretary-- 7,a7 has limited cybersecurity resources2 7,b7 owns assets critical to the reliability of the bulk-power system2 or 7,c7 owns defense critical electric infrastructure 7as defined in section #bae;,a7a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a7;a7774 7e7 ,protection of information ,information provided to1 or collected by1 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-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal agency1 ,state1 political subdivision of a ,state1 or ,tribal authority pursuant to any ,federal1 ,state1 political subdivision of a ,state1 or ,tribal law1 respectively1 requiring public disclosure of information or records4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #bej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #aaje4 ,enhanced grid security 7a7 ,definitions ,in this section3 7#a7 ,electric utility ,the term electric utility has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#b7 ,e-,,isac ,the term ,e-,,isac means the ,electricity ,information ,sharing and ,analysis ,center4 7b7 ,cybersecurity for the energy sector research1 development1 and demonstration program 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,homeland ,security and1 as determined appropriate1 other ,federal agencies1 the energy sector1 the ,states1 ,indian ,tribes1 ,tribal organizations1 territories or freely associated states1 and other stakeholders1 shall develop and carry out a program-- 7,a7 to develop advanced cybersecurity applications and technologies for the energy sector-- 7i7 to identify and mitigate vulnerabilities1 including-- 7,i7 dependencies on other critical infrastructure2 7,,ii7 impacts from weather and fuel supply2 7,,iii7 increased dependence on inverter-based technologies2 and 7,,iv7 vulnerabilities from unpatched hardware and software systems2 and 7ii7 to advance the security of field devices and third-party control systems1 including-- 7,i7 systems for generation1 transmission1 distribution1 end use1 and market functions2 7,,ii7 specific electric grid elements including advanced metering1 demand response1 distribution1 generation1 and electricity storage2 7,,iii7 forensic analysis of infected systems2 7,,iv7 secure communications2 and 7,v7 application of in-line edge security solutions2 7,b7 to leverage electric grid architecture as a means to assess risks to the energy sector1 including by implementing an all-hazards approach to communications infrastructure1 control systems architecture1 and power systems architecture2 7,c7 to perform pilot demonstration projects with the energy sector to gain experience with new technologies2 7,d7 to develop workforce development curricula for energy sector-related cybersecurity2 and 7,e7 to develop improved supply chain concepts for secure design of emerging digital components and power electronics4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #bej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7c7 ,energy sector operational support for cyberresilience program 7#a7 ,in general ,the ,secretary may develop and carry out a program-- 7,a7 to enhance and periodically test-- 7i7 the emergency response capabilities of the ,department2 and 7ii7 the coordination of the ,department with other agencies1 the ,national ,laboratories1 and private industry2 7,b7 to expand cooperation of the ,department with the intelligence community for energy sector-related threat collection and analysis2 7,c7 to enhance the tools of the ,department and ,e-,,isac for monitoring the status of the energy sector2 7,d7 to expand industry participation in ,e-,,isac2 and 7,e7 to provide technical assistance to small electric utilities for purposes of assessing and improving cybermaturity levels and addressing gaps identified in the assessment4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7d7 ,modeling and assessing energy infrastructure risk 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,homeland ,security1 shall develop and carry out an advanced energy security program to secure energy networks1 including-- 7,a7 electric networks2 7,b7 natural gas networks2 and 7,c7 oil exploration1 transmission1 and delivery networks4 7#b7 ,security and resiliency objective ,the objective of the program developed under paragraph 7#a7 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 hazards1 including electric magnetic pulse and geomagnetic disturbances4 7#c7 ,eligible activities ,in carrying out the program developed under paragraph 7#a71 the ,secretary may-- 7,a7 develop capabilities to identify vulnerabilities and critical components that pose major risks to grid security if destroyed or impaired2 7,b7 provide modeling at the national level to predict impacts from natural or human-made events2 7,c7 add physical security to the cybersecurity maturity model2 7,d7 conduct exercises and assessments to identify and mitigate vulnerabilities to the electric grid1 including providing mitigation recommendations2 7,e7 conduct research on hardening solutions for critical components of the electric grid2 7,f7 conduct research on mitigation and recovery solutions for critical components of the electric grid2 and 7,g7 provide technical assistance to ,states and other entities for standards and risk analysis4 7#d7 ,savings provision ,nothing in this section authorizes new regulatory requirements4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #aajf4 ,cybersecurity plan 7a7 ,in general ,the ,secretary may require1 as the ,secretary determines appropriate1 a recipient of any award or other funding under this ,act-- 7#a7 to submit to the ,secretary1 prior to the issuance of the award or other funding1 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 provided2 and 7#b7 establish a plan for maintaining and improving cybersecurity throughout the life of the proposed solution of the project4 7b7 ,contents of cybersecurity plan ,a cybersecurity plan described in subsection 7a7 shall1 at a minimum1 describe how the recipient described in that subsection-- 7#a7 plans to maintain cybersecurity between networks1 systems1 devices1 applications1 or components-- 7,a7 within the proposed solution of the project2 and 7,b7 at the necessary external interfaces at the proposed solution boundaries2 7#b7 will perform ongoing evaluation of cybersecurity risks to address issues as the issues arise throughout the life of the proposed solution2 7#c7 will report known or suspected network or system compromises of the project to the ,secretary2 and 7#d7 will leverage applicable cybersecurity programs of the ,department1 including cyber vulnerability testing and security engineering evaluations4 7c7 ,additional guidance ,each recipient described in subsection 7a7 should-- 7#a7 maximize the use of open guidance and standards1 including1 wherever possible-- 7,a7 the ,cybersecurity ,capability ,maturity ,model of the ,department 7or a successor model72 and 7,b7 the ,framework for ,improving ,critical ,infrastructure ,cybersecurity of the ,national ,institute of ,standards and ,technology2 and 7#b7 document -- 7,a7 any deviation from open standards2 and 7,b7 the utilization of proprietary standards where the recipient determines that such deviation necessary4 7d7 ,coordination ,the ,office of ,cybersecurity1 ,energy ,security1 and ,emergency ,response of the ,department shall review each cybersecurity plan submitted under subsection 7a7 to ensure integration with ,department research1 development1 and demonstration programs4 7e7 ,protection of information ,information provided to1 or collected by1 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-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal agency1 ,state1 political subdivision of a ,state1 or ,tribal authority pursuant to any ,federal1 ,state1 political subdivision of a ,state1 or ,tribal law1 respectively1 requiring public disclosure of information or records4 #aajg4 ,savings provision ,nothing in this subtitle affects the authority1 existing on the day before the date of enactment of this ,act1 of any other ,federal department or agency1 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 #bjjb 7#f ,u4,s4,c4 #fea et seq474 ,,ii ,supply chains for clean energy technologies #bjja4 ,earth ,mapping ,resources ,initiative 7a7 ,definition of critical mineral ,in this section1 the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7b7 ,establishment ,there is established within the ,united ,states ,geological ,survey an initiative1 to be known as the ,earth ,mapping ,resources ,initiative 7referred to in this section as the ,initiative74 7c7 ,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-- 7#a7 providing integrated topographic1 geologic1 geochemical1 and geophysical mapping2 7#b7 accelerating the integration and consolidation of geospatial and resource data2 and 7#c7 providing interpretation of subsurface and above-ground mineral resources data4 7d7 ,cooperative agreements 7#a7 ,in general ,in carrying out the ,initiative1 the ,director of the ,united ,states ,geological ,survey may enter into cooperative agreements with ,state geological surveys4 7#b7 ,effect ,nothing in paragraph 7#a7 precludes the ,director of the ,united ,states ,geological ,survey from using existing contracting authorities in carrying out the ,initiative4 7e7 ,comprehensive mapping modernization 7#a7 ,in general ,not later than #aj years after the date of enactment of this ,act1 the ,initiative shall complete an initial comprehensive national modern surface and subsurface mapping and data integration effort4 7#b7 ,approach ,in carrying out paragraph 7#a7 with regard to minerals1 mineralization1 and mineral deposits1 the ,initiative shall focus on the full range of minerals1 using a whole ore body approach rather than a single commodity approach1 to emphasize all of the recoverable critical minerals in a given surface or subsurface deposit4 7#c7 ,priority ,in carrying out paragraph 7#a7 with regard to minerals1 mineralization1 and mineral deposits1 the ,initiative shall prioritize mapping and assessing critical minerals4 7#d7 ,inclusions ,in carrying out paragraph 7#a71 the ,initiative shall also-- 7,a7 map and collect data for areas containing mine waste to increase understanding of above-ground critical mineral resources in previously disturbed areas2 and 7,b7 provide for analysis of samples1 including samples within the ,national ,geological and ,geophysical ,data ,preservation ,program established under section #cea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7;b77 for the occurrence of critical minerals4 7f7 ,availability ,the ,initiative shall make the geospatial data and metadata gathered by the ,initiative under subsection 7e77#a7 electronically publicly accessible on an ongoing basis4 7g7 ,integration of data sources ,the ,initiative shall integrate data sources1 including data from-- 7#a7 the ,national ,cooperative ,geologic ,mapping ,program established by section #d7;a77#a7 of the ,national ,geologic ,mapping ,act of #aiib 7#dc ,u4,s4,c4 #ca;c7a77#a772 7#b7 the ,national ,geological and ,geophysical ,data ,preservation ,program established under section #cea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7;b772 7#c7 the ,,usmin ,mineral ,deposit ,database of the ,united ,states ,geological ,survey2 7#d7 the #c;,d ,elevation ,program established under section #e7;a7 of the ,national ,landslide ,preparedness ,act 7#dc ,u4,s4,c4 #cajd7;a772 and 7#e7 other relevant sources1 including sources providing geothermal resources data4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #cbj1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 #bjjb4 ,national ,cooperative ,geologic ,mapping ,program 7a7 ,in general ,section #d7;d7 of the ,national ,geologic ,mapping ,act of #aiib 7#dc ,u4,s4,c4 #ca;c7d77 is amended by adding at the end the following3 7#d7 ,abandoned mine land and mine waste component 7,a7 ,in general ,the geologic mapping program shall include an abandoned mine land and mine waste geologic mapping component1 the objective of which shall be to establish the geologic framework of abandoned mine land and other land containing mine waste4 7,b7 ,mapping priorities ,for the component described in subparagraph 7,a71 the priority shall be mapping abandoned mine land and other land containing mine waste where multiple critical mineral 7as defined in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a777 and metal commodities are anticipated to be present1 rather than single mineral resources4 4 7b7 ,authorization of appropriations ,section #i7;a7 of the ,national ,geologic ,mapping ,act of #aiib 7#dc ,u4,s4,c4 #ca;h7a77 is amended by striking #bjbc and inserting #bjca4 #bjjc4 ,national ,geological and ,geophysical ,data ,preservation ,program ,section #cea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7;b77 is amended-- 7#a7 in paragraph 7#b71 by striking and after the semicolon2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#d7 to provide for preservation of samples to track geochemical signatures from critical mineral 7as defined in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a777 ore bodies for use in provenance tracking frameworks4 4 #bjjd4 ,,usgs energy and minerals research facility 7a7 ,establishment ,the ,director of the ,united ,states ,geological ,survey 7referred to in this section as the ,director71 shall fund1 through a cooperative agreement with an academic partner1 the design1 construction1 and tenant build-out of a facility to support energy and minerals research and appurtenant associated structures4 7b7 ,ownership ,the ,united ,states ,geological ,survey shall retain ownership of the facility and associated structures described in subsection 7a74 7c7 ,agreements ,the ,director may enter into agreements with1 and to collect and expend funds or in-kind contributions from1 academic1 ,federal1 ,state1 or other tenants over the life of the facility described in subsection 7a7 for the purposes of-- 7#a7 facility planning2 7#b7 design2 7#c7 maintenance2 7#d7 operation2 or 7#e7 facility improvements4 7d7 ,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 7a71 at no cost to the ,federal ,government1 to obtain land on which to construct the facility described in that subsection for a term of not less than #ii years4 7e7 ,reports ,the ,director shall submit to ,congress annual reports on-- 7#a7 the facility described in subsection 7a72 and 7#b7 the authorities used under this section4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of the ,interior to carry out this section #afg1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #bjje4 ,rare earth elements demonstration facility ,section #gjja of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #accdd7 is amended-- 7#a7 in subsection 7b71 by inserting and annually thereafter while the facility established under subsection 7c7 remains in operation1 after enactment of this ,act12 7#b7 by redesignating subsection 7c7 as subsection 7d72 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,rare earth demonstration facility 7#a7 ,establishment ,in coordination with the research program under subsection 7a77#a77;,a71 the ,secretary shall fund1 through an agreement with an academic partner1 the design1 construction1 and build-out of a facility to demonstrate the commercial feasibility of a full-scale integrated rare earth element extraction and separation facility and refinery4 7#b7 ,facility activities ,the facility established under paragraph 7#a7 shall-- 7,a7 provide environmental benefits through use of feedstock derived from acid mine drainage1 mine waste1 or other deleterious material2 7,b7 separate mixed rare earth oxides into pure oxides of each rare earth element2 7,c7 refine rare earth oxides into rare earth metals2 and 7,d7 provide for separation of rare earth oxides and refining into rare earth metals at a single site4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #adj1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 4 #bjjf4 ,critical minerals supply chains and reliability 7a7 ,definition of critical mineral ,in this section1 the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7b7 ,sense of congress ,it is the sense of ,congress that-- 7#a7 critical minerals are fundamental to the economy1 competitiveness1 and security of the ,united ,states2 7#b7 many critical minerals are only economic to recover when combined with the production of a host mineral2 7#c7 to the maximum extent practicable1 the critical mineral needs of the ,united ,states should be satisfied by minerals responsibly produced and recycled in the ,united ,states2 and 7#d7 the ,federal permitting process has been identified as an impediment to mineral production and the mineral security of the ,united ,states4 7c7 ,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 land1 the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management1 and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service 7referred to in this section as the ,secretaries71 to the maximum extent practicable1 shall complete the ,federal permitting and review processes with maximum efficiency and effectiveness1 while supporting vital economic growth1 by-- 7#a7 establishing and adhering to timelines and schedules for the consideration of1 and final decisions regarding1 applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land2 7#b7 establishing clear1 quantifiable1 and temporal permitting performance goals and tracking progress against those goals2 7#c7 engaging in early collaboration among agencies1 project sponsors1 and affected stakeholders-- 7,a7 to incorporate and address the interests of those parties2 and 7,b7 to minimize delays2 7#d7 ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance2 7#e7 engaging in early and active consultation with ,state1 local1 and ,tribal governments-- 7,a7 to avoid conflicts or duplication of effort2 7,b7 to resolve concerns2 and 7,c7 to allow for concurrent1 rather than sequential1 reviews2 7#f7 providing demonstrable improvements in the performance of ,federal permitting and review processes1 including lower costs and more timely decisions2 7#g7 expanding and institutionalizing ,federal permitting and review process improvements that have proven effective2 7#h7 developing mechanisms to better communicate priorities and resolve disputes among agencies at the national1 regional1 ,state1 and local levels2 and 7#i7 developing other practices1 such as preapplication procedures4 7d7 ,review and report ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall submit to ,congress a report that-- 7#a7 identifies additional measures1 including regulatory and legislative proposals1 if appropriate1 that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals2 7#b7 identifies options1 including cost recovery paid by permit applicants1 for ensuring adequate staffing and training of ,federal entities and personnel responsible for the consideration of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land2 7#c7 quantifies the period of time typically required to complete each step associated with the development and processing of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land1 including by-- 7,a7 calculating the range1 the mean1 the median1 the variance1 and other statistical measures or representations of the period of time2 and 7,b7 taking into account other aspects that affect the period of time that are outside the control of the ,executive branch1 such as judicial review1 applicant decisions1 or ,state and local government involvement2 and 7#d7 describes actions carried out pursuant to subsection 7c74 7e7 ,performance metric ,not later than #ij days after the date of submission of the report under subsection 7d71 and after providing public notice and an opportunity to comment1 the ,secretaries1 using as a baseline the period of time quantified under paragraph 7#c7 of that subsection1 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 for1 and development of1 domestic critical minerals1 while maintaining environmental standards4 7f7 ,annual reports ,not later than the date on which the ,president submits the first budget of the ,president under section #aaje of title #ca1 ,united ,states ,code1 after publication of the performance metric required under subsection 7e71 and annually thereafter1 the ,secretaries shall submit to ,congress a report that-- 7#a7 summarizes the implementation of recommendations1 measures1 and options identified in paragraphs 7#a7 and 7#b7 of subsection 7d72 7#b7 using the performance metric developed under subsection 7e71 describes progress made by the ,executive branch1 as compared to the baseline developed pursuant to subsection 7d77#c71 in expediting the permitting of activities that will increase exploration for1 and development of1 domestic critical minerals2 and 7#c7 compares the ,united ,states to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry4 7g7 ,individual projects ,each year1 using data contained in the reports submitted under subsection 7f71 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 #aabb of title #ca1 ,united ,states ,code4 #bjjg4 ,battery processing and manufacturing 7a7 ,definitions ,in this section3 7#a7 ,advanced battery ,the term advanced battery means a battery that consists of a battery cell that can be integrated into a module1 pack1 or system to be used in energy storage applications1 including electric vehicles and the electric grid4 7#b7 ,advanced battery component 7,a7 ,in general ,the term advanced battery component means a component of an advanced battery4 7,b7 ,inclusions ,the term advanced battery component includes materials1 enhancements1 enclosures1 anodes1 cathodes1 electrolytes1 cells1 and other associated technologies that comprise an advanced battery4 7#c7 ,battery material ,the term battery material means the raw and processed form of a mineral1 metal1 chemical1 or other material used in an advanced battery component4 7#d7 ,eligible entity ,the term eligible entity means an entity described in any of paragraphs 7#a7 through 7#e7 of section #ihi7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcec7;b774 7#e7 ,foreign entity of concern ,the term foreign entity of concern means a foreign entity that is-- 7,a7 designated as a foreign terrorist organization by the ,secretary of ,state under section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a772 7,b7 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 7commonly known as the ,,sdn list72 7,c7 owned by1 controlled by1 or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation 7as defined in section #becc;c7d7 of title #aj1 ,united ,states ,code72 7,d7 alleged by the ,attorney ,general to have been involved in activities for which a conviction was obtained under-- 7i7 chapter #cg of title #ah1 ,united ,states ,code 7commonly known as the ,espionage ,act72 7ii7 section #iea or #ajcj of title #ah1 ,united ,states ,code2 7iii7 chapter #ij of title #ah1 ,united ,states ,code 7commonly known as the ,economic ,espionage ,act of #aiif72 7iv7 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq472 7v7 section #bbd1 #bbe1 #bbf1 #bbg1 or #bcf of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbgd1 #bbge1 #bbgf1 #bbgg1 and #bbhd72 7vi7 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 or 7vii7 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq472 or 7,e7 determined by the ,secretary1 in consultation with the ,secretary of ,defense and the ,director of ,national ,intelligence1 to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the ,united ,states4 7#f7 ,manufacturing ,the term manufacturing1 with respect to an advanced battery and an advanced battery component1 means the industrial and chemical steps taken to produce that advanced battery or advanced battery component1 respectively4 7#g7 ,processing ,the term processing1 with respect to battery material1 means the refining of materials1 including the treating1 baking1 and coating processes used to convert raw products into constituent materials employed directly in advanced battery manufacturing4 7#h7 ,recycling ,the term recycling means the recovery of materials from advanced batteries to be reused in similar applications1 including the extracting1 processing1 and recoating of battery materials and advanced battery components4 7b7 ,battery material processing grants 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish within the ,office of ,fossil ,energy a program1 to be known as the ,battery ,material ,processing ,grant ,program 7referred to in this subsection as the program71 under which the ,secretary shall award grants in accordance with this subsection4 7#b7 ,purposes ,the purposes of the program are-- 7,a7 to ensure that the ,united ,states has a viable battery materials processing industry to supply the ,north ,american battery supply chain2 7,b7 to expand the capabilities of the ,united ,states in advanced battery manufacturing2 7,c7 to enhance national security by reducing the reliance of the ,united ,states on foreign competitors for critical materials and technologies2 and 7,d7 to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries4 7#c7 ,grants 7,a7 ,in general ,under the program1 the ,secretary shall award grants to eligible entities-- 7i7 to carry out #a or more demonstration projects in the ,united ,states for the processing of battery materials2 7ii7 to construct #a or more new commercial-scale battery material processing facilities in the ,united ,states2 and 7iii7 to retool1 retrofit1 or expand #a or more existing battery material processing facilities located in the ,united ,states and determined qualified by the ,secretary4 7,b7 ,amount limitation ,the amount of a grant awarded under the program shall be not less than-- 7i7 #ej1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77i72 7ii7 #ajj1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77ii72 and 7iii7 #ej1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77iii74 7,c7 ,priority2 consideration ,in awarding grants to eligible entities under the program1 the ,secretary shall-- 7i7 give priority to an eligible entity that-- 7,i7 is located and operates in the ,united ,states2 7,,ii7 is owned by a ,united ,states entity2 7,,iii7 deploys ,north ,american-owned intellectual property and content2 7,,iv7 represents consortia or industry partnerships2 and 7,v7 will not use battery material supplied by or originating from a foreign entity of concern2 and 7ii7 take into consideration whether a project-- 7,i7 provides workforce opportunities in low- and moderate-income communities2 7,,ii7 encourages partnership with universities and laboratories to spur innovation and drive down costs2 7,,iii7 partners with ,indian ,tribes2 and 7,,iv7 takes into account-- 7aa7 greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process2 and 7bb7 supply chain logistics4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #c1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 7c7 ,battery manufacturing and recycling grants 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish within the ,office of ,energy ,efficiency and ,renewable ,energy a battery manufacturing and recycling grant program 7referred to in this subsection as the program74 7#b7 ,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 chain4 7#c7 ,grants 7,a7 ,in general ,under the program1 the ,secretary shall award grants to eligible entities-- 7i7 to carry out #a or more demonstration projects for advanced battery component manufacturing1 advanced battery manufacturing1 and recycling2 7ii7 to construct #a or more new commercial-scale advanced battery component manufacturing1 advanced battery manufacturing1 or recycling facilities in the ,united ,states2 and 7iii7 to retool1 retrofit1 or expand #a or more existing facilities located in the ,united ,states and determined qualified by the ,secretary for advanced battery component manufacturing1 advanced battery manufacturing1 and recycling4 7,b7 ,amount limitation ,the amount of a grant awarded under the program shall be not less than-- 7i7 #ej1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77i72 7ii7 #ajj1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77ii72 and 7iii7 #ej1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77iii74 7,c7 ,priority2 consideration ,in awarding grants to eligible entities under the program1 the ,secretary shall-- 7i7 give priority to an eligible entity that-- 7,i7 is located and operates in the ,united ,states2 7,,ii7 is owned by a ,united ,states entity2 7,,iii7 deploys ,north ,american-owned intellectual property and content2 7,,iv7 represents consortia or industry partnerships2 and 7,v7 7aa7 if the eligible entity will use the grant for advanced battery component manufacturing1 will not use battery material supplied by or originating from a foreign entity of concern2 or 7bb7 if the eligible entity will use the grant for battery recycling1 will not export recovered critical materials to a foreign entity of concern2 and 7ii7 take into consideration whether a project-- 7,i7 provides workforce opportunities in low- and moderate-income or rural communities2 7,,ii7 provides workforce opportunities in communities that have lost jobs due to the displacements of fossil energy jobs2 7,,iii7 encourages partnership with universities and laboratories to spur innovation and drive down costs2 7,,iv7 partners with ,indian ,tribes2 7,v7 takes into account-- 7aa7 greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process2 and 7bb7 supply chain logistics2 and 7,,vi7 utilizes feedstock produced in the ,united ,states4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #c1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 7d7 ,reporting requirements ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report on the grant programs established under subsections 7b7 and 7c71 including1 with respect to each grant program1 a description of-- 7#a7 the number of grant applications received2 7#b7 the number of grants awarded and the amount of each award2 7#c7 the purpose and status of each project carried out using a grant2 and 7#d7 any other information the ,secretary determines necessary4 7e7 ,lithium-,ion ,battery ,recycling ,prize ,competition 7#a7 ,in general ,the ,secretary shall continue to carry out the ,lithium-,ion ,battery ,recycling ,prize ,competition of the ,department established pursuant to section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai7 7referred to in this subsection as the competition74 7#b7 ,authorization of appropriations for pilot projects 7,a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out ,phase ,,iii of the competition1 #aj1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 7,b7 ,use of funds ,the ,secretary may use amounts made available under subparagraph 7,a7-- 7i7 to increase the number of winners of ,phase ,,iii of the competition2 7ii7 to increase the amount awarded to each winner of ,phase ,,iii of the competition2 and 7iii7 to carry out any other activity that is consistent with the goals of ,phase ,,iii of the competition1 as determined by the ,secretary4 7f7 ,battery and critical mineral recycling 7#a7 ,definitions ,in this subsection3 7,a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7,b7 ,battery ,the term battery means a device that-- 7i7 consists of #a or more electrochemical cells that are electrically connected2 and 7ii7 is designed to store and deliver electric energy4 7,c7 ,battery producer ,the term battery producer means1 with respect to a covered battery or covered battery-containing product that is sold1 offered for sale1 or distributed for sale in the ,united ,states1 including through retail1 wholesale1 business-to-business1 and online sale1 the following applicable entity3 7i7 ,a person who-- 7,i7 manufactures the covered battery or covered battery-containing product2 and 7,,ii7 sells or offers for sale the covered battery or covered battery-containing product under the brand of that person4 7ii7 ,if there is no person described in clause 7i7 with respect to the covered battery or covered battery-containing product1 the owner or licensee of the brand under which the covered battery or covered battery-containing product is sold1 offered for sale1 or distributed1 regardless of whether the trademark of the brand is registered4 7iii7 ,if there is no person described in clause 7i7 or 7ii7 with respect to the covered battery or covered battery-containing product1 a person that imports the covered battery or covered battery-containing product into the ,united ,states for sale or distribution4 7,d7 ,covered battery ,the term covered battery means a new or unused primary battery or rechargeable battery4 7,e7 ,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 battery4 7,f7 ,critical mineral ,the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7,g7 ,primary battery ,the term primary battery means a nonrechargeable battery that weighs not more than #d4d pounds1 including an alkaline1 carbon-zinc1 and lithium metal battery4 7,h7 ,rechargeable battery 7i7 ,in general ,the term rechargeable battery means a battery that-- 7,i7 contains #a or more voltaic or galvanic cells that are electrically connected to produce electric energy2 7,,ii7 is designed to be recharged2 7,,iii7 weighs not more than #aa pounds2 and 7,,iv7 has a watt-hour rating of not more than #cjj watt-hours4 7ii7 ,exclusions ,the term rechargeable battery does not include a battery that-- 7,i7 contains electrolyte as a free liquid2 or 7,,ii7 employs lead-acid technology1 unless that battery is sealed and does not contain electrolyte as a free liquid4 7,i7 ,recycling ,the term recycling means the series of activities-- 7i7 during which recyclable materials are processed into specification-grade commodities1 and consumed as raw-material feedstock1 in lieu of virgin materials1 in the manufacturing of new products2 7ii7 that may include collection1 processing1 and brokering2 and 7iii7 that result in subsequent consumption by a materials manufacturer1 including for the manufacturing of new products4 7#b7 ,battery recycling research1 development1 and demonstration grants 7,a7 ,in general ,the ,secretary1 in coordination with the ,administrator1 shall award multiyear grants to eligible entities for research1 development1 and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of batteries1 including by addressing-- 7i7 recycling activities2 7ii7 the development of methods to promote the design and production of batteries that take into full account and facilitate the dismantling1 reuse1 recovery1 and recycling of battery components and materials2 7iii7 strategies to increase consumer acceptance of1 and participation in1 the recycling of batteries2 7iv7 the extraction or recovery of critical minerals from batteries that are recycled2 7v7 the integration of increased quantities of recycled critical minerals in batteries and other products to develop markets for recycled battery materials and critical minerals2 7vi7 safe disposal of waste materials and components recovered during the recycling process2 7vii7 the protection of the health and safety of all persons involved in1 or in proximity to1 recycling and reprocessing activities1 including communities located near recycling and materials reprocessing facilities2 7viii7 mitigation of environmental impacts that arise from recycling batteries1 including disposal of toxic reagents and byproducts related to recycling processes2 7ix7 protection of data privacy associated with collected covered battery-containing products2 7x7 the optimization of the value of material derived from recycling batteries2 and 7xi7 the cost-effectiveness and benefits of the reuse and recycling of batteries and critical minerals4 7,b7 ,eligible entities ,the ,secretary1 in coordination with the ,administrator1 may award a grant under subparagraph 7,a7 to-- 7i7 an institution of higher education2 7ii7 a ,national ,laboratory2 7iii7 a ,federal research agency2 7iv7 a ,state research agency2 7v7 a nonprofit organization2 7vi7 an industrial entity2 7vii7 a manufacturing entity2 7viii7 a private battery-collection entity2 7ix7 an entity operating #a or more battery recycling activities2 7x7 a ,state or municipal government entity2 7xi7 a battery producer2 7xii7 a battery retailer2 or 7xiii7 a consortium of #b or more entities described in clauses 7i7 through 7xii74 7,c7 ,applications 7i7 ,in general ,to be eligible to receive a grant under subparagraph 7,a71 an eligible entity described in subparagraph 7,b7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7ii7 ,contents ,an application submitted under clause 7i7 shall describe how the project will promote collaboration among-- 7,i7 battery producers and manufacturers2 7,,ii7 battery material and equipment manufacturers2 7,,iii7 battery recyclers1 collectors1 and refiners2 and 7,,iv7 retailers4 7,d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this paragraph #fj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7#c7 ,state and local programs 7,a7 ,in general ,the ,secretary1 in coordination with the ,administrator1 shall establish a program under which the ,secretary shall award grants1 on a competitive basis1 to ,states and units of local government to assist in the establishment or enhancement of ,state battery collection1 recycling1 and reprocessing programs4 7,b7 ,non-federal cost share ,the non-,federal share of the cost of a project carried out using a grant under this paragraph shall be #ej percent of the cost of the project4 7,c7 ,report ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report that describes the number of battery collection points established or enhanced1 an estimate of jobs created1 and the quantity of material collected as a result of the grants awarded under subparagraph 7,a74 7,d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this paragraph #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7#d7 ,retailers as collection points 7,a7 ,in general ,the ,secretary shall award grants1 on a competitive basis1 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 products1 as applicable1 for reuse1 recycling1 or proper disposal4 7,b7 ,collection system ,a system described in subparagraph 7,a7 shall include take-back of covered batteries-- 7i7 at no cost to the consumer2 and 7ii7 on a regular1 convenient1 and accessible basis4 7,c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this paragraph #ae1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7#e7 ,task force on producer responsibilities 7,a7 ,in general ,the ,secretary1 in coordination with the ,administrator1 shall convene a task force to develop an extended battery producer responsibility framework that-- 7i7 addresses battery recycling goals1 cost structures for mandatory recycling1 reporting requirements1 product design1 collection models1 and transportation of collected materials2 7ii7 provides sufficient flexibility to allow battery producers to determine cost-effective strategies for compliance with the framework2 and 7iii7 outlines regulatory pathways for effective recycling4 7,b7 ,task force members ,members of the task force convened under subparagraph 7,a7 shall include-- 7i7 battery producers1 manufacturers1 retailers1 recyclers1 and collectors or processors2 7ii7 ,states and municipalities2 and 7iii7 other relevant stakeholders1 such as environmental1 energy1 or consumer organizations1 as determined by the ,secretary4 7,c7 ,report ,not later than #a year after the date on which the ,secretary1 in coordination with ,administrator1 convenes the task force under subparagraph 7,a71 the ,secretary shall submit to ,congress a report that-- 7i7 describes the extended producer responsibility framework developed by the task force2 7ii7 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 batteries2 and 7iii7 suggests regulatory pathways for effective recycling4 7#f7 ,effect on mercury-containing and rechargeable battery management act ,nothing in this subsection1 or any regulation1 guideline1 framework1 or policy adopted or promulgated pursuant to this subsection1 shall modify or otherwise affect the provisions of the ,mercury-,containing and ,rechargeable ,battery ,management ,act 7#db ,u4,s4,c4 #adcja et seq474 #bjjh4 ,electric drive vehicle battery recycling and second-life applications program ,section #fda of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbca7 is amended-- 7#a7 by striking subsection 7k7 and inserting the following3 7k7 ,electric drive vehicle battery second-,life applications and recycling 7#a7 ,definitions ,in this subsection3 7,a7 ,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 7#c74 7,b7 ,critical material ,the term critical material has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7,c7 ,economically distressed area ,the term economically distressed area means an area described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7,d7 ,electric drive vehicle battery ,the term electric drive vehicle battery means any battery that is a motive power source for an electric drive vehicle4 7,e7 ,eligible entity ,the term eligible entity means an entity described in any of paragraphs 7#a7 through 7#e7 of section #ihi7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcec7;b774 7#b7 ,program ,the ,secretary shall carry out a program of research1 development1 and demonstration of-- 7,a7 second-life applications for electric drive vehicle batteries that have been used to power electric drive vehicles2 and 7,b7 technologies and processes for final recycling and disposal of the devices described in subparagraph 7,a74 7#c7 ,electric drive vehicle battery recycling and second-life applications 7,a7 ,in general ,in carrying out the program under paragraph 7#b71 the ,secretary shall establish an electric drive vehicle battery recycling and second-life applications program under which the ,secretary shall-- 7i7 award grants under subparagraph 7,d72 and 7ii7 carry out other activities in accordance with this paragraph4 7,b7 ,purposes ,the purposes of the battery recycling and second-life applications program are the following3 7i7 ,to improve the recycling rates and second-use adoption rates of electric drive vehicle batteries4 7ii7 ,to optimize the design and adaptability of electric drive vehicle batteries to make electric drive vehicle batteries more easily recyclable4 7iii7 ,to establish alternative supply chains for critical materials that are found in electric drive vehicle batteries4 7iv7 ,to reduce the cost of manufacturing1 installation1 purchase1 operation1 and maintenance of electric drive vehicle batteries4 7v7 ,to improve the environmental impact of electric drive vehicle battery recycling processes4 7,c7 ,targets ,in carrying out the battery recycling and second-life applications program1 the ,secretary shall address near-term 7up to #b years71 mid-term 7up to #e years71 and long-term 7up to #aj years7 challenges to the recycling of electric drive vehicle batteries4 7,d7 ,grants 7i7 ,in general ,in carrying out the battery recycling and second-life applications program1 the ,secretary shall award multiyear grants on a competitive1 merit-reviewed basis to eligible entities-- 7,i7 to conduct research1 development1 testing1 and evaluation of solutions to increase the rate and productivity of electric drive vehicle battery recycling2 and 7,,ii7 for research1 development1 and demonstration projects to create innovative and practical approaches to increase the recycling and second-use of electric drive vehicle batteries1 including by addressing-- 7aa7 technology to increase the efficiency of electric drive vehicle battery recycling and maximize the recovery of critical materials for use in new products2 7bb7 expanded uses for critical materials recovered from electric drive vehicle batteries2 7cc7 product design and construction to facilitate the disassembly and recycling of electric drive vehicle batteries2 7dd7 product design and construction and other tools and techniques to extend the lifecycle of electric drive vehicle batteries1 including methods to promote the safe second-use of electric drive vehicle batteries2 7ee7 strategies to increase consumer acceptance of1 and participation in1 the recycling of electric drive vehicle batteries2 7ff7 improvements and changes to electric drive vehicle battery chemistries that include ways to decrease processing costs for battery recycling without sacrificing front-end performance2 7gg7 second-use of electric drive vehicle batteries1 including in applications outside of the automotive industry2 and 7hh7 the commercialization and scale-up of electric drive vehicle battery recycling technologies4 7ii7 ,priority ,in awarding grants under clause 7i71 the ,secretary shall give priority to projects that-- 7,i7 are located in geographically diverse regions of the ,united ,states2 7,,ii7 include business commercialization plans that have the potential for the recycling of electric drive vehicle batteries at high volumes2 7,,iii7 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 sector2 7,,iv7 provide the greatest potential to reduce costs for consumers and promote accessibility and community implementation of demonstrated technologies2 7,v7 increase disclosure and transparency of information to consumers2 7,,vi7 support the development or demonstration of projects in economically distressed areas2 and 7,,vii7 support other relevant priorities1 as determined to be appropriate by the ,secretary4 7iii7 ,solicitation ,not later than #ij days after the date of enactment of the ,energy ,infrastructure ,act1 and annually thereafter1 the ,secretary shall conduct a national solicitation for applications for grants described in clause 7i74 7iv7 ,dissemination of results ,the ,secretary shall publish the results of the projects carried out through grants awarded under clause 7i7 through-- 7,i7 best practices relating to those grants1 for use in the electric drive vehicle battery manufacturing1 design1 installation1 refurbishing1 or recycling industries2 7,,ii7 coordination with information dissemination programs relating to general recycling of electronic devices2 and 7,,iii7 educational materials for the public1 produced in conjunction with ,state and local governments or nonprofit organizations1 on the problems and solutions relating to the recycling and second-life applications of electric drive vehicle batteries4 7,e7 ,coordination with other programs of the ,department ,in carrying out the battery recycling and second-life applications program1 the ,secretary shall coordinate and leverage the resources of complementary efforts of the ,department4 7,f7 ,study and report 7i7 ,study ,the ,secretary shall conduct a study on the viable market opportunities available for the recycling1 second-use1 and manufacturing of electric drive vehicle batteries in the ,united ,states4 7ii7 ,report ,not later than #a year after the date of enactment of the ,energy ,infrastructure ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and any other relevant committee of ,congress a report containing the results of the study under clause 7i71 including a description of-- 7,i7 the ability of relevant businesses or other entities to competitively manufacture electric drive vehicle batteries and recycle electric drive vehicle batteries in the ,united ,states2 7,,ii7 any existing electric drive vehicle battery recycling and second-use practices and plans of electric drive vehicle manufacturing companies in the ,united ,states2 7,,iii7 any barriers to electric drive vehicle battery recycling in the ,united ,states2 7,,iv7 opportunities and barriers in electric drive vehicle battery supply chains in the ,united ,states and internationally1 including with allies and trading partners2 7,v7 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 ,states2 7,,vi7 policy recommendations for enhancing electric drive vehicle battery manufacturing and recycling in the ,united ,states2 7,,vii7 any recommendations for lowering logistics costs and creating better coordination and efficiency with respect to the removal1 collection1 transportation1 storage1 and disassembly of electric drive vehicle batteries2 7,,viii7 any recommendations for areas of coordination with other ,federal agencies to improve electric drive vehicle battery recycling rates in the ,united ,states2 7,,ix7 an aggressive #b-year target and plan1 the implementation of which shall begin during the #ij-;day period beginning on the date on which the report is submitted1 to enhance the competitiveness of electric drive vehicle battery manufacturing and recycling in the ,united ,states2 and 7,x7 needs for future research1 development1 and demonstration projects in electric drive vehicle battery manufacturing1 recycling1 and related areas1 as determined by the ,secretary4 7,g7 ,evaluation ,not later than #c years after the date on which the report under subparagraph 7,f77ii7 is submitted1 and every #d years thereafter1 the ,secretary shall conduct1 and make available to the public and the relevant committees of ,congress1 an independent review of the progress of the grants awarded under subparagraph 7,d7 in meeting the recommendations and targets included in the report4 2 and 7#b7 in subsection 7p71 by striking paragraph 7#f7 and inserting the following3 7#f7 the electric drive vehicle battery recycling and second-life applications program under subsection 7k7 #bjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 4 #bjji4 ,advanced energy manufacturing and recycling grant program 7a7 ,definitions ,in this section3 7#a7 ,advanced energy property ,the term advanced energy property means-- 7,a7 property designed to be used to produce energy from the sun1 water1 wind1 geothermal or hydrothermal 7as those terms are defined in section #fab of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaia77 resources1 enhanced geothermal systems 7as defined in that section71 or other renewable resources2 7,b7 fuel cells1 microturbines1 or energy storage systems and components2 7,c7 electric grid modernization equipment or components2 7,d7 property designed to capture1 remove1 use1 or sequester carbon oxide emissions2 7,e7 equipment designed to refine1 electrolyze1 or blend any fuel1 chemical1 or product that is-- 7i7 renewable2 or 7ii7 low-carbon and low-emission2 7,f7 property designed to produce energy conservation technologies 7including for residential1 commercial1 and industrial applications72 7,g7 7i7 light-1 medium-1 or heavy-duty electric or fuel cell vehicles1 electric or fuel cell locomotives1 electric or fuel cell maritime vessels1 or electric or fuel cell planes2 7ii7 technologies1 components1 and materials of those vehicles1 locomotives1 maritime vessels1 or planes2 and 7iii7 charging or refueling infrastructure associated with those vehicles1 locomotives1 maritime vessels1 or planes2 7,h7 7i7 hybrid vehicles with a gross vehicle weight rating of not less than #ad1jjj pounds2 and 7ii7 technologies1 components1 and materials for those vehicles2 and 7,i7 other advanced energy property designed to reduce greenhouse gas emissions1 as may be determined by the ,secretary4 7#b7 ,covered census tract ,the term covered census tract means a census tract-- 7,a7 in which1 after ,december #ca1 #aiii1 a coal mine had closed2 7,b7 in which1 after ,december #ca1 #bjji1 a coal-fired electricity generating unit had been retired2 or 7,c7 that is immediately adjacent to a census tract described in subparagraph 7,a7 or 7,b74 7#c7 ,eligible entity ,the term eligible entity means a manufacturing firm-- 7,a7 the gross annual sales of which are less than #ajj1jjj1jjj2 7,b7 that has fewer than #ejj employees at the plant site of the manufacturing firm2 and 7,c7 the annual energy bills of which total more than #ajj1jjj but less than #b1ejj1jjj4 7#d7 ,minority-owned ,the term minority-owned1 with respect to an eligible entity1 means an eligible entity not less than #ea percent of which is owned by #a or more individuals who are-- 7,a7 citizens of the ,united ,states2 and 7,b7 ,asian ,american1 ,native ,hawaiian1 ,pacific ,islander1 ,african ,american1 ,hispanic1 ,puerto ,rican1 ,native ,american1 or ,alaska ,native4 7#e7 ,program ,the term ,program means the grant program established under subsection 7b74 7#f7 ,qualifying advanced energy project ,the term qualifying advanced energy project means a project that-- 7,a7 7i7 re-equips1 expands1 or establishes a manufacturing or recycling facility for the production or recycling1 as applicable1 of advanced energy property2 or 7ii7 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 practices1 as determined by the ,secretary1 through the installation of-- 7,i7 low- or zero-carbon process heat systems2 7,,ii7 carbon capture1 transport1 utilization1 and storage systems2 7,,iii7 technology relating to energy efficiency and reduction in waste from industrial processes2 or 7,,iv7 any other industrial technology that significantly reduces greenhouse gas emissions1 as determined by the ,secretary2 7,b7 has a reasonable expectation of commercial viability1 as determined by the ,secretary2 and 7,c7 is located in a covered census tract4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program to award grants to eligible entities to carry out qualifying advanced energy projects4 7c7 ,applications 7#a7 ,in general ,each eligible entity seeking a grant under the ,program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a description of the proposed qualifying advanced energy project to be carried out using the grant4 7#b7 ,selection criteria 7,a7 ,projects ,in selecting eligible entities to receive grants under the ,program1 the ,secretary shall1 with respect to the qualifying advanced energy projects proposed by the eligible entities1 give higher priority to projects that-- 7i7 will provide higher net impact in avoiding or reducing anthropogenic emissions of greenhouse gases2 7ii7 will result in a higher level of domestic job creation 7both direct and indirect7 during the lifetime of the project2 7iii7 will result in a higher level of job creation in the vicinity of the project1 particularly with respect to-- 7,i7 low-income communities 7as described in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf72 and 7,,ii7 dislocated workers who were previously employed in manufacturing1 coal power plants1 or coal mining2 7iv7 have higher potential for technological innovation and commercial deployment2 7v7 have a lower levelized cost of-- 7,i7 generated or stored energy2 or 7,,ii7 measured reduction in energy consumption or greenhouse gas emission 7based on costs of the full supply chain72 and 7vi7 have a shorter project time4 7,b7 ,eligible entities ,in selecting eligible entities to receive grants under the ,program1 the ,secretary shall give priority to eligible entities that are minority-owned4 7d7 ,project completion and location2 return of unobligated funds 7#a7 ,completion2 return of unobligated funds ,an eligible entity that receives a grant under the ,program shall be required-- 7,a7 to complete the qualifying advanced energy project funded by the grant not later than #c years after the date of receipt of the grant funds2 and 7,b7 to return to the ,secretary any grant funds that remain unobligated at the end of that #c-year period4 7#b7 ,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 grant1 the eligible entity shall be required to return the grant funds to the ,secretary4 7e7 ,technical ,assistance 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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 7c77#b77;,a74 7#b7 ,applications ,an eligible entity desiring technical assistance under paragraph 7#a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,factors for consideration ,in selecting eligible entities for technical assistance under paragraph 7#a71 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 7c77#b77;,a74 7f7 ,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 grant4 7g7 ,report ,not later than #d years after the date of enactment this ,act1 the ,secretary shall-- 7#a7 review the grants awarded under the ,program2 and 7#b7 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 grants4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the ,program #gej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #bjaj4 ,critical minerals mining and recycling research 7a7 ,definitions ,in this section3 7#a7 ,critical mineral ,the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7#b7 ,critical minerals and metals ,the term critical minerals and metals includes any host mineral of a critical mineral4 7#c7 ,director ,the term ,director means the ,director of the ,foundation4 7#d7 ,end-to-end ,the term end-to-end1 with respect to the integration of mining or life cycle of minerals1 means the integrated approach of1 or the lifecycle determined by1 examining the research and developmental process from the mining of the raw minerals to its processing into useful materials1 its integration into components and devices1 the utilization of such devices in the end-use application to satisfy certain performance metrics1 and the recycling or disposal of such devices4 7#e7 ,foreign entity of concern ,the term foreign entity of concern means a foreign entity that is-- 7,a7 designated as a foreign terrorist organization by the ,secretary of ,state under section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a772 7,b7 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 7commonly known as the ,,sdn list72 7,c7 owned by1 controlled by1 or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation 7as defined in section #becc;c7d7 of title #aj1 ,united ,states ,code72 7,d7 alleged by the ,attorney ,general to have been involved in activities for which a conviction was obtained under-- 7i7 chapter #cg of title #ah1 ,united ,states ,code 7commonly known as the ,espionage ,act72 7ii7 section #iea or #ajcj of title #ah1 ,united ,states ,code2 7iii7 chapter #ij of title #ah1 ,united ,states ,code 7commonly known as the ,economic ,espionage ,act of #aiif72 7iv7 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq472 7v7 section #bbd1 #bbe1 #bbf1 #bbg1 or #bcf of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbgd1 #bbge1 #bbgf1 #bbgg1 and #bbhd72 7vi7 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 or 7vii7 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq472 or 7,e7 determined by the ,secretary of ,commerce1 in consultation with the ,secretary of ,defense and the ,director of ,national ,intelligence1 to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the ,united ,states4 7#f7 ,foundation ,the term ,foundation means the ,national ,science ,foundation4 7#g7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#h7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#i7 ,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 completely4 7#aj7 ,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 process1 including from mine waste piles1 acid mine drainage sludge1 or byproducts produced through legacy mining and metallurgy activities4 7b7 ,critical minerals mining and recycling research and development 7#a7 ,in general ,in order to support supply chain resiliency1 the ,secretary1 in coordination with the ,director1 shall issue awards1 on a competitive basis1 to eligible entities described in paragraph 7#b7 to support basic research that will accelerate innovation to advance critical minerals mining1 recycling1 and reclamation strategies and technologies for the purposes of-- 7,a7 making better use of domestic resources2 and 7,b7 eliminating national reliance on minerals and mineral materials that are subject to supply disruptions4 7#b7 ,eligible entities ,entities eligible to receive an award under paragraph 7#a7 are the following3 7,a7 ,institutions of higher education4 7,b7 ,national ,laboratories4 7,c7 ,nonprofit organizations4 7,d7 ,consortia of entities described in subparagraphs 7,a7 through 7,c71 including consortia that collaborate with private industry4 7#c7 ,use of funds ,activities funded by an award under this section may include-- 7,a7 advancing mining research and development activities to develop new mapping and mining technologies and techniques1 including advanced critical mineral extraction and production-- 7i7 to improve existing1 or to develop new1 supply chains of critical minerals2 and 7ii7 to yield more efficient1 economical1 and environmentally benign mining practices2 7,b7 advancing critical mineral processing research activities to improve separation1 alloying1 manufacturing1 or recycling techniques and technologies that can decrease the energy intensity1 waste1 potential environmental impact1 and costs of those activities2 7,c7 advancing research and development of critical minerals mining and recycling technologies that take into account the potential end-uses and disposal of critical minerals1 in order to improve end-to-end integration of mining and technological applications2 7,d7 conducting long-term earth observation of reclaimed mine sites1 including the study of the evolution of microbial diversity at those sites2 7,e7 examining the application of artificial intelligence for geological exploration of critical minerals1 including what size and diversity of data sets would be required2 7,f7 examining the application of machine learning for detection and sorting of critical minerals1 including what size and diversity of data sets would be required2 7,g7 conducting detailed isotope studies of critical minerals and the development of more refined geologic models2 or 7,h7 providing training and research opportunities to undergraduate and graduate students to prepare the next generation of mining engineers and researchers4 7c7 ,critical ,minerals ,interagency ,subcommittee 7#a7 ,in general ,in order to support supply chain resiliency1 the ,critical ,minerals ,subcommittee of the ,national ,science and ,technology ,council 7referred to in this subsection as the ,subcommittee7 shall coordinate ,federal science and technology efforts to ensure secure and reliable supplies of critical minerals to the ,united ,states4 7#b7 ,purposes ,the purposes of the ,subcommittee shall be-- 7,a7 to advise and assist the ,national ,science and ,technology ,council1 including the ,committee on ,homeland and ,national ,security of the ,national ,science and ,technology ,council1 on ,united ,states policies1 procedures1 and plans relating to critical minerals1 including-- 7i7 ,federal research1 development1 and deployment efforts to optimize methods for extractions1 concentration1 separation1 and purification of conventional1 secondary1 and unconventional sources of critical minerals1 including research that prioritizes end-to-end integration of mining and recycling techniques and the end-use target for critical minerals2 7ii7 efficient use and reuse of critical minerals1 including recycling technologies for critical minerals and the reclamation of critical minerals from components1 such as spent batteries2 7iii7 addressing the technology transitions between research or lab-scale mining and recycling and commercialization of these technologies2 7iv7 the critical minerals workforce of the ,united ,states2 and 7v7 ,united ,states private industry investments in innovation and technology transfer from federally funded science and technology2 7,b7 to identify emerging opportunities1 stimulate international cooperation1 and foster the development of secure and reliable supply chains of critical minerals1 including activities relating to the reuse of critical minerals via recycling2 7,c7 to ensure the transparency of information and data related to critical minerals2 and 7,d7 to provide recommendations on coordination and collaboration among the research1 development1 and deployment programs and activities of ,federal agencies to promote a secure and reliable supply of critical minerals necessary to maintain national security1 economic well-being1 and industrial production4 7#c7 ,responsibilities ,in carrying out paragraphs 7#a7 and 7#b71 the ,subcommittee may1 taking into account the findings and recommendations of relevant advisory committees-- 7,a7 provide recommendations on how ,federal agencies may improve the topographic1 geologic1 and geophysical mapping of the ,united ,states and improve the discoverability1 accessibility1 and usability of the resulting and existing data1 to the extent permitted by law and subject to appropriate limitation for purposes of privacy and security2 7,b7 assess the progress toward developing critical minerals recycling and reprocessing technologies2 7,c7 assess the end-to-end lifecycle of critical minerals1 including for mining1 usage1 recycling1 and end-use material and technology requirements2 7,d7 examine1 and provide recommendations for1 options for accessing and developing critical minerals through investment and trade with allies and partners of the ,united ,states2 7,e7 evaluate and provide recommendations to incentivize the development and use of advances in science and technology in the private industry2 7,f7 assess the need for1 and make recommendations to address1 the challenges the ,united ,states critical minerals supply chain workforce faces1 including-- 7i7 aging and retiring personnel and faculty2 7ii7 public perceptions about the nature of mining and mineral processing2 and 7iii7 foreign competition for ,united ,states talent2 7,g7 develop1 and update as necessary1 a strategic plan to guide ,federal programs and activities to enhance-- 7i7 scientific and technical capabilities across critical mineral supply chains1 including a roadmap that identifies key research and development needs and coordinates ongoing activities for source diversification1 more efficient use1 recycling1 and substitution for critical minerals2 and 7ii7 cross-cutting mining science1 data science techniques1 materials science1 manufacturing science and engineering1 computational modeling1 and environmental health and safety research and development2 and 7,h7 report to the appropriate committees of ,congress on activities and findings under this subsection4 7#d7 ,mandatory responsibilities ,in carrying out paragraphs 7#a7 and 7#b71 the ,subcommittee shall1 taking into account the findings and recommendations of relevant advisory committees1 identify and evaluate ,federal policies and regulations that restrict the mining of critical minerals4 7d7 ,grant program for processing of critical minerals and development of critical minerals and metals 7#a7 ,establishment ,the ,secretary1 in consultation with the ,director1 the ,secretary of the ,interior1 and the ,secretary of ,commerce1 shall establish a grant program to finance pilot projects for-- 7,a7 the processing or recycling of critical minerals in the ,united ,states2 or 7,b7 the development of critical minerals and metals in the ,united ,states 7#b7 ,limitation on grant awards ,a grant awarded under paragraph 7#a7 may not exceed #aj1jjj1jjj4 7#c7 ,economic viability ,in awarding grants under paragraph 7#a71 the ,secretary shall give priority to projects that the ,secretary determines are likely to be economically viable over the long term4 7#d7 ,secondary recovery ,in awarding grants under paragraph 7#a71 the ,secretary shall seek to award not less than #cj percent of the total amount of grants awarded during the fiscal year for projects relating to secondary recovery of critical minerals and metals4 7#e7 ,domestic priority ,in awarding grants for the development of critical minerals and metals under paragraph 7#a77;,b71 the ,secretary shall prioritize pilot projects that will process the critical minerals and metals domestically4 7#f7 ,prohibition on processing by foreign entity of concern ,in awarding grants under paragraph 7#a71 the ,secretary shall ensure that pilot projects do not export for processing any critical minerals and metals to a foreign entity of concern4 7#g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the grant program established under paragraph 7#a7 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbd4 #bjaa4 #bast ,century ,energy ,workforce ,advisory ,board 7a7 ,establishment ,the ,secretary shall establish a board1 to be known as the #bast ,century ,energy ,workforce ,advisory ,board1 to develop a strategy for the ,department that1 with respect to the role of the ,department in the support and development of a skilled energy workforce-- 7#a7 meets the current and future industry and labor needs of the energy sector2 7#b7 provides opportunities for students to become qualified for placement in traditional energy sector and emerging energy sector jobs2 7#c7 identifies areas in which the ,department can effectively utilize the technical expertise of the ,department to support the workforce activities of other ,federal agencies2 7#d7 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 priorities2 7#e7 develops plans to support and retrain displaced and unemployed energy sector workers2 and 7#f7 prioritizes education and job training for underrepresented groups1 including racial and ethnic minorities1 ,indian ,tribes1 women1 veterans1 and socioeconomically disadvantaged individuals4 7b7 ,membership 7#a7 ,in general ,the ,board shall be composed of not fewer than #aj and not more than #ae members1 with the initial members of the ,board to be appointed by the ,secretary not later than #a year after the date of enactment of this ,act4 7#b7 ,requirement ,the ,board shall include not fewer than #a representative of a labor organization with significant energy experience who has been nominated by a national labor federation4 7#c7 ,qualifications ,each individual appointed to the ,board under paragraph 7#a7 shall have expertise in-- 7,a7 the field of economics or workforce development2 7,b7 relevant traditional energy industries or emerging energy industries1 including energy efficiency2 7,c7 secondary or postsecondary education2 7,d7 energy workforce development or apprenticeship programs of ,states or units of local government2 7,e7 relevant organized labor organizations2 or 7,f7 bringing underrepresented groups1 including racial and ethnic minorities1 women1 veterans1 and socioeconomically disadvantaged individuals1 into the workforce4 7c7 ,advisory board review and recommendations 7#a7 ,determination by board ,in developing the strategy required under subsection 7a71 the ,board shall-- 7,a7 determine whether there are opportunities to more effectively and efficiently use the capabilities of the ,department in the development of a skilled energy workforce2 7,b7 identify ways in which the ,department could work with other relevant ,federal agencies1 ,states1 units of local government1 institutions of higher education1 labor organizations1 ,indian ,tribes and tribal organizations1 and industry in the development of a skilled energy workforce1 subject to applicable law2 7,c7 identify ways in which the ,department and ,national ,laboratories can-- 7i7 increase outreach to minority-serving institutions2 and 7ii7 make resources available to increase the number of skilled minorities and women trained to go into the energy and energy-related manufacturing sectors2 7iii7 increase outreach to displaced and unemployed energy sector workers2 and 7iv7 make resources available to provide training to displaced and unemployed energy sector workers to reenter the energy workforce2 and 7,d7 7i7 identify the energy sectors in greatest need of workforce training2 and 7ii7 in consultation with the ,secretary of ,labor1 develop recommendations for the skills necessary to develop a workforce trained to work in those energy sectors4 7#b7 ,required analysis ,in developing the strategy required under subsection 7a71 the ,board shall analyze the effectiveness of-- 7,a7 existing ,department-directed support2 and 7,b7 existing energy workforce training programs4 7#c7 ,report 7,a7 ,in general ,not later than #a year after the date on which the ,board is established under this section1 and biennially thereafter until the date on which the ,board is terminated under subsection 7f71 the ,board shall submit to the ,secretary a report containing1 with respect to the strategy required under subsection 7a7-- 7i7 the findings of the ,board2 and 7ii7 the proposed energy workforce strategy of the ,board4 7,b7 ,response of the ,secretary ,not later than #ij days after the date on which a report is submitted to the ,secretary under subparagraph 7,a71 the ,secretary shall-- 7i7 submit to the ,board a response to the report that-- 7,i7 describes whether the ,secretary approves or disapproves of each recommendation of the ,board under subparagraph 7,a72 and 7,,ii7 if the ,secretary approves of a recommendation1 provides an implementation plan for the recommendation2 and 7ii7 submit to ,congress-- 7,i7 the report of the ,board under subparagraph 7,a72 and 7,,ii7 the response of the ,secretary under clause 7i74 7,c7 ,public availability of report 7i7 ,in general ,the ,board shall make each report under subparagraph 7,a7 available to the public on the earlier of-- 7,i7 the date on which the ,board receives the response of the ,secretary under subparagraph 7,b77i72 and 7,,ii7 the date that is #ij days after the date on which the ,board submitted the report to the ,secretary4 7ii7 ,requirement ,if the ,board has received a response to a report from the ,secretary under subparagraph 7,b77i71 the ,board shall make that response publicly available with the applicable report4 7d7 ,report by the ,secretary ,not later than #ahj days before the date of expiration of a term of the ,board under subsection 7f71 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-- 7#a7 describes the effectiveness and accomplishments of the ,board during the applicable term2 7#b7 contains a determination of the ,secretary as to whether the ,board should be renewed2 and 7#c7 if the ,secretary determines that the ,board should be renewed1 any recommendations as to whether and how the scope and functions of the ,board should be modified4 7e7 ,outreach to minority-,serving institutions1 veterans1 and displaced and unemployed energy workers ,in developing the strategy under subsection 7a71 the ,board shall-- 7#a7 give special consideration to increasing outreach to minority-serving institutions1 veterans1 and displaced and unemployed energy workers2 7#b7 make resources available to-- 7,a7 minority-serving institutions1 with the objective of increasing the number of skilled minorities and women trained to go into the energy and manufacturing sectors2 7,b7 institutions that serve veterans1 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 industry2 and 7,c7 institutions that serve displaced and unemployed energy workers to increase the number of individuals trained for jobs in the energy industry2 7#c7 encourage the energy industry to improve the opportunities for students of minority-serving institutions1 veterans1 and displaced and unemployed energy workers to participate in internships1 preapprenticeships1 apprenticeships1 and cooperative work-study programs in the energy industry2 and 7#d7 work with the ,national ,laboratories to increase the participation of underrepresented groups1 veterans1 and displaced and unemployed energy workers in internships1 fellowships1 training programs1 and employment at the ,national ,laboratories4 7f7 ,term 7#a7 ,in general ,subject to paragraph 7#b71 the ,board shall terminate on ,september #cj1 #bjbf4 7#b7 ,extensions ,the ,secretary may renew the ,board for #a or more #e-year periods by submitting1 not later than the date described in subsection 7d71 a report described in that subsection that contains a determination by the ,secretary that the ,board should be renewed4 ,,iii ,fuels and technology infrastructure investments ,a ,carbon capture1 utilization1 storage1 and transportation infrastructure #cjja4 ,findings ,congress finds that-- 7#a7 the industrial sector is integral to the economy of the ,united ,states-- 7,a7 providing millions of jobs and essential products2 and 7,b7 demonstrating global leadership in manufacturing and innovation2 7#b7 carbon capture and storage technologies are necessary for reducing hard-to-abate emissions from the industrial sector1 which emits nearly #be percent of carbon dioxide emissions in the ,united ,states2 7#c7 carbon removal and storage technologies1 including direct air capture1 must be deployed at large-scale in the coming decades to remove carbon dioxide directly from the atmosphere2 7#d7 large-scale deployment of carbon capture1 removal1 utilization1 transport1 and storage-- 7,a7 is critical for achieving mid-century climate goals2 and 7,b7 will drive regional economic development1 technological innovation1 and high-wage employment2 7#e7 carbon capture1 removal1 and utilization technologies require a backbone system of shared carbon dioxide transport and storage infrastructure to enable large-scale deployment1 realize economies of scale1 and create an interconnected carbon management market2 7#f7 carbon dioxide transport infrastructure and permanent geological storage are proven and safe technologies with existing ,federal and ,state regulatory frameworks2 7#g7 carbon dioxide transport and storage infrastructure share similar barriers to deployment previously faced by other types of critical national infrastructure1 such as high capital costs and chicken-and-egg challenges1 that require ,federal and ,state support1 in combination with private investment1 to be overcome2 and 7#h7 each ,state should take into consideration1 with respect to new carbon dioxide transportation infrastructure-- 7,a7 qualifying the infrastructure as pollution control devices under applicable laws 7including regulations7 of the ,state2 and 7,b7 establishing a waiver of ad valorem and property taxes for the infrastructure for a period of not less than #aj years4 #cjjb4 ,carbon utilization program ,section #ifi;,a of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 to develop or obtain1 in coordination with other applicable ,federal agencies and standard-setting organizations1 standards and certifications1 as appropriate1 to facilitate the commercialization of the products and technologies described in paragraph 7#b72 2 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,grant program 7,a7 ,in general ,not later than #a year after the date of enactment of the ,energy ,infrastructure ,act1 the ,secretary shall establish a program to provide grants to eligible entities to use in accordance with subparagraph 7,d74 7,b7 ,eligible entities ,to be eligible to receive a grant under this paragraph1 an entity shall be-- 7i7 a ,state2 7ii7 a unit of local government2 or 7iii7 a public utility or agency4 7,c7 ,applications ,eligible entities desiring a grant under this paragraph shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be appropriate4 7,d7 ,use of funds ,an eligible entity shall use a grant received under this paragraph to procure and use commercial or industrial products that-- 7i7 use or are derived from anthropogenic carbon oxides2 and 7ii7 demonstrate significant net reductions in lifecycle greenhouse gas emissions compared to incumbent technologies1 processes1 and products4 2 and 7,c7 in paragraph 7#c7 7as so redesignated71 by striking paragraph 7#a7 and inserting this subsection2 and 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section-- 7#a7 #da1jjj1jjj for fiscal year #bjbb2 7#b7 #fe1bej1jjj for fiscal year #bjbc2 7#c7 #ff1efb1ejj for fiscal year #bjbd2 7#d7 #fg1idj1fbe for fiscal year #bjbe2 and 7#e7 #fi1chg1fef for fiscal year #bjbf4 4 #cjjc4 ,carbon capture technology program ,section #ifb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking program4 and inserting program for carbon capture technologies2 and2 and 7,c7 by adding at the end the following3 7,e7 a front-end engineering and design program for carbon dioxide transport infrastructure necessary to enable deployment of carbon capture1 utilization1 and storage technologies4 2 and 7#b7 in subsection 7d77#a7-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 for activities under the front-end engineering and design program described in subsection 7b77#b77;,e71 #ajj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 4 #cjjd4 ,carbon dioxide transportation infrastructure finance and innovation 7a7 ,in general ,title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaha et seq47 is amended by adding at the end the following3 ,j ,carbon dioxide transportation infrastructure finance and innovation #iii;,a4 ,definitions ,in this subtitle3 7#a7 ,,cifia program ,the term ,,cifia program means the carbon dioxide transportation infrastructure finance and innovation program established under section #iii;,b7a74 7#b7 ,common carrier ,the term common carrier means a transportation infrastructure operator or owner that-- 7,a7 publishes a publicly available tariff containing the just and reasonable rates1 terms1 and conditions of nondiscriminatory service2 and 7,b7 holds itself out to provide transportation services to the public for a fee4 7#c7 ,contingent commitment ,the term contingent commitment means a commitment to obligate funds from future available budget authority that is-- 7,a7 contingent on those funds being made available in law at a future date2 and 7,b7 not an obligation of the ,federal ,government4 7#d7 ,eligible project costs ,the term eligible project costs means amounts substantially all of which are paid by1 or for the account of1 an obligor in connection with a project1 including-- 7,a7 the cost of-- 7i7 development-phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 permitting1 preliminary engineering and design work1 and other preconstruction activities2 7ii7 construction1 reconstruction1 rehabilitation1 replacement1 and acquisition of real property 7including land relating to the project and improvements to land71 environmental mitigation1 construction contingencies1 and acquisition and installation of equipment 7including labor72 and 7iii7 capitalized interest necessary to meet market requirements1 reasonably required reserve funds1 capital issuance expenses1 and other carrying costs during construction2 and 7,b7 transaction costs associated with financing the project1 including-- 7i7 the cost of legal counsel and technical consultants2 and 7ii7 any subsidy amount paid in accordance with section #iii;,b7c77#c77;,b77ii7 or section #iii;,c7b77#f77;,b77ii74 7#e7 ,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 project4 7#f7 ,lender ,the term lender means a qualified institutional buyer 7as defined in section #bcj4add;,a7a7 of title #ag1 ,code of ,federal ,regulations 7or a successor regulation71 commonly known as ,rule #add;,a7a7 of the ,securities and ,exchange ,commission and issued under the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;a et seq4771 that is not a ,federal qualified institutional buyer4 7#g7 ,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-- 7,a7 describes the project and the location1 purpose1 and cost of the project2 7,b7 outlines the proposed financial plan1 including the requested credit and grant assistance and the proposed obligor2 7,c7 provides a status of environmental review2 and 7,d7 provides information regarding satisfaction of other eligibility requirements of the ,,cifia program4 7#h7 ,loan guarantee ,the term loan guarantee means any guarantee or other pledge by the ,secretary to pay all or part of the principal of1 and interest on1 a loan made to an obligor1 or debt obligation issued by an obligor1 in each case funded by a lender4 7#i7 ,master credit agreement ,the term master credit agreement means a conditional agreement that-- 7,a7 is for the purpose of extending credit assistance for-- 7i7 a project of high priority under section #iii;,b7c77#c77;,a72 or 7ii7 a project covered under section #iii;,b7c77#c77;,b72 7,b7 does not provide for a current obligation of ,federal funds2 and 7,c7 would-- 7i7 make a contingent commitment of a ,federal credit instrument or grant at a future date1 subject to-- 7,i7 the availability of future funds being made available to carry out the ,,cifia program2 and 7,,ii7 the satisfaction of all conditions for the provision of credit assistance under the ,,cifia program1 including section #iii;,c7b72 7ii7 establish the maximum amounts and general terms and conditions of the ,federal credit instruments or grants2 7iii7 identify the #a or more revenue sources that will secure the repayment of the ,federal credit instruments2 7iv7 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 agreement1 including-- 7,i7 compliance with all applicable requirements specified under the ,,cifia program1 including sections #iii;,b7d7 and #iii;,c7b77#a72 and 7,,ii7 the availability of funds to carry out the ,,cifia program2 and 7v7 require that contingent commitments shall result in a financial close and obligation of credit or grant assistance by not later than #d years after the date of entry into the agreement or release of the commitment1 as applicable1 unless otherwise extended by the ,secretary4 7#aj7 ,obligor ,the term obligor means a corporation1 partnership1 joint venture1 trust1 non-,federal governmental entity1 agency1 or instrumentality1 or other entity that is liable for payment of the principal of1 or interest on1 a ,federal credit instrument4 7#aa7 ,produced in the ,united ,states ,the term produced in the ,united ,states1 with respect to iron and steel1 means that all manufacturing processes for the iron and steel1 including the application of any coating1 occurs within the ,united ,states4 7#ab7 ,project ,the term project means a project for common carrier carbon dioxide transportation infrastructure or associated equipment1 including pipeline1 shipping1 rail1 or other transportation infrastructure and associated equipment1 that will transport or handle carbon dioxide captured from anthropogenic sources or ambient air1 as the ,secretary determines to be appropriate4 7#ac7 ,project obligation ,the term project obligation means any note1 bond1 debenture1 or other debt obligation issued by an obligor in connection with the financing of a project1 other than a ,federal credit instrument4 7#ad7 ,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 ,secretary1 in each case funded by the ,secretary in connection with the financing of a project under section #iii;,c4 7#ae7 ,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-- 7,a7 calculated on a net present value basis2 and 7,b7 excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq474 7#af7 ,substantial completion ,the term substantial completion1 with respect to a project1 means the date-- 7,a7 on which the project commences transportation of carbon dioxide2 or 7,b7 of a comparable event to the event described in subparagraph 7,a71 as determined by the ,secretary and specified in the project credit agreement4 #iii;,b4 ,determination of eligibility and project selection 7a7 ,establishment of program ,the ,secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program1 under which the ,secretary shall provide for eligible projects in accordance with this subtitle-- 7#a7 a ,federal credit instrument under section #iii;,c2 7#b7 a grant under section #iii;,d2 or 7#c7 both a ,federal credit instrument and a grant4 7b7 ,eligibility 7#a7 ,in general ,a project shall be eligible to receive a ,federal credit instrument or a grant under the ,,cifia program if-- 7,a7 the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph 7#c7 for the project2 and 7,b7 the project meets the criteria described in this subsection4 7#b7 ,creditworthiness 7,a7 ,in general ,each project and obligor that receives a ,federal credit instrument or a grant under the ,,cifia program shall be creditworthy1 such that there exists a reasonable prospect of repayment of the principal and interest on the ,federal credit instrument1 as determined by the ,secretary under subparagraph 7,b74 7,b7 ,reasonable prospect of repayment ,the ,secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph 7,a7 on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the ,federal credit instrument for the eligible project1 including evaluation of-- 7i7 the strength of the contractual terms of an eligible project 7if available for the applicable market segment72 7ii7 the forecast of noncontractual cash flows supported by market projections from reputable sources1 as determined by the ,secretary1 and cash sweeps or other structural enhancements2 7iii7 the projected financial strength of the obligor-- 7,i7 at the time of loan close2 and 7,,ii7 throughout the loan term1 including after the project is completed2 7iv7 the financial strength of the investors and strategic partners of the obligor1 if applicable2 and 7v7 other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies1 as determined appropriate by the ,secretary4 7#c7 ,applications ,to be eligible for assistance under the ,,cifia program1 an obligor shall submit to the ,secretary a project application at such time1 in such manner1 and containing such information as the ,secretary determines to be appropriate4 7#d7 ,eligible project costs ,a project under the ,,cifia program shall have eligible project costs that are reasonably anticipated to equal or exceed #ajj1jjj1jjj4 7#e7 ,revenue sources ,the applicable ,federal credit instrument shall be repayable1 in whole or in part1 from-- 7,a7 user fees2 7,b7 payments owing to the obligor under a public-private partnership2 or 7,c7 other revenue sources that also secure or fund the project obligations4 7#f7 ,obligor will be identified later ,a ,state1 local government1 agency1 or instrumentality of a ,state or local government1 or a public authority1 may submit to the ,secretary an application under paragraph 7#c71 under which a private party to a public-private partnership will be-- 7,a7 the obligor2 and 7,b7 identified at a later date through completion of a procurement and selection of the private party4 7#g7 ,beneficial effects ,the ,secretary shall determine that financial assistance for each project under the ,,cifia program will-- 7,a7 attract public or private investment for the project2 or 7,b7 enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs 7including debt service costs7 of the project4 7#h7 ,project readiness ,to be eligible for assistance under the ,,cifia program1 the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than #ij days after the date on which a ,federal credit instrument or grant is obligated for the project under the ,,cifia program4 7c7 ,selection among eligible projects 7#a7 ,establishment of application process ,the ,secretary shall establish an application process under which projects that are eligible to receive assistance under subsection 7b7 may-- 7,a7 receive credit assistance on terms acceptable to the ,secretary1 if adequate funds are available 7including any funds provided on behalf of an eligible project under paragraph 7#c77;,b77ii77 to cover the subsidy amount associated with the ,federal credit instrument2 and 7,b7 receive grants under section #iii;,d if-- 7i7 adequate funds are available to cover the amount of the grant2 and 7ii7 the ,secretary determines that the project is eligible under subsection 7b74 7#b7 ,priority ,in selecting projects to receive credit assistance under subsection 7b71 the ,secretary shall give priority to projects that-- 7,a7 are large-capacity1 common carrier infrastructure2 7,b7 have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air2 7,c7 enable geographical diversity in associated projects that capture carbon dioxide from anthropogenic sources or ambient air1 with the goal of enabling projects in all major carbon dioxide-emitting regions of the ,united ,states2 and 7,d7 are sited within1 or adjacent to1 existing pipeline or other linear infrastructure corridors1 in a manner that minimizes environmental disturbance and other siting concerns4 7#c7 ,master credit agreements 7,a7 ,priority projects ,the ,secretary may enter into a master credit agreement for a project that the ,secretary determines-- 7i7 will likely be eligible for credit assistance under subsection 7b71 on obtaining-- 7,i7 additional commitments from associated carbon capture projects to use the project2 or 7,,ii7 all necessary permits and approvals2 and 7ii7 is a project of high priority1 as determined in accordance with the criteria described in paragraph 7#b74 7,b7 ,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 instrument1 a project sponsor 7including a unit of ,state or local government7 of an eligible project may elect-- 7i7 7,i7 to enter into a master credit agreement in lieu of the ,federal credit instrument2 and 7,,ii7 to wait to execute a ,federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance2 or 7ii7 if the lack of adequate funding is solely with respect to amounts available for the subsidy amount1 to pay the subsidy amount to fund the ,federal credit instrument4 7d7 ,federal requirements 7#a7 ,in general ,nothing in this subtitle supersedes the applicability of any other requirement under ,federal law 7including regulations74 7#b7 ,,nepa ,federal credit assistance may only be provided under this subtitle for a project that has received an environmental categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,use of ,american iron1 steel1 and manufactured goods 7#a7 ,in general ,except as provided in paragraph 7#b71 no ,federal credit instrument or grant provided under the ,,cifia program shall be made available for a project unless all iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply in any case or category of cases with respect to which the ,secretary determines that-- 7,a7 the application would be inconsistent with the public interest2 7,b7 iron1 steel1 or a relevant manufactured good is not produced in the ,united ,states in sufficient and reasonably available quantity1 or of a satisfactory quality2 or 7,c7 the inclusion of iron1 steel1 or a manufactured good produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7#c7 ,waivers ,if the ,secretary receives a request for a waiver under this subsection1 the ,secretary shall-- 7,a7 make available to the public a copy of the request1 together with any information available to the ,secretary concerning the request-- 7i7 on an informal basis2 and 7ii7 by electronic means1 including on the official public website of the ,department2 7,b7 allow for informal public comment relating to the request for not fewer than #ae days before making a determination with respect to the request2 and 7,c7 approve or disapprove the request by not later than the date that is #abj days after the date of receipt of the request4 7#d7 ,applicability ,this subsection shall be applied in accordance with any applicable obligations of the ,united ,states under international agreements4 7f7 ,application processing procedures 7#a7 ,notice of complete application ,not later than #cj days after the date of receipt of an application under this section1 the ,secretary shall provide to the applicant a written notice describing whether-- 7,a7 the application is complete2 or 7,b7 additional information or materials are needed to complete the application4 7#b7 ,approval or denial of application ,not later than #fj days after the date of issuance of a written notice under paragraph 7#a71 the ,secretary shall provide to the applicant a written notice informing the applicant whether the ,secretary has approved or disapproved the application4 7g7 ,development-phase activities ,any ,federal credit instrument provided under the ,,cifia program may be used to finance up to #ajj percent of the cost of development-phase activities1 as described in section #iii;,a7#d77;,a74 #iii;,c4 ,secured loans 7a7 ,agreements 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary may enter into agreements with #a or more obligors to make secured loans1 the proceeds of which-- 7,a7 shall be used-- 7i7 to finance eligible project costs of any project selected under section #iii;,b2 7ii7 to refinance interim construction financing of eligible project costs of any project selected under section #iii;,b2 or 7iii7 to refinance long-term project obligations or ,federal credit instruments1 if the refinancing provides additional funding capacity for the completion1 enhancement1 or expansion of any project that-- 7,i7 is selected under section #iii;,b2 or 7,,ii7 otherwise meets the requirements of that section2 and 7,b7 may be used in accordance with subsection 7b77#g7 to pay any fees collected by the ,secretary under subparagraph 7,b7 of that subsection4 7#b7 ,risk assessment ,before entering into an agreement under this subsection1 the ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget1 shall determine an appropriate credit subsidy amount for each secured loan1 taking into account all relevant factors1 including the creditworthiness factors under section #iii;,b7b77#b74 7b7 ,terms and limitations 7#a7 ,in general ,a secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits7 as the ,secretary determines to be appropriate4 7#b7 ,maximum amount ,the amount of a secured loan under this section shall not exceed an amount equal to #hj percent of the reasonably anticipated eligible project costs4 7#c7 ,payment ,a secured loan under this section shall be payable1 in whole or in part1 from-- 7,a7 user fees2 7,b7 payments owing to the obligor under a public-private partnership2 or 7,c7 other revenue sources that also secure or fund the project obligations4 7#d7 ,interest rate 7,a7 ,in general ,except as provided in subparagraph 7,b71 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 agreement4 7,b7 ,limited buydowns 7i7 ,in general ,subject to clause 7iii71 the ,secretary may lower the interest rate of a secured loan under this section to not lower than the interest rate described in clause 7ii71 if the interest rate has increased during the period-- 7,i7 beginning on1 as applicable-- 7aa7 the date on which an application acceptable to the ,secretary is submitted for the applicable project2 or 7bb7 the date on which the ,secretary entered into a master credit agreement for the applicable project2 and 7,,ii7 ending on the date on which the ,secretary executes the ,federal credit instrument for the applicable project that is the subject of the secured loan4 7ii7 ,description of interest rate ,the interest rate referred to in clause 7i7 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 effect1 as applicable to the project that is the subject of the secured loan1 on-- 7,i7 the date described in clause 7i77,i77aa72 or 7,,ii7 the date described in clause 7i77,i77bb74 7iii7 ,limitation ,the interest rate of a secured loan may not be lowered pursuant to clause 7i7 by more than #aa_/b percentage points 7#aej basis points74 7#e7 ,maturity date ,the final maturity date of the secured loan shall be the earlier of-- 7,a7 the date that is #ce years after the date of substantial completion of the project2 and 7,b7 if the useful life of the capital asset being financed is of a lesser period1 the date that is the end of the useful life of the asset4 7#f7 ,nonsubordination 7,a7 ,in general ,except as provided in subparagraph 7,b71 the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor4 7,b7 ,preexisting indenture 7i7 ,in general ,the ,secretary shall waive the requirement under subparagraph 7,a7 for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture1 if-- 7,i7 the secured loan is rated in the ,a category or higher2 and 7,,ii7 the secured loan is secured and payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge or a system-backed pledge of project revenues4 7ii7 ,limitation ,if the ,secretary waives the nonsubordination requirement under this subparagraph-- 7,i7 the maximum credit subsidy amount to be paid by the ,federal ,government shall be not more than #aj percent of the principal amount of the secured loan2 and 7,,ii7 the obligor shall be responsible for paying the remainder of the subsidy amount1 if any4 7#g7 ,fees 7,a7 ,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 #c1jjj1jjj to cover all or a portion of the costs to the ,federal ,government of providing the ,federal credit instrument4 7,b7 ,amendment to add cost of fees to secured loan ,if the ,secretary collects a fee from an obligor under subparagraph 7,a7 to cover all or a portion of the costs to the ,federal ,government of providing a secured loan1 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 ,secretary4 7#h7 ,maximum ,federal involvement ,the total ,federal assistance provided for a project under the ,,cifia program1 including any grant provided under section #iii;,d1 shall not exceed an amount equal to #hj percent of the eligible project costs4 7c7 ,repayment 7#a7 ,schedule ,the ,secretary shall establish a repayment schedule for each secured loan under this section based on-- 7,a7 the projected cash flow from project revenues and other repayment sources2 and 7,b7 the useful life of the project4 7#b7 ,commencement ,scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than #e years after the date of substantial completion of the project4 7#c7 ,deferred payments 7,a7 ,in general ,if1 at any time after the date of substantial completion of a project1 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 loan1 the ,secretary may1 subject to subparagraph 7,c71 allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan4 7,b7 ,interest ,any payment deferred under subparagraph 7,a7 shall-- 7i7 continue to accrue interest in accordance with subsection 7b77#d7 until fully repaid2 and 7ii7 be scheduled to be amortized over the remaining term of the loan4 7,c7 ,criteria 7i7 ,in general ,any payment deferral under subparagraph 7,a7 shall be contingent on the project meeting criteria established by the ,secretary4 7ii7 ,repayment standards ,the criteria established pursuant to clause 7i7 shall include standards for the reasonable prospect of repayment4 7#d7 ,prepayment 7,a7 ,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 agreement1 bond resolution1 or similar agreement securing project obligations may be applied annually to prepay the secured loan1 without penalty4 7,b7 ,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 sources4 7d7 ,sale of secured loans 7#a7 ,in general ,subject to paragraph 7#b71 as soon as practicable after substantial completion of a project and after notifying the obligor1 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 terms4 7#b7 ,consent of obligor ,in making a sale or reoffering under paragraph 7#a71 the ,secretary may not change any original term or condition of the secured loan without the written consent of the obligor4 7e7 ,loan guarantees 7#a7 ,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 as1 or less than1 that of a secured loan4 7#b7 ,terms ,the terms of a loan guarantee under paragraph 7#a7 shall be consistent with the terms required under this section for a secured loan1 except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender1 with the consent of the ,secretary4 #iii;,d4 ,future growth grants 7a7 ,establishment ,the ,secretary may provide grants to pay a portion of the cost differential1 with respect to any projected future increase in demand for carbon dioxide transportation by an infrastructure project described in subsection 7b71 between-- 7#a7 the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide1 as made practicable under the project2 and 7#b7 the cost of constructing the infrastructure asset with the capacity to transport carbon dioxide at the flow rate initially required1 based on commitments for the use of the asset4 7b7 ,eligibility ,to be eligible to receive a grant under this section1 an entity shall-- 7#a7 be eligible to receive credit assistance under the ,,cifia program2 7#b7 carry out1 or propose to carry out1 a project for large-capacity1 common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation2 and 7#c7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be appropriate4 7c7 ,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 #bj-year period beginning on the date of substantial completion of the project described in subsection 7b77#b74 7d7 ,maximum amount ,the amount of a grant provided under this section may not exceed an amount equal to #hj percent of the cost of the additional capacity described in subsection 7a74 #iii;,e4 ,program administration 7a7 ,requirement ,the ,secretary shall establish a uniform system to service the ,federal credit instruments provided under the ,,cifia program4 7b7 ,fees ,if funding sufficient to cover the costs of services of expert firms retained pursuant to subsection 7d7 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 year1 the ,secretary1 during that fiscal year1 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 costs4 7c7 ,servicer 7#a7 ,in general ,the ,secretary may appoint a financial entity to assist the ,secretary in servicing the ,federal credit instruments4 7#b7 ,duties ,a servicer appointed under paragraph 7#a7 shall act as the agent for the ,secretary4 7#c7 ,fee ,a servicer appointed under paragraph 7#a7 shall receive a servicing fee1 subject to approval by the ,secretary4 7d7 ,assistance from expert firms ,the ,secretary may retain the services of expert firms1 including counsel1 in the field of municipal and project finance to assist in the underwriting and servicing of ,federal credit instruments4 7e7 ,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 program4 #iii;,f4 ,state and local permits ,the provision of credit assistance under the ,,cifia program with respect to a project shall not-- 7#a7 relieve any recipient of the assistance of any project obligation to obtain any required ,state or local permit or approval with respect to the project2 7#b7 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 project2 or 7#c7 otherwise supersede any ,state or local law 7including any regulation7 applicable to the construction or operation of the project4 #iii;,g4 ,regulations ,the ,secretary may promulgate such regulations as the ,secretary determines to be appropriate to carry out the ,,cifia program4 #iii;,h4 ,authorization of appropriations2 contract authority 7a7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this subtitle-- 7,a7 #fjj1jjj1jjj for each of fiscal years #bjbb and #bjbc2 and 7,b7 #cjj1jjj1jjj for each of fiscal years #bjbd through #bjbf4 7#b7 ,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 basis4 7#c7 ,reestimates ,if the subsidy amount of a ,federal credit instrument is reestimated1 the cost increase or decrease of the reestimate shall be borne by1 or benefit1 the general fund of the ,treasury1 consistent with section #ejd7;f7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffa;c7f774 7#d7 ,administrative costs ,of the amounts made available to carry out the ,,cifia program1 the ,secretary may use not more than #i1jjj1jjj 7as indexed for ,united ,states dollar inflation from the date of enactment of the ,energy ,infrastructure ,act 7as measured by the ,consumer ,price ,index77 each fiscal year for the administration of the ,,cifia program4 7b7 ,contract authority 7#a7 ,in general ,notwithstanding any other provision of law1 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 investment4 7#b7 ,availability ,amounts made available to carry out the ,,cifia program for a fiscal year shall be available for obligation on ,october #a of the fiscal year4 4 7b7 ,technical amendments ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is amended-- 7#a7 in the item relating to section #iag1 by striking ,efficiency2 7#b7 by striking the items relating to subtitle ,j of title ,,ix 7relating to ultra-deepwater and unconventional natural gas and other petroleum resources7 and inserting the following3 ,subtitle ,j--,carbon dioxide transportation infrastructure finance and innovation ,sec4 #iii;,a4 ,definitions4 ,sec4 #iii;,b4 ,determination of eligibility and project selection4 ,sec4 #iii;,c4 ,secured loans4 ,sec4 #iii;,d4 ,future growth grants4 ,sec4 #iii;,e4 ,program administration4 ,sec4 #iii;,f4 ,state and local permits4 ,sec4 #iii;,g4 ,regulations4 ,sec4 #iii;,h4 ,authorization of appropriations2 contract authority4 2 and 7#c7 by striking the item relating to section #ifi;,b and inserting the following3 ,sec4 #ifi;,b4 ,high efficiency turbines4 4 #cjje4 ,carbon storage validation and testing ,section #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbic7 is amended-- 7#a7 in subsection 7a77#a77;,b71 by striking over a #aj-year period2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking and demonstration and inserting demonstration1 and commercialization2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,g71 by striking and at the end2 7ii7 in subparagraph 7,h71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,i7 evaluating the quantity1 location1 and timing of geologic carbon storage deployment that may be needed1 and developing strategies and resources to enable the deployment4 2 7#c7 by redesignating subsections 7e7 through 7g7 as subsections 7f7 through 7h71 respectively2 7#d7 by inserting after subsection 7d7 the following3 7e7 ,large-scale carbon storage commercialization program 7#a7 ,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 infrastructure1 including funding for the feasibility1 site characterization1 permitting1 and construction stages of project development4 7#b7 ,applications2 selection 7,a7 ,in general ,to be eligible to enter into an agreement with the ,secretary for funding under paragraph 7#a71 an entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be appropriate4 7,b7 ,application process ,the ,secretary shall establish an application process that1 to the maximum extent practicable-- 7i7 is open to projects at any stage of development described in paragraph 7#a72 and 7ii7 facilitates expeditious development of projects described in that paragraph4 7,c7 ,project selection ,in selecting projects for funding under paragraph 7#a71 the ,secretary shall give priority to-- 7i7 projects with substantial carbon dioxide storage capacity2 or 7ii7 projects that will store carbon dioxide from multiple carbon capture facilities4 2 7#e7 in subsection 7f7 7as so redesignated71 in paragraph 7#a71 by inserting with respect to the research1 development1 demonstration program components described in subsections 7b7 through 7d7 before give preference2 and 7#f7 by striking subsection 7h7 7as so redesignated7 and inserting the following3 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #b1ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 4 #cjjf4 ,secure geologic storage permitting 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,class ,,vi well ,the term ,class ,,vi well means a well described in section #add4f7;f7 of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,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 7#db ,u4,s4,c4 #cjj;f et seq47 and the final rule of the ,administrator entitled ,federal ,requirements ,under the ,underground ,injection ,control 7,,uic7 ,program for ,carbon ,dioxide 7,,co#b7 ,geologic ,sequestration 7,,gs7 ,wells 7#ge ,fed4 ,reg4 #ggbcj 7,december #aj1 #bjaj771 #e1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7c7 ,state permitting program grants 7#a7 ,establishment ,the ,administrator shall award grants to ,states that1 pursuant to section #adbb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h-#a71 receive the approval of the ,administrator for a ,state underground injection control program for permitting ,class ,,vi wells for the injection of carbon dioxide4 7#b7 ,use of funds ,a ,state that receives a grant under paragraph 7#a7 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 7#a74 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this subsection #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #cjjg4 ,geologic carbon sequestration on the outer ,continental ,shelf 7a7 ,definitions ,section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca7 is amended-- 7#a7 in the matter preceding subsection 7a71 by striking ,when used in this ,act-- and inserting ,in this ,act32 7#b7 in each subsection1 by inserting a subsection heading1 the text of which is comprised of the term defined in the subsection2 7#c7 by striking the semicolon at the end of each subsection 7other than subsection 7q77 and 2 and at the end of subsection 7p7 and inserting a period2 and 7#d7 by adding at the end the following3 7r7 ,carbon dioxide stream 7#a7 ,in general ,the term carbon dioxide stream means carbon dioxide that-- 7,a7 has been captured2 and 7,b7 consists overwhelmingly of-- 7i7 carbon dioxide plus incidental associated substances derived from the source material or capture process2 and 7ii7 any substances added to the stream for the purpose of enabling or improving the injection process4 7#b7 ,exclusions ,the term carbon dioxide stream does not include additional waste or other matter added to the carbon dioxide stream for the purpose of disposal4 7s7 ,carbon sequestration ,the term carbon sequestration means the act of storing carbon dioxide that has been removed from the atmosphere or captured through physical1 chemical1 or biological processes that can prevent the carbon dioxide from reaching the atmosphere4 4 7b7 ,leases1 easements1 or rights-of-way for energy and related purposes ,section #h7p77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77 is amended-- 7#a7 in subparagraph 7,c71 by striking or after the semicolon2 7#b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,e7 provide for1 support1 or are directly related to the injection of a carbon dioxide stream into sub-seabed geologic formations for the purpose of long-term carbon sequestration4 4 7c7 ,clarification ,a carbon dioxide stream injected for the purpose of carbon sequestration under subparagraph 7,e7 of section #h7p77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77 shall not be considered to be material 7as defined in section #c of the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#cc ,u4,s4,c4 #adjb77 for purposes of that ,act 7#cc ,u4,s4,c4 #adja et seq474 7d7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior shall promulgate regulations to carry out the amendments made by this section4 #cjjh4 ,carbon removal 7a7 ,in general ,section #ifi;,d of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;d7 is amended-- 7#a7 by redesignating subsection 7j7 as subsection 7k72 and 7#b7 by inserting after subsection 7i7 the following3 7j7 ,regional direct air capture hubs 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible project ,the term eligible project means a direct air capture project or a component project of a regional direct air capture hub4 7,b7 ,regional direct air capture hub ,the term regional direct air capture hub means a network of direct air capture projects1 potential carbon dioxide utilization off-takers1 connective carbon dioxide transport infrastructure1 subsurface resources1 and sequestration infrastructure located within a region4 7#b7 ,establishment of program 7,a7 ,in general ,the ,secretary shall establish a program under which the ,secretary shall provide funding for eligible projects that contribute to the development of #d regional direct air capture hubs described in subparagraph 7,b74 7,b7 ,regional direct air capture hubs ,each of the #d regional direct air capture hubs developed under the program under subparagraph 7,a7 shall be a regional direct air capture hub that-- 7i7 facilitates the deployment of direct air capture projects2 7ii7 has the capacity to capture and sequester1 utilize1 or sequester and utilize at least #a1jjj1jjj metric tons of carbon dioxide from the atmosphere annually from a single unit or multiple interconnected units2 7iii7 demonstrates the capture1 processing1 delivery1 and sequestration or end-use of captured carbon2 and 7iv7 could be developed into a regional or interregional carbon network to facilitate sequestration or carbon utilization4 7#c7 ,selection of projects 7,a7 ,solicitation of proposals 7i7 ,in general ,not later than #ahj days after the date of enactment of the ,energy ,infrastructure ,act1 the ,secretary shall solicit applications for funding for eligible projects4 7ii7 ,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 7i7 until all amounts appropriated to carry out this subsection are expended4 7,b7 ,selection of projects for the development of regional direct air capture hubs ,not later than #c years after the date of the deadline for the submission of proposals under subparagraph 7,a77i71 the ,secretary shall select eligible projects described in paragraph 7#b77;,a74 7,c7 ,criteria ,the ,secretary shall select eligible projects under subparagraph 7,b7 using the following criteria3 7i7 ,carbon intensity of local industry ,to the maximum extent practicable1 each eligible project shall be located in a region with-- 7,i7 existing carbon-intensive fuel production or industrial capacity2 or 7,,ii7 carbon-intensive fuel production or industrial capacity that has retired or closed in the preceding #aj years4 7ii7 ,geographic diversity ,to the maximum extent practicable1 eligible projects shall contribute to the development of regional direct air capture hubs located in different regions of the ,united ,states4 7iii7 ,carbon potential ,to the maximum extent practicable1 eligible projects shall contribute to the development of regional direct air capture hubs located in regions with high potential for carbon sequestration or utilization4 7iv7 ,hubs in fossil-producing regions ,to the maximum extent practicable1 eligible projects shall contribute to the development of at least #b regional direct air capture hubs located in economically distressed communities in the regions of the ,united ,states with high levels of coal1 oil1 or natural gas resources4 7v7 ,scalability ,the ,secretary shall give priority to eligible projects that1 as compared to other eligible projects1 will contribute to the development of regional direct air capture hubs with larger initial capacity1 greater potential for expansion1 and lower levelized cost per ton of carbon dioxide removed from the atmosphere4 7vi7 ,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 region4 7vii7 ,additional criteria ,the ,secretary may take into consideration other criteria that1 in the judgment of the ,secretary1 are necessary or appropriate to carry out this subsection4 7,d7 ,coordination ,to the maximum extent practicable1 in carrying out the program under this subsection1 the ,secretary shall take into account and coordinate with activities of the carbon capture technology program established under section #ifb7;b77#a71 the carbon storage validation and testing program established under section #ifc7;b77#a71 and the ,,cifia program established under section #iii;,b7a7 such that funding from each of the programs is leveraged to contribute toward the development of integrated regional and interregional carbon capture1 removal1 transport1 sequestration1 and utilization networks4 7,e7 ,funding of eligible projects ,the ,secretary may make grants to1 or enter into cooperative agreements or contracts with1 each eligible project selected under subparagraph 7,b7 to accelerate commercialization of1 and demonstrate the removal1 processing1 transport1 sequestration1 and utilization of1 carbon dioxide captured from the atmosphere4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #c1ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 4 ,b ,hydrogen research and development #caja4 ,findings2 purpose 7a7 ,findings ,congress finds that-- 7#a7 hydrogen plays a critical part in the comprehensive energy portfolio of the ,united ,states2 7#b7 the use of the hydrogen resources of the ,united ,states-- 7,a7 promotes energy security and resilience2 and 7,b7 provides economic value and environmental benefits for diverse applications across multiple sectors of the economy2 and 7#c7 hydrogen can be produced from a variety of domestically available clean energy sources1 including-- 7,a7 renewable energy resources1 including biomass2 7,b7 fossil fuels with carbon capture1 utilization1 and storage2 and 7,c7 nuclear power4 7b7 ,purpose ,the purpose of this subtitle is to accelerate research1 development1 demonstration1 and deployment of hydrogen from clean energy sources by-- 7#a7 providing a statutory definition for the term clean hydrogen2 7#b7 establishing a clean hydrogen strategy and roadmap for the ,united ,states2 7#c7 establishing a clearing house for clean hydrogen program information at the ,national ,energy ,technology ,laboratory2 7#d7 developing a robust clean hydrogen supply chain and workforce by prioritizing clean hydrogen demonstration projects in major shale gas regions2 7#e7 establishing regional clean hydrogen hubs2 and 7#f7 authorizing appropriations to carry out the ,department of ,energy ,hydrogen ,program ,plan1 dated ,november #bjbj1 developed pursuant to title ,,viii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaea et seq474 #cajb4 ,definitions ,section #hjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaeb7 is amended-- 7#a7 in paragraph 7#e71 by striking the paragraph designation and heading and all that follows through when in the matter preceding subparagraph 7,a7 and inserting the following3 7#e7 ,portable2 storage ,the terms portable and storage1 when 2 7#b7 by redesignating paragraphs 7#a7 through 7#g7 as paragraphs 7#b7 through 7#h71 respectively2 and 7#c7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,clean hydrogen2 hydrogen ,the terms clean hydrogen and hydrogen mean hydrogen produced in compliance with the greenhouse gas emissions standard established under section #hbb7;a71 including production from any fuel source4 4 #cajc4 ,clean hydrogen research and development program 7a7 ,in general ,section #hje of the ,energy ,policy ,act of #bjje 7#db ,u4,s4 #afaed7 is amended-- 7#a7 in the section heading1 by striking ,programs and inserting ,clean hydrogen research and development program2 7#b7 in subsection 7a7-- 7,a7 by striking research and development program and inserting crosscutting research and development program 7referred to in this section as the program72 and 7,b7 by inserting processing1 after production12 7#c7 by striking subsection 7b7 and inserting the following3 7b7 ,goals ,the goals of the program shall be-- 7#a7 to advance research and development to demonstrate and commercialize the use of clean hydrogen in the transportation1 utility1 industrial1 commercial1 and residential sectors2 and 7#b7 to demonstrate a standard of clean hydrogen production in the transportation1 utility1 industrial1 commercial1 and residential sectors by #bjdj4 2 7#d7 in subsection 7c77#c71 by striking renewable fuels and biofuels and inserting fossil fuels with carbon capture1 utilization1 and sequestration1 renewable fuels1 biofuels1 and nuclear energy2 7#e7 by striking subsection 7e7 and inserting the following3 7e7 ,activities ,in carrying out the program1 the ,secretary1 in partnership with the private sector1 shall conduct activities to advance and support-- 7#a7 the establishment of a series of technology cost goals oriented toward achieving the standard of clean hydrogen production developed under section #hbb7;a72 7#b7 the production of clean hydrogen from diverse energy sources1 including-- 7,a7 fossil fuels with carbon capture1 utilization1 and sequestration2 7,b7 hydrogen-carrier fuels 7including ethanol and methanol72 7,c7 renewable energy resources1 including biomass2 7,d7 nuclear energy2 and 7,e7 any other methods the ,secretary determines to be appropriate2 7#c7 the use of clean hydrogen for commercial1 industrial1 and residential electric power generation2 7#d7 the use of clean hydrogen in industrial applications1 including steelmaking1 cement1 chemical feedstocks1 and process heat2 7#e7 the use of clean hydrogen for use as a fuel source for both residential and commercial comfort heating and hot water requirements2 7#f7 the safe and efficient delivery of hydrogen or hydrogen-carrier fuels1 including-- 7,a7 transmission by pipelines1 including retrofitting the existing natural gas transportation infrastructure system to enable a transition to transport and deliver increasing levels of clean hydrogen1 clean hydrogen blends1 or clean hydrogen carriers2 7,b7 tanks and other distribution methods2 and 7,c7 convenient and economic refueling of vehicles1 locomotives1 maritime vessels1 or planes-- 7i7 at central refueling stations2 or 7ii7 through distributed onsite generation2 7#g7 advanced vehicle1 locomotive1 maritime vessel1 or plane technologies1 including-- 7,a7 engine and emission control systems2 7,b7 energy storage1 electric propulsion1 and hybrid systems2 7,c7 automotive1 locomotive1 maritime vessel1 or plane materials2 and 7,d7 other advanced vehicle1 locomotive1 maritime vessel1 or plane technologies2 7#h7 storage of hydrogen or hydrogen-carrier fuels1 including the development of materials for safe and economic storage in gaseous1 liquid1 or solid form2 7#i7 the development of safe1 durable1 affordable1 and efficient fuel cells1 including fuel-flexible fuel cell power systems1 improved manufacturing processes1 high-temperature membranes1 cost-effective fuel processing for natural gas1 fuel cell stack and system reliability1 low-temperature operation1 and cold start capability2 7#aj7 the ability of domestic clean hydrogen equipment manufacturers to manufacture commercially available competitive technologies in the ,united ,states2 7#aa7 the use of clean hydrogen in the transportation sector1 including in light-1 medium-1 and heavy-duty vehicles1 rail transport1 aviation1 and maritime applications2 and 7#ab7 in coordination with relevant agencies1 the development of appropriate1 uniform codes and standards for the safe and consistent deployment and commercialization of clean hydrogen production1 processing1 delivery1 and end-use technologies4 2 and 7#f7 by adding at the end the following3 7j7 ,targets ,not later than #ahj days after the date of enactment of the ,energy ,infrastructure ,act1 the ,secretary shall establish targets for the program to address near-term 7up to #b years71 mid-term 7up to #g years71 and long-term 7up to #ae years7 challenges to the advancement of clean hydrogen systems and technologies4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eii7 is amended by striking the item relating to section #hje and inserting the following3 ,sec4 #hje4 ,clean hydrogen research and development program4 4 #cajd4 ,additional clean hydrogen programs ,title ,,viii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaea et seq47 is amended-- 7#a7 by redesignating sections #hac through #haf as sections #hah through #hba1 respectively2 and 7#b7 by inserting after section #hab the following3 #hac4 ,regional clean hydrogen hubs 7a7 ,definition of regional clean hydrogen hub ,in this section1 the term regional clean hydrogen hub means a network of clean hydrogen producers1 potential clean hydrogen consumers1 and connective infrastructure located in close proximity4 7b7 ,establishment of program ,the ,secretary shall establish a program to support the development of at least #d regional clean hydrogen hubs that-- 7#a7 demonstrably aid the achievement of the clean hydrogen production standard developed under section #hbb7;a72 7#b7 demonstrate the production1 processing1 delivery1 storage1 and end-use of clean hydrogen2 and 7#c7 can be developed into a national clean hydrogen network to facilitate a clean hydrogen economy4 7c7 ,selection of regional clean hydrogen hubs 7#a7 ,solicitation of proposals ,not later than #ahj days after the date of enactment of the ,energy ,infrastructure ,act1 the ,secretary shall solicit proposals for regional clean hydrogen hubs4 7#b7 ,selection of hubs ,not later than #a year after the deadline for the submission of proposals under paragraph 7#a71 the ,secretary shall select at least #d regional clean hydrogen hubs to be developed under subsection 7b74 7#c7 ,criteria ,the ,secretary shall select regional clean hydrogen hubs under paragraph 7#b7 using the following criteria3 7,a7 ,feedstock diversity ,to the maximum extent practicable-- 7i7 at least #a regional clean hydrogen hub shall demonstrate the production of clean hydrogen from fossil fuels2 7ii7 at least #a regional clean hydrogen hub shall demonstrate the production of clean hydrogen from renewable energy2 and 7iii7 at least #a regional clean hydrogen hub shall demonstrate the production of clean hydrogen from nuclear energy4 7,b7 ,end-use diversity ,to the maximum extent practicable-- 7i7 at least #a regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the electric power generation sector2 7ii7 at least #a regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the industrial sector2 7iii7 at least #a regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the residential and commercial heating sector2 and 7iv7 at least #a regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the transportation sector4 7,c7 ,geographic diversity ,to the maximum extent practicable1 each regional clean hydrogen hub-- 7i7 shall be located in a different region of the ,united ,states2 and 7ii7 shall use energy resources that are abundant in that region4 7,d7 ,hubs in natural gas-producing regions ,to the maximum extent practicable1 at least #b regional clean hydrogen hubs shall be located in the regions of the ,united ,states with the greatest natural gas resources4 7,e7 ,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 region4 7,f7 ,additional criteria ,the ,secretary may take into consideration other criteria that1 in the judgment of the ,secretary1 are necessary or appropriate to carry out this title 7#d7 ,funding of regional clean hydrogen hubs ,the ,secretary may make grants to each regional clean hydrogen hub selected under paragraph 7#b7 to accelerate commercialization of1 and demonstrate the production1 processing1 delivery1 storage1 and end-use of1 clean hydrogen4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #h1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #had4 ,national clean hydrogen strategy and roadmap 7a7 ,development 7#a7 ,in general ,in carrying out the programs established under sections #hje and #hac1 the ,secretary1 in consultation with the heads of relevant offices of the ,department1 shall develop a technologically and economically feasible national strategy and roadmap to facilitate widescale production1 processing1 delivery1 storage1 and use of clean hydrogen4 7#b7 ,inclusions ,the national clean hydrogen strategy and roadmap developed under paragraph 7#a7 shall focus on-- 7,a7 establishing a standard of hydrogen production that achieves the standard developed under section #hbb7;a71 including interim goals towards meeting that standard2 7,b7 7i7 clean hydrogen production and use from natural gas1 coal1 renewable energy sources1 nuclear energy1 and biomass2 and 7ii7 identifying potential barriers1 pathways1 and opportunities1 including ,federal policy needs1 to transition to a clean hydrogen economy2 7,c7 identifying-- 7i7 economic opportunities for the production1 processing1 transport1 storage1 and use of clean hydrogen that exist in the major shale natural gas-producing regions of the ,united ,states2 7ii7 economic opportunities for the production1 processing1 transport1 storage1 and use of clean hydrogen that exist for merchant nuclear power plants operating in deregulated markets2 and 7iii7 environmental risks associated with potential deployment of clean hydrogen technologies in those regions1 and ways to mitigate those risks2 7,d7 approaches1 including substrategies1 that reflect geographic diversity across the country1 to advance clean hydrogen based on resources1 industry sectors1 environmental benefits1 and economic impacts in regional economies2 7,e7 identifying opportunities to use1 and barriers to using1 existing infrastructure1 including all components of the natural gas infrastructure system1 the carbon dioxide pipeline infrastructure system1 end-use local distribution networks1 end-use power generators1 ,,lng terminals1 industrial users of natural gas1 and residential and commercial consumers of natural gas1 for clean hydrogen deployment2 7,f7 identifying the needs for and barriers and pathways to developing clean hydrogen hubs 7including1 where appropriate1 clean hydrogen hubs coupled with carbon capture1 utilization1 and storage hubs7 that-- 7i7 are regionally dispersed across the ,united ,states and can leverage natural gas to the maximum extent practicable2 7ii7 can demonstrate the efficient production1 processing1 delivery1 and use of clean hydrogen2 7iii7 include transportation corridors and modes of transportation1 including transportation of clean hydrogen by pipeline and rail and through ports2 and 7iv7 where appropriate1 could serve as joint clean hydrogen and carbon capture1 utilization1 and storage hubs2 7,g7 prioritizing activities that improve the ability of the ,department to develop tools to model1 analyze1 and optimize single-input1 multiple-output integrated hybrid energy systems and multiple-input1 multiple-output integrated hybrid energy systems that maximize efficiency in providing hydrogen1 high-value heat1 electricity1 and chemical synthesis services2 7,h7 identifying the appropriate points of interaction between and among ,federal agencies involved in the production1 processing1 delivery1 storage1 and use of clean hydrogen and clarifying the responsibilities of those ,federal agencies1 and potential regulatory obstacles and recommendations for modifications1 in order to support the deployment of clean hydrogen2 and 7,i7 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 hydrogen1 in support of decarbonizing all relevant sectors of the economy4 7b7 ,reports to ,congress 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,energy ,infrastructure ,act1 the ,secretary shall submit to ,congress the clean hydrogen strategy and roadmap developed under subsection 7a74 7#b7 ,updates ,the ,secretary shall submit to ,congress updates to the clean hydrogen strategy and roadmap under paragraph 7#a7 not less frequently than once every #c years after the date on which the ,secretary initially submits the report and roadmap4 #hae4 ,clean hydrogen manufacturing and recycling 7a7 ,clean hydrogen manufacturing initiative 7#a7 ,in general ,in carrying out the programs established under sections #hje and #hac1 the ,secretary shall award multiyear grants to1 and enter into contracts1 cooperative agreements1 or any other agreements authorized under this ,act or other ,federal law with1 eligible entities 7as determined by the ,secretary7 for research1 development1 and demonstration projects to advance new clean hydrogen production1 processing1 delivery1 storage1 and use equipment manufacturing technologies and techniques4 7#b7 ,priority ,in awarding grants or entering into contracts1 cooperative agreements1 or other agreements under paragraph 7#a71 the ,secretary1 to the maximum extent practicable1 shall give priority to clean hydrogen equipment manufacturing projects that-- 7,a7 increase efficiency and cost-effectiveness in-- 7i7 the manufacturing process2 and 7ii7 the use of resources1 including existing energy infrastructure2 7,b7 support domestic supply chains for materials and components2 7,c7 identify and incorporate nonhazardous alternative materials for components and devices2 7,d7 operate in partnership with tribal energy development organizations1 ,indian ,tribes1 ,tribal organizations1 ,native ,hawaiian community-based organizations1 or territories or freely associated ,states2 or 7,e7 are located in economically distressed areas of the major natural gas-producing regions of the ,united ,states4 7#c7 ,evaluation ,not later than #c years after the date of enactment of the ,energy ,infrastructure ,act1 and not less frequently than once every #d years thereafter1 the ,secretary shall conduct1 and make available to the public and the relevant committees of ,congress1 an independent review of the progress of the projects carried out through grants awarded1 or contracts1 cooperative agreements1 or other agreements entered into1 under paragraph 7#a74 7b7 ,clean hydrogen technology recycling research1 development1 and demonstration program 7#a7 ,in general ,in carrying out the programs established under sections #hje and #hac1 the ,secretary shall award multiyear grants to1 and enter into contracts1 cooperative agreements1 or any other agreements authorized under this ,act or other ,federal law with1 eligible entities for research1 development1 and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of clean hydrogen technologies1 including by-- 7,a7 increasing the efficiency and cost-effectiveness of the recovery of raw materials from clean hydrogen technology components and systems1 including enabling technologies such as electrolyzers and fuel cells2 7,b7 minimizing environmental impacts from the recovery and disposal processes2 7,c7 addressing any barriers to the research1 development1 demonstration1 and commercialization of technologies and processes for the disassembly and recycling of devices used for clean hydrogen production1 processing1 delivery1 storage1 and use2 7,d7 developing alternative materials1 designs1 manufacturing processes1 and other aspects of clean hydrogen technologies2 7,e7 developing alternative disassembly and resource recovery processes that enable efficient1 cost-effective1 and environmentally responsible disassembly of1 and resource recovery from1 clean hydrogen technologies2 and 7,f7 developing strategies to increase consumer acceptance of1 and participation in1 the recycling of fuel cells4 7#b7 ,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 awarded1 or contracts1 cooperative agreements1 or other agreements entered into1 under paragraph 7#a71 including any educational and outreach materials developed by the projects4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #haf4 ,clean hydrogen electrolysis program 7a7 ,definitions ,in this section3 7#a7 ,electrolysis ,the term electrolysis means a process that uses electricity to split water into hydrogen and oxygen4 7#b7 ,electrolyzer ,the term electrolyzer means a system that produces hydrogen using electrolysis4 7#c7 ,program ,the term program means the program established under subsection 7b74 7b7 ,establishment ,not later than #ij days after the date of enactment of the ,energy ,infrastructure ,act1 the ,secretary shall establish a research1 development1 demonstration1 commercialization1 and deployment program for purposes of commercialization to improve the efficiency1 increase the durability1 and reduce the cost of producing clean hydrogen using electrolyzers4 7c7 ,goals ,the goals of the program are-- 7#a7 to reduce the cost of hydrogen produced using electrolyzers to less than #b per kilogram of hydrogen by #bjbf2 and 7#b7 any other goals the ,secretary determines are appropriate4 7d7 ,demonstration projects ,in carrying out the program1 the ,secretary shall fund demonstration projects-- 7#a7 to demonstrate technologies that produce clean hydrogen using electrolyzers2 and 7#b7 to validate information on the cost1 efficiency1 durability1 and feasibility of commercial deployment of the technologies described in paragraph 7#a74 7e7 ,focus ,the program shall focus on research relating to1 and the development1 demonstration1 and deployment of-- 7#a7 low-temperature electrolyzers1 including liquid-alkaline electrolyzers1 membrane-based electrolyzers1 and other advanced electrolyzers1 capable of converting intermittent sources of electric power to clean hydrogen with enhanced efficiency and durability2 7#b7 high-temperature electrolyzers that combine electricity and heat to improve the efficiency of clean hydrogen production2 7#c7 advanced reversible fuel cells that combine the functionality of an electrolyzer and a fuel cell2 7#d7 new highly active1 selective1 and durable electrolyzer catalysts and electro-catalysts that-- 7,a7 greatly reduce or eliminate the need for platinum group metals2 and 7,b7 enable electrolysis of complex mixtures with impurities1 including seawater2 7#e7 modular electrolyzers for distributed energy systems and the bulk-power system 7as defined in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a7772 7#f7 low-cost membranes or electrolytes and separation materials that are durable in the presence of impurities or seawater2 7#g7 improved component design and material integration1 including with respect to electrodes1 porous transport layers and bipolar plates1 and balance-of-system components1 to allow for scale-up and domestic manufacturing of electrolyzers at a high volume2 7#h7 clean hydrogen storage technologies2 7#i7 technologies that integrate hydrogen production with-- 7,a7 clean hydrogen compression and drying technologies2 7,b7 clean hydrogen storage2 and 7,c7 transportation or stationary systems2 and 7#aj7 integrated systems that combine hydrogen production with renewable power or nuclear power generation technologies1 including hybrid systems with hydrogen storage4 7f7 ,grants1 contracts1 cooperative agreements 7#a7 ,grants ,in carrying out the program1 the ,secretary shall award grants1 on a competitive basis1 to eligible entities for projects that the ,secretary determines would provide the greatest progress toward achieving the goal of the program described in subsection 7c74 7#b7 ,contracts and cooperative agreements ,in carrying out the program1 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 7b74 7#c7 ,eligibility2 applications 7,a7 ,in general ,the eligibility of an entity to receive a grant under paragraph 7#a71 to enter into a contract or cooperative agreement under paragraph 7#b71 or to receive funding for a demonstration project under subsection 7d7 shall be determined by the ,secretary4 7,b7 ,applications ,an eligible entity desiring to receive a grant under paragraph 7#a71 to enter into a contract or cooperative agreement under paragraph 7#b71 or to receive funding for a demonstration project under subsection 7d7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #a1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 #hag4 ,laboratory management 7a7 ,in general ,the ,national ,energy ,technology ,laboratory1 the ,idaho ,national ,laboratory1 and the ,national ,renewable ,energy ,laboratory shall continue to work in a crosscutting manner to carry out the programs established under sections #hac and #hae4 7b7 ,coordination2 clearinghouse ,in carrying out subsection 7a71 the ,national ,energy ,technology ,laboratory shall-- 7#a7 coordinate with-- 7,a7 the ,idaho ,national ,laboratory1 the ,national ,renewable ,energy ,laboratory1 and other ,national ,laboratories in a cross-cutting manner2 7,b7 institutions of higher education2 7,c7 research institutes2 7,d7 industrial researchers2 and 7,e7 international researchers2 and 7#b7 act as a clearinghouse to collect information from1 and distribute information to1 the ,national ,laboratories and other entities described in subparagraphs 7,b7 through 7,e7 of paragraph 7#a74 4 #caje4 ,clean hydrogen production qualifications 7a7 ,in general ,the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaea et seq47 7as amended by section #cajd7a77 is amended by adding at the end the following3 #hbb4 ,clean hydrogen production qualifications 7a7 ,in general ,not later than #ahj days after the date of enactment of the ,energy ,infrastructure ,act1 the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency and after taking into account input from industry and other stakeholders1 as determined by the ,secretary1 shall develop an initial standard for the carbon intensity of clean hydrogen production that shall apply to activities carried out under this title4 7b7 ,requirements 7#a7 ,in general ,the standard developed under subsection 7a7 shall-- 7,a7 support clean hydrogen production from each source described in section #hje7;e77#b72 7,b7 define the term clean hydrogen to mean hydrogen produced with a carbon intensity equal to or less than #b kilograms of carbon dioxide-equivalent produced at the site of production per kilogram of hydrogen produced2 and 7,c7 take into consideration technological and economic feasibility4 7#b7 ,adjustment ,not later than the date that is #e years after the date on which the ,secretary develops the standard under subsection 7a71 the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency and after taking into account input from industry and other stakeholders1 as determined by the ,secretary1 shall-- 7,a7 determine whether the definition of clean hydrogen required under paragraph 7#a77;,b7 should be adjusted below the standard described in that paragraph2 and 7,b7 if the ,secretary determines the adjustment described in subparagraph 7,a7 is appropriate1 carry out the adjustment4 7c7 ,application ,the standard developed under subsection 7a7 shall apply to clean hydrogen production from renewable1 fossil fuel with carbon capture1 utilization1 and sequestration technologies1 nuclear1 and other fuel sources using any applicable production technology4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eii7 is amended by striking the items relating to sections #hac through #haf and inserting the following3 ,sec4 #hac4 ,regional clean hydrogen hubs4 ,sec4 #had4 ,national clean hydrogen strategy and roadmap4 ,sec4 #hae4 ,clean hydrogen manufacturing and recycling4 ,sec4 #haf4 ,clean hydrogen electrolysis program4 ,sec4 #hag4 ,laboratory management4,sec4 #hah4 ,technology transfer,sec4 #hai4 ,miscellaneous provisions4 ,sec4 #hbj4 ,cost sharing4 ,sec4 #hba4 ,savings clause4 ,sec4 #hbb4 ,clean hydrogen production qualifications4 4 ,c ,nuclear energy infrastructure #cbja4 ,infrastructure planning for micro and small modular nuclear reactors 7a7 ,definitions ,in this section3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor has the meaning given the term in section #iea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7;b774 7#b7 ,isolated community ,the term isolated community has the meaning given the term in section #hjaa7;a7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agcib7;a774 7#c7 ,micro-reactor ,the term micro-reactor means an advanced nuclear reactor that has an electric power production capacity that is not greater than #ej megawatts4 7#d7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#e7 ,small modular reactor ,the term small modular reactor means an advanced nuclear reactor-- 7,a7 with a rated capacity of less than #cjj electrical megawatts2 and 7,b7 that can be constructed and operated in combination with similar reactors at a single site4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,energy and ,commerce and ,science1 ,space1 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 reactors4 7c7 ,elements ,the report required by subsection 7b7 shall address the following3 7#a7 ,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-- 7,a7 the need to provide uninterrupted power to facilities of the ,department for at least #c days during power grid failures2 7,b7 the need for protection against cyber threats and electromagnetic pulses2 and 7,c7 resilience to extreme natural events1 including earthquakes1 volcanic activity1 tornados1 hurricanes1 floods1 tsunamis1 lahars1 landslides1 seiches1 a large quantity of snowfall1 and very low or high temperatures4 7#b7 ,a strategy of the ,department for using nuclear energy to meet resilience and carbon reduction goals of facilities of the ,department4 7#c7 ,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 fuels4 7#d7 ,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 failure4 7#e7 ,the plans of the ,department-- 7,a7 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 #bjbf2 7,b7 for deploying a small modular reactor to produce energy for use by a facility of the ,department in the ,united ,states by #bjbi2 and 7,c7 to include micro-reactors and small modular reactors in the planning for meeting future facility energy needs4 7d7 ,financial and technical assistance for siting micro-reactors1 small modular reactors1 and advanced nuclear reactors 7#a7 ,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-reactors1 small modular reactors1 and advanced nuclear reactors in isolated communities4 7#b7 ,requirement ,prior to providing financial and technical assistance under paragraph 7#a71 the ,secretary shall conduct robust community engagement and outreach for the purpose of identifying levels of interest in isolated communities4 7#c7 ,limitation ,the ,secretary shall not disburse more than #ej percent of the amounts available for financial assistance under this subsection to the ,national ,laboratories4 #cbjb4 ,property interests relating to certain projects and protection of information relating to certain agreements 7a7 ,property interests relating to federally funded advanced nuclear reactor projects 7#a7 ,definitions ,in this section3 7,a7 ,advanced nuclear reactor ,the term advanced nuclear reactor has the meaning given the term in section #iea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7;b774 7,b7 ,property interest 7i7 ,in general ,except as provided in clause 7ii71 the term property interest means any interest in real property or personal property 7as those terms are defined in section #bjj4a of title #b1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act774 7ii7 ,exclusion ,the term property interest does not include any interest in intellectual property developed using funding provided under a project described in paragraph 7#c74 7#b7 ,assignment of property interests ,the ,secretary may assign to any entity1 including the ,united ,states1 fee title or any other property interest acquired by the ,secretary under an agreement entered into with respect to a project described in paragraph 7#c74 7#c7 ,project described ,a project referred to in paragraph 7#b7 is-- 7,a7 a project for which funding is provided pursuant to the funding opportunity announcement of the ,department numbered ,,de-,,foa-#jjjbbga1 including any project for which funding has been provided pursuant to that announcement as of the date of enactment of this ,act2 7,b7 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 ,act1 #bjbj 7,public ,law #aaf-id2 #acc ,stat4 #bfgj72 7,c7 any other project for which ,federal funding is provided under the ,advanced ,reactor ,demonstration ,program of the ,department2 or 7,d7 a project-- 7i7 relating to advanced nuclear reactors2 and 7ii7 for which ,federal funding is provided under a program focused on development and demonstration4 7#d7 ,retroactive vesting ,the vesting of fee title or any other property interest assigned under paragraph 7#b7 shall be retroactive to the date on which the applicable project first received ,federal funding as described in any of subparagraphs 7,a7 through 7,d7 of paragraph 7#c74 7b7 ,considerations in cooperative research and development agreements 7#a7 ,in general ,section #ab7;c77#g77;,b7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a7c77#g77;,b77 is amended-- 7,a7 by inserting 7i7 after 7,b72 7,b7 in clause 7i71 as so designated1 by striking ,the director and inserting ,subject to clause 7ii71 the director2 and 7,c7 by adding at the end the following3 7,,ii7 ,the agency may authorize the director to provide appropriate protections against dissemination described in clause 7i7 for a total period of not more than #cj years if the agency determines that the nature of the information protected against dissemination1 including nuclear technology1 could reasonably require an extended period of that protection to reach commercialization4 4 7#b7 ,applicability 7,a7 ,definition ,in this subsection1 the term cooperative research and development agreement has the meaning given the term in section #ab7;d7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a7d774 7,b7 ,retroactive effect ,clause 7ii7 of section #ab7;c77#g77;,b7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a7c77#g77;,b771 as added by subsection 7a7 of this section1 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 ,act4 7c7 ,department of ,energy contracts ,section #fdf7;g77#e7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbef7;g77#e77 is amended-- 7#a7 by striking 7#e7 ,the ,secretary and inserting the following3 7#e7 ,protection from disclosure 7,a7 ,in general ,the ,secretary 2 and 7#b7 in subparagraph 7,a7 7as so designated7-- 7,a7 by striking 1 for up to #e years after the date on which the information is developed12 and 7,b7 by striking agency4 and inserting the following3 8agency-- 7i7 for up to #e years after the date on which the information is developed2 or 7ii7 for up to #cj years after the date on which the information is developed1 if the ,secretary determines that the nature of the technology under the transaction1 including nuclear technology1 could reasonably require an extended period of protection from disclosure to reach commercialization4 7,b7 ,extension during term ,the ,secretary may extend the period of protection from disclosure during the term of any transaction described in subparagraph 7,a7 in accordance with that subparagraph4 4 #cbjc4 ,civil nuclear credit program 7a7 ,definitions ,in this section3 7#a7 ,certified nuclear reactor ,the term certified nuclear reactor means a nuclear reactor that-- 7,a7 competes in a competitive electricity market2 and 7,b7 is certified under subsection 7c77#b77;,a77i7 to submit a sealed bid in accordance with subsection 7d74 7#b7 ,credit ,the term credit means a credit allocated to a certified nuclear reactor under subsection 7e77#b74 7b7 ,establishment of program ,the ,secretary shall establish a civil nuclear credit program-- 7#a7 to evaluate nuclear reactors that are projected to cease operations due to economic factors2 and 7#b7 to allocate credits to certified nuclear reactors that are selected under paragraph 7#a77;,b7 of subsection 7e7 to receive credits under paragraph 7#b7 of that subsection4 7c7 ,certification 7#a7 ,application 7,a7 ,in general ,in order to be certified under paragraph 7#b77;,a77i71 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 time1 in such manner1 and containing such information as the ,secretary determines to be appropriate1 including-- 7i7 information on the operating costs necessary to make the determination described in paragraph 7#b77;,a77ii77,i71 including-- 7,i7 the average projected annual operating loss in dollars per megawatt-hour1 inclusive of the cost of operational and market risks1 expected to be incurred by the nuclear reactor over the #d-year period for which credits would be allocated2 7,,ii7 any private or publicly available data with respect to current or projected bulk power market prices2 7,,iii7 out-of-market revenue streams2 7,,iv7 operations and maintenance costs2 7,v7 capital costs1 including fuel2 and 7,,vi7 operational and market risks2 7ii7 an estimate of the potential incremental air pollutants that would result if the nuclear reactor were to cease operations2 7iii7 known information on the source of produced uranium and the location where the uranium is converted1 enriched1 and fabricated into fuel assemblies for the nuclear reactor for the #d-year period for which credits would be allocated2 and 7iv7 a detailed plan to sustain operations at the conclusion of the applicable #d-year period for which credits would be allocated-- 7,i7 without receiving additional credits2 or 7,,ii7 with the receipt of additional credits of a lower amount than the credits allocated during that #d-year credit period4 7,b7 ,timeline ,the ,secretary shall accept applications described in subparagraph 7,a7-- 7i7 until the date that is #abj days after the date of enactment of this ,act2 and 7ii7 not less frequently than every year thereafter4 7,c7 ,payments from ,state programs 7i7 ,in general ,the owner or operator of a nuclear reactor that receives a payment from a ,state zero-emission credit1 a ,state clean energy contract1 or any other ,state program with respect to that nuclear reactor shall be eligible to submit an application under subparagraph 7,a7 with respect to that nuclear reactor during any application period beginning after the #abj-;day period beginning on the date of enactment of this ,act4 7ii7 ,requirement ,an application submitted by an owner or operator described in clause 7i7 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 7,a77i77,i71 unless the credits allocated to the nuclear reactor pursuant to that application will be used to reduce those payments4 7#b7 ,determination to certify 7,a7 ,determination 7i7 ,in general ,not later than #fj days after the applicable date under subparagraph 7,b7 of paragraph 7#a71 the ,secretary shall determine whether to certify1 in accordance with clauses 7ii7 and 7iii71 each nuclear reactor for which an application is submitted under subparagraph 7,a7 of that paragraph4 7ii7 ,minimum requirements ,to the maximum extent practicable1 the ,secretary shall only certify a nuclear reactor under clause 7i7 if-- 7,i7 after considering the information submitted under paragraph 7#a77;,a77i71 the ,secretary determines that the nuclear reactor is projected to cease operations due to economic factors2 7,,ii7 after considering the estimate submitted under paragraph 7#a77;,a77ii71 the ,secretary determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation2 and 7,,iii7 the ,nuclear ,regulatory ,commission has reasonable assurance that the nuclear reactor-- 7aa7 will continue to be operated in accordance with the current licensing basis 7as defined in section #ed4c of title #aj1 ,code of ,federal ,regulations 7or successor regulations7 of the nuclear reactor2 and 7bb7 poses no significant safety hazards4 7iii7 ,priority ,in determining whether to certify a nuclear reactor under clause 7i71 the ,secretary shall give priority to a nuclear reactor that uses1 to the maximum extent available1 uranium that is produced1 converted1 enriched1 and fabricated into fuel assemblies in the ,united ,states4 7,b7 ,notice ,for each application received under paragraph 7#a77;,a71 the ,secretary shall provide to the applicable owner or operator1 as applicable-- 7i7 a notice of the certification of the applicable nuclear reactor2 or 7ii7 a notice that describes the reasons why the certification of the applicable nuclear reactor was denied4 7d7 ,bidding process 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall establish a deadline by which each certified nuclear reactor shall submit to the ,secretary a sealed bid that-- 7,a7 describes the price per megawatt-hour of the credits desired by the certified nuclear reactor1 which shall not exceed the average projected annual operating loss described in subsection 7c77#a77;,a77i77,i72 and 7,b7 includes a commitment1 subject to the receipt of credits1 to provide a specific number of megawatt-hours of generation during the #d-year period for which credits would be allocated4 7#b7 ,requirement ,the deadline established under paragraph 7#a7 shall be not later than #cj days after the first date on which the ,secretary has made the determination described in paragraph 7#b77;,a77i7 of subsection 7c7 with respect to each application submitted under paragraph 7#a77;,a7 of that subsection4 7e7 ,allocation 7#a7 ,auction ,notwithstanding section #afi of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbji71 the ,secretary shall-- 7,a7 in consultation with the heads of applicable ,federal agencies1 establish a process for evaluating bids submitted under subsection 7d77#a7 through an auction process2 and 7,b7 select certified nuclear reactors to be allocated credits4 7#b7 ,credits ,subject to subsection 7f77#b71 on selection under paragraph 7#a71 a certified nuclear reactor shall be allocated credits for a #d-year period beginning on the date of the selection4 7#c7 ,requirement ,to the maximum extent practicable1 the ,secretary shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible4 7f7 ,renewal 7#a7 ,in general ,the owner or operator of a certified nuclear reactor may seek to recertify the nuclear reactor in accordance with this section4 7#b7 ,limitation ,notwithstanding any other provision of this section1 the ,secretary may not allocate any credits after ,september #cj1 #bjca4 7g7 ,additional requirements 7#a7 ,audit ,during the #d-year period beginning on the date on which a certified nuclear reactor first receives a credit1 the ,secretary shall periodically audit the certified nuclear reactor4 7#b7 ,recapture ,the ,secretary shall1 by regulation1 provide for the recapture of the allocation of any credit to a certified nuclear reactor that1 during the period described in paragraph 7#a7-- 7,a7 terminates operations2 or 7,b7 does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor4 7#c7 ,confidentiality ,the ,secretary shall establish procedures to ensure that any confidential1 private1 proprietary1 or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used4 7h7 ,report ,not later than ,january #a1 #bjbd1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report with respect to the credits allocated to certified nuclear reactors1 which shall include-- 7#a7 an evaluation of the effectiveness of the credits in avoiding air pollutants while ensuring grid reliability2 7#b7 a quantification of the ratepayer savings achieved under this section2 and 7#c7 any recommendations to renew or expand the credits4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #f1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 ,d ,hydropower #ccja4 ,hydroelectric production incentives ,section #bdb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehha7 is amended-- 7#a7 in subsection 7b77#b71 by striking before the date of the enactment of this section and inserting before the date of enactment of the ,energy ,infrastructure ,act2 7#b7 in the undesignated matter following subsection 7b77#c71 by striking the date of the enactment of this section and inserting the date of enactment of the ,energy ,infrastructure ,act2 7#c7 in subsection 7e77#a71 in the second sentence1 by striking #gej1jjj and inserting #a1jjj1jjj2 and 7#d7 by striking subsection 7g7 and inserting the following3 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #abe1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 4 #ccjb4 ,hydroelectric efficiency improvement incentives 7a7 ,in general ,section #bdc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehhb7 is amended-- 7#a7 in the section heading1 by inserting incentives after improvement2 7#b7 in subsection 7b7-- 7,a7 in the first sentence1 by striking #aj percent and inserting #cj percent2 7,b7 in the second sentence-- 7i7 by striking #gej1jjj and inserting #e1jjj1jjj2 and 7ii7 by inserting in any #a fiscal year before the period at the end2 and 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ge1jjj1jjj for fiscal year #bjbb to remain available until expended4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eie7 is amended by striking the item relating to section #bdc and inserting the following3 #bdc4 ,hydroelectric efficiency improvement incentives4 4 #ccjc4 ,maintaining and enhancing hydroelectricity incentives 7a7 ,in general ,subtitle ,c of title ,,ii of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fgd7 is amended by adding at the end the following3 #bdg4 ,maintaining and enhancing hydroelectricity incentives 7a7 ,definition of qualified hydroelectric facility ,in this section1 the term qualified hydroelectric facility means a hydroelectric project that-- 7#a7 7,a7 is licensed by the ,federal ,energy ,regulatory ,commission2 or 7,b7 is a hydroelectric project constructed1 operated1 or maintained pursuant to a permit or valid existing right-of-way granted prior to ,june #aj1 #aibj1 or a license granted pursuant to the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq472 7#b7 is placed into service before the date of enactment of this section2 and 7#c7 7,a7 is in compliance with all applicable ,federal1 ,tribal1 and ,state requirements2 or 7,b7 would be brought into compliance with the requirements described in subparagraph 7,a7 as a result of the capital improvements carried out using an incentive payment under this section4 7b7 ,incentive payments ,the ,secretary shall make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements directly related to-- 7#a7 improving grid resiliency1 including-- 7,a7 adapting more quickly to changing grid conditions2 7,b7 providing ancillary services 7including black start capabilities1 voltage support1 and spinning reserves72 7,c7 integrating other variable sources of electricity generation2 and 7,d7 managing accumulated reservoir sediments2 7#b7 improving dam safety to ensure acceptable performance under all loading conditions 7including static1 hydrologic1 and seismic conditions71 including-- 7,a7 the maintenance or upgrade of spillways or other appurtenant structures2 7,b7 dam stability improvements1 including erosion repair and enhanced seepage controls2 and 7,c7 upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction2 or 7#c7 environmental improvements1 including-- 7,a7 adding or improving safe and effective fish passage1 including new or upgraded turbine technology1 fish ladders1 fishways1 and all other associated technology1 equipment1 or other fish passage technology to a qualified hydroelectric facility2 7,b7 improving the quality of the water retained or released by a qualified hydroelectric facility2 7,c7 promoting downstream sediment transport processes and habitat maintenance2 and 7,d7 improving recreational access to the project vicinity1 including roads1 trails1 boat ingress and egress1 flows to improve recreation1 and infrastructure that improves river recreation opportunity4 7c7 ,limitations 7#a7 ,costs ,incentive payments under this section shall not exceed #cj percent of the costs of the applicable capital improvement4 7#b7 ,maximum amount ,not more than #a incentive payment may be made under this section with respect to capital improvements at a single qualified hydroelectric facility in any #a fiscal year1 the amount of which shall not exceed #e1jjj1jjj4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #eec1fjj1jjj for fiscal year #bjbb1 to remain available until expended4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eie7 is amended by inserting after the item relating to section #bdf the following3 #bdg4 ,maintaining and enhancing hydroelectricity incentives4 4 #ccjd4 ,pumped storage hydropower wind and solar integration and system reliability initiative ,section #cbja of the ,energy ,policy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb7 is amended-- 7#a7 by redesignating subsections 7e7 through 7g7 as subsections 7f7 through 7h71 respectively2 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,pumped storage hydropower wind and solar integration and system reliability initiative 7#a7 ,definition of eligible entity ,in this subsection1 the term eligible entity means-- 7,a7 7i7 an electric utility1 including-- 7,i7 a political subdivision of a ,state1 such as a municipally owned electric utility2 or 7,,ii7 an instrumentality of a ,state composed of municipally owned electric utilities2 7ii7 an electric cooperative2 or 7iii7 an investor-owned utility2 7,b7 an ,indian ,tribe or ,tribal organization2 7,c7 a ,state energy office2 7,d7 an institution of higher education2 and 7,e7 a consortium of the entities described in subparagraphs 7,a7 through 7,d74 7#b7 ,demonstration project 7,a7 ,in general ,not later than ,september #cj1 #bjbc1 the ,secretary shall1 to the maximum extent practicable1 enter into an agreement with an eligible entity to provide financial assistance to the eligible entity to carry out project design1 transmission studies1 power market assessments1 and permitting for a pumped storage hydropower project to facilitate the long-duration storage of intermittent renewable electricity4 7,b7 ,project requirements ,to be eligible for financial assistance under subparagraph 7,a71 a project shall-- 7i7 be designed to provide not less than #a1jjj megawatts of storage capacity2 7ii7 be able to provide energy and capacity for use in more than #a organized electricity market2 7iii7 be able to store electricity generated by intermittent renewable electricity projects located on ,tribal land2 and 7iv7 have received a preliminary permit from the ,federal ,energy ,regulatory ,commission4 7,c7 ,matching requirement ,an eligible entity receiving financial assistance under subparagraph 7,a7 shall provide matching funds equal to or greater than the amount of financial assistance provided under that subparagraph4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #b1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 #ccje4 ,authority for pumped storage hydropower development using multiple ,bureau of ,reclamation reservoirs ,section #i7;c7 of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe;h7c77 is amended-- 7#a7 in paragraph 7#a71 in the fourth sentence1 by striking 1 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 reservoirs2 and 7#b7 in paragraph 7#h71 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 #i1 #bjac1 and is still pending4 #ccjf4 ,limitations on issuance of certain leases of power privilege 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,hearings and ,appeals4 7#c7 ,office of ,hearings and ,appeals ,the term ,office of ,hearings and ,appeals means the ,office of ,hearings and ,appeals of the ,department of the ,interior4 7#d7 ,party ,the term party1 with respect to a study plan agreement1 means each of the following parties to the study plan agreement3 7,a7 ,the proposed lessee4 7,b7 ,the ,tribes4 7#e7 ,project ,the term project means a proposed pumped storage facility that-- 7,a7 would use multiple ,bureau of ,reclamation reservoirs2 and 7,b7 as of ,june #a1 #bjag1 was subject to a preliminary permit issued by the ,commission pursuant to section #d7;f7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;f774 7#f7 ,proposed lessee ,the term proposed lessee means the proposed lessee of a project4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#h7 ,study plan ,the term study plan means the plan described in subsection 7d77#a74 7#i7 ,study plan agreement ,the term study plan agreement means an agreement entered into under subsection 7b77#a7 and described in subsection 7c74 7#aj7 ,tribes ,the term ,tribes means-- 7,a7 the ,confederated ,tribes of the ,colville ,reservation2 and 7,b7 the ,spokane ,tribe of ,indians of the ,spokane ,reservation4 7b7 ,requirement for issuance of leases of power privilege ,the ,secretary shall not issue a lease of power privilege pursuant to section #i7;c77#a7 of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe;h7c77#a77 7as amended by section #ccje7 for a project unless-- 7#a7 the proposed lessee and the ,tribes have entered into a study plan agreement2 or 7#b7 the ,secretary or the ,director1 as applicable1 makes a final determination for-- 7,a7 a study plan agreement under subsection 7c77#b72 or 7,b7 a study plan under subsection 7d74 7c7 ,study plan agreement requirements 7#a7 ,in general ,a study plan agreement shall-- 7,a7 establish the deadlines for the proposed lessee to formally respond in writing to comments and study requests about the project previously submitted to the ,commission2 7,b7 allow for the parties to submit additional comments and study requests if any aspect of the project1 as proposed1 differs from an aspect of the project1 as described in a preapplication document provided to the ,commission2 7,c7 except as expressly agreed to by the parties or as provided in paragraph 7#b7 or subsection 7d71 require that the proposed lessee conduct each study described in-- 7i7 a study request about the project previously submitted to the ,commission2 or 7ii7 any additional study request submitted in accordance with the study plan agreement2 7,d7 require that the proposed lessee study any potential adverse economic effects of the project on the ,tribes1 including effects on-- 7i7 annual payments to the ,confederated ,tribes of the ,colville ,reservation under section #e7;b7 of the ,confederated ,tribes of the ,colville ,reservation ,grand ,coulee ,dam ,settlement ,act 7,public ,law #ajc-dcf2 #ajh ,stat4 #degi72 and 7ii7 annual payments to the ,spokane ,tribe of ,indians of the ,spokane ,reservation authorized after the date of enactment of this ,act1 the amount of which derives from the annual payments described in clause 7i72 7,e7 establish a protocol for communication and consultation between the parties2 7,f7 provide mechanisms for resolving disputes between the parties regarding implementation and enforcement of the study plan agreement2 and 7,g7 contain other provisions determined to be appropriate by the parties4 7#b7 ,disputes 7,a7 ,in general ,if the parties cannot agree to the terms of a study plan agreement or implementation of those terms1 the parties shall submit to the ,director1 for final determination on the terms or implementation of the study plan agreement1 notice of the dispute1 consistent with paragraph 7#a77;,f71 to the extent the parties have agreed to a study plan agreement4 7,b7 ,inclusion ,a dispute covered by subparagraph 7,a7 may include the view of a proposed lessee that an additional study request submitted in accordance with paragraph 7#a77;,b7 is not reasonably calculated to assist the ,secretary in evaluating the potential impacts of the project4 7,c7 ,timing ,the ,director shall issue a determination regarding a dispute under subparagraph 7,a7 not later than #abj days after the date on which the ,director receives notice of the dispute under that subparagraph4 7d7 ,study plan 7#a7 ,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-- 7,a7 identified in the study plan agreement of the proposed lessee2 or 7,b7 determined by the ,director in a final determination regarding a dispute under subsection 7c77#b74 7#b7 ,initial determination ,not later than #fj days after the date on which the ,secretary receives the study plan under paragraph 7#a71 the ,secretary shall make an initial determination that-- 7,a7 approves the study plan2 7,b7 rejects the study plan on the grounds that the study plan-- 7i7 lacks sufficient detail on a proposed methodology for a study identified in the study plan agreement2 or 7ii7 is inconsistent with the study plan agreement2 or 7,c7 imposes additional study plan requirements that the ,secretary determines are necessary to adequately define the potential effects of the project on-- 7i7 the exercise of the paramount hunting1 fishing1 and boating rights of the ,tribes reserved pursuant to the ,act of ,june #bi1 #aidj 7#ed ,stat4 #gjc1 chapter #dfj2 #af ,u4,s4,c4 #hce;d et seq472 7ii7 the annual payments described in clauses 7i7 and 7ii7 of subsection 7c77#a77;,d72 7iii7 the ,columbia ,basin project 7as defined in section #a of the ,act of ,may #bg1 #aicg 7#ej ,stat4 #bjh1 chapter #bfi2 #eg ,stat4 #ad1 chapter #ad2 #af ,u4,s4,c4 #hce772 7iv7 historic properties and cultural or spiritually significant resources2 and 7v7 the environment4 7#c7 ,objections 7,a7 ,in general ,not later than #cj days after the date on which the ,secretary makes an initial determination under paragraph 7#b71 the ,tribes or the proposed lessee may submit to the ,director an objection to the initial determination4 7,b7 ,final determination ,not later than #abj days after the date on which the ,director receives an objection under subparagraph 7,a71 the ,director shall-- 7i7 hold a hearing on the record regarding the objection2 and 7ii7 make a final determination that establishes the study plan1 including a description of studies the proposed lessee is required to perform4 7#d7 ,no objections ,if no objections are submitted by the deadline described in paragraph 7#c77;,a71 the initial determination of the ,secretary under paragraph 7#b7 shall be final4 7e7 ,conditions of lease 7#a7 ,consistency with rights of ,tribes2 protection1 mitigation1 and enhancement of fish and wildlife 7,a7 ,in general ,any lease of power privilege issued by the ,secretary for a project under subsection 7b7 shall contain conditions-- 7i7 to ensure that the project is consistent with1 and will not interfere with1 the exercise of the paramount hunting1 fishing1 and boating rights of the ,tribes reserved pursuant to the ,act of ,june #bi1 #aidj 7#ed ,stat4 #gjc1 chapter #dfj2 #af ,u4,s4,c4 #hce;d et seq472 and 7ii7 to adequately and equitably protect1 mitigate damages to1 and enhance fish and wildlife1 including related spawning grounds and habitat1 affected by the development1 operation1 and management of the project4 7,b7 ,recommendations of the ,tribes ,the conditions required under subparagraph 7,a7 shall be based on joint recommendations of the ,tribes4 7,c7 ,resolving inconsistencies 7i7 ,in general ,if the ,secretary determines that any recommendation of the ,tribes under subparagraph 7,b7 is not reasonably calculated to ensure the project is consistent with subparagraph 7,a7 or is inconsistent with the requirements of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe et seq471 the ,secretary shall attempt to resolve any such inconsistency with the ,tribes1 giving due weight to the recommendations and expertise of the ,tribes4 7ii7 ,publication of findings ,if1 after an attempt to resolve an inconsistency under clause 7i71 the ,secretary does not adopt in whole or in part a recommendation of the ,tribes under subparagraph 7,b71 the ,secretary shall issue each of the following findings1 including a statement of the basis for each of the findings3 7,i7 ,a finding that adoption of the recommendation is inconsistent with the requirements of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe et seq474 7,,ii7 ,a finding that the conditions selected by the ,secretary to be contained in the lease of power privilege under subparagraph 7,a7 comply with the requirements of clauses 7i7 and 7ii7 of that subparagraph4 7#b7 ,annual charges payable by licensee 7,a7 ,in general ,subject to subparagraph 7,b71 any lease of power privilege issued by the ,secretary for a project under subsection 7b7 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 project4 7,b7 ,agreement 7i7 ,in general ,the amount of the annual charges described in subparagraph 7,a7 shall be established through agreement between the proposed lessee and the ,tribes4 7ii7 ,condition ,the agreement under clause 7i71 including any modification of the agreement1 shall be deemed to be a condition to the lease of power privilege issued by the ,secretary for a project under subsection 7b74 7,c7 ,dispute resolution 7i7 ,in general ,if the proposed lessee and the ,tribes cannot agree to the terms of an agreement under subparagraph 7,b77i71 the proposed lessee and the ,tribes shall submit notice of the dispute to the ,director4 7ii7 ,resolution ,the ,director shall resolve the dispute described in clause 7i7 not later than #ahj days after the date on which the ,director receives notice of the dispute under that clause4 7#c7 ,additional conditions ,the ,secretary may include in any lease of power privilege issued by the ,secretary for a project under subsection 7b7 other conditions determined appropriate by the ,secretary1 on the condition that the conditions shall be consistent with the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe et seq474 7#d7 ,consultation ,in establishing conditions under this subsection1 the ,secretary shall consult with the ,tribes4 7f7 ,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-- 7#a7 at the discretion of the ,secretary or the officer2 or 7#b7 on a showing of good cause by any party4 7g7 ,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 #g of title #e1 ,united ,states ,code4 7h7 ,effect on other projects ,nothing in this section establishes any precedent or is binding on any ,bureau of ,reclamation lease of power privilege1 other than for a project4 ,e ,miscellaneous #cdja4 ,solar energy technologies on current and former mine land ,section #cjjd of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#f7 through 7#ae7 as paragraphs 7#g7 through 7#af71 respectively2 and 7,b7 by inserting after paragraph 7#e7 the following3 7#f7 ,mine land ,the term mine land means-- 7,a7 land subject to titles ,,iv and ,v of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq42 #cj ,u4,s4,c4 #abea et seq472 and 7,b7 land that has been claimed or patented subject to sections #bcai through #bcdd of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #bb et seq474 2 and 7#b7 in subsection 7b77#f77;,b7-- 7,a7 in the matter preceding clause 7i71 by inserting 1 in consultation with the ,secretary of the ,interior and the ,administrator of the ,environmental ,protection ,agency for purposes of clause 7iv71 after the ,secretary2 7,b7 in clause 7iii71 by striking and after the semicolon2 7,c7 by redesignating clause 7iv7 as clause 7v72 and 7,d7 by inserting after clause 7iii7 the following3 7iv7 a description of the technical and economic viability of siting solar energy technologies on current and former mine land1 including necessary interconnection and transmission siting and the impact on local job creation2 and 4 #cdjb4 ,clean energy demonstration program on current and former mine land 7a7 ,definitions ,in this section3 7#a7 ,clean energy project ,the term clean energy project means a project that demonstrates #a or more of the following technologies3 7,a7 ,solar4 7,b7 ,micro-grids4 7,c7 ,geothermal4 7,d7 ,direct air capture4 7,e7 ,fossil-fueled electricity generation with carbon capture1 utilization1 and sequestration4 7,f7 ,energy storage1 including pumped storage hydropower and compressed air storage4 7,g7 ,advanced nuclear technologies4 7#b7 ,economically distressed area ,the term economically distressed area means an area described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7#c7 ,mine land ,the term mine land means-- 7,a7 land subject to titles ,,iv and ,v of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq42 #cj ,u4,s4,c4 #abea et seq472 and 7,b7 land that has been claimed or patented subject to sections #bcai through #bcdd of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #bb et seq474 7#d7 ,program ,the term program means the demonstration program established under subsection 7b74 7b7 ,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 land4 7c7 ,selection of demonstration projects 7#a7 ,in general ,in carrying out the program1 the ,secretary shall select not more than #e clean energy projects1 to be carried out in geographically diverse regions1 at least #b of which shall be solar projects4 7#b7 ,eligibility ,to be eligible to be selected for participation in the program under paragraph 7#a71 a clean energy project shall demonstrate1 as determined by the ,secretary1 a technology on a current or former mine land site with a reasonable expectation of commercial viability4 7#c7 ,priority ,in selecting clean energy projects for participation in the program under paragraph 7#a71 the ,secretary shall prioritize clean energy projects that will-- 7,a7 be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project2 7,b7 provide the greatest net impact in avoiding or reducing greenhouse gas emissions2 7,c7 provide the greatest domestic job creation 7both directly and indirectly7 during the implementation of the clean energy project2 7,d7 provide the greatest job creation and economic development in the vicinity of the clean energy project1 particularly-- 7i7 in economically distressed areas2 and 7ii7 with respect to dislocated workers who were previously employed in manufacturing1 coal power plants1 or coal mining2 7,e7 have the greatest potential for technological innovation and commercial deployment2 7,f7 have the lowest levelized cost of generated or stored energy2 7,g7 have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored2 and 7,h7 have the shortest project time from permitting to completion4 7#d7 ,project selection ,the ,secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the ,secretary of the ,interior1 the ,administrator of the ,environmental ,protection ,agency1 and the ,secretary of ,labor4 7#e7 ,compatibility with existing operations ,prior to selecting a clean energy project for participation in the program under paragraph 7#a71 the ,secretary shall consult with1 as applicable1 mining claimholders or operators or the relevant ,office of ,surface ,mining ,reclamation and ,enforcement ,abandoned ,mine ,land program office to confirm-- 7,a7 that the proposed project is compatible with any current mining1 exploration1 or reclamation activities2 and 7,b7 the valid existing rights of any mining claimholders or operators4 7d7 ,consultation ,the ,secretary shall consult with the ,director of the ,office of ,surface ,mining ,reclamation and ,enforcement and the ,administrator of the ,environmental ,protection ,agency1 acting through the ,office of ,brownfields and ,land ,revitalization1 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 sites4 7e7 ,technical assistance ,the ,secretary shall provide technical assistance to project applicants selected for participation in the program under subsection 7c7 to assess the needed interconnection1 transmission1 and other grid components and permitting and siting necessary to interconnect1 on current and former mine land where the project will be sited1 any generation or storage with the electric grid4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #cdjc4 ,leases1 easements1 and rights-of-way for energy and related purposes on the outer ,continental ,shelf ,section #h7p77#a77;,c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77;,c77 is amended by inserting storage1 before or transmission4 ,,iv ,enabling energy infrastructure investment and data collection ,a ,department of ,energy loan program #djja4 ,department of ,energy loan programs 7a7 ,title ,,xvii innovative energy loan guarantee program 7#a7 ,reasonable prospect of repayment ,section #agjb7;d77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7;d77#a77 is amended-- 7,a7 by striking the paragraph designation and heading and all that follows through ,no guarantee and inserting the following3 7#a7 ,requirement 7,a7 ,in general ,no guarantee 2 and 7,b7 by adding at the end the following3 7,b7 ,reasonable prospect of repayment ,the ,secretary shall base a determination of whether there is reasonable prospect of repayment under subparagraph 7,a7 on a comprehensive evaluation of whether the borrower has a reasonable prospect of repaying the guaranteed obligation for the eligible project1 including1 as applicable1 an evaluation of-- 7i7 the strength of the contractual terms of the eligible project 7if commercially reasonably available72 7ii7 the forecast of noncontractual cash flows supported by market projections from reputable sources1 as determined by the ,secretary2 7iii7 cash sweeps and other structure enhancements2 7iv7 the projected financial strength of the borrower-- 7,i7 at the time of loan close2 and 7,,ii7 throughout the loan term after the project is completed2 7v7 the financial strength of the investors and strategic partners of the borrower1 if applicable2 and 7vi7 other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies1 as determined appropriate by the ,secretary4 4 7#b7 ,loan guarantees for projects that increase the domestically produced supply of critical minerals 7,a7 ,in general ,section #agjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7;b77 is amended by adding at the end the following3 7#ac7 ,projects that increase the domestically produced supply of critical minerals 7as defined in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a771 including through the production1 processing1 manufacturing1 recycling1 or fabrication of mineral alternatives4 4 7,b7 ,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 7#ac7 of section #agjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7;b774 7,c7 ,prohibition on use of previously available commitment authority ,amounts made available to the ,department of ,energy for commitments to guarantee loans under section #agjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7 before the date of enactment of this ,act shall not be made available for commitments to guarantee loans for projects described in paragraph 7#ac7 of section #agjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7;b774 7#c7 ,conflicts of interest ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended by adding at the end the following3 7r7 ,conflicts of interest ,for each project selected for a guarantee under this title1 the ,secretary shall certify that political influence did not impact the selection of the project4 4 7b7 ,advanced technology vehicle manufacturing 7#a7 ,eligibility ,section #acf7;a77#a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;a77#a77 is amended-- 7,a7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 7,b7 by redesignating subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 and indenting appropriately2 7,c7 in the matter preceding clause 7i7 7as so redesignated71 by striking means an ultra and inserting the following3 means-- 7,a7 an ultra 2 and 7,d7 by adding at the end the following3 7,b7 a medium duty vehicle or a heavy duty vehicle that exceeds #abe 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 #b 7#ha ,fed4 ,reg4 #gcdgh 7,october #be1 #bjaf772 7,c7 a train or locomotive2 7,d7 a maritime vessel2 7,e7 an aircraft2 and 7,f7 hyperloop technology4 4 7#b7 ,reasonable prospect of repayment ,section #acf7;d7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;d77 is amended-- 7,a7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,selection of eligible projects 7,a7 ,in general ,the ,secretary shall select eligible projects to receive loans under this subsection if the ,secretary determines that-- 7i7 the loan recipient-- 7,i7 has a reasonable prospect of repaying the principal and interest on the loan2 7,,ii7 will provide sufficient information to the ,secretary for the ,secretary to ensure that the qualified investment is expended efficiently and effectively2 and 7,,iii7 has met such other criteria as may be established and published by the ,secretary2 and 7ii7 the amount of the loan 7when combined with amounts available to the loan recipient from other sources7 will be sufficient to carry out the project4 7,b7 ,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 7,a77i77,i7 on a comprehensive evaluation of whether the loan recipient has a reasonable prospect of repaying the principal and interest1 including1 as applicable1 an evaluation of-- 7i7 the strength of the contractual terms of the eligible project 7if commercially reasonably available72 7ii7 the forecast of noncontractual cash flows supported by market projections from reputable sources1 as determined by the ,secretary2 7iii7 cash sweeps and other structure enhancements2 7iv7 the projected financial strength of the loan recipient-- 7,i7 at the time of loan close2 and 7,,ii7 throughout the loan term after the project is completed2 7v7 the financial strength of the investors and strategic partners of the loan recipient1 if applicable2 and 7vi7 other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies1 as determined appropriate by the ,secretary4 2 and 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,c71 by striking and after the semicolon2 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,e7 shall be subject to the condition that the loan is not subordinate to other financing4 4 7#c7 ,additional reforms ,section #acf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7 is amended-- 7,a7 in subsection 7b7 by striking ultra efficient vehicle manufacturers1 and component suppliers and inserting ultra efficient vehicle manufacturers1 advanced technology vehicle manufacturers1 and component suppliers2 7,b7 in subsection 7h7-- 7i7 in the subsection heading1 by striking ,automobile and inserting ,advanced technology vehicle2 and 7ii7 in paragraph 7#a77;,b71 by striking automobiles1 or components of automobiles and inserting advanced technology vehicles1 or components of advanced technology vehicles2 7,c7 by striking subsection 7i72 7,d7 by redesignating subsection 7j7 as subsection 7i72 and 7,e7 by adding at the end the following3 7j7 ,coordination ,in carrying out this section1 the ,secretary shall coordinate with relevant vehicle1 bioenergy1 and hydrogen and fuel cell demonstration project activities supported by the ,department4 7k7 ,outreach ,in carrying out this section1 the ,secretary shall-- 7#a7 provide assistance with the completion of applications for awards or loans under this section2 and 7#b7 conduct outreach1 including through conferences and online programs1 to disseminate information on awards and loans under this section to potential applicants4 7l7 ,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 7b7 or loans under subsection 7d7 for the costs of activities that were not eligible for those awards or loans on the day before that date4 7m7 ,report ,not later than #b years after the date of enactment of this subsection1 and every #c years thereafter1 the ,secretary shall submit to ,congress a report on the status of projects supported by a loan under this section1 including-- 7#a7 a list of projects receiving a loan under this section1 including the loan amount and construction status of each project2 7#b7 the status of the loan repayment for each project1 including future repayment projections2 7#c7 data regarding the number of direct and indirect jobs retained1 restored1 or created by financed projects2 7#d7 the number of new projects projected to receive a loan under this section in the next #b years1 including the projected aggregate loan amount over the next #b years2 7#e7 evaluation of ongoing compliance with the assurances and commitments1 and of the predictions1 made by applicants pursuant to paragraphs 7#b7 and 7#c7 of subsection 7d72 7#f7 the total number of applications received by the ,department each year2 and 7#g7 any other metrics the ,secretary determines appropriate4 4 7#d7 ,conflicts of interest ,section #acf7;d7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;d77 is amended by adding at the end the following3 7#e7 ,conflicts of interest ,for each eligible project selected to receive a loan under this subsection1 the ,secretary shall certify that political influence did not impact the selection of the eligible project4 4 7c7 ,state loan eligibility 7#a7 ,definitions ,section #agja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa7 is amended by adding at the end the following3 7#f7 ,state ,the term ,state has the meaning given the term in section #bjb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjb74 7#g7 ,state energy financing institution 7,a7 ,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-- 7i7 to provide financing support or credit enhancements1 including loan guarantees and loan loss reserves1 for eligible projects2 and 7ii7 to create liquid markets for eligible projects1 including warehousing and securitization1 or take other steps to reduce financial barriers to the deployment of existing and new eligible projects4 7,b7 ,inclusion ,the term ,state energy financing institution includes an entity or organization established to achieve the purposes described in clauses 7i7 and 7ii7 of subparagraph 7,a7 by an ,indian ,tribal entity or an ,alaska ,native ,corporation4 4 7#b7 ,terms and conditions ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended-- 7,a7 in subsection 7a71 by inserting 1 including projects receiving financial support or credit enhancements from a ,state energy financing institution1 after for projects2 7,b7 in subsection 7d77#a71 by inserting 1 including a guarantee for a project receiving financial support or credit enhancements from a ,state energy financing institution1 after ,no guarantee2 and 7,c7 by adding at the end the following3 7r7 ,state energy financing institutions 7#a7 ,eligibility ,to be eligible for a guarantee under this title1 a project receiving financial support or credit enhancements from a ,state energy financing institution-- 7,a7 shall meet the requirements of section #agjc7;a77#a72 and 7,b7 shall not be required to meet the requirements of section #agjc7;a77#b74 7#b7 ,partnerships authorized ,in carrying out a project receiving a loan guarantee under this title1 ,state energy financing institutions may enter into partnerships with private entities1 ,tribal entities1 and ,alaska ,native corporations4 7#c7 ,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 subsection4 4 7d7 ,loan guarantees for certain ,alaska natural gas transportation projects and systems ,section #aaf of the ,alaska ,natural ,gas ,pipeline ,act 7#ae ,u4,s4,c4 #gbjn7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking to ,west ,coast ,states2 and 7,b7 in paragraph 7#c71 in the second sentence1 by striking to the continental ,united ,states2 7#b7 in subsection 7b77#a71 in the first sentence1 by striking to ,west ,coast ,states2 and 7#c7 in subsection 7g77#d7-- 7,a7 by inserting by striking plants liquification plants and and inserting plants1 liquification plants1 and2 7,b7 by striking to the ,west ,coast2 and 7,c7 by striking to the continental ,united ,states4 ,b ,energy ,information ,administration #daja4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,energy ,information ,administration4 7#b7 ,annual critical minerals outlook ,the term ,annual ,critical ,minerals ,outlook means the ,annual ,critical ,minerals ,outlook prepared under section #gjjb7;j77#a77;,b7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;j77#a77;,b774 7#c7 ,critical mineral ,the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7#d7 ,household energy burden ,the term household energy burden means the quotient obtained by dividing-- 7,a7 the residential energy expenditures 7as defined in section #ddj4c of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act77 of the applicable household2 by 7,b7 the annual income of that household4 7#e7 ,household with a high energy burden ,the term household with a high energy burden has the meaning given the term in section #ddj4c of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#f7 ,large manufacturing facility ,the term large manufacturing facility means a manufacturing facility that-- 7,a7 annually consumes more than #ce1jjj megawatt-hours of electricity2 or 7,b7 has a peak power demand of more than #aj megawatts4 7#g7 ,load-serving entity ,the term load-serving entity has the meaning given the term in section #bag7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdq7a774 7#h7 ,miscellaneous electric load ,the term miscellaneous electric load means electricity that-- 7,a7 is used by an appliance or device-- 7i7 within a building2 or 7ii7 to serve a building2 and 7,b7 is not used for heating1 ventilation1 air conditioning1 lighting1 water heating1 or refrigeration4 7#i7 ,regional transmission organization ,the term ,regional ,transmission ,organization has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#aj7 ,rural area ,the term rural area has the meaning given the term in section #fji7;a7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#g ,u4,s4,c4 #iah;c7a774 #dajb4 ,data collection in the electricity sector 7a7 ,dashboard 7#a7 ,establishment 7,a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall establish an online database to track the operation of the bulk power system in the contiguous #dh ,states 7referred to in this section as the ,dashboard74 7,b7 ,improvement of existing dashboard ,the ,dashboard may be established through the improvement1 in accordance with this subsection1 of an existing dashboard of the ,energy ,information ,administration1 such as-- 7i7 the ,u4,s4 ,electric ,system ,operating ,data dashboard2 or 7ii7 the ,hourly ,electric ,grid ,monitor4 7#b7 ,expansion 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall expand the ,dashboard to include1 to the maximum extent practicable1 hourly operating data collected from the electricity balancing authorities that operate the bulk power system in all of the several ,states1 each territory of the ,united ,states1 and the ,district of ,columbia4 7,b7 ,types of data ,the hourly operating data collected under subparagraph 7,a7 may include data relating to-- 7i7 total electricity demand2 7ii7 electricity demand by subregion2 7iii7 short-term electricity demand forecasts2 7iv7 total electricity generation2 7v7 net electricity generation by fuel type1 including renewables2 7vi7 electricity stored and discharged2 7vii7 total net electricity interchange2 7viii7 electricity interchange with directly interconnected balancing authorities2 and 7ix7 where available1 the estimated marginal greenhouse gas emissions per megawatt hour of electricity generated-- 7,i7 within the metered boundaries of each balancing authority2 and 7,,ii7 for each pricing node4 7b7 ,mix of energy sources 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall establish1 in accordance with section #daji and this subsection and to the extent the ,administrator determines to be appropriate1 a system to harmonize the operating data on electricity generation collected under subsection 7a7 with-- 7,a7 measurements of greenhouse gas and other pollutant emissions collected by the ,environmental ,protection ,agency2 7,b7 other data collected by the ,environmental ,protection ,agency or other relevant ,federal agencies1 as the ,administrator determines to be appropriate2 and 7,c7 data collected by ,state or regional energy credit registries4 7#b7 ,outcomes ,the system established under paragraph 7#a7 shall result in an integrated dataset that includes1 for any given time-- 7,a7 the net generation of electricity by megawatt hour within the metered boundaries of each balancing authority2 and 7,b7 where available1 the average and marginal greenhouse gas emissions by megawatt hour of electricity generated within the metered boundaries of each balancing authority4 7#c7 ,real-time data dissemination ,to the maximum extent practicable1 the system established under paragraph 7#a7 shall disseminate data-- 7,a7 on a real-time basis2 and 7,b7 through an application programming interface that is publicly accessible4 7#d7 ,complementary efforts ,the system established under paragraph 7#a7 shall complement any existing data dissemination efforts of the ,administrator that make use of electricity generation data1 such as electricity demand by subregion and electricity interchange with directly interconnected balancing authorities4 7c7 ,observed characteristics of bulk power system resource integration 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 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 ,states1 and the observed effects of that integration4 7#b7 ,requirements ,in carrying out paragraph 7#a71 the ,administrator shall seek to improve the temporal and spatial resolution of data relating to how grid operations are changing1 such as through-- 7,a7 thermal generator cycling to accommodate intermittent generation2 7,b7 generation unit self-scheduling practices2 7,c7 renewable source curtailment2 7,d7 utility-scale storage2 7,e7 load response2 7,f7 aggregations of distributed energy resources at the distribution system level2 7,g7 power interchange between directly connected balancing authorities2 7,h7 expanding ,regional ,transmission ,organization balancing authorities2 7,i7 improvements in real-time-- 7i7 accuracy of locational marginal prices2 and 7ii7 signals to flexible demand2 and 7,j7 disruptions to grid operations1 including disruptions caused by cyber sources1 physical sources1 extreme weather events1 or other sources4 7d7 ,distribution system operations 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 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 ,states4 7#b7 ,requirements 7,a7 ,in general ,in carrying out paragraph 7#a71 the ,administrator shall-- 7i7 not less frequently than annually1 provide data on-- 7,i7 the delivered generation resource mix for each load-serving entity2 and 7,,ii7 the distributed energy resources operating within each service area of a load-serving entity2 7ii7 harmonize the data on delivered generation resource mix described in clause 7i77,i7 with measurements of greenhouse gas emissions collected by the ,environmental ,protection ,agency2 7iii7 to the maximum extent practicable1 disseminate the data described in clause 7i77,i7 and the harmonized data described in clause 7ii7 on a real-time basis2 and 7iv7 provide historical data1 beginning with the earliest calendar year practicable1 but not later than calendar year #bjbj1 on the delivered generation resource mix described in clause 7i77,i74 7,b7 ,data on the delivered generation resource mix ,in collecting the data described in subparagraph 7,a77i77,i71 the ,administrator shall-- 7i7 use existing voluntary industry methodologies1 including reporting protocols1 databases1 and emissions and energy use tracking software that provide consistent1 timely1 and accessible carbon emissions intensity rates for delivered electricity2 7ii7 consider that generation and transmission entities may provide data on behalf of load-serving entities2 7iii7 to the extent that the ,administrator determines necessary1 and in a manner designed to protect confidential information1 require each load-serving entity to submit additional information as needed to determine the delivered generation resource mix of the load-serving entity1 including financial or contractual agreements for power and generation resource type attributes with respect to power owned by or retired by the load-serving entity2 and 7iv7 for any portion of the generation resource mix of a load-serving entity that is otherwise unaccounted for1 develop a methodology to assign to the load-serving entity a share of the otherwise unaccounted for resource mix of the relevant balancing authority4 #dajc4 ,expansion of energy consumption surveys 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall implement measures to expand the ,manufacturing ,energy ,consumption ,survey1 the ,commercial ,building ,energy ,consumption ,survey1 and the ,residential ,energy ,consumption ,survey to include data on energy end use in order to facilitate the identification of-- 7#a7 opportunities to improve energy efficiency and energy productivity2 7#b7 changing patterns of energy use2 and 7#c7 opportunities to better understand and manage miscellaneous electric loads4 7b7 ,requirements 7#a7 ,in general ,in carrying out subsection 7a71 the ,administrator shall-- 7,a7 increase the scope and frequency of data collection on energy end uses and services2 7,b7 use new data collection methods and tools in order to obtain more comprehensive data and reduce the burden on survey respondents1 including by-- 7i7 accessing other existing data sources2 and 7ii7 if feasible1 developing online and real-time reporting systems2 7,c7 identify and report community-level economic and environmental impacts1 including with respect to-- 7i7 the reliability and security of the energy supply2 and 7ii7 local areas with households with a high energy burden2 and 7,d7 improve the presentation of data1 including by-- 7i7 enabling the presentation of data in an interactive cartographic format on a national1 regional1 ,state1 and local level with the functionality of viewing various economic1 energy1 and demographic measures on an individual basis or in combination2 and 7ii7 incorporating the results of the data collection1 methods1 and tools described in subparagraphs 7,a7 and 7,b7 into existing and new digital distribution methods4 7#b7 ,manufacturing energy consumption survey ,with respect to the ,manufacturing ,energy ,consumption ,survey1 the ,administrator shall-- 7,a7 implement measures to provide more detailed representations of data by region2 7,b7 for large manufacturing facilities1 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 improvements2 7,c7 collect information on-- 7i7 energy source-switching capabilities1 especially with respect to thermal processes and the efficiency of thermal processes2 7ii7 the use of electricity1 biofuels1 hydrogen1 or other alternative fuels to produce process heat2 and 7iii7 the use of demand response2 and 7,d7 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 manufacturing1 such as-- 7i7 hydrogen generation1 production1 transport1 use1 and storage infrastructure2 and 7ii7 carbon dioxide capture1 transport1 use1 and storage infrastructure4 7#c7 ,residential energy consumption survey ,with respect to the ,residential ,energy ,consumption ,survey1 the ,administrator shall-- 7,a7 implement measures to provide more detailed representations of data by-- 7i7 geographic area1 including by ,state 7for each ,state72 7ii7 building type1 including multi-family buildings2 7iii7 household income2 7iv7 location in a rural area2 and 7v7 other demographic characteristics1 as determined by the ,administrator2 and 7,b7 report measures of-- 7i7 household electrical service capacity2 7ii7 access to utility demand-side management programs and bill credits2 7iii7 characteristics of the energy mix used to generate electricity in different regions2 and 7iv7 the household energy burden for households-- 7,i7 in different geographic areas2 7,,ii7 by electricity1 heating1 and other end-uses2 and 7,,iii7 with different demographic characteristics that correlate with increased household energy burden1 including-- 7aa7 having a low household income2 7bb7 being a minority household2 7cc7 residing in manufactured or multifamily housing2 7dd7 being in a fixed or retirement income household2 7ee7 residing in rental housing2 and 7ff7 other factors1 as determined by the ,administrator4 #dajd4 ,data collection on electric vehicle integration with the electricity grids 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall develop and implement measures to expand data collection with respect to electric vehicle integration with the electricity grids4 7b7 ,sources of data ,the sources of the data collected pursuant to subsection 7a7 may include-- 7#a7 host-owned or charging-network-owned electric vehicle charging stations2 7#b7 aggregators of charging-network electricity demand2 7#c7 electric utilities offering managed-charging programs2 7#d7 individual1 corporate1 or public owners of electric vehicles2 and 7#e7 balancing authority analyses of-- 7,a7 transformer loading congestion2 and 7,b7 distribution-system congestion4 7c7 ,consultation and coordination ,in carrying out subsection 7a71 the ,administrator may consult and enter into agreements with other institutions having relevant data and data collection capabilities1 such as-- 7#a7 the ,secretary of ,transportation2 7#b7 the ,secretary2 7#c7 the ,administrator of the ,environmental ,protection ,agency2 7#d7 ,states or ,state agencies2 and 7#e7 private entities4 #daje4 ,plan for the modeling and forecasting of demand for minerals used in the energy sector 7a7 ,plan 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator1 in coordination with the ,director of the ,united ,states ,geological ,survey1 shall develop a plan for the modeling and forecasting of demand for energy technologies1 including for energy production1 transmission1 or storage purposes1 that use minerals that are or could be designated as critical minerals4 7#b7 ,inclusions ,the plan developed under paragraph 7#a7 shall identify-- 7,a7 the type and quantity of minerals consumed1 delineated by energy technology2 7,b7 existing markets for manufactured energy-producing1 energy-transmission1 and energy-storing equipment2 and 7,c7 emerging or potential markets for new energy-producing1 energy-transmission1 and energy-storing technologies entering commercialization4 7b7 ,metrics ,the plan developed under subsection 7a77#a7 shall produce forecasts of energy technology demand-- 7#a7 over the #a-year1 #e-year1 and #aj-year periods beginning on the date on which development of the plan is completed2 7#b7 by economic sector2 and 7#c7 according to any other parameters that the ,administrator1 in collaboration with the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,geological ,survey1 determines are needed for the ,annual ,critical ,minerals ,outlook4 7c7 ,collaboration ,the ,administrator shall develop the plan under subsection 7a77#a7 in consultation with-- 7#a7 the ,secretary with respect to the possible trajectories of emerging energy-producing and energy-storing technologies2 and 7#b7 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,geological ,survey-- 7,a7 to ensure coordination2 7,b7 to avoid duplicative effort2 and 7,c7 to align the analysis of demand with data and analysis of where the minerals are produced1 refined1 and subsequently processed into materials and parts that are used to build energy technologies4 #dajf4 ,expansion of international energy data 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall implement measures to expand and improve the international energy data resources of the ,energy ,information ,administration in order to understand-- 7#a7 the production and use of energy in various countries2 7#b7 changing patterns of energy use internationally2 7#c7 the relative costs and environmental impacts of energy production and use internationally2 and 7#d7 plans for or construction of major energy facilities or infrastructure4 7b7 ,requirements ,in carrying out subsection 7a71 the ,administrator shall-- 7#a7 work with1 and leverage the data resources of1 the ,international ,energy ,agency2 7#b7 include detail on energy consumption by fuel1 economic sector1 and end use within countries for which data are available2 7#c7 collect relevant measures of energy use1 including-- 7,a7 cost2 and 7,b7 emissions intensity2 and 7#d7 provide tools that allow for straightforward country-to-country comparisons of energy production and consumption across economic sectors and end uses4 #dajg4 ,plan for the ,national ,energy ,modeling ,system ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall develop a plan to identify any need or opportunity to update or further the capabilities of the ,national ,energy ,modeling ,system1 including with respect to-- 7#a7 treating energy demand endogenously2 7#b7 increased natural gas usage and increased market penetration of renewable energy2 7#c7 flexible operating modes of nuclear power plants1 such as load following and frequency control2 7#d7 tools to model multiple-output energy systems that provide hydrogen1 high-value heat1 electricity1 and chemical synthesis services1 including interactions of those energy systems with the electricity grids1 pipeline networks1 and the broader economy2 7#e7 demand response and improved representation of energy storage1 including long-duration storage1 in capacity expansion models2 7#f7 electrification1 particularly with respect to the transportation1 industrial1 and buildings sectors2 7#g7 increasing model resolution to represent all hours of the year and all electricity generators2 7#h7 wholesale electricity market design and the appropriate valuation of all services that support the reliability of electricity grids1 such as-- 7,a7 battery storage2 and 7,b7 synthetic inertia from grid-tied inverters2 7#i7 economic modeling of the role of energy efficiency1 demand response1 electricity storage1 and a variety of distributed generation technologies2 7#aj7 the production1 transport1 use1 and storage of carbon dioxide1 hydrogen1 and hydrogen carriers2 7#aa7 greater flexibility in-- 7,a7 the modeling of the environmental impacts of electricity systems1 such as-- 7i7 emissions of greenhouse gases and other pollutants2 and 7ii7 the use of land and water resources2 and 7,b7 the ability to support climate modeling1 such as the climate modeling performed by the ,office of ,biological and ,environmental ,research in the ,office of ,science of the ,department2 7#ab7 technologies that are in an early stage of commercial deployment and have been identified by the ,secretary as candidates for large-scale demonstration projects1 such as-- 7,a7 carbon capture1 transport1 use1 and storage from any source or economic sector2 7,b7 direct air capture2 7,c7 hydrogen production1 including via electrolysis2 7,d7 synthetic and biogenic hydrocarbon liquid and gaseous fuels2 7,e7 supercritical carbon dioxide combustion turbines2 7,f7 industrial fuel cell and hydrogen combustion equipment2 and 7,g7 industrial electric boilers2 7#ac7 increased and improved data sources and tools1 including-- 7,a7 the establishment of technology and cost baselines1 including technology learning rates2 7,b7 economic and employment impacts of energy system policies and energy prices on households1 as a function of household income and region2 and 7,c7 the use of behavioral economics to inform demand modeling in all sectors2 and 7#ad7 striving to migrate toward a single1 consistent1 and open-source modeling platform1 and increasing open access to model systems1 data1 and outcomes1 for-- 7,a7 disseminating reference scenarios that can be transparently and broadly replicated2 and 7,b7 promoting the development of the researcher and analyst workforce needed to continue the development and validation of improved energy system models in the future4 #dajh4 ,report on costs of carbon abatement in the electricity sector ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report on-- 7#a7 the potential use of levelized cost of carbon abatement or a similar metric in analyzing generators of electricity1 including an identification of limitations and appropriate uses of the metric2 7#b7 the feasibility and impact of incorporating levelized cost of carbon abatement in long-term forecasts-- 7,a7 to compare technical approaches and understand real-time changes in fossil-fuel and nuclear dispatch2 7,b7 to compare the system-level costs of technology options to reduce emissions2 and 7,c7 to compare the costs of policy options1 including current policies1 regarding valid and verifiable reductions and removals of carbon2 and 7#c7 7,a7 a potential process to measure carbon dioxide emissions intensity per unit of output production for a range of-- 7i7 energy sources2 7ii7 sectors2 and 7iii7 geographic regions2 and 7,b7 a corresponding process to provide an empirical framework for reporting the status and costs of carbon dioxide reduction relative to specified goals4 #daji4 ,harmonization of efforts and data ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall establish a system to harmonize1 to the maximum extent practicable and consistent with data integrity-- 7#a7 the data collection efforts of the ,administrator1 including any data collection required under this subtitle1 with the data collection efforts of-- 7,a7 the ,environmental ,protection ,agency1 as the ,administrator determines to be appropriate2 7,b7 other relevant ,federal agencies1 as the ,administrator determines to be appropriate2 and 7,c7 ,state or regional energy credit registries1 as the ,administrator determines to be appropriate2 7#b7 the data collected under this subtitle1 including the operating data on electricity generation collected under section #dajb7;a71 with data collected by the entities described in subparagraphs 7,a7 through 7,c7 of paragraph 7#a71 including any measurements of greenhouse gas and other pollutant emissions collected by the ,environmental ,protection ,agency1 as the ,administrator determines to be appropriate2 and 7#c7 the efforts of the ,administrator to identify and report relevant impacts1 opportunities1 and patterns with respect to energy use1 including the identification of community-level economic and environmental impacts required under section #dajc7;b77#a77;,c71 with the efforts of the ,environmental ,protection ,agency and other relevant ,federal agencies1 as determined by the ,administrator1 to identify similar impacts1 opportunities1 and patterns4 ,c ,miscellaneous #dbja4 ,consideration of measures to promote greater electrification of the transportation sector 7a7 ,in general ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 7as amended by section #ajjd7;a77#a77 is amended by adding at the end the following3 7#ba7 ,electric vehicle charging programs ,each ,state shall consider measures to promote greater electrification of the transportation sector1 including the establishment of rates that-- 7,a7 promote affordable and equitable electric vehicle charging options for residential1 commercial1 and public electric vehicle charging infrastructure2 7,b7 improve the customer experience associated with electric vehicle charging1 including by reducing charging times for light-1 medium-1 and heavy-duty vehicles2 7,c7 accelerate third-party investment in electric vehicle charging for light-1 medium-1 and heavy-duty vehicles2 and 7,d7 appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure4 4 7b7 ,compliance 7#a7 ,time limitation ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 7as amended by section #ajjd7;a77#b77;,a77 is amended by adding at the end the following3 7#h7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority7 and each nonregulated utility shall commence consideration under section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority71 and each nonregulated electric utility shall complete the consideration and make the determination under section #aaa with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 4 7#b7 ,failure to comply ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 7as amended by section #ajjd7;a77#b77;,b77i77 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#ba7 of section #aaa7;d71 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 7#ba744 7#c7 ,prior state actions 7,a7 ,in general ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 7as amended by section #ajjd7;a77#b77;,c77i77 is amended by adding at the end the following3 7h7 ,other prior ,state actions ,subsections 7b7 and 7c7 shall not apply to the standard established by paragraph 7#ba7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the date of enactment of this subsection-- 7#a7 the ,state has implemented for the electric utility the standard 7or a comparable standard72 7#b7 the ,state regulatory authority for the ,state or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard 7or a comparable standard7 for the electric utility2 or 7#c7 the ,state legislature has voted on the implementation of the standard 7or a comparable standard7 for the electric utility during the #c-year period ending on that date of enactment4 4 7,b7 ,cross-reference ,section #abd of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfcd7 7as amended by section #ajjd7;a77#b77;,c77ii77,,ii77 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#ba7 of section #aaa7;d71 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 7#ba744 #dbjb4 ,office of public participation ,section #cai of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbeq-#a7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,a71 by striking the third sentence2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking the third sentence and inserting the following3 ,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 #echb of title #e1 ,united ,states ,code42 and 7ii7 by striking the first sentence2 and 7#b7 in subsection 7b71 by striking paragraph 7#d74 #dbjc4 ,digital climate solutions report 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with appropriate ,federal agencies and relevant stakeholders1 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 solutions1 including-- 7#a7 artificial intelligence and machine learning2 7#b7 blockchain technologies and distributed ledgers2 7#c7 crowdsourcing platforms2 7#d7 the ,internet of ,things2 7#e7 distributed computing for the grid2 and 7#f7 software and systems4 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 as practicable1 a full inventory and assessment of digital climate solutions2 7#b7 an analysis of how the private sector can utilize the digital tools and platforms included in the inventory under paragraph 7#a7 to accelerate digital climate solutions2 and 7#c7 a summary of opportunities to enhance the standardization of voluntary and regulatory climate disclosure protocols1 including enabling the data to be disseminated through an application programming interface that is accessible to the public4 #dbjd4 ,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 7a7 ,definition of ,executive ,order ,in this section1 the term ,executive ,order means ,executive ,order #aciij 7#hf ,fed4 ,reg4 #gjcg2 relating to protecting public health and the environment and restoring science to tackle the climate crisis74 7b7 ,study and ,report ,the ,secretary shall-- 7#a7 conduct a study to estimate-- 7,a7 the total number of jobs that were lost as a direct or indirect result of section #f of the ,executive ,order over the #aj-year period beginning on the date on which the ,executive ,order was issued2 and 7,b7 the impact on consumer energy costs that are projected to result as a direct or indirect result of section #f of the ,executive ,order over the #aj-year period beginning on the date on which the ,executive ,order was issued2 and 7#b7 not later than #ij days after the date of enactment of this ,act1 submit to ,congress a report describing the findings of the study conducted under paragraph 7#a74 #dbje4 ,study on impact of electric vehicles ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall conduct1 and submit to ,congress a report describing the results of1 a study on the cradle to grave environmental impact of electric vehicles4 #dbjf4 ,study on impact of forced labor in ,china on the electric vehicle supply chain ,not later than #abj days after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,secretary of ,state1 shall study the impact of forced labor in ,china on the electric vehicle supply chain4 ,v ,energy efficiency and building infrastructure ,a ,residential and commercial energy efficiency #ejja4 ,definitions ,in this subtitle3 7#a7 ,priority state ,the term priority ,state means a ,state that-- 7,a7 is eligible for funding under the ,state ,energy ,program2 and 7,b7 7i7 is among the #ae ,states with the highest annual per-capita combined residential and commercial sector energy consumption1 as most recently reported by the ,energy ,information ,administration2 or 7ii7 is among the #ae ,states with the highest annual per-capita energy-related carbon dioxide emissions by ,state1 as most recently reported by the ,energy ,information ,administration4 7#b7 ,program ,the term program means the program established under section #ejjb7;a74 7#c7 ,state ,the term ,state means a ,state 7as defined in section #c of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbjb771 acting through a ,state energy office4 7#d7 ,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 7#db ,u4,s4,c4 #fcba et seq474 #ejjb4 ,energy efficiency revolving loan fund capitalization grant program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 under the ,state ,energy ,program1 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 grants1 as applicable1 in accordance with this section4 7b7 ,distribution of funds 7#a7 ,all ,states 7,a7 ,in general ,of the amounts made available under subsection 7j71 the ,secretary shall use #dj percent to provide capitalization grants to ,states that are eligible for funding under the ,state ,energy ,program1 in accordance with the allocation formula established under section #dbj4aa of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,remaining funding ,after applying the allocation formula described in subparagraph 7,a71 the ,secretary shall redistribute any unclaimed funds to the remaining ,states seeking capitalization grants under that subparagraph4 7#b7 ,priority states 7,a7 ,in general ,of the amounts made available under subsection 7j71 the ,secretary shall use #fj percent to provide supplemental capitalization grants to priority ,states in accordance with an allocation formula determined by the ,secretary4 7,b7 ,remaining funding ,after applying the allocation formula described in subparagraph 7,a71 the ,secretary shall redistribute any unclaimed funds to the remaining priority ,states seeking supplemental capitalization grants under that subparagraph4 7,c7 ,grant amount 7i7 ,maximum amount ,the amount of a supplemental capitalization grant provided to a ,state under this paragraph shall not exceed #ae1jjj1jjj4 7ii7 ,supplement not supplant ,a supplemental capitalization grant received by a ,state under this paragraph shall supplement1 not supplant1 a capitalization grant received by that ,state under paragraph 7#a74 7c7 ,applications for capitalization grants ,a ,state seeking a capitalization grant under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 a detailed explanation of how the grant will be used1 including a plan to establish a new revolving loan fund or use an existing revolving loan fund2 7#b7 the need of eligible recipients for loans and grants in the ,state for assistance with conducting energy audits2 7#c7 a description of the expected benefits that building infrastructure and energy system upgrades and retrofits will have on communities in the ,state2 and 7#d7 in the case of a priority ,state seeking a supplemental capitalization grant under subsection 7b77#b71 a justification for needing the supplemental funding4 7d7 ,timing 7#a7 ,in general ,the ,secretary shall establish a timeline with dates by1 or periods by the end of1 which a ,state shall-- 7,a7 on receipt of a capitalization grant under the program1 deposit the grant funds into a revolving loan fund2 and 7,b7 begin using the capitalization grant as described in subsection 7e77#a74 7#b7 ,use of grant ,under the timeline established under paragraph 7#a71 a ,state shall be required to begin using a capitalization grant not more than #ahj days after the date on which the grant is received4 7e7 ,use of grant funds 7#a7 ,in general ,a ,state that receives a capitalization grant under the program-- 7,a7 shall provide loans in accordance with paragraph 7#b72 and 7,b7 may provide grants in accordance with paragraph 7#c74 7#b7 ,loans 7,a7 ,commercial energy audit 7i7 ,in general ,a ,state that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause 7iv7 to conduct a commercial energy audit4 7ii7 ,audit requirements ,a commercial energy audit conducted using a loan provided under clause 7i7 shall-- 7,i7 determine the overall consumption of energy of the facility of the eligible recipient2 7,,ii7 identify and recommend lifecycle cost-effective opportunities to reduce the energy consumption of the facility of the eligible recipient1 including through energy efficient-- 7aa7 lighting2 7bb7 heating1 ventilation1 and air conditioning systems2 7cc7 windows2 7dd7 appliances2 and 7ee7 insulation and building envelopes2 7,,iii7 estimate the energy and cost savings potential of the opportunities identified in subclause 7,,ii7 using software approved by the ,secretary2 7,,iv7 identify-- 7aa7 the period and level of peak energy demand for each building within the facility of the eligible recipient2 and 7bb7 the sources of energy consumption that are contributing the most to that period of peak energy demand2 7,v7 recommend controls and management systems to reduce or redistribute peak energy consumption2 and 7,,vi7 estimate the total energy and cost savings potential for the facility of the eligible recipient if all recommended upgrades and retrofits are implemented1 using software approved by the ,secretary4 7iii7 ,additional audit inclusions ,a commercial energy audit conducted using a loan provided under clause 7i7 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 fuels1 including natural gas and hydrogen4 7iv7 ,eligible recipients ,an eligible recipient under clause 7i7 is a business that-- 7,i7 conducts the majority of its business in the ,state that provides the loan under that clause2 and 7,,ii7 owns or operates-- 7aa7 #a or more commercial buildings2 or 7bb7 commercial space within a building that serves multiple functions1 such as a building for commercial and residential operations4 7,b7 ,residential energy audits 7i7 ,in general ,a ,state that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause 7iv7 to conduct a residential energy audit4 7ii7 ,residential energy audit requirements ,a residential energy audit conducted using a loan under clause 7i7 shall-- 7,i7 utilize the same evaluation criteria as the ,home ,performance ,assessment used in the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a72 7,,ii7 recommend lifecycle cost-effective opportunities to reduce energy consumption within the residential building of the eligible recipient1 including through energy efficient-- 7aa7 lighting2 7bb7 heating1 ventilation1 and air conditioning systems2 7cc7 windows2 7dd7 appliances2 and 7ee7 insulation and building envelopes2 7,,iii7 recommend controls and management systems to reduce or redistribute peak energy consumption2 7,,iv7 compare the energy consumption of the residential building of the eligible recipient to comparable residential buildings in the same geographic area2 and 7,v7 provide a ,home ,energy ,score1 or equivalent score 7as determined by the ,secretary71 for the residential building of the eligible recipient by using the ,home ,energy ,score ,tool of the ,department or an equivalent scoring tool4 7iii7 ,additional audit inclusions ,a residential energy audit conducted using a loan provided under clause 7i7 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 fuels1 including natural gas and hydrogen4 7iv7 ,eligible recipients ,an eligible recipient under clause 7i7 is-- 7,i7 an individual who owns-- 7aa7 a single family home2 7bb7 a condominium or duplex2 or 7cc7 a manufactured housing unit2 or 7,,ii7 a business that owns or operates a multifamily housing facility4 7,c7 ,commercial and residential energy upgrades and retrofits 7i7 ,in general ,a ,state that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause 7ii7 to carry out upgrades or retrofits of building infrastructure and systems that-- 7,i7 are recommended in the commercial energy audit or residential energy audit1 as applicable1 completed for the building or facility of the eligible recipient2 7,,ii7 satisfy at least #a of the criteria in the ,home ,performance ,assessment used in the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a72 7,,iii7 improve1 with respect to the building or facility of the eligible recipient-- 7aa7 the physical comfort of the building or facility occupants2 7bb7 the energy efficiency of the building or facility2 or 7cc7 the quality of the air in the building or facility2 and 7,,iv7 7aa7 are lifecycle cost-effective2 and 7bb7 7,,aa7 reduce the energy intensity of the building or facility of the eligible recipient2 or 7,,bb7 improve the control and management of energy usage of the building or facility to reduce demand during peak times4 7ii7 ,eligible recipients ,an eligible recipient under clause 7i7 is an eligible recipient described in subparagraph 7,a77iv7 or 7,b77iv7 that-- 7,i7 has completed a commercial energy audit described in subparagraph 7,a7 or a residential energy audit described in subparagraph 7,b7 using a loan provided under the applicable subparagraph2 or 7,,ii7 has completed a commercial energy audit or residential energy audit that-- 7aa7 was not funded by a loan under this paragraph2 and 7bb7 7,,aa7 meets the requirements for the applicable audit under subparagraph 7,a7 or 7,b71 as applicable2 or 7,,bb7 the ,secretary determines is otherwise satisfactory4 7iii7 ,loan term 7,i7 ,in general ,a loan provided under this subparagraph shall be required to be fully amortized by the earlier of-- 7aa7 subject to subclause 7,,ii71 the year in which the upgrades or retrofits carried out using the loan exceed their expected useful life2 and 7bb7 #ae years after those upgrades or retrofits are installed4 7,,ii7 ,calculation ,for purposes of subclause 7,i77aa71 in the case of a loan being used to fund multiple upgrades or retrofits1 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 life4 7,d7 ,referral to qualified contractors ,following the completion of an audit under subparagraph 7,a7 or 7,b7 by an eligible recipient of a loan under the applicable subparagraph1 the ,state may refer the eligible recipient to a qualified contractor1 as determined by the ,state1 to estimate-- 7i7 the upfront capital cost of each recommended upgrade2 and 7ii7 the total upfront capital cost of implementing all recommended upgrades4 7,e7 ,loan recipients ,each ,state providing loans under this paragraph shall1 to the maximum extent practicable1 provide loans to eligible recipients that do not have access to private capital4 7#c7 ,grants and technical assistance 7,a7 ,in general ,a ,state that receives a capitalization grant under the program may use not more than #be percent of the grant funds to provide grants or technical assistance to eligible entities described in subparagraph 7,b7 to carry out the activities described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#b74 7,b7 ,eligible entity ,an entity eligible for a grant or technical assistance under subparagraph 7,a7 is-- 7i7 a business that-- 7,i7 is an eligible recipient described in paragraph 7#b77;,a77iv72 and 7,,ii7 has fewer than #ejj employees2 or 7ii7 a low-income individual 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb77 that owns a residential building4 7#d7 ,final assessment ,a ,state that provides a capitalization grant under paragraph 7#b77;,c7 to an eligible recipient described in clause 7ii7 of that paragraph may1 not later than #a year after the date on which the upgrades or retrofits funded by the grant under that paragraph are completed1 provide to the eligible recipient a loan or1 in accordance with paragraph 7#c71 a grant to conduct a final energy audit that assesses the total energy savings from the upgrades or retrofits4 7#e7 ,administrative expenses ,a ,state that receives a capitalization grant under the program may use not more than #aj percent of the grant funds for administrative expenses4 7f7 ,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 program4 7g7 ,leveraging private capital ,a ,state receiving a capitalization grant under the program shall1 to the maximum extent practicable1 use the grant to leverage private capital4 7h7 ,outreach ,the ,secretary shall engage in outreach to inform ,states of the availability of capitalization grants under the program4 7i7 ,report ,each ,state that receives a capitalization grant under the program shall1 not later than #b years after a grant is received1 submit to the ,secretary a report that describes-- 7#a7 the number of recipients to which the ,state has distributed-- 7,a7 loans for-- 7i7 commercial energy audits under subsection 7e77#b77;,a72 7ii7 residential energy audits under subsection 7e77#b77;,b72 7iii7 energy upgrades and retrofits under subsection 7e77#b77;,c72 and 7,b7 grants under subsection 7e77#c72 and 7#b7 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 7e74 7j7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #bej1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #ejjc4 ,energy auditor training grant program 7a7 ,definitions ,in this section3 7#a7 ,covered certification ,the term covered certification means any of the following certifications3 7,a7 ,the ,american ,society of ,heating1 ,refrigerating and ,air-,conditioning ,engineers ,building ,energy ,assessment ,professional certification4 7,b7 ,the ,association of ,energy ,engineers ,certified ,energy ,auditor certification4 7,c7 ,the ,building ,performance ,institute ,home ,energy ,professional ,energy ,auditor certification4 7,d7 ,the ,residential ,energy ,services ,network ,home ,energy ,rater certification4 7,e7 ,any other third-party certification recognized by the ,department4 7,f7 ,any third-party certification that the ,secretary determines is equivalent to the certifications described in subparagraphs 7,a7 through 7,e74 7#b7 ,eligible ,state ,the term eligible ,state means a ,state that-- 7,a7 has a demonstrated need for assistance for training energy auditors2 and 7,b7 meets any additional criteria determined necessary by the ,secretary4 7b7 ,establishment ,under the ,state ,energy ,program1 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 buildings4 7c7 ,applications 7#a7 ,in general ,a ,state seeking a grant under subsection 7b7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including the energy auditor training program plan described in paragraph 7#b74 7#b7 ,energy auditor training program plan ,an energy auditor training program plan submitted with an application under paragraph 7#a7 shall include-- 7,a7 7i7 a proposed training curriculum for energy audit trainees2 and 7ii7 an identification of the covered certification that those trainees will receive on completion of that training curriculum2 7,b7 the expected per-individual cost of training2 7,c7 a plan for connecting trainees with employment opportunities2 and 7,d7 any additional information required by the ,secretary4 7d7 ,amount of grant ,the amount of a grant awarded to an eligible ,state under subsection 7b7-- 7#a7 shall be determined by the ,secretary1 taking into account the population of the eligible ,state2 and 7#b7 shall not exceed #b1jjj1jjj for any eligible ,state4 7e7 ,use of funds 7#a7 ,in general ,an eligible ,state that receives a grant under subsection 7b7 shall use the grant funds-- 7,a7 to cover any cost associated with individuals being trained or certified to conduct energy audits by-- 7i7 the ,state2 or 7ii7 a ,state-certified third party training program2 and 7,b7 subject to paragraph 7#b71 to pay the wages of a trainee during the period in which the trainee receives training and certification4 7#b7 ,limitation ,not more than #aj percent of grant funds provided under subsection 7b7 to an eligible ,state may be used for the purpose described in paragraph 7#a77;,b74 7f7 ,consultation ,in carrying out this section1 the ,secretary shall consult with the ,secretary of ,labor4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #dj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 ,b ,buildings #eaja4 ,cost-effective codes implementation for efficiency and resilience 7a7 ,in general ,title ,,iii of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhca et seq47 is amended by adding at the end the following3 #cji4 ,cost-effective codes implementation for efficiency and resilience 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a relevant ,state agency1 as determined by the ,secretary1 such as a ,state building code agency1 ,state energy office1 or ,tribal energy office2 and 7,b7 a partnership4 7#b7 ,partnership ,the term partnership means a partnership between an eligible entity described in paragraph 7#a77;,a7 and #a or more of the following entities3 7,a7 ,local building code agencies4 7,b7 ,codes and standards developers4 7,c7 ,associations of builders and design and construction professionals4 7,d7 ,local and utility energy efficiency programs4 7,e7 ,consumer1 energy efficiency1 and environmental advocates4 7,f7 ,other entities1 as determined by the ,secretary4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,establishment 7#a7 ,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 codes4 7#b7 ,updated building energy code ,an update to a building energy code under this section1 including an amendment that results in increased efficiency compared to the previously adopted building energy code1 shall include any update made available after the existing building energy code1 even if it is not the most recent updated code available4 7c7 ,criteria2 priority ,in awarding grants under subsection 7b71 the ,secretary shall-- 7#a7 consider-- 7,a7 prospective energy savings and plans to measure the savings1 including utilizing the ,environmental ,protection ,agency ,portfolio ,manager1 the ,home ,energy ,score rating of the ,office of ,energy ,efficiency and ,renewable ,energy of the ,department of ,energy1 the ,energy ,star ,building rating methodologies of the ,environmental ,protection ,agency1 and other methodologies determined appropriate by the ,secretary2 7,b7 the long-term sustainability of those measures and savings2 7,c7 prospective benefits1 and plans to assess the benefits1 including benefits relating to-- 7i7 resilience and peak load reduction2 7ii7 occupant safety and health2 and 7iii7 environmental performance2 7,d7 the demonstrated capacity of the eligible entity to carry out the proposed project2 and 7,e7 the need of the eligible entity for assistance2 and 7#b7 give priority to applications from partnerships4 7d7 ,eligible activities 7#a7 ,in general ,an eligible entity awarded a grant under this section may use the grant funds-- 7,a7 to create or enable ,state or regional partnerships to provide training and materials to-- 7i7 builders1 contractors and subcontractors1 architects1 and other design and construction professionals1 relating to meeting updated building energy codes in a cost-effective manner2 and 7ii7 building code officials1 relating to improving implementation of and compliance with building energy codes2 7,b7 to collect and disseminate quantitative data on construction and codes implementation1 including code pathways1 performance metrics1 and technologies used2 7,c7 to develop and implement a plan for highly effective codes implementation1 including measuring compliance2 7,d7 to address various implementation needs in rural1 suburban1 and urban areas2 and 7,e7 to implement updates in energy codes for-- 7i7 new residential and commercial buildings 7including multifamily buildings72 and 7ii7 additions and alterations to existing residential and commercial buildings 7including multifamily buildings74 7#b7 ,related topics ,training and materials provided using a grant under this section may include information on the relationship between energy codes and-- 7,a7 cost-effective1 high-performance1 and zero-net-energy buildings2 7,b7 improving resilience1 health1 and safety2 7,c7 water savings and other environmental impacts2 and 7,d7 the economic impacts of energy codes4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #bbe1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 4 7b7 ,conforming amendment ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 is amended1 in the matter preceding paragraph 7#a71 by striking ,as used in and inserting ,except as otherwise provided1 in4 #eajb4 ,building1 training1 and assessment centers 7a7 ,in general ,the ,secretary shall provide grants to institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 and ,tribal ,colleges or ,universities 7as defined in section #caf7;b7 of that ,act 7#bj ,u4,s4,c4 #ajei;c7b777 to establish building training and assessment centers-- 7#a7 to identify opportunities for optimizing energy efficiency and environmental performance in buildings2 7#b7 to promote the application of emerging concepts and technologies in commercial and institutional buildings2 7#c7 to train engineers1 architects1 building scientists1 building energy permitting and enforcement officials1 and building technicians in energy-efficient design and operation2 7#d7 to assist institutions of higher education and ,tribal ,colleges or ,universities in training building technicians2 7#e7 to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings1 particularly energy-intensive buildings2 and 7#f7 to coordinate with and assist ,state-accredited technical training centers1 community colleges1 ,tribal ,colleges or ,universities1 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 ,states4 7b7 ,coordination and nonduplication 7#a7 ,in general ,the ,secretary shall coordinate the program with the industrial research and assessment centers program under section #deg of the ,energy ,independence and ,security ,act of #bjjg 7as added by section #ebja7;b77 and with other ,federal programs to avoid duplication of effort4 7#b7 ,collocation ,to the maximum extent practicable1 building1 training1 and assessment centers established under this section shall be collocated with industrial and research assessment centers 7as defined in section #ebaa74 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #aj1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #eajc4 ,career skills training 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means a nonprofit partnership that-- 7#a7 includes the equal participation of industry1 including public or private employers1 and labor organizations1 including joint labor-management training programs2 7#b7 may include workforce investment boards1 community-based organizations1 qualified service and conservation corps1 educational institutions1 small businesses1 cooperatives1 ,state and local veterans agencies1 and veterans service organizations2 and 7#c7 demonstrates-- 7,a7 experience in implementing and operating worker skills training and education programs2 7,b7 the ability to identify and involve in training programs carried out under this section1 target populations of individuals who would benefit from training and be actively involved in activities relating to energy efficiency and renewable energy industries2 and 7,c7 the ability to help individuals achieve economic self-sufficiency4 7b7 ,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 technologies4 7c7 ,federal share ,the ,federal share of the cost of carrying out a career skills training program described in subsection 7b7 shall be #ej percent4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #aj1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #eajd4 ,commercial building energy consumption information sharing 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,energy ,information ,administration4 7#b7 ,agreement ,the term ,agreement means the agreement entered into under subsection 7b74 7#c7 ,survey ,the term ,survey means the ,commercial ,building ,energy ,consumption ,survey4 7b7 ,authorization of agreement ,not later than #abj days after the date of enactment of this ,act1 the ,administrator and the ,administrator of the ,environmental ,protection ,agency shall sign1 and submit to ,congress1 an information sharing agreement relating to commercial building energy consumption data4 7c7 ,content of agreement ,the ,agreement shall-- 7#a7 provide1 to the extent permitted by law1 that-- 7,a7 the ,administrator shall have access to building-specific data in the ,portfolio ,manager database of the ,environmental ,protection ,agency2 and 7,b7 the ,administrator of the ,environmental ,protection ,agency shall have access to building-specific data collected by the ,survey2 7#b7 describe the manner in which the ,administrator shall use the data described in paragraph 7#a7 and subsection 7d72 7#c7 describe and compare-- 7,a7 the methodologies that the ,energy ,information ,administration1 the ,environmental ,protection ,agency1 and ,state and local government managers use to maximize the quality1 reliability1 and integrity of data collected through the ,survey1 the ,portfolio ,manager database of the ,environmental ,protection ,agency1 and ,state and local building energy disclosure laws 7including regulations71 respectively1 and the manner in which those methodologies can be improved2 and 7,b7 consistencies and variations in data for the same buildings captured in-- 7i7 7,i7 the #bjah ,survey cycle2 and 7,,ii7 each subsequent ,survey cycle2 and 7ii7 the ,portfolio ,manager database of the ,environmental ,protection ,agency2 and 7#d7 consider whether1 and the methods by which1 the ,administrator may collect and publish new iterations of ,survey data every #c years-- 7,a7 using the ,survey processes of the ,administrator2 or 7,b7 as supplemented by information in the ,portfolio ,manager database of the ,environmental ,protection ,agency4 7d7 ,data ,the data referred in subsection 7c77#b7 includes data that-- 7#a7 is collected through the ,portfolio ,manager database of the ,environmental ,protection ,agency2 7#b7 is required to be publicly available on the internet under ,state and local government building energy disclosure laws 7including regulations72 and 7#c7 includes information on private sector buildings that are not less than #bej1jjj square feet4 7e7 ,protection of information ,in carrying out the agreement1 the ,administrator and the ,administrator of the ,environmental ,protection ,agency shall protect information in accordance with-- 7#a7 section #eeb7;b77#d7 of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 7#b7 subchapter ,,iii of chapter #ce of title #dd1 ,united ,states ,code2 and 7#c7 any other applicable law 7including regulations74 ,c ,industrial energy efficiency ,i ,industry #ebja4 ,future of industry program and industrial research and assessment centers 7a7 ,future of industry program 7#a7 ,in general ,section #deb of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa7 is amended-- 7,a7 by striking the section heading and inserting the following3 future of industry program2 7,b7 in subsection 7a77#b7-- 7i7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7ii7 by inserting after subparagraph 7,d7 the following3 7,e7 water and wastewater treatment facilities1 including systems that treat municipal1 industrial1 and agricultural waste2 and 2 7,c7 by striking subsection 7e72 and 7,d7 by redesignating subsection 7f7 as subsection 7e74 7#b7 ,conforming amendment ,section #ded7;b77#b77;,c7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaac7;b77#b77;,c77 is amended by striking energy-intensive industries and inserting ,future of ,industry4 7b7 ,industrial research and assessment centers ,subtitle ,d of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa et seq47 is amended by adding at the end the following3 #deg4 ,industrial research and assessment centers 7a7 ,definitions ,in this section3 7#a7 ,covered project ,the term covered project means a project-- 7,a7 that has been recommended in an energy assessment described in paragraph 7#b77;,a7 conducted for an eligible entity2 and 7,b7 with respect to which the plant site of that eligible entity-- 7i7 improves-- 7,i7 energy efficiency2 7,,ii7 material efficiency2 7,,iii7 cybersecurity2 or 7,,iv7 productivity2 or 7ii7 reduces-- 7,i7 waste production2 7,,ii7 greenhouse gas emissions2 or 7,,iii7 nongreenhouse gas pollution4 7#b7 ,eligible entity ,the term eligible entity means a small- or medium-sized manufacturer that has had an energy assessment completed by-- 7,a7 an industrial research and assessment center2 7,b7 a ,department of ,energy ,combined ,heat and ,power ,technical ,assistance ,partnership jointly with an industrial research and assessment center2 or 7,c7 a third-party assessor that provides an assessment equivalent to an assessment described in subparagraph 7,a7 or 7,b71 as determined by the ,secretary4 7#c7 ,energy service provider ,the term energy service provider means-- 7,a7 any business providing technology or services to improve the energy efficiency1 water efficiency1 power factor1 or load management of a manufacturing site or other industrial process in an energy-intensive industry 7as defined in section #deb7;a772 and 7,b7 any utility operating under a utility energy service project4 7#d7 ,industrial research and assessment center ,the term industrial research and assessment center means-- 7,a7 an institution of higher education-based industrial research and assessment center that is funded by the ,secretary under subsection 7b72 and 7,b7 an industrial research and assessment center at a trade school1 community college1 or union training program that is funded by the ,secretary under subsection 7f74 7#e7 ,program ,the term ,program means the program for implementation grants established under subsection 7i77#a74 7#f7 ,small- or medium-sized manufacturer ,the term small- or medium-sized manufacturer means a manufacturing firm-- 7,a7 the gross annual sales of which are less than #ajj1jjj1jjj2 7,b7 that has fewer than #ejj employees at the plant site of the manufacturing firm2 and 7,c7 the annual energy bills of which total more than #ajj1jjj but less than #c1ejj1jjj4 7b7 ,institution of higher education-based industrial research and assessment centers 7#a7 ,in general ,the ,secretary shall provide funding to institution of higher education-based industrial research and assessment centers4 7#b7 ,purpose ,the purpose of each institution of higher education-based industrial research and assessment center shall be-- 7,a7 to provide in-depth assessments of small- and medium-sized manufacturer plant sites to evaluate the facilities1 services1 and manufacturing operations of the plant sites2 7,b7 to identify opportunities for optimizing energy efficiency and environmental performance1 including implementation of-- 7i7 smart manufacturing2 7ii7 energy management systems2 7iii7 sustainable manufacturing2 7iv7 information technology advancements for supply chain analysis1 logistics1 system monitoring1 industrial and manufacturing processes1 and other purposes2 and 7v7 waste management systems2 7,c7 to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers 7including water and wastewater treatment facilities and federally owned manufacturing facilities72 7,d7 to promote research and development for the use of alternative energy sources to supply heat1 power1 and new feedstocks for energy-intensive industries2 7,e7 to coordinate with appropriate ,federal and ,state research offices2 7,f7 to provide a clearinghouse for industrial process and energy efficiency technical assistance resources2 and 7,g7 to coordinate with ,state-accredited technical training centers and community colleges1 while ensuring appropriate services to all regions of the ,united ,states4 7c7 ,coordination ,to increase the value and capabilities of the industrial research and assessment centers1 the centers shall-- 7#a7 coordinate with ,manufacturing ,extension ,partnership ,centers of the ,national ,institute of ,standards and ,technology2 7#b7 coordinate with the ,federal ,energy ,management ,program and the ,building ,technologies ,office of the ,department of ,energy to provide building assessment services to manufacturers2 7#c7 increase partnerships with the ,national ,laboratories of the ,department of ,energy to leverage the expertise1 technologies1 and research and development capabilities of the ,national ,laboratories for national industrial and manufacturing needs2 7#d7 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 efficiency1 power factor1 and load management2 7#e7 identify opportunities for reducing greenhouse gas emissions and other air emissions2 and 7#f7 promote sustainable manufacturing practices for small- and medium-sized manufacturers4 7d7 ,outreach ,the ,secretary shall provide funding for-- 7#a7 outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information1 technologies1 and services available2 and 7#b7 coordination activities by each industrial research and assessment center to leverage efforts with-- 7,a7 ,federal1 ,state1 and ,tribal efforts2 7,b7 the efforts of utilities and energy service providers2 7,c7 the efforts of regional energy efficiency organizations2 and 7,d7 the efforts of other industrial research and assessment centers4 7e7 ,centers of excellence 7#a7 ,establishment ,the ,secretary shall establish a ,center of ,excellence at not more than #e of the highest-performing industrial research and assessment centers1 as determined by the ,secretary4 7#b7 ,duties ,a ,center of ,excellence shall coordinate with and advise the industrial research and assessment centers located in the region of the ,center of ,excellence1 including-- 7,a7 by mentoring new directors and staff of the industrial research and assessment centers with respect to-- 7i7 the availability of resources2 and 7ii7 best practices for carrying out assessments1 including through the participation of the staff of the ,center of ,excellence in assessments carried out by new industrial research and assessment centers2 7,b7 by providing training to staff and students at the industrial research and assessment centers on new technologies1 practices1 and tools to expand the scope and impact of the assessments carried out by the centers2 7,c7 by assisting the industrial research and assessment centers with specialized technical opportunities1 including by providing a clearinghouse of available expertise and tools to assist the centers and clients of the centers in assessing and implementing those opportunities2 7,d7 by identifying and coordinating with regional1 ,state1 local1 ,tribal1 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 regional1 ,state1 local1 and utility energy efficiency programs that could aid the industrial facilities in implementing any recommendations resulting from the assessments2 7,e7 by facilitating coordination between the industrial research and assessment centers and other ,federal programs described in paragraphs 7#a7 through 7#c7 of subsection 7c72 and 7,f7 by coordinating the outreach activities of the industrial research and assessment centers under subsection 7d77#a74 7#c7 ,funding ,for each fiscal year1 out of any amounts made available to carry out this section under subsection 7j71 the ,secretary shall use not less than #ejj1jjj to support each ,center of ,excellence4 7f7 ,expansion of industrial research and assessment centers 7#a7 ,in general ,the ,secretary shall provide funding to establish additional industrial research and assessment centers at trade schools1 community colleges1 and union training programs4 7#b7 ,purpose 7,a7 ,in general ,subject to subparagraph 7,b71 to the maximum extent practicable1 an industrial research and assessment center established under paragraph 7#a7 shall have the same purpose as an institution of higher education-based industrial research center that is funded by the ,secretary under subsection 7b77#a74 7,b7 ,consideration of capabilities ,in evaluating or establishing the purpose of an industrial research and assessment center established under paragraph 7#a71 the ,secretary shall take into consideration the varying capabilities of trade schools1 community colleges1 and union training programs4 7g7 ,workforce training 7#a7 ,internships ,the ,secretary shall pay the ,federal share of associated internship programs under which students work with or for industries1 manufacturers1 and energy service providers to implement the recommendations of industrial research and assessment centers4 7#b7 ,apprenticeships ,the ,secretary shall pay the ,federal share of associated apprenticeship programs under which-- 7,a7 students work with or for industries1 manufacturers1 and energy service providers to implement the recommendations of industrial research and assessment centers2 and 7,b7 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 savings4 7#c7 ,federal share ,the ,federal share of the cost of carrying out internship programs described in paragraph 7#a7 and apprenticeship programs described in paragraph 7#b7 shall be #ej percent4 7h7 ,small business loans ,the ,administrator of the ,small ,business ,administration shall1 to the maximum extent practicable1 expedite consideration of applications from eligible small business concerns for loans under the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 to implement recommendations developed by the industrial research and assessment centers4 7i7 ,implementation grants 7#a7 ,in general ,the ,secretary shall establish a program under which the ,secretary shall provide grants to eligible entities to implement covered projects4 7#b7 ,application ,an eligible entity seeking a grant under the ,program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a demonstration of need for financial assistance to implement the proposed covered project4 7#c7 ,priority ,in awarding grants under the ,program1 the ,secretary shall give priority to eligible entities that-- 7,a7 have had an energy assessment completed by an industrial research and assessment center2 and 7,b7 propose to carry out a covered project with a greater potential for-- 7i7 energy efficiency gains2 or 7ii7 greenhouse gas emissions reductions4 7#d7 ,grant amount 7,a7 ,maximum amount ,the amount of a grant provided to an eligible entity under the ,program shall not exceed #cjj1jjj4 7,b7 ,federal share ,a grant awarded under the ,program for a covered project shall be in an amount that is not more than #ej percent of the cost of the covered project4 7,c7 ,supplement ,a grant received by an eligible entity under the ,program shall supplement1 not supplant1 any private or ,state funds available to the eligible entity to carry out the covered project4 7j7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for the period of fiscal years #bjbb through #bjbf-- 7#a7 #aej1jjj1jjj to carry out subsections 7a7 through 7h72 and 7#b7 #djj1jjj1jjj to carry out subsection 7i74 4 7c7 ,clerical amendment ,the table of contents of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 prec4 #agjja7 is amended by adding at the end of the items relating to subtitle ,d of title ,,iv the following3 #deg4 ,industrial research and assessment centers4 4 #ebjb4 ,sustainable manufacturing initiative 7a7 ,in general ,part ,e of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcda et seq47 is amended by adding at the end the following3 #cgf4 ,sustainable manufacturing initiative 7a7 ,in general ,as part of the ,office of ,energy ,efficiency and ,renewable ,energy of the ,department of ,energy1 the ,secretary1 on the request of a manufacturer1 shall carry out onsite technical assessments to identify opportunities for-- 7#a7 maximizing the energy efficiency of industrial processes and cross-cutting systems2 7#b7 preventing pollution and minimizing waste2 7#c7 improving efficient use of water in manufacturing processes2 7#d7 conserving natural resources2 and 7#e7 achieving such other goals as the ,secretary determines to be appropriate4 7b7 ,coordination ,to implement any recommendations resulting from an onsite technical assessment carried out under subsection 7a7 and to accelerate the adoption of new and existing technologies and processes that improve energy efficiency1 the ,secretary shall coordinate with-- 7#a7 the ,advanced ,manufacturing ,office of the ,department of ,energy2 7#b7 the ,building ,technologies ,office of the ,department of ,energy2 7#c7 the ,federal ,energy ,management ,program of the ,department of ,energy2 and 7#d7 the private sector and other appropriate agencies1 including the ,national ,institute of ,standards and ,technology4 7c7 ,research and development program for sustainable manufacturing and industrial technologies and processes ,as part of the industrial efficiency programs of the ,department of ,energy1 the ,secretary shall carry out a joint industry-government partnership program to research1 develop1 and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants1 reduce pollution1 and conserve natural resources4 4 7b7 ,clerical amendment ,the table of contents of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 prec4 #fbja7 is amended by adding at the end of the items relating to part ,e of title ,,iii the following3 #cgf4 ,sustainable manufacturing initiative4 4 ,,ii ,smart manufacturing #ebaa4 ,definitions ,in this part3 7#a7 ,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 performance1 including energy efficiency1 security1 use1 and consumption4 7#b7 ,industrial and research assessment center ,the term industrial and research assessment center means a center located at an institution of higher education1 a trade school1 a community college1 or a union training program that-- 7,a7 receives funding from the ,department2 7,b7 provides an in-depth assessment of small- and medium-size manufacturer plant sites to evaluate the facilities1 services1 and manufacturing operations of the plant site2 and 7,c7 identifies opportunities for potential savings for small- and medium-size manufacturer plant sites from energy efficiency improvements1 waste minimization1 pollution prevention1 and productivity improvement4 7#c7 ,information and communication technology ,the term information and communication technology means any electronic system or equipment 7including the content contained in the system or equipment7 used to create1 convert1 communicate1 or duplicate data or information1 including computer hardware1 firmware1 software1 communication protocols1 networks1 and data interfaces4 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#e7 ,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 collecting1 analyzing1 and publishing statistical data relating to the business economy of the ,united ,states4 7#f7 ,small and medium manufacturers ,the term small and medium manufacturers means manufacturing firms-- 7,a7 classified in the ,north ,american ,industry ,classification ,system as any of sectors #ca through #cc2 7,b7 with gross annual sales of less than #ajj1jjj1jjj2 7,c7 with fewer than #ejj employees at the plant site2 and 7,d7 with annual energy bills totaling more than #ajj1jjj and less than #c1ejj1jjj4 7#g7 ,smart manufacturing ,the term smart manufacturing means advanced technologies in information1 automation1 monitoring1 computation1 sensing1 modeling1 artificial intelligence1 analytics1 and networking that-- 7,a7 digitally-- 7i7 simulate manufacturing production lines2 7ii7 operate computer-controlled manufacturing equipment2 7iii7 monitor and communicate production line status2 and 7iv7 manage and optimize energy productivity and cost throughout production2 7,b7 model1 simulate1 and optimize the energy efficiency of a factory building2 7,c7 monitor and optimize building energy performance2 7,d7 model1 simulate1 and optimize the design of energy efficient and sustainable products1 including the use of digital prototyping and additive manufacturing to enhance product design2 7,e7 connect manufactured products in networks to monitor and optimize the performance of the networks1 including automated network operations2 and 7,f7 digitally connect the supply chain network4 #ebab4 ,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-- 7#a7 to include smart manufacturing technologies and practices2 and 7#b7 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 practices1 including energy management systems1 to manufacturers4 #ebac4 ,leveraging smart manufacturing infrastructure at ,national ,laboratories 7a7 ,study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall conduct a study on how the ,department can increase access to existing high-performance computing resources in the ,national ,laboratories1 particularly for small and medium manufacturers4 7#b7 ,inclusions ,in identifying ways to increase access to ,national ,laboratories under paragraph 7#a71 the ,secretary shall-- 7,a7 focus on increasing access to the computing facilities of the ,national ,laboratories2 and 7,b7 ensure that-- 7i7 the information from the manufacturer is protected2 and 7ii7 the security of the ,national ,laboratory facility is maintained4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the study4 7b7 ,actions for increased access ,the ,secretary shall facilitate access to the ,national ,laboratories studied under subsection 7a7 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 ,states4 #ebad4 ,state manufacturing leadership 7a7 ,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 technologies4 7b7 ,applications 7#a7 ,in general ,to be eligible to receive financial assistance under this section1 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,criteria ,the ,secretary shall evaluate an application for financial assistance under this section on the basis of merit using criteria identified by the ,secretary1 including-- 7,a7 technical merit1 innovation1 and impact2 7,b7 research approach1 workplan1 and deliverables2 7,c7 academic and private sector partners2 and 7,d7 alternate sources of funding4 7c7 ,requirements 7#a7 ,term ,the term of an award of financial assistance under this section shall not exceed #c years4 7#b7 ,maximum amount ,the amount of an award of financial assistance under this section shall be not more than #b1jjj1jjj4 7#c7 ,matching requirement ,each ,state that receives financial assistance under this section shall contribute matching funds in an amount equal to not less than #cj percent of the amount of the financial assistance4 7d7 ,use of funds ,a ,state may use financial assistance provided under this section-- 7#a7 to facilitate access to high-performance computing resources for small and medium manufacturers2 and 7#b7 to provide assistance to small and medium manufacturers to implement smart manufacturing technologies and practices4 7e7 ,evaluation ,the ,secretary shall conduct semiannual evaluations of each award of financial assistance under this section-- 7#a7 to determine the impact and effectiveness of programs funded with the financial assistance2 and 7#b7 to provide guidance to ,states on ways to better execute the program of the ,state4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #ebae4 ,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 ,states4 ,d ,schools and nonprofits #ecja4 ,grants for energy efficiency improvements and renewable energy improvements at public school facilities 7a7 ,definitions ,in this section3 7#a7 ,alternative fueled vehicle ,the term alternative fueled vehicle has the meaning given the term in section #cja of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbaa74 7#b7 ,alternative fueled vehicle infrastructure ,the term alternative fueled vehicle infrastructure means infrastructure used to charge or fuel an alternative fueled vehicle4 7#c7 ,eligible entity ,the term eligible entity means a consortium of-- 7,a7 #a local educational agency2 and 7,b7 #a or more-- 7i7 schools2 7ii7 nonprofit organizations that have the knowledge and capacity to partner and assist with energy improvements2 7iii7 for-profit organizations that have the knowledge and capacity to partner and assist with energy improvements2 or 7iv7 community partners that have the knowledge and capacity to partner and assist with energy improvements4 7#d7 ,energy improvement ,the term energy improvement means-- 7,a7 any improvement1 repair1 or renovation to a school that results in a direct reduction in school energy costs1 including improvements to the envelope1 air conditioning system1 ventilation system1 heating system1 domestic hot water heating system1 compressed air system1 distribution system1 lighting system1 power system1 and controls of a building2 7,b7 any improvement1 repair1 or renovation to1 or installation in1 a school that-- 7i7 leads to an improvement in teacher and student health1 including indoor air quality2 and 7ii7 achieves energy savings2 7,c7 any improvement1 repair1 or renovation to a school involving the installation of renewable energy technologies2 7,d7 the installation of alternative fueled vehicle infrastructure on school grounds for-- 7i7 exclusive use of school buses1 school fleets1 or students2 or 7ii7 the general public2 and 7,e7 the purchase or lease of alternative fueled vehicles to be used by a school1 including school buses1 fleet vehicles1 and other operational vehicles4 7#e7 ,high school ,the term high school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#f7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#g7 ,nonprofit organization ,the term nonprofit organization means a nonprofit organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that is exempt from tax under section #eja7;a7 of such ,code4 7#h7 ,partnering local educational agency ,the term partnering local educational agency1 with respect to an eligible entity1 means the local educational agency participating in the consortium of the eligible entity4 7b7 ,grants ,the ,secretary shall award competitive grants to eligible entities to make energy improvements in accordance with this section4 7c7 ,applications 7#a7 ,in general ,an eligible entity desiring a grant under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,contents ,the application submitted under paragraph 7#a7 shall include each of the following3 7,a7 ,a needs assessment of the current condition of the school and school facilities that would receive the energy improvements if the application were approved4 7,b7 ,a draft work plan of the intended achievements of the eligible entity at the school4 7,c7 ,a description of the energy improvements that the eligible entity would carry out at the school if the application were approved4 7,d7 ,a description of the capacity of the eligible entity to provide services and comprehensive support to make the energy improvements referred to in subparagraph 7,c74 7,e7 ,an assessment of the expected needs of the eligible entity for operation and maintenance training funds1 and a plan for use of those funds1 if applicable4 7,f7 ,an assessment of the expected energy efficiency1 energy savings1 and safety benefits of the energy improvements4 7,g7 ,a cost estimate of the proposed energy improvements4 7,h7 ,an identification of other resources that are available to carry out the activities for which grant funds are requested under this section1 including the availability of utility programs and public benefit funds4 7d7 ,priority 7#a7 ,in general ,in awarding grants under this section1 the ,secretary shall give priority to an eligible entity-- 7,a7 that has renovation1 repair1 and improvement funding needs2 7,b7 7i7 that1 as determined by the ,secretary1 serves a high percentage of students1 including students in a high school in accordance with paragraph 7#b71 who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 or 7ii7 the partnering local educational agency of which is designated with a school district locale code of #da1 #db1 or #dc1 as determined by the ,national ,center for ,education ,statistics in consultation with the ,bureau of the ,census2 and 7,c7 that leverages private sector investment through energy-related performance contracting4 7#b7 ,high school students ,in the case of students in a high school1 the percentage of students eligible for a free or reduced price lunch described in paragraph 7#a77;,b77i7 shall be calculated using data from the schools that feed into the high school4 7e7 ,competitive criteria ,the competitive criteria used by the ,secretary to award grants under this section shall include the following3 7#a7 ,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 improvements1 including consideration of-- 7,a7 the current and historic ability of the partnering local educational agency to raise funds for construction1 renovation1 modernization1 and major repair projects for schools2 7,b7 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 schools2 and 7,c7 the bond rating of the partnering local educational agency4 7#b7 ,the likelihood that the partnering local educational agency or eligible entity will maintain1 in good condition1 any school and school facility that is the subject of improvements4 7#c7 ,the potential energy efficiency and safety benefits from the proposed energy improvements4 7f7 ,use of grant amounts 7#a7 ,in general ,except as provided in this subsection1 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 7c74 7#b7 ,operation and maintenance training ,an eligible entity receiving a grant under this section may use not more than #e percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements1 such as maintenance staff and teacher training1 education1 and preventative maintenance training4 7#c7 ,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 entity1 such as energy audits and existing building commissioning4 7#d7 ,continuing education ,an eligible entity receiving a grant under this section may use not more than #c percent of the grant amounts to develop a continuing education curriculum relating to energy improvements4 7g7 ,competition in contracting ,if an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract1 the eligible entity shall be required to ensure that the contract process-- 7#a7 through full and open competition1 ensures the maximum practicable number of qualified bidders1 including small1 minority1 and women-owned businesses2 and 7#b7 gives priority to businesses located in1 or resources common to1 the ,state or geographical area in which the repair or renovation under the contract will be carried out4 7h7 ,best practices ,the ,secretary shall develop and publish guidelines and best practices for activities carried out under this section4 7i7 ,report by eligible entity ,an eligible entity receiving a grant under this section shall submit to the ,secretary1 at such time as the ,secretary may require1 a report describing-- 7#a7 the use of the grant funds for energy improvements2 7#b7 the estimated cost savings realized by those energy improvements2 7#c7 the results of any third-party investigation and analysis conducted relating to those energy improvements2 7#d7 the use of any utility programs and public benefit funds2 and 7#e7 the use of performance tracking for energy improvements1 such as-- 7,a7 the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a72 or 7,b7 the ,united ,states ,green ,building ,council ,leadership in ,energy and ,environmental ,design 7,,leed7 green building rating system for existing buildings4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #ecjb4 ,energy efficiency materials pilot program 7a7 ,definitions ,in this section3 7#a7 ,applicant ,the term applicant means a nonprofit organization that applies for a grant under this section4 7#b7 ,energy-efficiency material 7,a7 ,in general ,the term energy-efficiency material means a material 7including a product1 equipment1 or system7 the installation of which results in a reduction in use by a nonprofit organization of energy or fuel4 7,b7 ,inclusions ,the term energy-efficiency material includes-- 7i7 a roof or lighting system or component of the system2 7ii7 a window2 7iii7 a door1 including a security door2 and 7iv7 a heating1 ventilation1 or air conditioning system or component of the system 7including insulation and wiring and plumbing improvements needed to serve a more efficient system74 7#c7 ,nonprofit building ,the term nonprofit building means a building operated and owned by an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 7b7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a pilot program to award grants for the purpose of providing nonprofit buildings with energy-efficiency materials4 7c7 ,grants 7#a7 ,in general ,the ,secretary may award grants under the program established under subsection 7b74 7#b7 ,application ,the ,secretary may award a grant under paragraph 7#a7 if an applicant submits to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may prescribe4 7#c7 ,criteria for grant ,in determining whether to award a grant under paragraph 7#a71 the ,secretary shall apply performance-based criteria1 which shall give priority to applicants based on-- 7,a7 the energy savings achieved2 7,b7 the cost effectiveness of the use of energy-efficiency materials2 7,c7 an effective plan for evaluation1 measurement1 and verification of energy savings2 and 7,d7 the financial need of the applicant4 7#d7 ,limitation on individual grant amount ,each grant awarded under this section shall not exceed #bjj1jjj4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 ,e ,miscellaneous #edja4 ,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 7#db ,u4,s4,c4 #fhfa et seq47 #c1ejj1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #edjb4 ,energy ,efficiency and ,conservation ,block ,grant ,program 7a7 ,use of funds ,section #edd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaed7 is amended-- 7#a7 in paragraph 7#ac77;,d71 by striking and after the semicolon2 7#b7 by redesignating paragraph 7#ad7 as paragraph 7#ae72 and 7#c7 by inserting after paragraph 7#ac7 the following3 7#ad7 programs for financing energy efficiency1 renewable energy1 and zero-emission transportation 7and associated infrastructure71 capital investments1 projects1 and programs1 which may include loan programs and performance contracting programs1 for leveraging of additional public and private sector funds1 and programs that allow rebates1 grants1 or other incentives for the purchase and installation of energy efficiency1 renewable energy1 and zero-emission transportation 7and associated infrastructure7 measures2 and 4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary for the ,energy ,efficiency and ,conservation ,block ,grant ,program established under section #edb7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeb7;a77 #eej1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #edjc4 ,survey1 analysis1 and report on employment and demographics in the energy1 energy efficiency1 and motor vehicle sectors of the ,united ,states 7a7 ,energy jobs council 7#a7 ,establishment ,the ,secretary shall establish a council1 to be known as the ,energy ,jobs ,council 7referred to in this section as the ,council74 7#b7 ,membership ,the ,council shall be comprised of-- 7,a7 to be appointed by the ,secretary-- 7i7 #a or more representatives of the ,energy ,information ,administration2 and 7ii7 #a or more representatives of a ,state energy office that are serving as members of the ,state ,energy ,advisory ,board established by section #cfe7;g7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;g772 7,b7 to be appointed by the ,secretary of ,commerce-- 7i7 #a or more representatives of the ,department of ,commerce2 and 7ii7 #a or more representatives of the ,bureau of the ,census2 7,c7 #a or more representatives of the ,bureau of ,labor ,statistics1 to be appointed by the ,secretary of ,labor2 and 7,d7 #a or more representatives of any other ,federal agency the assistance of which is required to carry out this section1 as determined by the ,secretary1 to be appointed by the head of the applicable agency4 7b7 ,survey and analysis 7#a7 ,in general ,the ,council shall-- 7,a7 conduct a survey of employers in the energy1 energy efficiency1 and motor vehicle sectors of the economy of the ,united ,states2 and 7,b7 perform an analysis of the employment figures and demographics in those sectors1 including the number of personnel in each sector who devote a substantial portion of working hours1 as determined by the ,secretary1 to regulatory compliance matters4 7#b7 ,methodology ,in conducting the survey and analysis under paragraph 7#a71 the ,council shall employ a methodology that-- 7,a7 was approved in #bjaf by the ,office of ,management and ,budget for use in the document entitled ,,omb ,control ,number #aiaj-eagi2 7,b7 uses a representative1 stratified sampling of businesses in the ,united ,states2 and 7,c7 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 #bjaf and #bjag reports entitled ,u4,s4 ,energy and ,employment ,report4 7#c7 ,consultation ,in conducting the survey and analysis under paragraph 7#a71 the ,council shall consult with key stakeholders1 including-- 7,a7 as the ,council determines to be appropriate1 the heads of relevant ,federal agencies and offices1 including-- 7i7 the ,secretary of ,commerce2 7ii7 the ,secretary of ,transportation2 7iii7 the ,director of the ,bureau of the ,census2 7iv7 the ,commissioner of the ,bureau of ,labor ,statistics2 and 7v7 the ,administrator of the ,environmental ,protection ,agency2 7,b7 ,states2 7,c7 the ,state ,energy ,advisory ,board established by section #cfe7;g7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;g772 and 7,d7 energy industry trade associations4 7c7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall-- 7,a7 make publicly available on the website of the ,department a report1 to be entitled the ,u4,s4 ,energy and ,employment ,report1 describing the employment figures and demographics in the energy1 energy efficiency1 and motor vehicle sectors of the ,united ,states1 and the average number of hours devoted to regulatory compliance1 based on the survey and analysis conducted under subsection 7b72 and 7,b7 subject to the requirements of subchapter ,,iii of chapter #ce of title #dd1 ,united ,states ,code1 make the data collected by the ,council publicly available on the website of the ,department4 7#b7 ,contents 7,a7 ,in general ,the report under paragraph 7#a7 shall include employment figures and demographic data for-- 7i7 the energy sector of the economy of the ,united ,states1 including-- 7,i7 the electric power generation and fuels sector2 and 7,,ii7 the transmission1 storage1 and distribution sector2 7ii7 the energy efficiency sector of the economy of the ,united ,states2 and 7iii7 the motor vehicle sector of the economy of the ,united ,states4 7,b7 ,inclusion ,with respect to each sector described in subparagraph 7,a71 the report under paragraph 7#a7 shall include employment figures and demographic data sorted by-- 7i7 each technology1 subtechnology1 and fuel type of those sectors2 and 7ii7 subject to the requirements of the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note2 ,public ,law #ajg-cdg7-- 7,i7 each ,state2 7,,ii7 each territory of the ,united ,states2 7,,iii7 the ,district of ,columbia2 and 7,,iv7 each county 7or equivalent jurisdiction7 in the ,united ,states4 #edjd4 ,assisting ,federal ,facilities with ,energy ,conservation ,technologies grant program ,there is authorized to be appropriated to the ,secretary to provide grants authorized under section #edf7;b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbef7;b771 #bej1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #edje4 ,rebates ,there are authorized to be appropriated to the ,secretary for the period of fiscal years #bjbb and #bjbc-- 7#a7 #aj1jjj1jjj for the extended product system rebate program authorized under section #ajje of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #fcaa note2 ,public ,law #aaf-bfj72 and 7#b7 #aj1jjj1jjj for the energy efficient transformer rebate program authorized under section #ajjf of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #fcag note2 ,public ,law #aaf-bfj74 #edjf4 ,model guidance for combined heat and power systems and waste heat to power systems 7a7 ,definitions ,in this section3 7#a7 ,additional services ,the term additional services means the provision of supplementary power1 backup or standby power1 maintenance power1 or interruptible power to an electric consumer by an electric utility4 7#b7 ,waste heat to power system ,the term waste heat to power system means a system that generates electricity through the recovery of waste energy4 7#c7 ,other terms 7,a7 ,purpa ,the terms electric consumer1 electric utility1 interconnection service1 nonregulated electric utility1 and ,state regulatory authority have the meanings given those terms in the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfja et seq471 within the meaning of title ,i of that ,act 7#af ,u4,s4,c4 #bfaa et seq474 7,b7 ,epca ,the terms combined heat and power system and waste energy have the meanings given those terms in section #cga of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcda74 7b7 ,review 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,federal ,energy ,regulatory ,commission and other appropriate entities1 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 #aej 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 systems4 7#b7 ,inclusion ,the review under this subsection shall include a review of existing rules and procedures relating to-- 7,a7 determining and assigning costs of interconnection service and additional services2 and 7,b7 ensuring adequate cost recovery by an electric utility for interconnection service and additional services4 7c7 ,model guidance 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,federal ,energy ,regulatory ,commission and other appropriate entities1 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 7b77#a74 7#b7 ,current best practices ,the model guidance issued under this subsection shall reflect1 to the maximum extent practicable1 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 connect1 including-- 7,a7 relevant current standards developed by the ,institute of ,electrical and ,electronic ,engineers2 and 7,b7 model codes and rules adopted by-- 7i7 ,states2 or 7ii7 associations of ,state regulatory agencies4 7#c7 ,factors for consideration ,in establishing the model guidance under this subsection1 the ,secretary shall take into consideration-- 7,a7 the appropriateness of using standards or procedures for interconnection service that vary based on unit size1 fuel type1 or other relevant characteristics2 7,b7 the appropriateness of establishing fast-track procedures for interconnection service2 7,c7 the value of consistency with ,federal interconnection rules established by the ,federal ,energy ,regulatory ,commission as of the date of enactment of this ,act2 7,d7 the best practices used to model outage assumptions and contingencies to determine fees or rates for additional services2 7,e7 the appropriate duration1 magnitude1 or usage of demand charge ratchets2 7,f7 potential alternative arrangements with respect to the procurement of additional services1 including-- 7i7 contracts tailored to individual electric consumers for additional services2 7ii7 procurement of additional services by an electric utility from a competitive market2 and 7iii7 waivers of fees or rates for additional services for small electric consumers2 and 7,g7 outcomes such as increased electric reliability1 fuel diversification1 enhanced power quality1 and reduced electric losses that may result from increased use of combined heat and power systems and waste heat to power systems4 ,,vi ,methane reduction infrastructure #fjja4 ,orphaned well site plugging1 remediation1 and restoration ,section #cdi of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijg7 is amended to read as follows3 #cdi4 ,orphaned well site plugging1 remediation1 and restoration 7a7 ,definitions ,in this section3 7#a7 ,federal land ,the term ,federal land means land administered by a land management agency within-- 7,a7 the ,department of ,agriculture2 or 7,b7 the ,department of the ,interior4 7#b7 ,idled well ,the term idled well means a well-- 7,a7 that has been nonoperational for not fewer than #d years2 and 7,b7 for which there is no anticipated beneficial future use4 7#c7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#d7 ,operator ,the term operator1 with respect to an oil or gas operation1 means any entity1 including a lessee or operating rights owner1 that has provided to a relevant authority a written statement that the entity is responsible for the oil or gas operation1 or any portion of the operation4 7#e7 ,orphaned well ,the term orphaned well-- 7,a7 with respect to ,federal land or ,tribal land1 means a well-- 7i7 7,i7 that is not used for an authorized purpose1 such as production1 injection1 or monitoring2 and 7,,ii7 7aa7 for which no operator can be located2 7bb7 the operator of which is unable-- 7,,aa7 to plug the well2 and 7,,bb7 to remediate and reclaim the well site2 or 7cc7 that is within the ,national ,petroleum ,reserve-,alaska2 and 7,b7 with respect to ,state or private land-- 7i7 has the meaning given the term by the applicable ,state2 or 7ii7 if that ,state uses different terminology1 has the meaning given another term used by the ,state to describe a well eligible for plugging1 remediation1 and reclamation by the ,state4 7#f7 ,tribal land ,the term ,tribal land means any land or interest in land owned by an ,indian ,tribe1 the title to which is-- 7,a7 held in trust by the ,united ,states2 or 7,b7 subject to a restriction against alienation under ,federal law4 7b7 ,federal program 7#a7 ,establishment ,not later than #fj days after the date of enactment of the ,energy ,infrastructure ,act1 the ,secretary shall establish a program to plug1 remediate1 and reclaim orphaned wells located on ,federal land4 7#b7 ,included activities ,the program under this subsection shall-- 7,a7 include a method of-- 7i7 identifying1 characterizing1 and inventorying orphaned wells and associated pipelines1 facilities1 and infrastructure on ,federal land2 and 7ii7 ranking those orphaned wells for priority in plugging1 remediation1 and reclamation1 based on-- 7,i7 public health and safety2 7,,ii7 potential environmental harm2 and 7,,iii7 other subsurface impacts or land use priorities2 7,b7 distribute funding in accordance with the priorities established under subparagraph 7,a77ii7 for-- 7i7 plugging orphaned wells2 7ii7 remediating and reclaiming well pads and facilities associated with orphaned wells2 7iii7 remediating soil and restoring native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines1 facilities1 and infrastructure2 and 7iv7 remediating land adjacent to orphaned wells and decommissioning or removing associated pipelines1 facilities1 and infrastructure2 7,c7 provide a public accounting of the costs of plugging1 remediation1 and reclamation for each orphaned well2 7,d7 seek to determine the identities of potentially responsible parties associated with the orphaned well 7or a surety or guarantor of such a party71 to the extent such information can be ascertained1 and make efforts to obtain reimbursement for expenditures to the extent practicable2 7,e7 measure or estimate and track-- 7i7 emissions of methane and other gases associated with orphaned wells2 and 7ii7 contamination of groundwater or surface water associated with orphaned wells2 and 7,f7 identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color1 low-income communities1 and ,tribal and indigenous communities4 7#c7 ,idled wells ,the ,secretary1 acting through the ,director of the ,bureau of ,land ,management1 shall-- 7,a7 periodically review all idled wells on ,federal land2 and 7,b7 reduce the inventory of idled wells on ,federal land4 7#d7 ,cooperation and consultation ,in carrying out the program under this subsection1 the ,secretary shall-- 7,a7 work cooperatively with-- 7i7 the ,secretary of ,agriculture2 7ii7 affected ,indian ,tribes2 and 7iii7 each ,state within which ,federal land is located2 and 7,b7 consult with-- 7i7 the ,secretary of ,energy2 and 7ii7 the ,interstate ,oil and ,gas ,compact ,commission4 7c7 ,funding for state programs 7#a7 ,in general ,the ,secretary shall provide to ,states1 in accordance with this subsection-- 7,a7 initial grants under paragraph 7#c72 7,b7 formula grants under paragraph 7#d72 and 7,c7 performance grants under paragraph 7#e74 7#b7 ,activities 7,a7 ,in general ,a ,state may use funding provided under this subsection for any of the following purposes3 7i7 ,to plug1 remediate1 and reclaim orphaned wells located on ,state-owned or privately owned land4 7ii7 ,to identify and characterize undocumented orphaned wells on ,state and private land4 7iii7 ,to rank orphaned wells based on factors including-- 7,i7 public health and safety2 7,,ii7 potential environmental harm2 and 7,,iii7 other land use priorities4 7iv7 ,to make information regarding the use of funds received under this subsection available on a public website4 7v7 ,to measure and track-- 7,i7 emissions of methane and other gases associated with orphaned wells2 and 7,,ii7 contamination of groundwater or surface water associated with orphaned wells4 7vi7 ,to remediate soil and restore native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines1 facilities1 and infrastructure4 7vii7 ,to remediate land adjacent to orphaned wells and decommission or remove associated pipelines1 facilities1 and infrastructure4 7viii7 ,to identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color1 low-income communities1 and ,tribal and indigenous communities4 7ix7 ,subject to subparagraph 7,b71 to administer a program to carry out any activities described in clauses 7i7 through 7viii74 7,b7 ,administrative cost limitation 7i7 ,in general ,except as provided in clause 7ii71 a ,state shall not use more than #aj percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph 7,a77ix74 7ii7 ,exception ,the limitation under clause 7i7 shall not apply to funds used by a ,state as described in paragraph 7#c77;,a77ii74 7#c7 ,initial grants 7,a7 ,in general ,subject to the availability of appropriations1 the ,secretary shall distribute-- 7i7 not more than #be1jjj1jjj to each ,state that submits to the ,secretary1 by not later than #ahj days after the date of enactment of ,energy ,infrastructure ,act1 a request for funding under this clause1 including-- 7,i7 an estimate of the number of jobs that will be created or saved through the activities proposed to be funded2 and 7,,ii7 a certification that-- 7aa7 the ,state is a ,member ,state or ,associate ,member ,state of the ,interstate ,oil and ,gas ,compact ,commission2 7bb7 there are #a or more documented orphaned wells located in the ,state2 and 7cc7 the ,state will use not less than #ij percent of the funding requested under this subsection to issue new contracts1 amend existing contracts1 or issue grants for plugging1 remediation1 and reclamation work by not later than #ij days after the date of receipt of the funds2 and 7ii7 not more than #e1jjj1jjj to each ,state that-- 7,i7 requests funding under this clause2 7,,ii7 does not receive a grant under clause 7i72 and 7,,iii7 certifies to the ,secretary that-- 7aa7 the ,state-- 7,,aa7 has in effect a plugging1 remediation1 and reclamation program for orphaned wells2 or 7,,bb7 the capacity to initiate such a program2 or 7bb7 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 7#d7 or a performance grant under paragraph 7#e74 7,b7 ,distribution ,subject to the availability of appropriations1 the ,secretary shall distribute funds to a ,state under this paragraph by not later than the date that is #cj days after the date on which the ,state submits to the ,secretary the certification required under clause 7i77,,ii7 or 7ii77,,iii7 of subparagraph 7,a71 as applicable4 7,c7 ,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 #a year after the date of receipt of the funds4 7,d7 ,report ,not later than #ae months after the date on which a ,state receives funds under this paragraph1 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 7,a74 7#d7 ,formula grants 7,a7 ,establishment 7i7 ,in general ,the ,secretary shall establish a formula for the distribution to each ,state described in clause 7ii7 of funds under this paragraph4 7ii7 ,description of states ,a ,state referred to in clause 7i7 is a ,state that1 by not later than #de days after the date of enactment of the ,energy ,infrastructure ,act1 submits to the ,secretary a notice of the intent of the ,state to submit an application under subparagraph 7,b71 including a description of the factors described in clause 7iii7 with respect to the ,state4 7iii7 ,factors ,the formula established under clause 7i7 shall account for1 with respect to an applicant ,state1 the following factors3 7,i7 ,job losses in the oil and gas industry in the ,state during the period-- 7aa7 beginning on ,march #a1 #bjbj2 and 7bb7 ending on the date of enactment of the ,energy ,infrastructure ,act4 7,,ii7 ,the number of documented orphaned wells located in the ,state1 and the projected cost-- 7aa7 to plug or reclaim those orphaned wells2 7bb7 to reclaim adjacent land2 and 7cc7 to decommission or remove associated pipelines1 facilities1 and infrastructure4 7iv7 ,publication ,not later than #ge days after the date of enactment of the ,energy ,infrastructure ,act1 the ,secretary shall publish on a public website the amount that each ,state is eligible to receive under the formula under this subparagraph4 7,b7 ,application ,to be eligible to receive a formula grant under this paragraph1 a ,state shall submit to the ,secretary an application that includes-- 7i7 a description of-- 7,i7 the ,state program for orphaned well plugging1 remediation1 and restoration1 including legal authorities1 processes used to identify and prioritize orphaned wells1 procurement mechanisms1 and other program elements demonstrating the readiness of the ,state to carry out proposed activities using the grant2 7,,ii7 the activities to be carried out with the grant1 including an identification of the estimated health1 safety1 habitat1 and environmental benefits of plugging1 remediating1 or reclaiming orphaned wells2 and 7,,iii7 the means by which the information regarding the activities of the ,state under this paragraph will be made available on a public website2 7ii7 an estimate of-- 7,i7 the number of orphaned wells in the ,state that will be plugged1 remediated1 or reclaimed2 7,,ii7 the projected cost of-- 7aa7 plugging1 remediating1 or reclaiming orphaned wells2 7bb7 remediating or reclaiming adjacent land2 and 7cc7 decommissioning or removing associated pipelines1 facilities1 and infrastructure2 7,,iii7 the amount of that projected cost that will be offset by the forfeiture of financial assurance instruments1 the estimated salvage of well site equipment1 or other proceeds from the orphaned wells and adjacent land2 7,,iv7 the number of jobs that will be created or saved through the activities to be funded under this paragraph2 and 7,v7 the amount of funds to be spent on administrative costs2 7iii7 a certification that any financial assurance instruments available to cover plugging1 remediation1 or reclamation costs will be used by the ,state2 and 7iv7 the definitions and processes used by the ,state to formally identify a well as-- 7,i7 an orphaned well2 or 7,,ii7 if the ,state uses different terminology1 otherwise eligible for plugging1 remediation1 and reclamation by the ,state4 7,c7 ,distribution ,subject to the availability of appropriations1 the ,secretary shall distribute funds to a ,state under this paragraph by not later than the date that is #fj days after the date on which the ,state submits to the ,secretary a completed application under subparagraph 7,b74 7,d7 ,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 #e years after the date of receipt of the funds4 7,e7 ,consultation ,in making a determination under this paragraph regarding the eligibility of a ,state to receive a formula grant1 the ,secretary shall consult with-- 7i7 the ,administrator of the ,environmental ,protection ,agency2 7ii7 the ,secretary of ,energy2 and 7iii7 the ,interstate ,oil and ,gas ,compact ,commission4 7#e7 ,performance grants 7,a7 ,establishment ,the ,secretary shall provide to ,states1 in accordance with this paragraph-- 7i7 regulatory improvement grants under subparagraph 7,e72 and 7ii7 matching grants under subparagraph 7,f74 7,b7 ,application ,to be eligible to receive a grant under this paragraph1 a ,state shall submit to the ,secretary an application including-- 7i7 each element described in an application for a grant under paragraph 7#d77;,b72 7ii7 activities carried out by the ,state to address orphaned wells located in the ,state1 including-- 7,i7 increasing ,state spending on well plugging1 remediation1 and reclamation2 or 7,,ii7 improving regulation of oil and gas wells2 and 7iii7 the means by which the ,state will use funds provided under this paragraph-- 7,i7 to lower unemployment in the ,state2 and 7,,ii7 to improve economic conditions in economically distressed areas of the ,state4 7,c7 ,distribution ,subject to the availability of appropriations1 the ,secretary shall distribute funds to a ,state under this paragraph by not later than the date that is #fj days after the date on which the ,state submits to the ,secretary a completed application under subparagraph 7,b74 7,d7 ,consultation ,in making a determination under this paragraph regarding the eligibility of a ,state to receive a grant under subparagraph 7,e7 or 7,f71 the ,secretary shall consult with-- 7i7 the ,administrator of the ,environmental ,protection ,agency2 7ii7 the ,secretary of ,energy2 and 7iii7 the ,interstate ,oil and ,gas ,compact ,commission4 7,e7 ,regulatory improvement grants 7i7 ,in general ,beginning on the date that is #ahj days after the date on which an initial grant is provided to a ,state under paragraph 7#c71 the ,secretary shall1 subject to the availability of appropriations1 provide to the ,state a regulatory improvement grant under this subparagraph1 if the ,state meets1 during the #aj-year period ending on the date on which the ,state submits to the ,secretary an application under subparagraph 7,b71 #a of the following criteria3 7,i7 ,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 resources1 public health and safety1 and the environment4 7,,ii7 ,the ,state has made improvements to ,state programs designed to reduce future orphaned well burdens1 such as financial assurance reform1 alternative funding mechanisms for orphaned well programs1 and reforms to programs relating to well transfer or temporary abandonment4 7ii7 ,limitations 7,i7 ,number ,the ,secretary may issue to a ,state under this subparagraph not more than #a grant for each criterion described in subclause 7,i7 or 7,,ii7 of clause 7i74 7,,ii7 ,maximum amount ,the amount of a single grant provided to a ,state under this subparagraph shall be not more than #bj1jjj1jjj4 7iii7 ,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 which1 during the #aj-year period beginning on the date of receipt of the grant1 the ,state enacts a law or regulation that1 if in effect on the date of submission of the application under subparagraph 7,b71 would have prevented the ,state from being eligible to receive the grant under clause 7i74 7,f7 ,matching grants 7i7 ,in general ,beginning on the date that is #ahj days after the date on which an initial grant is provided to a ,state under paragraph 7#c71 the ,secretary shall1 subject to the availability of appropriations1 provide to the ,state funding1 in an amount equal to the difference between-- 7,i7 the average annual amount expended by the ,state during the period of fiscal years #bjaj through #bjai-- 7aa7 to plug1 remediate1 and reclaim orphaned wells2 and 7bb7 to decommission or remove associated pipelines1 facilities1 or infrastructure2 and 7,,ii7 the amount that the ,state certifies to the ,secretary the ,state will expend1 during the fiscal year in which the ,state will receive the grant under this subparagraph-- 7aa7 to plug1 remediate1 and reclaim orphaned wells2 7bb7 to remediate or reclaim adjacent land2 and 7cc7 to decommission or remove associated pipelines1 facilities1 and infrastructure4 7ii7 ,limitations 7,i7 ,fiscal year ,the ,secretary may issue to a ,state under this subparagraph not more than #a grant for each fiscal year4 7,,ii7 ,total funds provided ,the ,secretary may provide to a ,state under this subparagraph a total amount equal to not more than #cj1jjj1jjj during the period of fiscal years #bjbb through #bjca4 7d7 ,tribal orphaned well site plugging1 remediation1 and restoration 7#a7 ,establishment ,the ,secretary shall establish a program under which the ,secretary shall-- 7,a7 provide to ,indian ,tribes grants in accordance with this subsection2 or 7,b7 on request of an ,indian ,tribe and in lieu of a grant under subparagraph 7,a71 administer and carry out plugging1 remediation1 and reclamation activities in accordance with paragraph 7#g74 7#b7 ,eligible activities 7,a7 ,in general ,an ,indian ,tribe may use a grant received under this subsection-- 7i7 to plug1 remediate1 or reclaim an orphaned well on ,tribal land2 7ii7 to remediate soil and restore native species habitat that has been degraded due to the presence of an orphaned well or associated pipelines1 facilities1 or infrastructure on ,tribal land2 7iii7 to remediate ,tribal land adjacent to orphaned wells and decommission or remove associated pipelines1 facilities1 and infrastructure2 7iv7 to provide an online public accounting of the cost of plugging1 remediation1 and reclamation for each orphaned well site on ,tribal land2 7v7 to identify and characterize undocumented orphaned wells on ,tribal land2 and 7vi7 to develop or administer a ,tribal program to carry out any activities described in clauses 7i7 through 7v74 7,b7 ,administrative cost limitation 7i7 ,in general ,except as provided in clause 7ii71 an ,indian ,tribe shall not use more than #aj percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph 7,a77vi74 7ii7 ,exception ,the limitation under clause 7i7 shall not apply to any funds used to carry out an administrative action necessary for the development of a ,tribal program described in subparagraph 7,a77vi74 7#c7 ,factors for consideration ,in determining whether to provide to an ,indian ,tribe a grant under this subsection1 the ,secretary shall take into consideration-- 7,a7 the unemployment rate of the ,indian ,tribe on the date on which the ,indian ,tribe submits an application under paragraph 7#d72 and 7,b7 the estimated number of orphaned wells on the ,tribal land of the ,indian ,tribe4 7#d7 ,application ,to be eligible to receive a grant under this subsection1 an ,indian ,tribe shall submit to the ,secretary an application that includes-- 7,a7 a description of-- 7i7 the ,tribal program for orphaned well plugging1 remediation1 and restoration1 including legal authorities1 processes used to identify and prioritize orphaned wells1 procurement mechanisms1 and other program elements demonstrating the readiness of the ,indian ,tribe to carry out the proposed activities1 or plans to develop such a program2 and 7ii7 the activities to be carried out with the grant1 including an identification of the estimated health1 safety1 habitat1 and environmental benefits of plugging1 remediating1 or reclaiming orphaned wells and remediating or reclaiming adjacent land2 and 7,b7 an estimate of-- 7i7 the number of orphaned wells that will be plugged1 remediated1 or reclaimed2 and 7ii7 the projected cost of-- 7,i7 plugging1 remediating1 or reclaiming orphaned wells2 7,,ii7 remediating or reclaiming adjacent land2 and 7,,iii7 decommissioning or removing associated pipelines1 facilities1 and infrastructure4 7#e7 ,distribution ,subject to the availability of appropriations1 the ,secretary shall distribute funds to an ,indian ,tribe under this subsection by not later than the date that is #fj days after the date on which the ,indian ,tribe submits to the ,secretary a completed application under paragraph 7#d74 7#f7 ,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 #e years after the date of receipt of the funds1 except for cases in which the ,secretary has granted the ,indian ,tribe an extended deadline for completion of the eligible activities after consultation4 7#g7 ,delegation to secretary in lieu of a grant 7,a7 ,in general ,in lieu of a grant under this subsection1 an ,indian ,tribe may submit to the ,secretary a request for the ,secretary to administer and carry out plugging1 remediation1 and reclamation activities relating to an orphaned well on behalf of the ,indian ,tribe4 7,b7 ,administration ,subject to the availability of appropriations under subsection 7h77#a77;,e71 on submission of a request under subparagraph 7,a71 the ,secretary shall administer or carry out plugging1 remediation1 and reclamation activities for an orphaned well on ,tribal land4 7e7 ,technical assistance ,the ,secretary of ,energy1 in cooperation with the ,secretary and the ,interstate ,oil and ,gas ,compact ,commission1 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 land1 ,tribal land1 and ,state and private land1 including the sharing of best practices in the management of oil and gas well inventories to ensure the availability of funds to plug1 remediate1 and restore oil and gas well sites on cessation of operation4 7f7 ,report to congress ,not later than #a year after the date of enactment of the ,energy ,infrastructure ,act1 and not less frequently than annually thereafter1 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 section1 including-- 7#a7 an updated inventory of wells located on ,federal land1 ,tribal land1 and ,state and private land that are-- 7,a7 orphaned wells2 or 7,b7 at risk of becoming orphaned wells2 7#b7 an estimate of the quantities of-- 7,a7 methane and other gasses emitted from orphaned wells2 and 7,b7 emissions reduced as a result of plugging1 remediating1 and reclaiming orphaned wells2 7#c7 the number of jobs created and saved through the plugging1 remediation1 and reclamation of orphaned wells2 and 7#d7 the acreage of habitat restored using grants awarded to plug1 remediate1 and reclaim orphaned wells and to remediate or reclaim adjacent land1 together with a description of the purposes for which that land is likely to be used in the future4 7g7 ,effect of section 7#a7 ,no expansion of liability ,nothing in this section establishes or expands the responsibility or liability of any entity with respect to-- 7,a7 plugging any well2 or 7,b7 remediating or reclaiming any well site4 7#b7 ,tribal land ,nothing in this section-- 7,a7 relieves the ,secretary of any obligation under section #c of the ,act of ,may #aa1 #aich 7#be ,u4,s4,c4 #cif;c2 #eb ,stat4 #cdh1 chapter #aih71 to plug1 remediate1 or reclaim an orphaned well located on ,tribal land2 or 7,b7 absolves the ,united ,states from a responsibility to plug1 remediate1 or reclaim an orphaned well located on ,tribal land or any other responsibility to an ,indian ,tribe1 including any responsibility that derives from-- 7i7 the trust relationship between the ,united ,states and ,indian ,tribes2 7ii7 any treaty1 law1 or ,executive order2 or 7iii7 any agreement between the ,united ,states and an ,indian ,tribe4 7#c7 ,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-- 7,a7 reimbursement of any plugging or reclamation costs associated with the well2 or 7,b7 any adverse effect of the well on the environment4 7h7 ,authorization of appropriations ,there are authorized to be appropriated for fiscal year #bjbb1 to remain available until ,september #cj1 #bjcj3 7#a7 to the ,secretary-- 7,a7 #bej1jjj1jjj to carry out the program under subsection 7b72 7,b7 #gge1jjj1jjj to provide grants under subsection 7c77#c72 7,c7 #b1jjj1jjj1jjj to provide grants under subsection 7c77#d72 7,d7 #a1ejj1jjj1jjj to provide grants under subsection 7c77#e72 and 7,e7 #aej1jjj1jjj to carry out the program under subsection 7d72 7#b7 to the ,secretary of ,energy1 #cj1jjj1jjj to conduct research and development activities in cooperation with the ,interstate ,oil and ,gas ,compact ,commission to assist the ,federal land management agencies1 ,states1 and ,indian ,tribes in-- 7,a7 identifying and characterizing undocumented orphaned wells2 and 7,b7 mitigating the environmental risks of undocumented orphaned wells2 and 7#c7 to the ,interstate ,oil and ,gas ,compact ,commission1 #b1jjj1jjj to carry out this section4 4 ,,vii ,abandoned mine land reclamation #gjja4 ,abandoned ,mine ,reclamation ,fund authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated1 for deposit into the ,abandoned ,mine ,reclamation ,fund established by section #dja7;a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca7;a77 #aa1bic1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 7b7 ,use of funds 7#a7 ,in general ,subject to subsection 7g71 amounts made available under subsection 7a7 shall be used to provide1 as expeditiously as practicable1 to ,states and ,indian ,tribes described in paragraph 7#b7 annual grants for abandoned mine land and water reclamation projects under the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq474 7#b7 ,eligible grant recipients ,grants may be made under paragraph 7#a7 to-- 7,a7 ,states and ,indian ,tribes that have a ,state or ,tribal program approved under section #dje of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abce72 7,b7 ,states and ,indian ,tribes that are certified under section #daa7;a7 of that ,act 7#cj ,u4,s4,c4 #abdj;a7a772 and 7,c7 ,states and ,indian ,tribes that are referred to in section #djb7;g77#h77;,b7 of that ,act 7#cj ,u4,s4,c4 #abcb7;g77#h77;,b774 7#c7 ,contract aggregation ,in applying for grants under paragraph 7#a71 ,states and ,indian ,tribes may aggregate bids into larger statewide or regional contracts4 7c7 ,covered activities ,grants under subsection 7b77#a7 shall only be used for activities described in subsections 7a7 and 7b7 of section #djc and section #daj of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcc1 #abdj74 7d7 ,allocation 7#a7 ,in general ,subject to subsection 7e71 the ,secretary of the ,interior shall allocate and distribute amounts made available for grants under subsection 7b77#a7 to ,states and ,indian ,tribes on an equal annual basis over a #ae-year period beginning on the date of enactment of this ,act1 based on the number of tons of coal historically produced in the ,states or from the applicable ,indian land before ,august #c1 #aigg1 regardless of whether the ,state or ,indian ,tribe is certified under section #daa7;a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abdj;a7a774 7#b7 ,surface mining control and reclamation ,act exception ,section #dja7;f77#c77;,b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca7;f77#c77;,b77 shall not apply to grant funds distributed under subsection 7b77#a74 7#c7 ,report to ,congress on allocations 7,a7 ,in general ,not later than #f years after the date on which the first allocation to ,states and ,indian ,tribes is made under paragraph 7#a71 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 7a7 or 7b7 of section #djc or section #daj of the ,surface ,mining ,control and ,reclamation and ,act of #aigg 7#cj ,u4,s4,c4 #abcc1 #abdj74 7,b7 ,input ,the ,secretary of the ,interior shall-- 7i7 prior to submitting the report under subparagraph 7,a71 solicit the input of the ,states and ,indian ,tribes regarding the progress referred to in that subparagraph2 and 7ii7 include in the report submitted to ,congress under that subparagraph a description of any input received under clause 7i74 7#d7 ,redistribution of funds 7,a7 ,evaluation ,not later than #bj years after the date of enactment of this ,act1 the ,secretary of the ,interior shall evaluate grant payments to ,states and ,indian ,tribes made under this section4 7,b7 ,unused funds ,on completion of the evaluation under subparagraph 7,a71 ,states and ,indian ,tribes shall return any unused funds under this section to the ,abandoned ,mine ,reclamation ,fund4 7e7 ,total amount of grant ,the total amount of grant funding provided under subsection 7b77#a7 to an eligible ,state or ,indian ,tribe shall be not less than #bj1jjj1jjj1 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 #bj1jjj1jjj4 7f7 ,priority ,in addition to the priorities described in section #djc7;a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcc7;a771 in providing grants under this section1 priority may also be given to reclamation projects described in subsection 7b77#a7 that provide employment for current and former employees of the coal industry4 7g7 ,reservation ,of the funds made available under subsection 7a71 #be1jjj1jjj 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 #djc7;c7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcc7;c774 #gjjb4 ,abandoned mine reclamation fee 7a7 ,amount ,section #djb7;a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;a77 is amended-- 7#a7 by striking #bh cents and inserting #bb4d cents2 7#b7 by striking #ab cents and inserting #i4f cents2 and 7#c7 by striking #h cents and inserting #f4d cents4 7b7 ,duration ,section #djb7;b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;b77 is amended by striking ,september #cj1 #bjba and inserting ,september #cj1 #bjcd4 #gjjc4 ,amounts distributed from ,abandoned ,mine ,reclamation ,fund ,section #dja7;f77#b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca7;f77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the subparagraph heading1 by striking #bjbb and inserting #bjce2 and 7,b7 in the matter preceding clause 7i71 by striking #bjbb and inserting #bjce2 and 7#b7 in subparagraph 7,b7-- 7,a7 in the subparagraph heading1 by striking #bjbc and inserting #bjcf2 7,b7 by striking #bjbc and inserting #bjcf2 and 7,c7 by striking #bjbb and inserting #bjce4 #gjjd4 ,abandoned hardrock mine reclamation 7a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of the ,interior 7referred to in this section as the ,secretary7 shall establish a program to inventory1 assess1 decommission1 reclaim1 respond to hazardous substance releases on1 and remediate abandoned hardrock mine land based on conditions including need1 public health and safety1 potential environmental harm1 and other land use priorities4 7b7 ,award of grants ,subject to the availability of funds1 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 land4 7c7 ,eligibility ,amounts made available under this section may only be used for ,federal1 ,state1 ,tribal1 local1 and private land that has been affected by past hardrock mining activities1 and water resources that traverse or are contiguous to such land1 including any of the following3 7#a7 ,land and water resources that were-- 7,a7 used for1 or affected by1 hardrock mining activities2 and 7,b7 abandoned or left in an inadequate reclamation status before the date of enactment of this ,act4 7#b7 ,land for which the ,secretary makes a determination that there is no continuing reclamation responsibility of a claim holder1 liable party1 operator1 or other person that abandoned the site prior to completion of required reclamation under ,federal or ,state law4 7d7 ,eligible activities 7#a7 ,in general ,amounts made available to carry out this section shall be used for the purposes described in subsection 7a74 7#b7 ,exclusion ,amounts made available to carry out this section may not be used to fulfill obligations under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 agreed to in a legal settlement or imposed by a court1 whether for payment of funds or for work to be performed4 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #c1jjj1jjj1jjj1 to remain available until expended1 of which-- 7,a7 #ej percent shall be for grants to ,states and ,indian ,tribes under subsection 7b7 for eligible activities described in subsection 7d77#a72 and 7,b7 #ej percent shall be for available to the ,secretary for eligible activities described in subsection 7d77#a7 on ,federal land4 7#b7 ,transfer ,the ,secretary may transfer amounts made available to the ,secretary under paragraph 7#a77;,b7 to the ,secretary of ,agriculture for activities described in subsection 7a7 on ,national ,forest ,system land4 ,,viii ,natural resources-related infrastructure1 wildfire management1 and ecosystem restoration #hjja4 ,forest ,service ,legacy ,road and ,trail ,remediation ,program 7a7 ,establishment ,public ,law #hh-feg 7#af ,u4,s4,c4 #ecb et seq47 7commonly known as the ,forest ,roads and ,trails ,act7 is amended by adding at the end the following3 #h4 ,forest ,service ,legacy ,road and ,trail ,remediation ,program 7a7 ,establishment ,the ,secretary shall establish the ,forest ,service ,legacy ,road and ,trail ,remediation ,program 7referred to in this section as the ,program74 7b7 ,activities ,in carrying out the ,program1 the ,secretary shall1 taking into account foreseeable changes in weather and hydrology-- 7#a7 restore passages for fish and other aquatic species by-- 7,a7 improving1 repairing1 or replacing culverts and other infrastructure2 and 7,b7 removing barriers1 as the ,secretary determines appropriate1 from the passages2 7#b7 decommission unauthorized user-created roads and trails that are not a ,national ,forest ,system road or a ,national ,forest ,system trail1 if the applicable unit of the ,national ,forest ,system has published-- 7,a7 a ,motor ,vehicle ,use ,map and the road is not identified as a ,national ,forest ,system road on that ,motor ,vehicle ,use ,map2 or 7,b7 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 map2 7#c7 prepare previously closed ,national ,forest ,system roads for long-term storage1 in accordance with subsections 7c77#a7 and 7d71 in a manner that-- 7,a7 prevents motor vehicle use1 as appropriate to conform to route designations2 7,b7 prevents the roads from damaging adjacent resources1 including aquatic and wildlife resources2 7,c7 reduces or eliminates the need for road maintenance2 and 7,d7 preserves the roads for future use2 7#d7 decommission previously closed ,national ,forest ,system roads and trails in accordance with subsections 7c77#a7 and 7d72 7#e7 relocate ,national ,forest ,system roads and trails-- 7,a7 to increase resilience to extreme weather events1 flooding1 and other natural disasters2 and 7,b7 to respond to changing resource conditions and public input2 7#f7 convert ,national ,forest ,system roads to ,national ,forest ,system trails1 while allowing for continued use for motorized and nonmotorized recreation1 to the extent the use is compatible with the management status of the road or trail2 7#g7 decommission temporary roads-- 7,a7 that were constructed before the date of enactment of this section-- 7i7 for emergency operations2 or 7ii7 to facilitate a resource extraction project2 7,b7 that were designated as a temporary road by the ,secretary2 and 7,c7 7i7 in violation of section #aj7;b7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjh7;b771 on which vegetation cover has not been reestablished2 or 7ii7 that have not been fully decommissioned2 and 7#h7 carry out projects on ,national ,forest ,system roads1 trails1 and bridges to improve resilience to extreme weather events1 flooding1 or other natural disasters4 7c7 ,project selection 7#a7 ,project eligibility 7,a7 ,in general ,the ,secretary may only fund under the ,program a project described in paragraph 7#c7 or 7#d7 of subsection 7b7 if the ,secretary previously and separately-- 7i7 solicited public comment for changing the management status of the applicable ,national ,forest ,system road or trail-- 7,i7 to close the road or trail to access2 and 7,,ii7 to minimize impacts to natural resources2 and 7ii7 has closed the road or trail to access as described in clause 7i77,i74 7,b7 ,requirement ,each project carried out under the ,program shall be on a ,national ,forest ,system road or trail1 except with respect to-- 7i7 a project described in subsection 7b77#b72 or 7ii7 a project carried out on a watershed for which the ,secretary has entered into a cooperative agreement under section #cbc of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7#af ,u4,s4,c4 #ajaa;a74 7#b7 ,annual selection of projects for funding ,the ,secretary shall-- 7,a7 establish a process for annually selecting projects for funding under the ,program1 consistent with the requirements of this section2 7,b7 solicit and consider public input regionally in the ranking of projects for funding under the ,program2 7,c7 give priority for funding under the ,program to projects that would-- 7i7 protect or improve water quality in public drinking water source areas2 7ii7 restore the habitat of a threatened1 endangered1 or sensitive fish or wildlife species2 or 7iii7 maintain future access to the adjacent area for the public1 contractors1 permittees1 or firefighters2 and 7,d7 publish on the website of the ,forest ,service-- 7i7 the selection process established under subparagraph 7,a72 and 7ii7 a list that includes a description and the proposed outcome of each project funded under the ,program in each fiscal year4 7d7 ,implementation ,in implementing the ,program1 the ,secretary shall ensure that-- 7#a7 the system of roads and trails on the applicable unit of the ,national ,forest ,system-- 7,a7 is adequate to meet any increasing demands for timber1 recreation1 and other uses2 7,b7 provides for intensive use1 protection1 development1 and management of the land under principles of multiple use and sustained yield of products and services2 7,c7 does not damage1 degrade1 or impair adjacent resources1 including aquatic and wildlife resources1 to the extent practicable2 7,d7 reflects long-term funding expectations2 and 7,e7 is adequate for supporting emergency operations1 such as evacuation routes during wildfires1 floods1 and other natural disasters2 and 7#b7 all projects funded under the ,program are consistent with any applicable forest plan or travel management plan4 7e7 ,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 closures4 4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,agriculture to carry out section #h of ,public ,law #hh-feg 7commonly known as the ,forest ,roads and ,trails ,act7 #bej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #hjjb4 ,study and report on feasibility of revegetating reclaimed mine sites 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior1 acting through the ,director of the ,office of ,surface ,mining ,reclamation and ,enforcement1 shall conduct1 and submit to ,congress a report describing the results of1 a study on the feasibility of revegetating reclaimed mined sites4 7b7 ,inclusions ,the report submitted under subsection 7a7 shall include-- 7#a7 recommendations for how a program could be implemented through the ,office of ,surface ,mining ,reclamation and ,enforcement to revegetate reclaimed mined sites2 7#b7 identifications of reclaimed mine sites that would be suitable for inclusion in such a program1 including sites on land that-- 7,a7 is subject to title ,,iv of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq472 and 7,b7 is not subject to that title2 7#c7 a description of any barriers to implementation of such a program1 including whether the program would potentially interfere with the authorities contained in1 or the implementation of1 the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq471 including the ,abandoned ,mine ,reclamation ,fund created by section #dja of that ,act 7#cj ,u4,s4,c4 #abca7 and ,state reclamation programs under section #dje of that ,act 7#cj ,u4,s4,c4 #abce72 and 7#d7 a description of the potential for job creation and workforce needs if such a program was implemented4 #hjjc4 ,wildfire risk reduction 7a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of the ,interior and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 for the activities described in subsection 7c71 #c1cfi1bjj1jjj for the period of fiscal years #bjbb through #bjbf4 7b7 ,treatment ,of the ,federal land or ,indian forest land or rangeland that has been identified as having a very high wildfire hazard potential1 the ,secretary of the ,interior and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 shall1 by not later than ,september #cj1 #bjbg1 conduct restoration treatments and improve the ,fire ,regime ,condition ,class of #aj1jjj1jjj acres that are located in-- 7#a7 the wildland-urban interface2 or 7#b7 a public drinking water source area4 7c7 ,activities ,of the amounts made available under subsection 7a7 for the period of fiscal years #bjbb through #bjbf-- 7#a7 #bj1jjj1jjj 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 prevention1 of which-- 7,a7 #aj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #aj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#b7 #fjj1jjj1jjj shall be made available for the salaries and expenses of ,federal wildland firefighters in accordance with subsection 7d71 of which-- 7,a7 #abj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #dhj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#c7 #aj1jjj1jjj 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 agency2 7#d7 #cj1jjj1jjj shall be made available to the ,secretary of ,agriculture to provide financial assistance to ,states1 ,indian ,tribes1 and units of local government to establish and operate ,reverse-#iaa telecommunication systems2 7#e7 #ej1jjj1jjj 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 engines2 7#f7 #a1bjj1jjj shall be made available to the ,secretary of ,agriculture1 in coordination with the ,secretary of the ,interior1 to develop and publish1 not later than #ahj days after the date of enactment of this ,act1 and every #e years thereafter1 a map depicting at-risk communities 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa771 including ,tribal at-risk communities2 7#g7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior and the ,secretary of ,agriculture-- 7,a7 for-- 7i7 preplanning fire response workshops that develop-- 7,i7 potential operational delineations2 and 7,,ii7 select potential control locations2 and 7ii7 workforce training for staff1 non-,federal firefighters1 and ,native village fire crews for-- 7,i7 wildland firefighting2 and 7,,ii7 increasing the pace and scale of vegetation treatments1 including training on how to prepare and implement large landscape treatments2 and 7,b7 of which-- 7i7 #ej1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7ii7 #ej1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#h7 #bj1jjj1jjj 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 #bjjd 7#af ,u4,s4,c4 #fgja et seq47-- 7,a7 to compile and display existing data1 including geographic data1 for hazardous fuel reduction or wildfire prevention treatments undertaken by the ,secretary of the ,interior or the ,secretary of ,agriculture1 including treatments undertaken with funding provided under this title2 7,b7 to compile and display existing data1 including geographic data1 for large wildfires1 as defined by the ,national ,wildfire ,coordinating ,group1 that occur in the ,united ,states2 7,c7 to facilitate coordination and use of existing and future interagency fuel treatment data1 including geographic data1 for the purposes of-- 7i7 assessing and planning cross-boundary fuel treatments2 and 7ii7 monitoring the effects of treatments on wildfire outcomes and ecosystem restoration services1 using the data compiled under subparagraphs 7,a7 and 7,b72 7,d7 to publish a report every #e years showing the extent to which treatments described in subparagraph 7,a7 and previous wildfires affect the boundaries of wildfires1 categorized by-- 7i7 ,federal land management agency2 7ii7 region of the ,united ,states2 and 7iii7 treatment type2 and 7,e7 to carry out other related activities of a ,southwest ,ecological ,restoration ,institute1 as authorized by the ,southwest ,forest ,health and ,wildfire ,prevention ,act of #bjjd 7#af ,u4,s4,c4 #fgja et seq472 7#i7 #bj1jjj1jjj shall be available for activities conducted under the ,joint ,fire ,science ,program1 of which-- 7,a7 #aj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #aj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#aj7 #ajj1jjj1jjj shall be made available to the ,secretary of ,agriculture for collaboration and collaboration-based activities1 including facilitation1 certification of collaboratives1 and planning and implementing projects under the ,collaborative ,forest ,landscape ,restoration ,program established under section #djjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc7 in accordance with subsection 7e72 7#aa7 #ejj1jjj1jjj shall be made available to the ,secretary of the ,interior and the ,secretary of ,agriculture-- 7,a7 for-- 7i7 conducting mechanical thinning and timber harvesting in an ecologically appropriate manner that maximizes the retention of large trees1 as appropriate for the forest type1 to the extent that the trees promote fire-resilient stands2 or 7ii7 precommercial thinning in young growth stands for wildlife habitat benefits to provide subsistence resources2 and 7,b7 of which-- 7i7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7ii7 #djj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#ab7 #ejj1jjj1jjj shall be made available to the ,secretary of ,agriculture1 in cooperation with ,states1 to award community wildfire defense grants to at-risk communities in accordance with subsection 7f72 7#ac7 #ejj1jjj1jjj shall be made available for planning and conducting prescribed fires and related activities1 of which-- 7,a7 #bej1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #bej1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#ad7 #ejj1jjj1jjj shall be made available for developing or improving potential control locations1 in accordance with paragraph 7#g77;,a77i77,,ii71 including installing fuelbreaks 7including fuelbreaks studied under subsection 7i771 with a focus on shaded fuelbreaks when ecologically appropriate1 of which-- 7,a7 #bej1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #bej1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#ae7 #bjj1jjj1jjj 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 treatments1 to the extent practicable1 to produce biochar and other innovative wood products1 including through the use of existing locally based organizations that engage young adults1 ,native youth1 and veterans in service projects1 such as youth and conservation corps1 of which-- 7,a7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #ajj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#af7 #bjj1jjj1jjj shall be made available for post-fire restoration activities that are implemented not later than #c years after the date that a wildland fire is contained1 of which-- 7,a7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #ajj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#ag7 #h1jjj1jjj shall be made available to the ,secretary of ,agriculture-- 7,a7 to provide feedstock to firewood banks2 and 7,b7 to provide financial assistance for the operation of firewood banks2 and 7#ah7 #aj1jjj1jjj 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 equipment1 such as sensors1 cameras1 and other relevant equipment1 in areas at risk of wildfire or post-burned areas4 7d7 ,wildland firefighters 7#a7 ,in general ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall1 using the amounts made available under subsection 7c77#b71 coordinate with the ,director of the ,office of ,personnel ,management to develop a distinct wildland firefighter occupational series4 7#b7 ,hazardous duty differential not affected ,section #eede7;d77#a7 of title #e1 ,united ,states ,code1 is amended by striking except and all that follows through and at the end and inserting the following3 8except-- 7,a7 an employee in an occupational series covering positions for which the primary duties involve the prevention1 control1 suppression1 or management of wildland fires1 as determined by the ,office2 and 7,b7 in such other circumstances as the ,office may by regulation prescribe2 and 4 7#c7 ,current employees ,any individual employed as a wildland firefighter on the date on which the occupational series established under paragraph 7#a7 takes effect may elect-- 7,a7 to remain in the occupational series in which the individual is employed2 or 7,b7 to be included in the wildland firefighter occupational series established under that paragraph4 7#d7 ,permanent employees2 increase in salary ,using the amounts made available under subsection 7c77#b71 beginning ,october #a1 #bjba1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall-- 7,a7 seek to convert not fewer than #a1jjj seasonal wildland firefighters to wildland firefighters that-- 7i7 are full-time1 permanent1 year-round ,federal employees2 and 7ii7 reduce hazardous fuels on ,federal land not fewer than #hjj hours per year2 and 7,b7 increase the base salary of a ,federal wildland firefighter by the lesser of an amount that is commensurate with an increase of #bj1jjj per year or an amount equal to #ej percent of the base salary1 if the ,secretary concerned1 in coordination with the ,director of the ,office of ,personnel ,management1 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 firefighter4 7#e7 ,national wildfire coordinating group ,using the amounts made available under subsection 7c77#b71 not later than ,october #a1 #bjbb1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall-- 7,a7 develop and adhere to recommendations for mitigation strategies for wildland firefighters to minimize exposure due to line-of-duty environmental hazards2 and 7,b7 establish programs for permanent1 temporary1 seasonal1 and year-round wildland firefighters to recognize and address mental health needs1 including post-traumatic stress disorder care4 7e7 ,collaborative forest landscape restoration program ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall1 using the amounts made available under subsection 7c77#aj7-- 7#a7 solicit new project proposals under the ,collaborative ,forest ,landscape ,restoration ,program established under section #djjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc7 7referred to in this subsection as the ,program72 7#b7 provide up to #e years of additional funding of any proposal originally selected for funding under the ,program prior to ,september #cj1 #bjah-- 7,a7 that has been approved for an extension of funding by the ,secretary of ,agriculture prior to the date of enactment of this ,act2 or 7,b7 that has been recommended for an extension of funding by the advisory panel established under section #djjc7;e7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc7;e77 prior to the date of enactment of this ,act that the ,secretary of ,agriculture subsequently approves2 and 7#c7 select project proposals for funding under the ,program in a manner that-- 7,a7 gives priority to a project proposal that will treat acres that-- 7i7 have been identified as having very high wildfire hazard potential2 and 7ii7 are located in-- 7,i7 the wildland-urban interface2 or 7,,ii7 a public drinking water source area2 7,b7 takes into consideration-- 7i7 the cost per acre of ,federal land or ,indian forest land or rangeland acres described in subparagraph 7,a7 to be treated2 and 7ii7 the number of acres described in subparagraph 7,a7 to be treated2 7,c7 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 treatments1 which is not limited to an earlier proposal funded under the ,program2 and 7,d7 discontinues funding for a project that fails to achieve the results included in a project proposal submitted under paragraph 7#a7 for more than #b consecutive years4 7f7 ,community wildfire defense grant program 7#a7 ,establishment ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall1 using amounts made available under subsection 7c77#ab71 establish a program1 which shall be separate from the program established under section #bjc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc71 under which the ,secretary of ,agriculture1 in cooperation with the ,states1 shall award grants to at-risk communities1 including ,indian ,tribes-- 7,a7 to develop or revise a community wildfire protection plan2 and 7,b7 to carry out projects described in a community wildfire protection plan that is not more than #aj years old4 7#b7 ,priority ,in awarding grants under the program described in paragraph 7#a71 the ,secretary of ,agriculture shall give priority to an at-risk community that is-- 7,a7 in an area identified by the ,secretary of ,agriculture as having high or very high wildfire hazard potential2 7,b7 a low-income community2 or 7,c7 a community impacted by a severe disaster4 7#c7 ,community wildfire defense grants 7,a7 ,grant amounts ,a grant-- 7i7 awarded under paragraph 7#a77;,a7 shall be for not more than #bej1jjj2 and 7ii7 awarded under paragraph 7#a77;,b7 shall be for not more than #aj1jjj1jjj4 7,b7 ,cost sharing requirement 7i7 ,in general ,expect as provided in clause 7ii71 the non-,federal cost 7including the administrative cost7 of carrying out a project using funds from a grant awarded under the program described in paragraph 7#a7 shall be-- 7,i7 not less than #aj percent for a grant awarded under paragraph 7#a77;,a72 and 7,,ii7 not less than #be percent for a grant awarded under paragraph 7#a77;,b74 7ii7 ,waiver ,the ,secretary of ,agriculture may waive the cost-sharing requirement under clause 7i7 for a project that serves an underserved community4 7,c7 ,eligibility ,the ,secretary of ,agriculture shall not award a grant under paragraph 7#a7 to an at-risk community that is located in a county or community that-- 7i7 is located in the continental ,united ,states2 and 7ii7 has not adopted an ordinance or regulation that requires the construction of new roofs on buildings to adhere to standards that are similar to1 or more stringent than-- 7,i7 the roof construction standards established by the ,national ,fire ,protection ,association2 or 7,,ii7 an applicable model building code established by the ,international ,code ,council4 7g7 ,priorities ,in carrying out projects using amounts made available under this section1 the ,secretary of the ,interior or the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 as applicable1 shall prioritize funding for projects-- 7#a7 for which any applicable processes under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 have been completed on the date of enactment of this ,act2 7#b7 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 wildfires2 7#c7 that maximize the retention of large trees1 as appropriate for the forest type1 to the extent that the trees promote fire-resilient stands2 7#d7 that do not include the establishment of permanent roads2 7#e7 for which funding would be committed to decommission all temporary roads constructed to carry out the project2 and 7#f7 that fully maintain or contribute toward the restoration of the structure and composition of old growth stands consistent with the characteristics of that forest type1 taking into account the contribution of the old growth stand to landscape fire adaption and watershed health1 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 objectives1 as determined by the ,secretary concerned4 7h7 ,reports ,the ,secretary of the ,interior and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 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 7b74 7i7 ,wildfire prevention study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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 ,states4 7#b7 ,review ,the study under paragraph 7#a7 shall review-- 7,a7 a full suite of manual1 chemical1 and mechanical treatments2 and 7,b7 the effectiveness of the system described in that paragraph in reducing wildfire risk and protecting communities4 7#c7 ,determination ,not later than #ij days after the date of completion of the study under paragraph 7#a71 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 locations4 7j7 ,monitoring1 maintenance1 and treatment plan and strategy 7#a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary of the ,interior shall establish a #e-year monitoring1 maintenance1 and treatment plan that-- 7,a7 describes activities under subsection 7c7 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 #aj1jjj1jjj acres of ,federal land or ,tribal ,forest land or rangeland that is identified as having very high wildfire hazard potential1 not including annual treatments otherwise scheduled2 7,b7 establishes a process for prioritizing treatments in areas and communities at the highest risk of catastrophic wildfires2 7,c7 includes an innovative plan and process-- 7i7 to leverage public-private partnerships and resources1 shared stewardship agreements1 good neighbor agreements1 and similar contracting authorities2 7ii7 to prioritize projects for which any applicable processes under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 have been completed as of the date of enactment of this ,act2 7iii7 to streamline subsequent projects based on existing statutory or regulatory authorities2 and 7iv7 to develop interagency teams to increase coordination and efficiency under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba72 and 7,d7 establishes a process for coordinating prioritization and treatment with ,state and local entities and affected stakeholders4 7#b7 ,strategy ,not later than #e years after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary of the ,interior1 in coordination with ,state and local governments1 shall publish a long-term1 outcome-based monitoring1 maintenance1 and treatment strategy-- 7,a7 to maintain forest health improvements and wildfire risk reduction accomplished under this section2 7,b7 to continue treatment at levels necessary to address the #bj1jjj1jjj acres needing priority treatment over the #aj-year period beginning on the date of publication of the strategy2 and 7,c7 to proactively conduct treatment at a level necessary to minimize the risk of wildfire to surrounding at-risk communities4 7k7 ,authorized hazardous fuels projects ,a project carried out using funding authorized under paragraphs 7#aa77;,a77i71 7#ac71 or 7#ad7 of subsection 7c7 shall be considered an authorized hazardous fuel reduction project pursuant to section #ajb of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feab74 #hjjd4 ,ecosystem restoration 7a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of the ,interior and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 for the activities described in subsection 7b71 #b1acj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7b7 ,activities ,of the amounts made available under subsection 7a7 for the period of fiscal years #bjbb through #bjbf-- 7#a7 #cjj1jjj1jjj shall be made available1 in accordance with subsection 7c71 to the ,secretary of the ,interior and the ,secretary of ,agriculture-- 7,a7 for-- 7i7 entering into contracts1 including stewardship contracts or agreements1 the purpose of each of which shall be to restore ecological health on not fewer than #aj1jjj acres of ,federal land1 including ,indian forest land or rangeland1 and for salaries and expenses associated with preparing and executing those contracts2 and 7ii7 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 7i71 including cancellation and termination costs1 consistent with section #fjd7;h7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7h771 and periodic payments over the span of the contract period2 and 7,b7 of which-- 7i7 #ej1jjj1jjj shall be made available to the ,secretary of the ,interior to enter into contracts described in subparagraph 7,a77i72 7ii7 #aej1jjj1jjj shall be made available to the ,secretary of ,agriculture to enter into contracts described in subparagraph 7,a77i72 and 7iii7 #ajj1jjj1jjj shall be made available until expended to the ,secretary of the ,interior1 notwithstanding any other provision of this ,act1 to establish the ,working ,capital ,fund described in subparagraph 7,a77ii72 7#b7 #bjj1jjj1jjj 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 #hbjf of the ,agricultural ,act of #bjad 7#af ,u4,s4,c4 #baac;a7 or agreements entered into under section #b7;b7 of the ,tribal ,forest ,protection ,act of #bjjd 7#be ,u4,s4,c4 #caae;a7b771 of which-- 7,a7 #dj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #afj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#c7 #djj1jjj1jjj 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 7d72 7#d7 #djj1jjj1jjj shall be made available to the ,secretary of the ,interior to provide grants to ,states1 territories of the ,united ,states1 and ,indian ,tribes for implementing voluntary ecosystem restoration projects on private or public land1 in consultation with the ,secretary of ,agriculture1 that-- 7,a7 prioritizes funding cross-boundary projects2 and 7,b7 requires matching funding from the ,state1 territory of the ,united ,states1 or ,indian ,tribe to be eligible to receive the funding2 7#e7 #ej1jjj1jjj shall be made available to the ,secretary of ,agriculture to award grants to ,states and ,indian ,tribes to establish rental programs for portable skidder bridges1 bridge mats1 or other temporary water crossing structures1 to minimize stream bed disturbance on non-,federal land and ,federal land2 7#f7 #bjj1jjj1jjj shall be made available for invasive species detection1 prevention1 and eradication1 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 land1 of which-- 7,a7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #ajj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#g7 #ajj1jjj1jjj shall be made available to restore1 prepare1 or adapt recreation sites on ,federal land1 including ,indian forest land or rangeland1 in accordance with subsection 7e72 7#h7 #bjj1jjj1jjj shall be made available to restore native vegetation and mitigate environmental hazards on mined land on ,federal and non-,federal land1 of which-- 7,a7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #ajj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#i7 #bjj1jjj1jjj shall be made available to establish and implement a national revegetation effort on ,federal and non-,federal land1 including to implement the ,national ,seed ,strategy for ,rehabilitation and ,restoration1 of which-- 7,a7 #gj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #acj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 and 7#aj7 #hj1jjj1jjj shall be made available to the ,secretary of ,agriculture1 in coordination with the ,secretary of the ,interior1 to establish a collaborative-based1 landscape-scale restoration program to restore water quality or fish passage on ,federal land1 including ,indian forest land or rangeland1 in accordance with subsection 7f74 7c7 ,ecological health restoration contracts 7#a7 ,submission of list of projects to ,congress ,until the date on which all of the amounts made available to carry out subsection 7b77#a77;,a77i7 are expended1 not later than #ij days before the end of each fiscal year1 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 year1 including-- 7,a7 a detailed description of each project2 and 7,b7 an estimate of the cost1 including salaries and expenses1 for the project4 7#b7 ,alternate allocation ,appropriations ,acts may provide for alternate allocation of amounts made available under subsection 7b77#a71 consistent with the allocations under subparagraph 7,b7 of that subsection4 7#c7 ,lack of alternate allocations ,if ,congress has not enacted legislation establishing alternate allocations described in paragraph 7#b7 by the date on which the ,act making full-year appropriations for the ,department of the ,interior1 ,environment1 and ,related ,agencies for the applicable fiscal year is enacted into law1 amounts made available under subsection 7b77#a77;,b7 shall be allocated by the ,president4 7d7 ,wood products infrastructure ,the ,secretary of ,agriculture1 in coordination with the ,secretary of the ,interior1 shall-- 7#a7 develop a ranking system that categorizes units of ,federal land1 including ,indian forest land or rangeland1 with regard to treating areas at risk of unnaturally severe wildfire or insect or disease infestation1 as being-- 7,a7 very low priority for ecological restoration involving vegetation removal2 7,b7 low priority for ecological restoration involving vegetation removal2 7,c7 medium priority for ecological restoration involving vegetation removal2 7,d7 high priority for ecological restoration involving vegetation removal2 or 7,e7 very high priority for ecological restoration involving vegetation removal2 7#b7 determine1 for a unit identified under paragraph 7#a7 as being high or very high priority for ecological restoration involving vegetation removal1 if-- 7,a7 a sawmill or other wood-processing facility exists in close proximity to1 or a forest worker is seeking to conduct restoration treatment work on or in close proximity to1 the unit2 and 7,b7 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 removal2 7#c7 in accordance with any conditions the ,secretary of ,agriculture determines to be necessary1 using the amounts made available under subsection 7b77#c71 provide financial assistance1 including a low-interest loan or a loan guarantee1 to an entity seeking to establish1 reopen1 retrofit1 expand1 or improve a sawmill or other wood-processing facility in close proximity to a unit of ,federal land that has been identified under paragraph 7#a7 as high or very high priority for ecological restoration1 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 land1 including ,indian forest land or rangeland1 as determined under paragraph 7#b77;,b72 and 7#d7 to the extent practicable1 when allocating funding to units of ,federal land for ecological restoration projects involving vegetation removal1 give priority to a unit of ,federal land that-- 7,a7 has been identified under paragraph 7#a7 as being high or very high priority for ecological restoration involving vegetation removal2 and 7,b7 has a sawmill or other wood-processing facility-- 7i7 that1 as determined under paragraph 7#b7-- 7,i7 exists in close proximity to the unit2 and 7,,ii7 does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal on the unit2 or 7ii7 that has received financial assistance under paragraph 7#c74 7e7 ,recreation sites 7#a7 ,site restoration and improvements ,of the amounts made available under subsection 7b77#g71 #de1jjj1jjj shall be made available to the ,secretary of the ,interior and #ce1jjj1jjj shall be made available the ,secretary of ,agriculture to restore1 prepare1 or adapt recreation sites on ,federal land1 including ,indian forest land or rangeland1 that have experienced or may likely experience visitation and use beyond the carrying capacity of the sites4 7#b7 ,public use recreation cabins 7,a7 ,in general ,of the amounts made available under subsection 7b77#g71 #bj1jjj1jjj shall be made available to the ,secretary of ,agriculture for-- 7i7 the operation1 repair1 reconstruction1 and construction of public use recreation cabins on ,national ,forest ,system land2 and 7ii7 to the extent necessary1 the repair or reconstruction of historic buildings that are to be outleased under section #cjfaba of title #ed1 ,united ,states ,code4 7,b7 ,inclusion ,of the amount described in subparagraph 7,a71 #e1jjj1jjj shall be made available to the ,secretary of ,agriculture for associated salaries and expenses in carrying out that subparagraph4 7,c7 ,agreements ,the ,secretary of ,agriculture may enter into a lease or cooperative agreement with a ,state1 ,indian ,tribe1 local government1 or private entity-- 7i7 to carry out the activities described in subparagraph 7,a72 or 7ii7 to manage the renting of a cabin or building described in subparagraph 7,a7 to the public4 7#c7 ,exclusion ,a project shall not be eligible for funding under this subsection if-- 7,a7 funding for the project would be used for deferred maintenance1 as defined by ,federal ,accounting ,standards ,advisory ,board2 and 7,b7 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 #bjjdjb7;a7 of title #ed1 ,united ,states ,code4 7f7 ,collaborative-based1 aquatic-focused1 landscape-scale restoration program ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall1 in coordination with the ,secretary of the ,interior and using the amounts made available under subsection 7b77#aj7-- 7#a7 solicit collaboratively developed proposals that-- 7,a7 are for #e-year projects to restore fish passage or water quality on ,federal land and non-,federal land to the extent allowed under section #cbc7;a7 of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7#af ,u4,s4,c4 #ajaa;a7a771 including ,indian forest land or rangeland2 7,b7 contain proposed accomplishments and proposed non-,federal funding2 and 7,c7 request not more than #e1jjj1jjj in funding made available under subsection 7b77#aj72 7#b7 select project proposals for funding in a manner that-- 7,a7 gives priority to a project proposal that would result in the most miles of streams being restored for the lowest amount of ,federal funding2 and 7,b7 discontinues funding for a project that fails to achieve the results included in a proposal submitted under paragraph 7#a7 for more than #b consecutive years2 and 7#c7 publish a list of-- 7,a7 all of the priority watersheds on ,national ,forest ,system land2 7,b7 the condition of each priority watershed on the date of enactment of this ,act2 and 7,c7 the condition of each priority watershed on the date that is #e years after the date of enactment of this ,act4 #hjje4 ,,gao study 7a7 ,study ,not later than #f years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study on the implementation of this title and the amendments made by this title1 including whether this title and the amendments made by this title have-- 7,a7 effectively reduced wildfire risk1 including the extent to which the wildfire hazard on ,federal land has changed2 and 7,b7 restored ecosystems on ,federal and non-,federal land2 and 7#b7 submit to ,congress a report that describes the results of the study under paragraph 7#a74 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,comptroller ,general of the ,unites ,states for the activities described in subsection 7a7 #hjj1jjj4 #hjjf4 ,establishment of fuel breaks in forests and other wildland vegetation 7a7 ,definition of ,secretary concerned ,in this section1 the term ,secretary concerned means-- 7#a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land2 and 7#b7 the ,secretary of the ,interior1 with respect to public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb77 administered by the ,bureau of ,land ,management4 7b7 ,categorical exclusion established ,forest management activities described in subsection 7c7 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the categorical exclusion is documented through a supporting record and decision memorandum4 7c7 ,forest management activities designated for categorical exclusion 7#a7 ,in general ,the category of forest management activities designated under subsection 7b7 for a categorical exclusion are forest management activities described in paragraph 7#b7 that are carried out by the ,secretary concerned on public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb77 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-- 7,a7 up to #a1jjj feet in width contiguous with or incorporating existing linear features1 such as roads1 water infrastructure1 transmission and distribution lines1 and pipelines of any length on ,federal land2 and 7,b7 intended to reduce the risk of uncharacteristic wildfire on ,federal land or catastrophic wildfire for an adjacent at-risk community4 7#b7 ,activities ,subject to paragraph 7#c71 the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection 7b7 are-- 7,a7 mowing or masticating2 7,b7 thinning by manual and mechanical cutting2 7,c7 piling1 yarding1 and removal of slash or hazardous fuels2 7,d7 selling of vegetation products1 including timber1 firewood1 biomass1 slash1 and fenceposts2 7,e7 targeted grazing2 7,f7 application of-- 7i7 pesticide2 7ii7 biopesticide2 or 7iii7 herbicide2 7,g7 seeding of native species2 7,h7 controlled burns and broadcast burning2 and 7,i7 burning of piles1 including jackpot piles4 7#c7 ,excluded activities ,a forest management activity described in paragraph 7#b7 may not be carried out pursuant to the categorical exclusion established under subsection 7b7 if the activity is conducted-- 7,a7 in a component of the ,national ,wilderness ,preservation ,system2 7,b7 on ,federal land on which the removal of vegetation is prohibited or restricted by ,act of ,congress1 ,presidential proclamation 7including the applicable implementation plan71 or regulation2 7,c7 in a wilderness study area2 or 7,d7 in an area in which carrying out the activity would be inconsistent with the applicable land management plan or resource management plan4 7#d7 ,extraordinary circumstances ,the ,secretary concerned shall apply the extraordinary circumstances procedures under section #bbj4f of title #cf1 ,code of ,federal ,regulations 7or a successor regulation71 in determining whether to use a categorical exclusion under subsection 7b74 7d7 ,acreage and location limitations ,treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection 7b7-- 7#a7 may not contain treatment units in excess of #c1jjj acres2 7#b7 shall be located primarily in-- 7,a7 the wildland-urban interface or a public drinking water source area2 7,b7 if located outside the wildland-urban interface or a public drinking water source area1 an area within ,condition ,class #b or #c in ,fire ,regime ,group ,i1 ,,ii1 or ,,iii that contains very high wildfire hazard potential2 or 7,c7 an insect or disease area designated by the ,secretary concerned as of the date of enactment of this ,act2 and 7#c7 shall consider the best available scientific information4 7e7 ,roads 7#a7 ,permanent roads ,a project under this section shall not include the establishment of permanent roads4 7#b7 ,existing roads ,the ,secretary concerned may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section4 7#c7 ,temporary roads ,the ,secretary concerned shall decommission any temporary road constructed under a project under this section not later than #c years after the date on which the project is completed4 7f7 ,public collaboration ,to encourage meaningful public participation during the preparation of a project under this section1 the ,secretary concerned shall facilitate1 during the preparation of each project-- 7#a7 collaboration among ,state and local governments and ,indian ,tribes2 and 7#b7 participation of interested persons4 #hjjg4 ,emergency actions 7a7 ,definitions ,in this section3 7#a7 ,authorized emergency action ,the term authorized emergency action means an action carried out pursuant to an emergency situation determination to mitigate the harm to life1 property1 or important natural or cultural resources on ,national ,forest ,system land or adjacent land4 7#b7 ,emergency situation ,the term emergency situation means a situation on ,national ,forest ,system land for which immediate implementation of #a or more authorized emergency actions is necessary to achieve #a or more of the following results3 7,a7 ,relief from hazards threatening human health and safety4 7,b7 ,mitigation of threats to natural resources on ,national ,forest ,system land or adjacent land4 7#c7 ,emergency situation determination ,the term emergency situation determination means a determination made by the ,secretary under subsection 7b77#a77;,a74 7#d7 ,land and resource management plan ,the term land and resource management plan means a plan developed under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd74 7#e7 ,national forest system land ,the term ,national ,forest ,system land means land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c #afji7;a7774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,authorized emergency actions to respond to emergency situations 7#a7 ,determination 7,a7 ,in general ,the ,secretary may make a determination that an emergency situation exists with respect to ,national ,forest ,system land4 7,b7 ,review ,an emergency situation determination shall not be subject to objection under the predecisional administrative review processes under part #bah of title #cf1 ,code of ,federal ,regulations 7or successor regulations74 7,c7 ,applicability ,an emergency situation determination shall not be subject to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other applicable law4 7#b7 ,authorized emergency actions ,after making an emergency situation determination with respect to ,national ,forest ,system land1 the ,secretary may carry out authorized emergency actions on that ,national ,forest ,system land1 including through-- 7,a7 the salvage of dead or dying trees2 7,b7 the harvest of trees damaged by wind or ice2 7,c7 the commercial and noncommercial sanitation harvest of trees to control insects or disease1 including trees already infested with insects or disease2 7,d7 the reforestation or replanting of fire-impacted areas through planting1 control of competing vegetation1 or other activities that enhance natural regeneration and restore forest species2 7,e7 the removal of hazardous trees in close proximity to roads and trails2 7,f7 the removal of hazardous fuels2 7,g7 the restoration of water sources or infrastructure2 7,h7 the reconstruction of existing utility lines2 and 7,i7 the replacement of underground cables4 7#c7 ,relation to land and resource management plans ,to the maximum extent practicable1 any authorized emergency action carried out under paragraph 7#b7 shall be conducted consistent with the land and resource management plan4 7#d7 ,acreage limitations ,a treatment area covered by an emergency situation determination on which an authorized emergency action is carried out pursuant to paragraph 7#b7 shall consist of not more than #aj1jjj acres of ,national ,forest ,system land4 7c7 ,environmental analysis 7#a7 ,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 #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b771 the ,secretary shall study1 develop1 and describe only-- 7,a7 the proposed agency action2 and 7,b7 the alternative of no action4 7#b7 ,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 7#a71 in accordance with applicable regulations and administrative guidelines4 7#c7 ,public comment ,the ,secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement under paragraph 7#a74 7#d7 ,savings clause ,nothing in this subsection prohibits the ,secretary from making an emergency situation determination1 including a determination that an emergency exists pursuant to section #bah4ba7;a7 or #bbj4d7;b7 of title #cf1 ,code of ,federal ,regulations 7or successor regulations71 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 #aifi 7#db ,u4,s4,c4 #dcba et seq474 7d7 ,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 #aje of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feae7 and section #dbh of the ,department of the ,interior1 ,environment1 and ,related ,agencies ,appropriations ,act1 #bjab 7#af ,u4,s4,c4 #feae note2 ,public ,law #aab-gd74 7e7 ,judicial review of emergency actions 7#a7 ,in general ,section #ajf of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaf7 shall apply to an authorized emergency action carried out under this section4 7#b7 ,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 merits4 7f7 ,notification and guidance ,the ,secretary shall provide notification and guidance to each local field office of the ,forest ,service to ensure awareness of1 compliance with1 and appropriate use of the authorized emergency action authority under this section4 ,,ix ,western water infrastructure #ijja4 ,authorizations of appropriations ,there are authorized to be appropriated to the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation 7referred to in this title as the ,secretary71 for the period of fiscal years #bjbb through #bjbf-- 7#a7 #a1aej1jjj1jjj for water storage1 groundwater storage1 and conveyance projects in accordance with section #ijjb1 of which #ajj1jjj1jjj shall be made available to provide grants to plan and construct small surface water and groundwater storage projects in accordance with section #ijjc2 7#b7 #c1bjj1jjj1jjj for the ,aging ,infrastructure ,account established by subsection 7d77#a7 of section #ifjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b71 to be made available for activities in accordance with that subsection1 including major rehabilitation and replacement activities1 as identified in the ,asset ,management ,report of the ,bureau of ,reclamation dated ,april #bjba1 of which-- 7,a7 #ajj1jjj1jjj shall be made available for ,bureau of ,reclamation reserved or transferred works that have suffered a critical failure1 in accordance with section #ijjd7;a72 and 7,b7 #ajj1jjj1jjj shall be made available for the rehabilitation1 reconstruction1 or replacement of a dam in accordance with #ijjd7;b72 7#c7 #a1jjj1jjj1jjj for rural water projects that have been authorized by an ,act of ,congress before ,july #a1 #bjba1 in accordance with the ,reclamation ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdja et seq472 7#d7 #a1jjj1jjj1jjj for water recycling and reuse projects1 of which-- 7,a7 #eej1jjj1jjj shall be made available for water recycling and reuse projects authorized in accordance with the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h et seq47 that are-- 7i7 authorized or approved for construction funding by an ,act of ,congress before the date of enactment of this ,act2 or 7ii7 selected for funding under the competitive grant program authorized pursuant to section #afjb7;f7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7f771 with funding under this subparagraph to be provided in accordance with that section1 notwithstanding section #djac of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb71 except that section #afjb7;g77#b7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7g77#b77 shall not apply to amounts made available under this subparagraph2 and 7,b7 #dej1jjj1jjj shall be made available for large-scale water recycling and reuse projects in accordance with section #ijje2 7#e7 #bej1jjj1jjj for water desalination projects and studies authorized in accordance with the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 that are-- 7,a7 authorized or approved for construction funding by an ,act of ,congress before ,july #a1 #bjba2 or 7,b7 selected for funding under the program authorized pursuant to section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih71 with funding to be made available under this paragraph in accordance with that subsection1 notwithstanding section #djac of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb71 except that paragraph 7#b77;,f7 of section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 7as redesignated by section #ijjh7 shall not apply to amounts made available under this paragraph2 7#f7 #ejj1jjj1jjj for the safety of dams program1 in accordance with the ,reclamation ,safety of ,dams ,act of #aigh 7#dc ,u4,s4,c4 #ejf et seq472 7#g7 #djj1jjj1jjj for ,water,s,m,a,r,t grants in accordance with section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd71 of which #ajj1jjj1jjj shall be made available for projects that would improve the condition of a natural feature or nature-based feature 7as those terms are defined in section #iejb of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfb772 7#h7 subject to section #ijjf1 #cjj1jjj1jjj for implementing the ,colorado ,river ,basin ,drought ,contingency ,plan1 consistent with the obligations of the ,secretary under the ,colorado ,river ,drought ,contingency ,plan ,authorization ,act 7,public ,law #aaf-ad2 #acc ,stat4 #hej7 and related agreements1 of which #ej1jjj1jjj shall be made available for use in accordance with the ,drought ,contingency ,plan for the ,upper ,colorado ,river ,basin2 7#i7 #ajj1jjj1jjj to provide financial assistance for watershed management projects in accordance with subtitle ,a of title ,,vi of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #ajae et seq472 7#aj7 #bej1jjj1jjj for design1 study1 and construction of aquatic ecosystem restoration and protection projects in accordance with section #aaji of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj72 7#aa7 #ajj1jjj1jjj for multi-benefit projects to improve watershed health in accordance with section #ijjg2 and 7#ab7 #ej1jjj1jjj for endangered species recovery and conservation programs in the ,colorado ,river ,basin in accordance with-- 7,a7 ,public ,law #ajf-cib 7#aad ,stat4 #afjb72 7,b7 the ,grand ,canyon ,protection ,act of #aiib 7,public ,law #ajb-ege2 #ajf ,stat4 #dffi72 and 7,c7 subtitle ,e of title ,,ix of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #acbg74 #ijjb4 ,water storage1 groundwater storage1 and conveyance projects 7a7 ,eligibility for funding 7#a7 ,feasibility studies 7,a7 ,in general ,a feasibility study shall only be eligible for funding under section #ijja7a7 if-- 7i7 the feasibility study has been authorized by an ,act of ,congress before the date of enactment of this ,act2 7ii7 ,congress has approved funding for the feasibility study in accordance with section #djjg of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 before the date of enactment of this ,act2 or 7iii7 the feasibility study is authorized under subparagraph 7,b74 7,b7 ,feasibility study authorizations ,the ,secretary may carry out feasibility studies for the following projects3 7i7 ,the ,verde ,reservoirs ,sediment ,mitigation ,project in the ,state of ,arizona4 7ii7 ,the ,tualatin ,river ,basin ,project in the ,state of ,oregon4 7#b7 ,construction ,a project shall only be eligible for construction funding under section #ijja7a7 if-- 7,a7 an ,act of ,congress enacted before the date of enactment of this ,act authorizes construction of the project2 7,b7 ,congress has approved funding for construction of the project in accordance with section #djjg of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 before the date of enactment of this ,act1 except for any project for which-- 7i7 ,congress did not approve the recommendation of the ,secretary for funding under subsection 7h77#b7 of that section for at least #a fiscal year before the date of enactment of this ,act2 or 7ii7 ,state funding for the project was rescinded by the ,state before the date of enactment of this ,act2 or 7,c7 7i7 ,congress has authorized or approved funding for a feasibility study for the project in accordance with clause 7i7 or 7ii7 of paragraph 7#a77;,a7 7except that projects described in clauses 7i7 and 7ii7 of subparagraph 7,b7 shall not be eligible72 and 7ii7 on completion of the feasibility study for the project1 the ,secretary-- 7,i7 finds the project to be technically and financially feasible in accordance with the reclamation laws2 7,,ii7 determines that sufficient non-,federal funding is available for the non-,federal cost share of the project2 and 7,,iii7 7aa7 finds the project to be in the public interest2 and 7bb7 recommends the project for construction4 7b7 ,cost-sharing requirement 7#a7 ,in general ,the ,federal share-- 7,a7 for a project authorized by an ,act of ,congress shall be determined in accordance with that ,act2 7,b7 for a project approved by ,congress in accordance with section #djjg of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 7including construction resulting from a feasibility study authorized under that ,act7 shall be as provided in that ,act2 and 7,c7 for a project not described in subparagraph 7,a7 or 7,b7-- 7i7 in the case of a federally owned project1 shall not exceed #ej percent of the total cost of the project2 and 7ii7 in the case of a non-,federal project1 shall not exceed #be percent of the total cost of the project4 7#b7 ,federal benefits ,before funding a project under this section1 the ,secretary shall determine that1 in return for the ,federal investment in the project1 at least a proportionate share of the benefits are ,federal benefits4 7#c7 ,reimbursability ,the reimbursability of ,federal funding of projects under this section shall be in accordance with the reclamation laws4 7c7 ,environmental laws ,in providing funding for a project under this section1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #ijjc4 ,small water storage and groundwater storage projects 7a7 ,establishment of a competitive grant program for small water storage and groundwater storage projects ,the ,secretary shall establish a competitive grant program1 under which the non-,federal project sponsor of any project in a ,reclamation ,state1 including the ,state of ,alaska or ,hawaii1 determined by the ,secretary to be feasible under subsection 7b77#b77;,b7 shall be eligible to apply for funding for the planning1 design1 and construction of the project4 7b7 ,eligibility and selection 7#a7 ,submission to the secretary 7,a7 ,in general ,a non-,federal project sponsor described in subsection 7a7 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 study4 7,b7 ,eligible projects ,a project shall be considered eligible for consideration for a grant under this section if the project-- 7i7 has water storage capacity of not less than #b1jjj acre-feet and not more than #cj1jjj acre-feet2 and 7ii7 7,i7 increases surface water or groundwater storage2 or 7,,ii7 conveys water1 directly or indirectly1 to or from surface water or groundwater storage4 7,c7 ,guidelines ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall issue guidelines for feasibility studies for small storage projects to provide sufficient information for the formulation of the studies4 7#b7 ,review by the secretary ,the ,secretary shall review each feasibility study received under paragraph 7#a77;,a7 for the purpose of determining whether-- 7,a7 the feasibility study1 and the process under which the study was developed1 each comply with ,federal laws 7including regulations7 applicable to feasibility studies of small storage projects2 7,b7 the project is technically and financially feasible1 in accordance with-- 7i7 the guidelines developed under paragraph 7#a77;,c72 and 7ii7 the reclamation laws2 and 7,c7 the project provides a ,federal benefit1 as determined by the ,secretary4 7#c7 ,submission to congress ,not later than #ahj days after the date of receipt of a feasibility study received under paragraph 7#a77;,a71 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-- 7,a7 the results of the review of the study by the ,secretary under paragraph 7#b71 including a determination of whether the project is feasible and provides a ,federal benefit2 7,b7 any recommendations that the ,secretary may have concerning the plan or design of the project2 and 7,c7 any conditions the ,secretary may require for construction of the project4 7#d7 ,eligibility for funding 7,a7 ,in general ,the non-,federal project sponsor of any project determined by the ,secretary to be feasible under paragraph 7#c77;,a7 shall be eligible to apply to the ,secretary for a grant to cover the ,federal share of the costs of planning1 designing1 and constructing the project pursuant to subsection 7c74 7,b7 ,required determination ,prior to awarding grants to a small storage project1 the ,secretary shall determine whether there is sufficient non-,federal funding available to complete the project4 7#e7 ,priority ,in awarding grants to projects under this section1 the ,secretary shall give priority to projects that meet #a or more of the following criteria3 7,a7 ,projects that are likely to provide a more reliable water supply for ,states1 ,indian ,tribes1 and local governments1 including subdivisions of those entities4 7,b7 ,projects that are likely to increase water management flexibility and reduce impacts on environmental resources from projects operated by ,federal and ,state agencies4 7,c7 ,projects that are regional in nature4 7,d7 ,projects with multiple stakeholders4 7,e7 ,projects that provide multiple benefits1 including water supply reliability1 ecosystem benefits1 groundwater management and enhancements1 and water quality improvements4 7c7 ,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-- 7#a7 #be percent of the total project cost2 or 7#b7 #cj1jjj1jjj4 7d7 ,environmental laws ,in providing funding for a grant for a project under this section1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,termination of authority ,the authority to carry out this section terminates on the date that is #e years after the date of enactment of this ,act4 #ijjd4 ,critical maintenance and repair 7a7 ,critical failure at a reserved or transferred work 7#a7 ,in general ,a reserved or transferred work shall only be eligible for funding under section #ijja7b77;,a7 if-- 7,a7 construction of the reserved or transferred work began on or before ,january #a1 #aiae2 and 7,b7 a unit of the reserved or transferred work suffered a critical failure in ,bureau of ,reclamation infrastructure during the #b-year period ending on the date of enactment of this ,act that resulted in the failure to deliver water to project beneficiaries4 7#b7 ,use of funds ,rehabilitation1 repair1 and replacement activities for a transferred or reserved work using amounts made available under section #ijja7b77;,a7 may be used for the entire transferred or reserved work1 regardless of whether the critical failure was limited to a single project of the overall work4 7#c7 ,nonreimbursable funds ,notwithstanding section #ifjc7;b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b7b771 amounts made available to a reserved or transferred work under section #ijja7b77;,a7 shall be nonreimbursable to the ,united ,states4 7b7 ,carey act projects ,the ,secretary shall use amounts made available under section #ijja7b77;,b7 to fund the rehabilitation1 reconstruction1 or replacement of a dam-- 7#a7 the construction of which began on or after ,january #a1 #aije2 7#b7 that was developed pursuant to section #d of the ,act of ,august #ah1 #ahid 7commonly known as the ,carey ,act7 7#dc ,u4,s4,c4 #fda2 #bh ,stat4 #dbb1 chapter #cja72 7#c7 that the ,governor of the ,state in which the dam is located has-- 7,a7 determined the dam has reached its useful life2 7,b7 determined the dam poses significant health and safety concerns2 and 7,c7 requested ,federal support2 and 7#d7 for which the estimated rehabilitation1 reconstruction1 or replacement1 engineering1 and permitting costs would exceed #ej1jjj1jjj4 #ijje4 ,competitive grant program for large-scale water recycling and reuse program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 ,indian ,tribe1 municipality1 irrigation district1 water district1 wastewater district1 or other organization with water or power delivery authority2 7,b7 a ,state1 regional1 or local authority1 the members of which include #a or more organizations with water or power delivery authority2 or 7,c7 an agency established under ,state law for the joint exercise of powers or a combination of entities described in subparagraphs 7,a7 and 7,b74 7#b7 ,eligible project ,the term eligible project means a project described in subsection 7c74 7#c7 ,program ,the term program means the grant program established under subsection 7b74 7#d7 ,reclamation state ,the term ,reclamation ,state means a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#dc ,u4,s4,c4 #cia2 #cb ,stat4 #chh1 chapter #ajic74 7b7 ,establishment ,the ,secretary shall establish a program to provide grants to eligible entities on a competitive basis for the planning1 design1 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 section4 7c7 ,eligible project ,a project shall be eligible for a grant under this section if the project-- 7#a7 reclaims and reuses-- 7,a7 municipal1 industrial1 domestic1 or agricultural wastewater2 or 7,b7 impaired groundwater or surface water2 7#b7 has a total estimated cost of #ejj1jjj1jjj or more2 7#c7 is located in a ,reclamation ,state2 7#d7 is constructed1 operated1 and maintained by an eligible entity2 and 7#e7 provides a ,federal benefit in accordance with the reclamation laws4 7d7 ,project evaluation ,the ,secretary may provide a grant to an eligible project under the program if-- 7#a7 the eligible entity determines through the preparation of a feasibility study or equivalent study1 and the ,secretary concurs1 that the eligible project-- 7,a7 is technically and financially feasible2 7,b7 provides a ,federal benefit in accordance with the reclamation laws2 and 7,c7 is consistent with applicable ,federal and ,state laws2 7#b7 the eligible entity has sufficient non-,federal funding available to complete the eligible project1 as determined by the ,secretary2 7#c7 the eligible entity is financially solvent1 as determined by the ,secretary2 and 7#d7 not later than #cj days after the date on which the ,secretary concurs with the determinations under paragraph 7#a7 with respect to the eligible project1 the ,secretary submits to ,congress written notice of the determinations4 7e7 ,priority ,in providing grants to eligible projects under the program1 the ,secretary shall give priority to eligible projects that meet #a or more of the following criteria3 7#a7 ,the eligible project provides multiple benefits1 including-- 7,a7 water supply reliability benefits for drought-stricken ,states and communities2 7,b7 fish and wildlife benefits2 and 7,c7 water quality improvements4 7#b7 ,the eligible project is likely to reduce impacts on environmental resources from water projects owned or operated by ,federal and ,state agencies1 including through measurable reductions in water diversions from imperiled ecosystems4 7#c7 ,the eligible project would advance water management plans across a multi-,state area1 such as drought contingency plans in the ,colorado ,river ,basin4 7#d7 ,the eligible project is regional in nature4 7#e7 ,the eligible project is collaboratively developed or supported by multiple stakeholders4 7f7 ,federal assistance 7#a7 ,federal cost share ,the ,federal share of the cost of any project provided a grant under the program shall not exceed #be percent of the total cost of the eligible project4 7#b7 ,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 program4 7#c7 ,nonreimbursable funds ,any funds provided by the ,secretary to an eligible entity under the program shall be considered nonreimbursable4 7#d7 ,funding eligibility ,an eligible project shall not be considered ineligible for assistance under the program because the eligible project has received assistance under-- 7,a7 the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h et seq472 7,b7 section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 for eligible desalination projects2 or 7,c7 section #afjb7;e7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7e774 7g7 ,environmental laws ,in providing a grant for an eligible project under the program1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7h7 ,guidance ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue guidance on the implementation of the program1 including guidelines for the preparation of feasibility studies or equivalent studies by eligible entities4 7i7 ,reports 7#a7 ,annual report ,at the end of each fiscal year1 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 year4 7#b7 ,comptroller general 7,a7 ,assessment ,the ,comptroller ,general of the ,united ,states shall conduct an assessment of the administrative establishment1 solicitation1 selection1 and justification process with respect to the funding of grants under this section4 7,b7 ,report ,not later than #a year after the date of the initial award of grants under this section1 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-- 7i7 the adequacy and effectiveness of the process by which each eligible project was selected1 if applicable2 and 7ii7 the justification and criteria used for the selection of each eligible project1 if applicable4 7j7 ,treatment of conveyance ,the ,secretary shall consider the planning1 design1 and construction of a conveyance system for an eligible project to be eligible for grant funding under the program4 7k7 ,termination of authority ,the authority to carry out this section terminates on the date that is #e years after the date of enactment of this ,act4 #ijjf4 ,drought contingency plan funding requirements 7a7 ,in general ,funds made available under section #ijja7h7 for use in the ,lower ,colorado ,river ,basin may be used for projects-- 7#a7 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 ,basin2 or 7#b7 to improve the long-term efficiency of operations in the ,lower ,colorado ,river ,basin4 7b7 ,limitation ,none of the funds made available under section #ijja7h7 may be used for the operation of the ,yuma ,desalting ,plant4 7c7 ,effect ,nothing in section #ijja7h7 limits existing or future opportunities to augment the water supplies of the ,colorado ,river4 #ijjg4 ,multi-benefit projects to improve watershed health 7a7 ,definition of eligible applicant ,in this section1 the term eligible applicant means-- 7#a7 a ,state2 7#b7 a ,tribal or local government2 7#c7 an organization with power or water delivery authority2 7#d7 a regional authority2 or 7#e7 a nonprofit conservation organization4 7b7 ,establishment of competitive grant program ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the heads of relevant agencies1 shall establish a competitive grant program under which the ,secretary shall award grants to eligible applicants for the design1 implementation1 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 #a or more of the following3 7#a7 ,ecosystem benefits4 7#b7 ,restoration of native species4 7#c7 ,mitigation against the impacts of climate change to fish and wildlife habitats4 7#d7 ,protection against invasive species4 7#e7 ,restoration of aspects of the natural ecosystem4 7#f7 ,enhancement of commercial1 recreational1 subsistence1 or ,tribal ceremonial fishing4 7#g7 ,enhancement of river-based recreation4 7c7 ,requirements 7#a7 ,in general ,in awarding a grant to an eligible applicant under subsection 7b71 the ,secretary-- 7,a7 shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than #a of the benefits described in that subsection2 and 7,b7 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 law4 7#b7 ,compliance ,a habitat restoration project awarded a grant under subsection 7b7 shall comply with all applicable ,federal and ,state laws4 7d7 ,cost-sharing requirement ,the ,federal share of the cost of any habitat restoration project that is awarded a grant under subsection 7b7-- 7#a7 shall not exceed #ej percent of the cost of the habitat restoration project2 or 7#b7 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 #ge percent of the cost of the habitat restoration project1 as determined by the ,secretary1 shall not exceed #ge percent of the cost of the habitat restoration project4 #ijjh4 ,eligible desalination projects ,section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by redesignating the second paragraph 7#a7 7relating to eligible desalination projects7 as paragraph 7#b74 #ijji4 ,clarification of authority to use coronavirus fiscal recovery funds to meet a non-,federal matching requirement for authorized ,bureau of ,reclamation water projects 7a7 ,coronavirus state fiscal recovery fund ,section #fjb7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #hjb7;c77 is amended by adding at the end the following3 7#d7 ,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 project4 4 7b7 ,coronavirus local fiscal recovery fund ,section #fjc7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #hjc7;c77 is amended by adding at the end the following3 7#e7 ,use of funds to satisfy non-federal matching1 maintenance of effort1 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 project4 4 7c7 ,effective date ,the amendments made by this section shall take effect as if included in the enactment of section #iija of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b2 #ace ,stat4 #bbc74 #ijaj4 ,federal assistance for groundwater recharge1 aquifer storage1 and water source substitution projects 7a7 ,in general ,the ,secretary1 in coordination with affected ,indian ,tribes1 ,states 7including subdivisions and departments of a ,state71 or a public agency organized pursuant to ,state law1 may provide technical or financial assistance for1 participate in1 and enter into agreements 7including agreements with irrigation entities7 for-- 7#a7 groundwater recharge projects2 7#b7 aquifer storage and recovery projects2 and 7#c7 water source substitution for aquifer protection projects4 7b7 ,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 ,act4 ,x ,authorization of appropriations for ,energy ,act of #bjbj #ajjja4 ,energy storage demonstration projects 7a7 ,energy storage demonstration projects2 pilot grant program ,there is authorized to be appropriated to the ,secretary to carry out activities under section #cbja7;c7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb7;c77 #cee1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 7b7 ,long-duration demonstration initiative and joint program ,there is authorized to be appropriated to the ,secretary to carry out activities under section #cbja7;d7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb7;d77 #aej1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 #ajjjb4 ,advanced reactor demonstration program 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out activities under section #iei;,a of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgi;a7 pursuant to the funding opportunity announcement of the ,department numbered ,,de-,,foa-#jjjbbga for ,pathway #a1 ,advanced ,reactor ,demonstrations-- 7#a7 #eaa1jjj1jjj for fiscal year #bjbb2 7#b7 #ejf1jjj1jjj for fiscal year #bjbc2 7#c7 #fcf1jjj1jjj for fiscal year #bjbd2 7#d7 #hbd1jjj1jjj for fiscal year #bjbe2 7#e7 #dec1jjj1jjj for fiscal year #bjbf2 and 7#f7 #bha1jjj1jjj for fiscal year #bjbg4 7b7 ,technical corrections 7#a7 ,definition of advanced nuclear reactor ,section #iea7;b77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7;b77#a77 is amended-- 7,a7 in subparagraph 7,a77xi71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 a radioisotope power system that utilizes heat from radioactive decay to generate energy4 4 7#b7 ,nuclear energy university program funding ,section #ied7;a77#f7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgd7;a77#f77 is amended by inserting 1 excluding funds appropriated for the ,advanced ,reactor ,demonstration ,program of the ,department1 after annually4 #ajjjc4 ,mineral security projects 7a7 ,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 #cea of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7-- 7#a7 #h1ffh1jjj for fiscal year #bjbb2 and 7#b7 #e1jjj1jjj for each of fiscal years #bjbc through #bjbe4 7b7 ,rare earth mineral security ,there are authorized to be appropriated to the ,secretary to carry out activities under section #gjja7;a7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #accdd7;a77-- 7#a7 #bc1jjj1jjj for fiscal year #bjbb2 7#b7 #bd1bjj1jjj for fiscal year #bjbc2 7#c7 #be1djj1jjj for fiscal year #bjbd2 7#d7 #bf1fjj1jjj for fiscal year #bjbe2 and 7#e7 #bg1hjj1jjj for fiscal year #bjbf4 7c7 ,critical material innovation1 efficiency1 and alternatives ,there are authorized to be appropriated to the ,secretary to carry out activities under section #gjjb7;g7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;g77-- 7#a7 #bcj1jjj1jjj for fiscal year #bjbb2 7#b7 #ajj1jjj1jjj for fiscal year #bjbc2 and 7#c7 #ace1jjj1jjj for each of fiscal years #bjbd and #bjbe4 7d7 ,critical material supply chain research facility ,there are authorized to be appropriated to the ,secretary to carry out activities under section #gjjb7;h7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;h77-- 7#a7 #dj1jjj1jjj for fiscal year #bjbb2 and 7#b7 #ce1jjj1jjj for fiscal year #bjbc4 #ajjjd4 ,carbon capture demonstration and pilot programs 7a7 ,carbon capture large-scale pilot projects ,there are authorized to be appropriated to the ,secretary to carry out activities under section #ifb7;b77#b77;,b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib7;b77#b77;,b77-- 7#a7 #chg1jjj1jjj for fiscal year #bjbb2 7#b7 #bjj1jjj1jjj for fiscal year #bjbc2 7#c7 #bjj1jjj1jjj for fiscal year #bjbd2 and 7#d7 #aej1jjj1jjj for fiscal year #bjbe4 7b7 ,carbon capture demonstration projects program ,there are authorized to be appropriated to the ,secretary to carry out activities under section #ifb7;b77#b77;,c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib7;b77#b77;,c77-- 7#a7 #icg1jjj1jjj for fiscal year #bjbb2 7#b7 #ejj1jjj1jjj for each of fiscal years #bjbc and #bjbd2 and 7#c7 #fjj1jjj1jjj for fiscal year #bjbe4 #ajjje4 ,direct air capture technologies prize competitions 7a7 ,precommercial ,there is authorized to be appropriated to the ,secretary to carry out activities under section #ifi;,d7e77#b77;,a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;d7e77#b77;,a77 #ae1jjj1jjj for fiscal year #bjbb4 7b7 ,commercial ,there is authorized to be appropriated to the ,secretary to carry out activities under section #ifi;,d7e77#b77;,b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;d7e77#b77;,b77 #ajj1jjj1jjj for fiscal year #bjbb4 #ajjjf4 ,water power projects 7a7 ,hydropower and marine energy ,there are authorized to be appropriated to the ,secretary-- 7#a7 to carry out activities under section #fcd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbac71 #cf1jjj1jjj for the period of fiscal years #bjbb through #bjbe2 and 7#b7 to carry out activities under section #fce of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbad71 #gj1djj1jjj for the period of fiscal years #bjbb through #bjbe4 7b7 ,national marine energy centers ,there is authorized to be appropriated to the ,secretary to carry out activities under section #fcf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbae7 #dj1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 #ajjjg4 ,renewable energy projects 7a7 ,geothermal energy ,there is authorized to be appropriated to the ,secretary to carry out activities under section #fae7;d7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaid7;d77 #hd1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 7b7 ,wind energy ,there are authorized to be appropriated to the ,secretary-- 7#a7 to carry out activities under section #cjjc7;b77#b7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbcg7;b77#b771 #fj1jjj1jjj for the period of fiscal years #bjbb through #bjbe2 and 7#b7 to carry out activities under section #cjjc7;b77#d7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbcg7;b77#d771 #dj1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 7c7 ,solar energy ,there are authorized to be appropriated to the ,secretary-- 7#a7 to carry out activities under section #cjjd7;b77#b7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch7;b77#b771 #dj1jjj1jjj for the period of fiscal years #bjbb through #bjbe2 7#b7 to carry out activities under section #cjjd7;b77#c7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch7;b77#c771 #bj1jjj1jjj for the period of fiscal years #bjbb through #bjbe2 and 7#c7 to carry out activities under section #cjjd7;b77#d7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch7;b77#d771 #bj1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 7d7 ,clarification ,amounts authorized to be appropriated under subsection 7b7 are authorized to be a part of1 and not in addition to1 any amounts authorized to be appropriated by section #cjjc7;b77#g7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbcg7;b77#g774 #ajjjh4 ,industrial emissions demonstration projects ,there are authorized to be appropriated to the ,secretary to carry out activities under section #ded7;d77#c7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaac7;d77#c77-- 7#a7 #ajj1jjj1jjj for each of fiscal years #bjbb and #bjbc2 and 7#b7 #aej1jjj1jjj for each of fiscal years #bjbd and #bjbe4 ,,xi ,wage rate requirements #aajja4 ,wage rate requirements 7a7 ,davis-,bacon ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 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 locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7b7 ,authority ,with respect to the labor standards specified in subsection 7a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 ,,xii ,miscellaneous #abjja4 ,office of ,clean ,energy ,demonstrations 7a7 ,definitions ,in this section3 7#a7 ,covered project ,the term covered project means a demonstration project of the ,department that-- 7,a7 receives or is eligible to receive funding from the ,secretary2 and 7,b7 is authorized under-- 7i7 this ,act2 or 7ii7 the ,energy ,act of #bjbj 7,public ,law #aaf-bfj2 #acd ,stat4 #aahb74 7#b7 ,program ,the term program means the program established under subsection 7b74 7b7 ,establishment ,the ,secretary1 in coordination with the heads of relevant program offices of the ,department1 shall establish a program to conduct project management and oversight of covered projects1 including by-- 7#a7 conducting evaluations of proposals for covered projects before the selection of a covered project for funding2 7#b7 conducting independent oversight of the execution of a covered project after funding has been awarded for that covered project2 and 7#c7 ensuring a balanced portfolio of investments in covered projects4 7c7 ,duties ,the ,secretary shall appoint a head of the program who shall1 in coordination with the heads of relevant program offices of the ,department-- 7#a7 evaluate proposals for covered projects1 including scope1 technical specifications1 maturity of design1 funding profile1 estimated costs1 proposed schedule1 proposed technical and financial milestones1 and potential for commercial success based on economic and policy projections2 7#b7 develop independent cost estimates for a proposal for a covered project1 if appropriate2 7#c7 recommend to the head of a program office of the ,department1 as appropriate1 whether to fund a proposal for a covered project2 7#d7 oversee the execution of covered projects that receive funding from the ,secretary1 including reconciling estimated costs as compared to actual costs2 7#e7 conduct reviews of ongoing covered projects1 including-- 7,a7 evaluating the progress of a covered project based on the proposed schedule and technical and financial milestones2 and 7,b7 providing the evaluations under subparagraph 7,a7 to the ,secretary2 and 7#f7 assess the lessons learned in overseeing covered projects and implement improvements in the process of evaluating and overseeing covered projects4 7d7 ,employees ,to carry out the program1 the ,secretary may hire appropriate personnel to perform the duties of the program4 7e7 ,coordination ,in carrying out the program1 the head of the program shall coordinate with-- 7#a7 project management and acquisition management entities with the ,department1 including the ,office of ,project ,management2 and 7#b7 professional organizations in project management1 construction1 cost estimation1 and other relevant fields4 7f7 ,reports 7#a7 ,report by ,secretary ,the ,secretary shall include in each updated technology transfer execution plan submitted under subsection 7h77#b7 of section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7 information on the implementation of and progress made under the program1 including1 for the year covered by the report-- 7,a7 the covered projects under the purview of the program2 and 7,b7 the review of each covered project carried out under subsection 7c77#e74 7#b7 ,report by ,comptroller ,general ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report evaluating the operation of the program1 including-- 7,a7 a description of the processes and procedures used by the program to evaluate proposals of covered projects and the oversight of covered projects2 and 7,b7 any recommended changes in the program1 including changes to-- 7i7 the processes and procedures described in subparagraph 7,a72 and 7ii7 the structure of the program1 for the purpose of better carrying out the program4 7g7 ,technical amendment ,section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7 is amended by redesignating the second subsections 7f7 7relating to planning and reporting7 and 7g7 7relating to additional technology transfer programs7 as subsections 7h7 and 7i71 respectively4 #abjjb4 ,extension of ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7a7 ,definition of full funding amount ,section #c7aa7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gajb7aa77 is amended by striking subparagraphs 7,d7 and 7,e7 and inserting the following3 7,d7 for fiscal year #bjag1 the amount that is equal to #ie percent of the full funding amount for fiscal year #bjae2 7,e7 for each of fiscal years #bjah through #bjbj1 the amount that is equal to #ie percent of the full funding amount for the preceding fiscal year2 and 7,f7 for fiscal year #bjba and each fiscal year thereafter1 the amount that is equal to the full funding amount for fiscal year #bjag4 4 7b7 ,secure payments for ,states and counties containing ,federal land 7#a7 ,secure payments ,section #aja of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaaa7 is amended1 in subsections 7a7 and 7b71 by striking #bjae1 #bjag1 #bjah1 #bjai1 and #bjbj each place it appears and inserting #bjae and #bjag through #bjbc4 7#b7 ,distribution of payments to eligible counties ,section #ajc7;d77#b7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaac7;d77#b77 is amended by striking #bjbj and inserting #bjbc4 7c7 ,pilot program ,to streamline nomination of members of resource advisory committees ,section #bje of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabe7 is amended by striking subsection 7g7 and inserting the following3 7g7 ,resource advisory committee appointment pilot programs 7#a7 ,definitions ,in this subsection3 7,a7 ,applicable designee ,the term applicable designee means the applicable regional forester4 7,b7 ,national pilot program ,the term national pilot program means the national pilot program established under paragraph 7#d77;,a74 7,c7 ,regional pilot program ,the term regional pilot program means the regional pilot program established under paragraph 7#c77;,a74 7#b7 ,establishment of pilot programs ,in accordance with paragraphs 7#c7 and 7#d71 the ,secretary concerned shall carry out #b pilot programs to appoint members of resource advisory committees4 7#c7 ,regional pilot program 7,a7 ,in general ,the ,secretary concerned shall carry out a regional pilot program to allow an applicable designee to appoint members of resource advisory committees4 7,b7 ,geographic limitation ,the regional pilot program shall only apply to resource advisory committees chartered in-- 7i7 the ,state of ,montana2 and 7ii7 the ,state of ,arizona4 7,c7 ,responsibilities of applicable designee 7i7 ,review ,before appointing a member of a resource advisory committee under the regional pilot program1 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 effect1 including any review and analysis with respect to civil rights and budgetary requirements4 7ii7 ,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 #bj1 #bjah1 including any requirement for advertising a vacancy4 7#d7 ,national pilot program 7,a7 ,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 ,management1 as applicable1 to submit to the ,secretary concerned nominations of individuals for appointment as members of resource advisory committees4 7,b7 ,appointment ,under the national pilot program1 subject to subparagraph 7,c71 not later than #cj days after the date on which a nomination is transmitted to the ,secretary concerned under subparagraph 7,a71 the ,secretary concerned shall-- 7i7 appoint the nominee to the applicable resource advisory committee2 or 7ii7 reject the nomination4 7,c7 ,automatic appointment ,if the ,secretary concerned does not act on a nomination in accordance with subparagraph 7,b7 by the date described in that subparagraph1 the nominee shall be deemed appointed to the applicable resource advisory committee4 7,d7 ,geographic limitation ,the national pilot program shall apply to a resource advisory committee chartered in any ,state other than-- 7i7 the ,state of ,montana2 or 7ii7 the ,state of ,arizona4 7,e7 ,savings clause ,nothing in this paragraph relieves the ,secretary concerned from any requirement relating to an appointment to a resource advisory committee1 including any requirement with respect to civil rights or advertising a vacancy4 7#e7 ,termination of effectiveness ,the authority provided under this subsection terminates on ,october #a1 #bjbc4 7#f7 ,report to ,congress ,not later #ahj days after the date described in paragraph 7#e71 the ,secretary concerned shall submit to ,congress a report that includes-- 7,a7 with respect to appointments made under the regional pilot program compared to appointments made under the national pilot program1 a description of the extent to which-- 7i7 appointments were faster or slower2 and 7ii7 the requirements described in paragraph 7#c77;,c77i7 differ2 and 7,b7 a recommendation with respect to whether ,congress should terminate1 continue1 modify1 or expand the pilot programs4 4 7d7 ,extension of authority ,to conduct special projects on ,federal land 7#a7 ,existing advisory committees ,section #bje7;a77#d7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabe7;a77#d77 is amended by striking ,december #bj1 #bjba each place it appears and inserting ,december #bj1 #bjbc4 7#b7 ,extension of authority ,section #bjh of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabh7 is amended-- 7,a7 in subsection 7a71 by striking #bjbb and inserting #bjbe2 and 7,b7 in subsection 7b71 by striking #bjbc and inserting #bjbf4 7e7 ,access to broadband and other technology ,section #cjb7;a7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gadb7;a77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 to provide or expand access to-- 7,a7 broadband telecommunications services at local schools2 or 7,b7 the technology and connectivity necessary for students to use a digital learning tool at or outside of a local school campus4 4 7f7 ,extension of authority ,to expend county funds ,section #cjd of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gadd7 is amended-- 7#a7 in subsection 7a71 by striking #bjbb and inserting #bjbe2 and 7#b7 in subsection 7b71 by striking #bjbc and inserting #bjbf4 7g7 ,amounts obligated but unspent2 prohibition on use of funds ,title ,,iii of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gada et seq47 is amended-- 7#a7 by redesignating section #cjd as section #cje2 and 7#b7 by inserting after section #cjc the following3 #cjd4 ,amounts obligated but unspent2 prohibition on use of funds 7a7 ,amounts obligated but unspent ,any county funds that were obligated by the applicable participating county before ,october #a1 #bjag1 but are unspent on ,october #a1 #bjbj-- 7#a7 may1 at the option of the participating county1 be deemed to have been reserved by the participating county on ,october #a1 #bjbj1 for expenditure in accordance with this title2 and 7#b7 7,a7 may be used by the participating county for any authorized use under section #cjb7;a72 and 7,b7 on a determination by the participating county under subparagraph 7,a7 to use the county funds1 shall be available for projects initiated after ,october #a1 #bjbj1 subject to section #cje4 7b7 ,prohibition on use of funds ,notwithstanding any other provision of law1 effective beginning on the date of enactment of the ,energy ,infrastructure ,act1 no county funds made available under this title may be used by any participating county for any lobbying activity1 regardless of the purpose for which the funds are obligated on or before that date4 4 ,july #ai1 #bjba,read twice and placed on the calendar