Title V — Committee on Energy and Natural Resources

117th Congress · Approved Aug 16, 2022 · 136 Stat. 1818

TITLE V Committee on Energy and Natural Resources

Subtitle A Energy

PART 1 General Provisions

SEC. 50111. Definitions.

In this subtitle:

(1)

Greenhouse gas.— The term “greenhouse gas” has the meaning given the term in section 1610(a) of the Energy Policy Act of 1992 (42 U.S.C. 13389(a)).

(2)

Secretary.— The term “Secretary” means the Secretary of Energy.

(3)

State.— The term “State” means a State, the District of Columbia, and a United States Insular Area (as that term is defined in section 50211).

(4)

State energy office.— The term “State energy office” has the meaning given the term in section 124(a) of the Energy Policy Act of 2005 (42 U.S.C. 15821(a)).

(5)

State energy program.— The term “State Energy Program” means the State Energy Program established pursuant to part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 through 6326).

PART 2 Residential Efficiency and Electrification Rebates

SEC. 50121. Home Energy Performance-Based, Whole-House Rebates.

(a)

Appropriation.—

(1)

In general.— In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $4,300,000,000, to remain available through September 30, 2031, to carry out a program to award grants to State energy offices to develop and implement a HOMES rebate program.

(2)

Allocation of funds.—

(A)

In general.— The Secretary shall reserve funds made available under paragraph (1) for each State energy office—

(i)

in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and

(ii)

to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.

(B)

Additional funds.— Not earlier than 2 years after the date of enactment of this Act, any money reserved under subparagraph (A) but not distributed under clause (ii) of that subparagraph shall be redistributed to the State energy offices operating a HOMES rebate program using a grant received under this section in proportion to the amount distributed to those State energy offices under subparagraph (A)(ii).

(3)

Administrative expenses.— Of the funds made available under paragraph (1), the Secretary shall use not more than 3 percent for—

(A)

administrative purposes; and

(B)

providing technical assistance relating to activities carried out under this section.

(b)

Application.— A State energy office seeking a grant under this section shall submit to the Secretary an application that includes a plan to implement a HOMES rebate program, including a plan—

(1)

to use procedures, as approved by the Secretary, for determining the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit that are calibrated to historical energy usage for a home consistent with BPI 2400, for purposes of modeled performance home rebates;

(2)

to use open-source advanced measurement and verification software, as approved by the Secretary, for determining and documenting the monthly and hourly (if available) weather-normalized energy use of a home before and after the implementation of a home energy efficiency retrofit, for purposes of measured performance home rebates;

(3)

to value savings based on time, location, or greenhouse gas emissions;

(4)

for quality monitoring to ensure that each home energy efficiency retrofit for which a rebate is provided is documented in a certificate that—

(A)

is provided by the contractor and certified by a third party to the homeowner; and

(B)

details the work performed, the equipment and materials installed, and the projected energy savings or energy generation to support accurate valuation of the retrofit;

(5)

to provide a contractor performing a home energy efficiency retrofit or an aggregator who has the right to claim a rebate $200 for each home located in a disadvantaged community that receives a home energy efficiency retrofit for which a rebate is provided under the program; and

(6)

to ensure that a homeowner or aggregator does not receive a rebate for the same upgrade through both a HOMES rebate program and any other Federal grant or rebate program, pursuant to subsection (c)(7).

(c)

HOMES Rebate Program.—

(1)

In general.— A HOMES rebate program carried out by a State energy office receiving a grant pursuant to this section shall provide rebates to homeowners and aggregators for whole-house energy saving retrofits begun on or after the date of enactment of this Act and completed by not later than September 30, 2031.

(2)

Amount of rebate.— Subject to paragraph (3), under a HOMES rebate program, the amount of a rebate shall not exceed—

(A)

for individuals and aggregators carrying out energy efficiency upgrades of single-family homes—

(i)

in the case of a retrofit that achieves modeled energy system savings of not less than 20 percent but less than 35 percent, the lesser of—

(I)

$2,000; and

(II)

50 percent of the project cost;

(ii)

in the case of a retrofit that achieves modeled energy system savings of not less than 35 percent, the lesser of—

(I)

$4,000; and

(II)

50 percent of the project cost; and

(iii)

for measured energy savings, in the case of a home or portfolio of homes that achieves energy savings of not less than 15 percent—

(I)

a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $2,000 for a 20 percent reduction of energy use for the average home in the State; or

(II)

50 percent of the project cost;

(B)

for multifamily building owners and aggregators carrying out energy efficiency upgrades of multifamily buildings—

(i)

in the case of a retrofit that achieves modeled energy system savings of not less than 20 percent but less than 35 percent, $2,000 per dwelling unit, with a maximum of $200,000 per multifamily building;

(ii)

in the case of a retrofit that achieves modeled energy system savings of not less than 35 percent, $4,000 per dwelling unit, with a maximum of $400,000 per multifamily building; or

(iii)

for measured energy savings, in the case of a multifamily building or portfolio of multifamily buildings that achieves energy savings of not less than 15 percent—

(I)

a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $2,000 for a 20 percent reduction of energy use per dwelling unit for the average multifamily building in the State; or

(II)

50 percent of the project cost; and

(C)

for individuals and aggregators carrying out energy efficiency upgrades of a single-family home occupied by a low- or moderate-income household or a multifamily building not less than 50 percent of the dwelling units of which are occupied by low- or moderate-income households—

(i)

in the case of a retrofit that achieves modeled energy system savings of not less than 20 percent but less than 35 percent, the lesser of—

(I)

$4,000 per single-family home or dwelling unit; and

(II)

80 percent of the project cost;

(ii)

in the case of a retrofit that achieves modeled energy system savings of not less than 35 percent, the lesser of—

(I)

$8,000 per single-family home or dwelling unit; and

(II)

80 percent of the project cost; and

(iii)

for measured energy savings, in the case of a single-family home, multifamily building, or portfolio of single-family homes or multifamily buildings that achieves energy savings of not less than 15 percent—

(I)

a payment rate per kilowatt hour saved, or kilowatt hour-equivalent saved, equal to $4,000 for a 20 percent reduction of energy use per single-family home or dwelling unit, as applicable, for the average single-family home or multifamily building in the State; or

(II)

80 percent of the project cost.

(3)

Rebates to low- or moderate-income households.— On approval from the Secretary, notwithstanding paragraph (2), a State energy office carrying out a HOMES rebate program using a grant awarded pursuant to this section may increase rebate amounts for low- or moderate-income households.

(4)

Use of funds.— A State energy office that receives a grant pursuant to this section may use not more than 20 percent of the grant amount for planning, administration, or technical assistance related to a HOMES rebate program.

(5)

Data access guidelines.— The Secretary shall develop and publish guidelines for States relating to residential electric and natural gas energy data sharing.

(6)

Exemption.— Activities carried out by a State energy office using a grant awarded pursuant to this section shall not be subject to the expenditure prohibitions and limitations described in section 420.18 of title 10, Code of Federal Regulations.

(7)

Prohibition on combining rebates.— A rebate provided by a State energy office under a HOMES rebate program may not be combined with any other Federal grant or rebate, including a rebate provided under a high-efficiency electric home rebate program (as defined in section 50122(d)), for the same single upgrade.

(d)

Definitions.— In this section:

(1)

Disadvantaged community.— The term “disadvantaged community” means a community that the Secretary determines, based on appropriate data, indices, and screening tools, is economically, socially, or environmentally disadvantaged.

(2)

HOMES rebate program.— The term “HOMES rebate program” means a Home Owner Managing Energy Savings rebate program established by a State energy office as part of an approved State energy conservation plan under the State Energy Program.

(3)

Low- or moderate-income household.— The term “low- or moderate-income household” means an individual or family the total annual income of which is less than 80 percent of the median income of the area in which the individual or family resides, as reported by the Department of Housing and Urban Development, including an individual or family that has demonstrated eligibility for another Federal program with income restrictions equal to or below 80 percent of area median income.

SEC. 50122. High-Efficiency Electric Home Rebate Program.

(a)

Appropriations.—

(1)

Funds to state energy offices and indian tribes.— In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to carry out a program—

(A)

to award grants to State energy offices to develop and implement a high-efficiency electric home rebate program in accordance with subsection (c), $4,275,000,000, to remain available through September 30, 2031; and

(B)

to award grants to Indian Tribes to develop and implement a high-efficiency electric home rebate program in accordance with subsection (c), $225,000,000, to remain available through September 30, 2031.

(2)

Allocation of funds.—

(A)

State energy offices.— The Secretary shall reserve funds made available under paragraph (1)(A) for each State energy office—

(i)

in accordance with the allocation formula for the State Energy Program in effect on January 1, 2022; and

(ii)

to be distributed to a State energy office if the application of the State energy office under subsection (b) is approved.

(B)

Indian tribes.— The Secretary shall reserve funds made available under paragraph (1)(B)—

(i)

in a manner determined appropriate by the Secretary; and

(ii)

to be distributed to an Indian Tribe if the application of the Indian Tribe under subsection (b) is approved.

(C)

Additional funds.— Not earlier than 2 years after the date of enactment of this Act, any money reserved under—

(i)

subparagraph (A) but not distributed under clause (ii) of that subparagraph shall be redistributed to the State energy offices operating a high-efficiency electric home rebate program in proportion to the amount distributed to those State energy offices under that clause; and

(ii)

subparagraph (B) but not distributed under clause (ii) of that subparagraph shall be redistributed to the Indian Tribes operating a high-efficiency electric home rebate program in proportion to the amount distributed to those Indian Tribes under that clause.

(3)

Administrative expenses.— Of the funds made available under paragraph (1), the Secretary shall use not more than 3 percent for—

(A)

administrative purposes; and

(B)

providing technical assistance relating to activities carried out under this section.

(b)

Application.— A State energy office or Indian Tribe seeking a grant under the program shall submit to the Secretary an application that includes a plan to implement a high-efficiency electric home rebate program, including—

(1)

a plan to verify the income eligibility of eligible entities seeking a rebate for a qualified electrification project;

(2)

a plan to allow rebates for qualified electrification projects at the point of sale in a manner that ensures that the income eligibility of an eligible entity seeking a rebate may be verified at the point of sale;

(3)

a plan to ensure that an eligible entity does not receive a rebate for the same qualified electrification project through both a high-efficiency electric home rebate program and any other Federal grant or rebate program, pursuant to subsection (c)(8); and

(4)

any additional information that the Secretary may require.

(c)

High-efficiency Electric Home Rebate Program.—

(1)

In general.— Under the program, the Secretary shall award grants to State energy offices and Indian Tribes to establish a high-efficiency electric home rebate program under which rebates shall be provided to eligible entities for qualified electrification projects.

(2)

Guidelines.— The Secretary shall prescribe guidelines for high-efficiency electric home rebate programs, including guidelines for providing point of sale rebates in a manner consistent with the income eligibility requirements under this section.

(3)

Amount of rebate.—

(A)

Appliance upgrades.— The amount of a rebate provided under a high-efficiency electric home rebate program for the purchase of an appliance under a qualified electrification project shall be—

(i)

not more than $1,750 for a heat pump water heater;

(ii)

not more than $8,000 for a heat pump for space heating or cooling; and

(iii)

not more than $840 for—

(I)

an electric stove, cooktop, range, or oven; or

(II)

an electric heat pump clothes dryer.

(B)

Nonappliance upgrades.— The amount of a rebate provided under a high-efficiency electric home rebate program for the purchase of a nonappliance upgrade under a qualified electrification project shall be—

(i)

not more than $4,000 for an electric load service center upgrade;

(ii)

not more than $1,600 for insulation, air sealing, and ventilation; and

(iii)

not more than $2,500 for electric wiring.

(C)

Maximum rebate.— An eligible entity receiving multiple rebates under this section may receive not more than a total of $14,000 in rebates.

(4)

Limitations.— A rebate provided using funding under this section shall not exceed—

(A)

in the case of an eligible entity described in subsection (d)(1)(A)—

(i)

50 percent of the cost of the qualified electrification project for a household the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and

(ii)

100 percent of the cost of the qualified electrification project for a household the annual income of which is less than 80 percent of the area median income;

(B)

in the case of an eligible entity described in subsection (d)(1)(B)—

(i)

50 percent of the cost of the qualified electrification project for a multifamily building not less than 50 percent of the residents of which are households the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and

(ii)

100 percent of the cost of the qualified electrification project for a multifamily building not less than 50 percent of the residents of which are households the annual income of which is less than 80 percent of the area median income; or

(C)

in the case of an eligible entity described in subsection (d)(1)(C)—

(i)

50 percent of the cost of the qualified electrification project for a household—

(I)

on behalf of which the eligible entity is working; and

(II)

the annual income of which is not less than 80 percent and not greater than 150 percent of the area median income; and

(ii)

100 percent of the cost of the qualified electrification project for a household—

(I)

on behalf of which the eligible entity is working; and

(II)

the annual income of which is less than 80 percent of the area median income.

(5)

Amount for installation of upgrades.—

(A)

In general.— In the case of an eligible entity described in subsection (d)(1)(C) that receives a rebate under the program and performs the installation of the applicable qualified electrification project, a State energy office or Indian Tribe shall provide to that eligible entity, in addition to the rebate, an amount that—

(i)

does not exceed $500; and

(ii)

is commensurate with the scale of the upgrades installed as part of the qualified electrification project, as determined by the Secretary.

(B)

Treatment.— An amount received under subparagraph (A) by an eligible entity described in that subparagraph shall not be subject to the requirement under paragraph (6).

(6)

Requirement.— An eligible entity described in subparagraph (C) of subsection (d)(1) shall discount the amount of a rebate received for a qualified electrification project from any amount charged by that eligible entity to the eligible entity described in subparagraph (A) or (B) of that subsection on behalf of which the qualified electrification project is carried out.

(7)

Exemption.— Activities carried out by a State energy office using a grant provided under the program shall not be subject to the expenditure prohibitions and limitations described in section 420.18 of title 10, Code of Federal Regulations.

(8)

Prohibition on combining rebates.— A rebate provided by a State energy office or Indian Tribe under a high-efficiency electric home rebate program may not be combined with any other Federal grant or rebate, including a rebate provided under a HOMES rebate program (as defined in section 50121(d)), for the same qualified electrification project.

(9)

Administrative costs.— A State energy office or Indian Tribe that receives a grant under the program shall use not more than 20 percent of the grant amount for planning, administration, or technical assistance relating to a high-efficiency electric home rebate program.

(d)

Definitions.— In this section:

(1)

Eligible entity.— The term “eligible entity” means—

(A)

a low- or moderate-income household;

(B)

an individual or entity that owns a multifamily building not less than 50 percent of the residents of which are low- or moderate-income households; and

(C)

a governmental, commercial, or nonprofit entity, as determined by the Secretary, carrying out a qualified electrification project on behalf of an entity described in subparagraph (A) or (B).

(2)

High-efficiency electric home rebate program.— The term “high-efficiency electric home rebate program” means a rebate program carried out by a State energy office or Indian Tribe pursuant to subsection (c) using a grant received under the program.

(3)

Indian tribe.— The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(4)

Low- or moderate-income household.— The term “low- or moderate-income household” means an individual or family the total annual income of which is less than 150 percent of the median income of the area in which the individual or family resides, as reported by the Department of Housing and Urban Development, including an individual or family that has demonstrated eligibility for another Federal program with income restrictions equal to or below 150 percent of area median income.

(5)

Program.— The term “program” means the program carried out by the Secretary under subsection (a)(1).

(6)

Qualified electrification project.—

(A)

In general.— The term “qualified electrification project” means a project that—

(i)

includes the purchase and installation of—

(I)

an electric heat pump water heater;

(II)

an electric heat pump for space heating and cooling;

(III)

an electric stove, cooktop, range, or oven;

(IV)

an electric heat pump clothes dryer;

(V)

an electric load service center;

(VI)

insulation;

(VII)

air sealing and materials to improve ventilation; or

(VIII)

electric wiring;

(ii)

with respect to any appliance described in clause (i), the purchase of which is carried out—

(I)

as part of new construction;

(II)

to replace a nonelectric appliance; or

(III)

as a first-time purchase with respect to that appliance; and

(iii)

is carried out at, or relating to, a single-family home or multifamily building, as applicable and defined by the Secretary.

(B)

Exclusions.— The term “qualified electrification project” does not include any project with respect to which the appliance, system, equipment, infrastructure, component, or other item described in subclauses (I) through (VIII) of subparagraph (A)(i) is not certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), if applicable.

SEC. 50123. State-Based Home Energy Efficiency Contractor Training Grants.

(a)

Appropriation.— In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $200,000,000, to remain available through September 30, 2031, to carry out a program to provide financial assistance to States to develop and implement a State program described in section 362(d)(13) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)(13)), which shall provide training and education to contractors involved in the installation of home energy efficiency and electrification improvements, including improvements eligible for rebates under a HOMES rebate program (as defined in section 50121(d)) or a high-efficiency electric home rebate program (as defined in section 50122(d)), as part of an approved State energy conservation plan under the State Energy Program.

(b)

Use of Funds.— A State may use amounts received under subsection (a)—

(1)

to reduce the cost of training contractor employees;

(2)

to provide testing and certification of contractors trained and educated under a State program developed and implemented pursuant to subsection (a); and

(3)

to partner with nonprofit organizations to develop and implement a State program pursuant to subsection (a).

(c)

Administrative Expenses.— Of the amounts received by a State under subsection (a), a State shall use not more than 10 percent for administrative expenses associated with developing and implementing a State program pursuant to that subsection.

PART 3 Building Efficiency and Resilience

SEC. 50131. Assistance for Latest and Zero Building Energy Code Adoption.

(a)

Appropriation.— In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated—

(1)

$330,000,000, to remain available through September 30, 2029, to carry out activities under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 through 6326) in accordance with subsection (b); and

(2)

$670,000,000, to remain available through September 30, 2029, to carry out activities under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 through 6326) in accordance with subsection (c).

(b)

Latest Building Energy Code.— The Secretary shall use funds made available under subsection (a)(1) for grants to assist States, and units of local government that have authority to adopt building codes—

(1)

to adopt—

(A)

a building energy code (or codes) for residential buildings that meets or exceeds the 2021 International Energy Conservation Code, or achieves equivalent or greater energy savings;

(B)

a building energy code (or codes) for commercial buildings that meets or exceeds the ANSI/ASHRAE/IES Standard 90.1–2019, or achieves equivalent or greater energy savings; or

(C)

any combination of building energy codes described in subparagraph (A) or (B); and

(2)

to implement a plan for the jurisdiction to achieve full compliance with any building energy code adopted under paragraph (1) in new and renovated residential or commercial buildings, as applicable, which plan shall include active training and enforcement programs and measurement of the rate of compliance each year.

(c)

Zero Energy Code.— The Secretary shall use funds made available under subsection (a)(2) for grants to assist States, and units of local government that have authority to adopt building codes—

(1)

to adopt a building energy code (or codes) for residential and commercial buildings that meets or exceeds the zero energy provisions in the 2021 International Energy Conservation Code or an equivalent stretch code; and

(2)

to implement a plan for the jurisdiction to achieve full compliance with any building energy code adopted under paragraph (1) in new and renovated residential and commercial buildings, which plan shall include active training and enforcement programs and measurement of the rate of compliance each year.

(d)

State Match.— The State cost share requirement under the item relating to “Department of Energy—Energy Conservation” in title II of the Department of the Interior and Related Agencies Appropriations Act, 1985 (42 U.S.C. 6323a; 98 Stat. 1861), shall not apply to assistance provided under this section.

(e)

Administrative Costs.— Of the amounts made available under this section, the Secretary shall reserve not more than 5 percent for administrative costs necessary to carry out this section.

PART 4 Doe Loan and Grant Programs

SEC. 50141. Funding for Department of Energy Loan Programs Office.

(a)

Commitment Authority.— In addition to commitment authority otherwise available and previously provided, the Secretary may make commitments to guarantee loans for eligible projects under section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513), up to a total principal amount of $40,000,000,000, to remain available through September 30, 2026.

(b)

Appropriation.— In addition to amounts otherwise available and previously provided, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,600,000,000, to remain available through September 30, 2026, for the costs of guarantees made under section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513), using the loan guarantee authority provided under subsection (a) of this section.

(c)

Administrative Expenses.— Of the amount made available under subsection (b), the Secretary shall reserve not more than 3 percent for administrative expenses to carry out title XVII of the Energy Policy Act of 2005 and for carrying out section 1702(h)(3) of such Act (42 U.S.C. 16512(h)(3)).

(d)

Limitations.—

(1)

Certification.— None of the amounts made available under this section for loan guarantees shall be available for any project unless the President has certified in advance in writing that the loan guarantee and the project comply with the provisions under this section.

(2)

Denial of double benefit.— Except as provided in paragraph (3), none of the amounts made available under this section for loan guarantees shall be available for commitments to guarantee loans for any projects under which funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel, or affiliated entity are expected to be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements to support the project or to obtain goods or services from the project.

(3)

Exception.— Paragraph (2) shall not preclude the use of the loan guarantee authority provided under this section for commitments to guarantee loans for—

(A)

projects benefitting from otherwise allowable Federal tax benefits;

(B)

projects benefitting from being located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is—

(i)

paid exclusively in cash;

(ii)

deposited in the Treasury as offsetting receipts; and

(iii)

equal to the fair market value;

(C)

projects benefitting from the Federal insurance program under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210); or

(D)

electric generation projects using transmission facilities owned or operated by a Federal Power Marketing Administration or the Tennessee Valley Authority that have been authorized, approved, and financed independent of the project receiving the guarantee.

(e)

Guarantee.— Section 1701(4)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16511(4)(A)) is amended by inserting “ , except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)” before the period at the end.

(f)

Source of Payments.— Section 1702(b) of the Energy Policy Act of 2005 (42 U.S.C. 16512(b)(2)) is amended by adding at the end the following:

“(3) Source of payments.—The source of a payment received from a borrower under subparagraph (A) or (B) of paragraph (2) may not be a loan or other debt obligation that is made or guaranteed by the Federal Government.”

SEC. 50142. Advanced Technology Vehicle Manufacturing.

(a)

Appropriation.— In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $3,000,000,000, to remain available through September 30, 2028, for the costs of providing direct loans under section 136(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)): Provided, That funds appropriated by this section may be used for the costs of providing direct loans for reequipping, expanding, or establishing a manufacturing facility in the United States to produce, or for engineering integration performed in the United States of, advanced technology vehicles described in subparagraph (C), (D), (E), or (F) of section 136(a)(1) of such Act (42 U.S.C. 17013(a)(1)) only if such advanced technology vehicles emit, under any possible operational mode or condition, low or zero exhaust emissions of greenhouse gases.

(b)

Administrative Costs.— The Secretary shall reserve not more than $25,000,000 of amounts made available under subsection (a) for administrative costs of providing loans as described in subsection (a).

(c)

Elimination of Loan Program Cap.— Section 136(d)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)(1)) is amended by striking “ a total of not more than $25,000,000,000 in”.

SEC. 50143. Domestic Manufacturing Conversion Grants.

(a)

(b)

Cost Share.— The Secretary shall require a recipient of a grant provided under subsection (a) to provide not less than 50 percent of the cost of the project carried out using the grant.

(c)

Administrative Costs.— The Secretary shall reserve not more than 3 percent of amounts made available under subsection (a) for administrative costs of making grants described in such subsection (a) pursuant to section 712 of the Energy Policy Act of 2005 (42 U.S.C. 16062).

SEC. 50144. Energy Infrastructure Reinvestment Financing.

(a)

(b)

Commitment Authority.— The Secretary may make, through September 30, 2026, commitments to guarantee loans for projects under section 1706 of the Energy Policy Act of 2005 the total principal amount of which is not greater than $250,000,000,000, subject to the limitations that apply to loan guarantees under section 50141(d).

(c)

Energy Infrastructure Reinvestment Financing.— Title XVII of the Energy Policy Act of 2005 is amended by inserting after section 1705 (42 U.S.C. 16516) the following:

“SEC. 1706. ENERGY INFRASTRUCTURE REINVESTMENT FINANCING.

“(a) In General.—Notwithstanding section 1703, the Secretary may make guarantees, including refinancing, under this section only for projects that—

“(1) retool, repower, repurpose, or replace energy infrastructure that has ceased operations; or

“(2) enable operating energy infrastructure to avoid, reduce, utilize, or sequester air pollutants or anthropogenic emissions of greenhouse gases.

“(b) Inclusion.—A project under subsection (a) may include the remediation of environmental damage associated with energy infrastructure.

“(c) Requirement.—A project under subsection (a)(1) that involves electricity generation through the use of fossil fuels shall be required to have controls or technologies to avoid, reduce, utilize, or sequester air pollutants and anthropogenic emissions of greenhouse gases.

“(d) Application.—To apply for a guarantee under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—

“(1) a detailed plan describing the proposed project;

“(2) an analysis of how the proposed project will engage with and affect associated communities; and

“(3) in the case of an applicant that is an electric utility, an assurance that the electric utility shall pass on any financial benefit from the guarantee made under this section to the customers of, or associated communities served by, the electric utility.

“(e) Term.—Notwithstanding section 1702(f), the term of an obligation shall require full repayment over a period not to exceed 30 years.

“(f) Definition of Energy Infrastructure.—In this section, the term ‘energy infrastructure’ means a facility, and associated equipment, used for—

“(1) the generation or transmission of electric energy; or

“(2) the production, processing, and delivery of fossil fuels, fuels derived from petroleum, or petrochemical feedstocks.”

(d)

Conforming Amendment.— Section 1702(o)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16512(o)(3)) is amended by inserting “ and projects described in section 1706(a)” before the period at the end.

SEC. 50145. Tribal Energy Loan Guarantee Program.

(a)

Appropriation.— In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $75,000,000, to remain available through September 30, 2028, to carry out section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), subject to the limitations that apply to loan guarantees under section 50141(d).

(b)

Department of Energy Tribal Energy Loan Guarantee Program.— Section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amended—

(1)

in paragraph (1), by striking “ ) for an amount equal to not more than 90 percent of” and inserting “ , except that a loan guarantee may guarantee any debt obligation of a non-Federal borrower to any Eligible Lender (as defined in section 609.2 of title 10, Code of Federal Regulations)) for”; and

(2)

in paragraph (4), by striking “ $2,000,000,000” and inserting “ $20,000,000,000”.

PART 5 Electric Transmission

SEC. 50151. Transmission Facility Financing.

(a)

Appropriation.— In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,000,000,000, to remain available through September 30, 2030, to carry out this section: Provided, That the Secretary shall not enter into any loan agreement pursuant to this section that could result in disbursements after September 30, 2031.

(b)

Use of Funds.— The Secretary shall use the amounts made available by subsection (a) to carry out a program to pay the costs of direct loans to non-Federal borrowers, subject to the limitations that apply to loan guarantees under section 50141(d) and under such terms and conditions as the Secretary determines to be appropriate, for the construction or modification of electric transmission facilities designated by the Secretary to be necessary in the national interest under section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)).

(c)

Loans.— A direct loan provided under this section—

(1)

shall have a term that does not exceed the lesser of—

(A)

90 percent of the projected useful life, in years, of the eligible transmission facility; and

(B)

30 years;

(2)

shall not exceed 80 percent of the project costs; and

(3)

shall, on first issuance, be subject to the condition that the direct loan is not subordinate to other financing.

(d)

Interest Rates.— A direct loan provided under this section shall bear interest at a rate determined by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date on which the direct loan is made.

(e)

Definition of Direct Loan.— In this section, the term “direct loan” has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).

SEC. 50152. Grants to Facilitate the Siting of Interstate Electricity Transmission Lines.

(a)

Appropriation.— In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $760,000,000, to remain available through September 30, 2029, for making grants in accordance with this section and for administrative expenses associated with carrying out this section.

(b)

Use of Funds.—

(1)

In general.— The Secretary may make a grant under this section to a siting authority for, with respect to a covered transmission project, any of the following activities:

(A)

Studies and analyses of the impacts of the covered transmission project.

(B)

Examination of up to 3 alternate siting corridors within which the covered transmission project feasibly could be sited.

(C)

Participation by the siting authority in regulatory proceedings or negotiations in another jurisdiction, or under the auspices of a Transmission Organization (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) that is also considering the siting or permitting of the covered transmission project.

(D)

Participation by the siting authority in regulatory proceedings at the Federal Energy Regulatory Commission or a State regulatory commission for determining applicable rates and cost allocation for the covered transmission project.

(E)

Other measures and actions that may improve the chances of, and shorten the time required for, approval by the siting authority of the application relating to the siting or permitting of the covered transmission project, as the Secretary determines appropriate.

(2)

Economic development.— The Secretary may make a grant under this section to a siting authority, or other State, local, or Tribal governmental entity, for economic development activities for communities that may be affected by the construction and operation of a covered transmission project, provided that the Secretary shall not enter into any grant agreement pursuant to this section that could result in any outlays after September 30, 2031.

(c)

Conditions.—

(1)

Final decision on application.— In order to receive a grant for an activity described in subsection (b)(1), the Secretary shall require a siting authority to agree, in writing, to reach a final decision on the application relating to the siting or permitting of the applicable covered transmission project not later than 2 years after the date on which such grant is provided, unless the Secretary authorizes an extension for good cause.

(2)

Federal share.— The Federal share of the cost of an activity described in subparagraph (C) or (D) of subsection (b)(1) shall not exceed 50 percent.

(3)

Economic development.— The Secretary may only disburse grant funds for economic development activities under subsection (b)(2)—

(A)

to a siting authority upon approval by the siting authority of the applicable covered transmission project; and

(B)

to any other State, local, or Tribal governmental entity upon commencement of construction of the applicable covered transmission project in the area under the jurisdiction of the entity.

(d)

Returning Funds.— If a siting authority that receives a grant for an activity described in subsection (b)(1) fails to use all grant funds within 2 years of receipt, the siting authority shall return to the Secretary any such unused funds.

(e)

Definitions.— In this section:

(1)

Covered transmission project.— The term “covered transmission project” means a high-voltage interstate or offshore electricity transmission line—

(A)

that is proposed to be constructed and to operate—

(i)

at a minimum of 275 kilovolts of either alternating-current or direct-current electric energy by an entity; or

(ii)

offshore and at a minimum of 200 kilovolts of either alternating-current or direct-current electric energy by an entity; and

(B)

for which such entity has applied, or informed a siting authority of such entity’s intent to apply, for regulatory approval.

(2)

Siting authority.— The term “siting authority” means a State, local, or Tribal governmental entity with authority to make a final determination regarding the siting, permitting, or regulatory status of a covered transmission project that is proposed to be located in an area under the jurisdiction of the entity.

SEC. 50153. Interregional and Offshore Wind Electricity Transmission Planning, Modeling, and Analysis.

(a)

(b)

Use of Funds.— The Secretary shall use amounts made available under subsection (a)—

(1)

to pay expenses associated with convening relevant stakeholders to address the development of interregional electricity transmission and transmission of electricity that is generated by offshore wind; and

(2)

to conduct planning, modeling, and analysis regarding interregional electricity transmission and transmission of electricity that is generated by offshore wind, taking into account the local, regional, and national economic, reliability, resilience, security, public policy, and environmental benefits of interregional electricity transmission and transmission of electricity that is generated by offshore wind, including planning, modeling, and analysis, as the Secretary determines appropriate, pertaining to—

(A)

clean energy integration into the electric grid, including the identification of renewable energy zones;

(B)

the effects of changes in weather due to climate change on the reliability and resilience of the electric grid;

(C)

cost allocation methodologies that facilitate the expansion of the bulk power system;

(D)

the benefits of coordination between generator interconnection processes and transmission planning processes;

(E)

the effect of increased electrification on the electric grid;

(F)

power flow modeling;

(G)

the benefits of increased interconnections or interties between or among the Western Interconnection, the Eastern Interconnection, the Electric Reliability Council of Texas, and other interconnections, as applicable;

(H)

the cooptimization of transmission and generation, including variable energy resources, energy storage, and demand-side management;

(I)

the opportunities for use of nontransmission alternatives, energy storage, and grid-enhancing technologies;

(J)

economic development opportunities for communities arising from development of interregional electricity transmission and transmission of electricity that is generated by offshore wind;

(K)

evaluation of existing rights-of-way and the need for additional transmission corridors; and

(L)

a planned national transmission grid, which would include a networked transmission system to optimize the existing grid for interconnection of offshore wind farms.

PART 6 Industrial

SEC. 50161. Advanced Industrial Facilities Deployment Program.

(a)

Office of Clean Energy Demonstrations.— In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Office of Clean Energy Demonstrations, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $5,812,000,000, to remain available through September 30, 2026, to carry out this section.

(b)

Financial Assistance.— The Secretary shall use funds appropriated by subsection (a) to provide financial assistance, on a competitive basis, to eligible entities to carry out projects for—

(1)

the purchase and installation, or implementation, of advanced industrial technology at an eligible facility;

(2)

retrofits, upgrades to, or operational improvements at an eligible facility to install or implement advanced industrial technology; or

(3)

engineering studies and other work needed to prepare an eligible facility for activities described in paragraph (1) or (2).

(c)

Application.— To be eligible to receive financial assistance under subsection (b), an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the expected greenhouse gas emissions reductions to be achieved by carrying out the project.

(d)

Priority.— In providing financial assistance under subsection (b), the Secretary shall give priority consideration to projects on the basis of, as determined by the Secretary—

(1)

the expected greenhouse gas emissions reductions to be achieved by carrying out the project;

(2)

the extent to which the project would provide the greatest benefit for the greatest number of people within the area in which the eligible facility is located; and

(3)

whether the eligible entity participates or would participate in a partnership with purchasers of the output of the eligible facility.

(e)

Cost Share.— The Secretary shall require an eligible entity to provide not less than 50 percent of the cost of a project carried out pursuant to this section.

(f)

Administrative Costs.— The Secretary shall reserve not more than $300,000,000 of amounts made available under subsection (a) for administrative costs of carrying out this section.

(g)

Definitions.— In this section:

(1)

Advanced industrial technology.— The term “advanced industrial technology” means a technology directly involved in an industrial process, as described in any of paragraphs (1) through (6) of section 454(c) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17113(c)), and designed to accelerate greenhouse gas emissions reduction progress to net-zero at an eligible facility, as determined by the Secretary.

(2)

Eligible entity.— The term “eligible entity” means the owner or operator of an eligible facility.

(3)

Eligible facility.— The term “eligible facility” means a domestic, non-Federal, nonpower industrial or manufacturing facility engaged in energy-intensive industrial processes, including production processes for iron, steel, steel mill products, aluminum, cement, concrete, glass, pulp, paper, industrial ceramics, chemicals, and other energy intensive industrial processes, as determined by the Secretary.

(4)

Financial assistance.— The term “financial assistance” means a grant, rebate, direct loan, or cooperative agreement.

PART 7 Other Energy Matters

SEC. 50171. Department of Energy Oversight.

In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $20,000,000, to remain available through September 30, 2031, for oversight by the Department of Energy Office of Inspector General of the Department of Energy activities for which funding is appropriated in this subtitle.

SEC. 50172. National Laboratory Infrastructure.

(a)

Office of Science.— In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Director of the Office of Science, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to remain available through September 30, 2027—

(1)

$133,240,000 to carry out activities for science laboratory infrastructure projects;

(2)

$303,656,000 to carry out activities for high energy physics construction and major items of equipment projects;

(3)

$280,000,000 to carry out activities for fusion energy science construction and major items of equipment projects;

(4)

$217,000,000 to carry out activities for nuclear physics construction and major items of equipment projects;

(5)

$163,791,000 to carry out activities for advanced scientific computing research facilities;

(6)

$294,500,000 to carry out activities for basic energy sciences projects; and

(7)

$157,813,000 to carry out activities for isotope research and development facilities.

(b)

Office of Fossil Energy and Carbon Management.— In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $150,000,000, to remain available through September 30, 2027, to carry out activities for infrastructure and general plant projects carried out by the Office of Fossil Energy and Carbon Management.

(c)

Office of Nuclear Energy.— In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $150,000,000, to remain available through September 30, 2027, to carry out activities for infrastructure and general plant projects carried out by the Office of Nuclear Energy.

(d)

Office of Energy Efficiency and Renewable Energy.— In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $150,000,000, to remain available through September 30, 2027, to carry out activities for infrastructure and general plant projects carried out by the Office of Energy Efficiency and Renewable Energy.

SEC. 50173. Availability of High-Assay Low-Enriched Uranium.

(a)

Appropriations.— In addition to amounts otherwise available, there is appropriated to the Secretary of for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, to remain available through September 30, 2026—

(1)

$100,000,000 to carry out the program elements described in subparagraphs (A) through (C) of section 2001(a)(2) of the Energy Act of 2020 (42 U.S.C. 16281(a)(2));

(2)

$500,000,000 to carry out the program elements described in subparagraphs (D) through (H) of that section; and

(3)

$100,000,000 to carry out activities to support the availability of high-assay low-enriched uranium for civilian domestic research, development, demonstration, and commercial use under section 2001 of the Energy Act of 2020 (42 U.S.C. 16281).

(b)

Competitive Procedures.— To the maximum extent practicable, the Department of Energy shall, in a manner consistent with section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16353), use a competitive, merit-based review process in carrying out research, development, demonstration, and deployment activities under section 2001 of the Energy Act of 2020 (42 U.S.C. 16281).

(c)

Administrative Expenses.— The Secretary may use not more than 3 percent of the amounts appropriated by subsection (a) for administrative purposes.

Subtitle B Natural Resources

PART 1 General Provisions

SEC. 50211. Definitions.

In this subtitle:

(1)

Secretary.— The term “Secretary” means the Secretary of the Interior.

(2)

United states insular areas.— The term “United States Insular Areas” means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, and the United States Virgin Islands.

PART 2 Public Lands

SEC. 50221. National Parks and Public Lands Conservation and Resilience.

In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available through September 30, 2031, to carry out projects for the conservation, protection, and resiliency of lands and resources administered by the National Park Service and Bureau of Land Management. None of the funds provided under this section shall be subject to cost-share or matching requirements.

SEC. 50222. National Parks and Public Lands Conservation and Ecosystem Restoration.

In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available through September 30, 2031, to carry out conservation, ecosystem and habitat restoration projects on lands administered by the National Park Service and Bureau of Land Management. None of the funds provided under this section shall be subject to cost-share or matching requirements.

SEC. 50223. National Park Service Employees.

In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $500,000,000, to remain available through September 30, 2030, to hire employees to serve in units of the National Park System or national historic or national scenic trails administered by the National Park Service.

SEC. 50224. National Park System Deferred Maintenance.

In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $200,000,000, to remain available through September 30, 2026, to carry out priority deferred maintenance projects, through direct expenditures or transfers, within the boundaries of the National Park System.

PART 3 Drought Response and Preparedness

SEC. 50231. Bureau of Reclamation Domestic Water Supply Projects.

In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Commissioner of Reclamation, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $550,000,000, to remain available through September 30, 2031, for grants, contracts, or financial assistance agreements for disadvantaged communities (identified according to criteria adopted by the Commissioner of Reclamation) in a manner as determined by the Commissioner of Reclamation for up to 100 percent of the cost of the planning, design, or construction of water projects the primary purpose of which is to provide domestic water supplies to communities or households that do not have reliable access to domestic water supplies in a State or territory described in the first section of the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093).

SEC. 50232. Canal Improvement Projects.

In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Commissioner of Reclamation, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $25,000,000, to remain available through September 30, 2031, for the design, study, and implementation of projects (including pilot and demonstration projects) to cover water conveyance facilities with solar panels to generate renewable energy in a manner as determined by the Secretary or for other solar projects associated with Bureau of Reclamation projects that increase water efficiency and assist in implementation of clean energy goals.

SEC. 50233. Drought Mitigation in the Reclamation States.

(a)

Definition of Reclamation State.— In this section, the term “Reclamation State” means a State or territory described in the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).

(b)

Appropriation.— In addition to amounts otherwise available, there is appropriated to the Secretary (acting through the Commissioner of Reclamation), for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $4,000,000,000, to remain available through September 30, 2026, for grants, contracts, or financial assistance agreements, in accordance with the reclamation laws, to or with public entities and Indian Tribes, that provide for the conduct of the following activities to mitigate the impacts of drought in the Reclamation States, with priority given to the Colorado River Basin and other basins experiencing comparable levels of long-term drought, to be implemented in compliance with applicable environmental law:

(1)

Compensation for a temporary or multiyear voluntary reduction in diversion of water or consumptive water use.

(2)

Voluntary system conservation projects that achieve verifiable reductions in use of or demand for water supplies or provide environmental benefits in the Lower Basin or Upper Basin of the Colorado River.

(3)

Ecosystem and habitat restoration projects to address issues directly caused by drought in a river basin or inland water body.

(c)

Report.— Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Secretary shall submit to Congress a report that describes any expenditures under this section.

PART 4 Insular Affairs

SEC. 50241. Office of Insular Affairs Climate Change Technical Assistance.

(a)

In General.— In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Office of Insular Affairs, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available through September 30, 2026, to provide technical assistance for climate change planning, mitigation, adaptation, and resilience to United States Insular Areas.

(b)

Administrative Expenses.— In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Office of Insular Affairs, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $900,000, to remain available through September 30, 2026, for necessary administrative expenses associated with carrying out this section.

PART 5 Offshore Wind

SEC. 50251. Leasing on the Outer Continental Shelf.

(a)

Leasing Authorized.— The Secretary may grant leases, easements, and rights-of-way pursuant to section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) in an area withdrawn by—

(1)

the Presidential memorandum entitled “Memorandum on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition” and dated September 8, 2020; or

(2)

the Presidential memorandum entitled “Presidential Determination on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition” and dated September 25, 2020.

(b)

Offshore Wind for the Territories.—

(1)

Application of outer continental shelf lands act with respect to territories of the united states.—

(A)

In general.— Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended—

(i)

in subsection (a)—

(I)

by striking “ means all” and inserting the following:

“(1) all”

; and

(II)

in paragraph (1) (as so designated), by striking “ control;” and inserting the following: “ control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and”; and

(III)

by adding at the end following:

“(2) does not include any area conveyed by Congress to a territorial government for administration;”

(ii)

in subsection (p), by striking “ and” after the semicolon at the end;

(iii)

in subsection (q), by striking the period at the end and inserting “ ; and”; and

(iv)

by adding at the end the following:

“(r) The term ‘State’ means—

“(1) each of the several States;

“(2) the Commonwealth of Puerto Rico;

“(3) Guam;

“(4) American Samoa;

“(5) the United States Virgin Islands; and

“(6) the Commonwealth of the Northern Mariana Islands.”

(B)

Exclusions.— Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following:

“(i) Application.—This section shall not apply to the scheduling of any lease sale in an area of the outer Continental Shelf that is adjacent to the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands.”

(2)

Wind lease sales for areas of the outer continental shelf.— The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following:

“SEC. 33. WIND LEASE SALES FOR AREAS OF THE OUTER CONTINENTAL SHELF OFFSHORE OF TERRITORIES OF THE UNITED STATES.

“(a) Wind Lease Sales Off Coasts of Territories of the United States.—

“(1) Call for information and nominations.—

“(A) In general.—The Secretary shall issue calls for information and nominations for proposed wind lease sales for areas of the outer Continental Shelf described in paragraph (2) that are determined to be feasible.

“(B) Initial call.—Not later than September 30, 2025, the Secretary shall issue an initial call for information and nominations under this paragraph.

“(2) Conditional wind lease sales.—The Secretary may conduct wind lease sales in each area within the exclusive economic zone of the United States adjacent to the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands that meets each of the following criteria:

“(A) The Secretary has concluded that a wind lease sale in the area is feasible.

“(B) The Secretary has determined that there is sufficient interest in leasing the area.

“(C) The Secretary has consulted with the Governor of the territory regarding the suitability of the area for wind energy development.”

PART 6 Fossil Fuel Resources

SEC. 50261. Offshore Oil and Gas Royalty Rate.

Section 8(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(1)) is amended—

(1)

in each of subparagraphs (A) and (C), by striking “ not less than 12½ per centum” each place it appears and inserting “ not less than 16⅔ percent, but not more than 18¾ percent, during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, and not less than 16⅔ percent thereafter,”;

(2)

in subparagraph (F), by striking “ no less than 12½ per centum” and inserting “ not less than 16⅔ percent, but not more than 18¾ percent, during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, and not less than 16⅔ percent thereafter,”; and

(3)

in subparagraph (H), by striking “ no less than 12 and ½ per centum” and inserting “ not less than 16⅔ percent, but not more than 18¾ percent, during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, and not less than 16⅔ percent thereafter,”.

SEC. 50262. Mineral Leasing Act Modernization.

(a)

Onshore Oil and Gas Royalty Rates.—

(1)

Lease of oil and gas land.— Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended—

(A)

in subsection (b)(1)(A), in the fifth sentence—

(i)

by striking “ 12.5” and inserting “ 16⅔”; and

(ii)

by inserting “ or, in the case of a lease issued during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, 16⅔ percent in amount or value of the production removed or sold from the lease” before the period at the end; and

(B)

by striking “ 12½ per centum” each place it appears and inserting “ 16⅔ percent”.

(2)

Conditions for reinstatement.— Section 31(e)(3) of the Mineral Leasing Act (30 U.S.C. 188(e)(3)) is amended by striking “ 16⅔” each place it appears and inserting “ 20”.

(b)

Oil and Gas Minimum Bid.— Section 17(b) of the Mineral Leasing Act (30 U.S.C. 226(b)) is amended—

(1)

in paragraph (1)(B), in the first sentence, by striking “ $2 per acre for a period of 2 years from the date of enactment of the Federal Onshore Oil and Gas Leasing Reform Act of 1987.” and inserting “ $10 per acre during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’.”; and

(2)

in paragraph (2)(C), by striking “ $2 per acre” and inserting “ $10 per acre”.

(c)

Fossil Fuel Rental Rates.—

(1)

Annual rentals.— Section 17(d) of the Mineral Leasing Act (30 U.S.C. 226(d)) is amended, in the first sentence, by striking “ $1.50 per acre” and all that follows through the period at the end and inserting “ $3 per acre per year during the 2-year period beginning on the date the lease begins for new leases, and after the end of that 2-year period, $5 per acre per year for the following 6-year period, and not less than $15 per acre per year thereafter, or, in the case of a lease issued during the 10-year period beginning on the date of enactment of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’, $3 per acre per year during the 2-year period beginning on the date the lease begins, and after the end of that 2-year period, $5 per acre per year for the following 6-year period, and $15 per acre per year thereafter.”.

(2)

Rentals in reinstated leases.— Section 31(e)(2) of the Mineral Leasing Act (30 U.S.C. 188(e)(2)) is amended by striking “ $10” and inserting “ $20”.

(d)

Expression of Interest Fee.— Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by adding at the end the following:

“(q) Fee for Expression of Interest.—

“(1) In general.—The Secretary shall assess a nonrefundable fee against any person that, in accordance with procedures established by the Secretary to carry out this subsection, submits an expression of interest in leasing land available for disposition under this section for exploration for, and development of, oil or gas.

“(2) Amount of fee.—

“(A) In general.—Subject to subparagraph (B), the fee assessed under paragraph (1) shall be $5 per acre of the area covered by the applicable expression of interest.

“(B) Adjustment of fee.—The Secretary shall, by regulation, not less frequently than every 4 years, adjust the amount of the fee under subparagraph (A) to reflect the change in inflation.”

(e)

Elimination of Noncompetitive Leasing.—

(1)

In general.— Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended—

(A)

in subsection (b)—

(i)

in paragraph (1)(A)—

(I)

in the first sentence, by striking “ paragraphs (2) and (3) of this subsection” and inserting “ paragraph (2)”; and

(II)

by striking the last sentence; and

(ii)

by striking paragraph (3);

(B)

by striking subsection (c) and inserting the following:

“(c) Additional Rounds of Competitive Bidding.—Land made available for leasing under subsection (b)(1) for which no bid is accepted or received, or the land for which a lease terminates, expires, is cancelled, or is relinquished, may be made available by the Secretary of the Interior for a new round of competitive bidding under that subsection.”

; and

(C)

by striking subsection (e) and inserting the following:

“(e) Term of Lease.—

“(1) In general.—Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years.

“(2) Continuation of lease.—A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities.

“(3) Additional extensions.—Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced and diligently prosecuted prior to the end of the primary term of the lease shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.”

(2)

Conforming amendments.— Section 31 of the Mineral Leasing Act (30 U.S.C. 188) is amended—

(A)

in subsection (d)(1), in the first sentence, by striking “ or section 17(c) of this Act”;

(B)

in subsection (e)—

(i)

in paragraph (2)—

(I)

by striking “ either”; and

(II)

by striking “ or the inclusion” and all that follows through “ , all”; and

(ii)

in paragraph (3)—

(I)

in subparagraph (A), by adding “ and” after the semicolon;

(II)

by striking subparagraph (B); and

(III)

by striking “ (3)(A) payment” and inserting the following:

“(3) payment”

(C)

in subsection (g)—

(i)

in paragraph (1), by striking “ as a competitive” and all that follows through “ of this Act” and inserting “ in the same manner as the original lease issued pursuant to section 17”;

(ii)

by striking paragraph (2);

(iii)

by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and

(iv)

in paragraph (2) (as so redesignated), by striking “ applicable to leases issued under subsection 17(c) of this Act (30 U.S.C. 226(c)) except,” and inserting “ except”;

(D)

in subsection (h), by striking “ subsections (d) and (f) of this section” and inserting “ subsection (d)”;

(E)

in subsection (i), by striking “ (i)(1) In acting” and all that follows through “ of this section” in paragraph (2) and inserting the following:

“(i) Royalty reduction in reinstated leases.—In acting on a petition for reinstatement pursuant to subsection (d)”

(F)

by striking subsection (f); and

(G)

by redesignating subsections (g) through (j) as subsections (f) through (i), respectively.

SEC. 50263. Royalties on All Extracted Methane.

(a)

In General.— For all leases issued after the date of enactment of this Act, except as provided in subsection (b), royalties paid for gas produced from Federal land and on the outer Continental Shelf shall be assessed on all gas produced, including all gas that is consumed or lost by venting, flaring, or negligent releases through any equipment during upstream operations.

(b)

Exception.— Subsection (a) shall not apply with respect to—

(1)

gas vented or flared for not longer than 48 hours in an emergency situation that poses a danger to human health, safety, or the environment;

(2)

gas used or consumed within the area of the lease, unit, or communitized area for the benefit of the lease, unit, or communitized area; or

(3)

gas that is unavoidably lost.

SEC. 50264. Lease Sales under the 2017–2022 Outer Continental Shelf Leasing Program.

(a)

Definitions.— In this section:

(1)

Lease sale 257.— The term “Lease Sale 257” means the lease sale numbered 257 that was approved in the Record of Decision described in the notice of availability of a record of decision issued on August 31, 2021, entitled “Gulf of Mexico, Outer Continental Shelf (OCS), Oil and Gas Lease Sale 257” (86 Fed. Reg. 50160 (September 7, 2021)), and is the subject of the final notice of sale entitled “Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 257” (86 Fed. Reg. 54728 (October 4, 2021)).

(2)

Lease sale 258.— The term “Lease Sale 258” means the lease sale numbered 258 described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program published on November 18, 2016, and approved by the Secretary in the Record of Decision issued on January 17, 2017, described in the notice of availability entitled “Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000” (82 Fed. Reg. 6643 (January 19, 2017)).

(3)

Lease sale 259.— The term “Lease Sale 259” means the lease sale numbered 259 described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program published on November 18, 2016, and approved by the Secretary in the Record of Decision issued on January 17, 2017, described in the notice of availability entitled “Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000” (82 Fed. Reg. 6643 (January 19, 2017)).

(4)

Lease sale 261.— The term “Lease Sale 261” means the lease sale numbered 261 described in the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program published on November 18, 2016, and approved by the Secretary in the Record of Decision issued on January 17, 2017, described in the notice of availability entitled “Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000” (82 Fed. Reg. 6643 (January 19, 2017)).

(b)

Lease Sale 257 Reinstatement.—

(1)

Acceptance of bids.— Not later 30 days after the date of enactment of this Act, the Secretary shall, without modification or delay—

(A)

accept the highest valid bid for each tract or bidding unit of Lease Sale 257 for which a valid bid was received on November 17, 2021; and

(B)

provide the appropriate lease form to the winning bidder to execute and return.

(2)

Lease issuance.— On receipt of an executed lease form under paragraph (1)(B) and payment of the rental for the first year, the balance of the bonus bid (unless deferred), and any required bond or security from the high bidder, the Secretary shall promptly issue to the high bidder a fully executed lease, in accordance with—

(A)

the regulations in effect on the date of Lease Sale 257; and

(B)

the terms and conditions of the final notice of sale entitled “Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 257” (86 Fed. Reg. 54728 (October 4, 2021)).

(c)

Requirement for Lease Sale 258.— Notwithstanding the expiration of the 2017–2022 leasing program, not later than December 31, 2022, the Secretary shall conduct Lease Sale 258 in accordance with the Record of Decision approved by the Secretary on January 17, 2017, described in the notice of availability entitled “Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000” issued on January 17, 2017 (82 Fed. Reg. 6643 (January 19, 2017)).

(d)

Requirement for Lease Sale 259.— Notwithstanding the expiration of the 2017–2022 leasing program, not later than March 31, 2023, the Secretary shall conduct Lease Sale 259 in accordance with the Record of Decision approved by the Secretary on January 17, 2017, described in the notice of availability entitled “Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000” issued on January 17, 2017 (82 Fed. Reg. 6643 (January 19, 2017)).

(e)

Requirement for Lease Sale 261.— Notwithstanding the expiration of the 2017–2022 leasing program, not later than September 30, 2023, the Secretary shall conduct Lease Sale 261 in accordance with the Record of Decision approved by the Secretary on January 17, 2017, described in the notice of availability entitled “Record of Decision for the 2017–2022 Outer Continental Shelf Oil and Gas Leasing Program Final Programmatic Environmental Impact Statement; MMAA104000” issued on January 17, 2017 (82 Fed. Reg. 6643 (January 19, 2017)).

SEC. 50265. Ensuring Energy Security.

(a)

Definitions.— In this section:

(1)

Federal land.— The term “Federal land” means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)).

(2)

Offshore lease sale.— The term “offshore lease sale” means an oil and gas lease sale—

(A)

that is held by the Secretary in accordance with the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and

(B)

that, if any acceptable bids have been received for any tract offered in the lease sale, results in the issuance of a lease.

(3)

Onshore lease sale.— The term “onshore lease sale” means a quarterly oil and gas lease sale—

(A)

that is held by the Secretary in accordance with section 17 of the Mineral Leasing Act (30 U.S.C. 226); and

(B)

that, if any acceptable bids have been received for any parcel offered in the lease sale, results in the issuance of a lease.

(b)

Limitation on Issuance of Certain Leases or Rights-of-way.— During the 10-year period beginning on the date of enactment of this Act—

(1)

the Secretary may not issue a right-of-way for wind or solar energy development on Federal land unless—

(A)

an onshore lease sale has been held during the 120-day period ending on the date of the issuance of the right-of-way for wind or solar energy development; and

(B)

the sum total of acres offered for lease in onshore lease sales during the 1-year period ending on the date of the issuance of the right-of-way for wind or solar energy development is not less than the lesser of—

(i)

2,000,000 acres; and

(ii)

50 percent of the acreage for which expressions of interest have been submitted for lease sales during that period; and

(2)

the Secretary may not issue a lease for offshore wind development under section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) unless—

(A)

an offshore lease sale has been held during the 1-year period ending on the date of the issuance of the lease for offshore wind development; and

(B)

the sum total of acres offered for lease in offshore lease sales during the 1-year period ending on the date of the issuance of the lease for offshore wind development is not less than 60,000,000 acres.

(c)

Savings.— Except as expressly provided in paragraphs (1) and (2) of subsection (b), nothing in this section supersedes, amends, or modifies existing law.

PART 7 United States Geological Survey

SEC. 50271. United States Geological Survey 3d Elevation Program.

In addition to amounts otherwise available, there is appropriated to the Secretary, acting through the Director of the United States Geological Survey, for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $23,500,000, to remain available through September 30, 2031, to produce, collect, disseminate, and use 3D elevation data.

PART 8 Other Natural Resources Matters

SEC. 50281. Department of the Interior Oversight.

In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available through September 30, 2031, for oversight by the Department of the Interior Office of Inspector General of the Department of the Interior activities for which funding is appropriated in this subtitle.

Subtitle C Environmental Reviews

SEC. 50301. Department of Energy.

In addition to amounts otherwise available, there is appropriated to the Secretary of Energy for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $115,000,000, to remain available through September 30, 2031, to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental reviews, the development of environmental data or information systems, stakeholder and community engagement, and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations.

SEC. 50302. Federal Energy Regulatory Commission.

(a)

In General.— In addition to amounts otherwise available, there is appropriated to the Federal Energy Regulatory Commission for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available through September 30, 2031, to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental reviews, the development of environmental data or information systems, stakeholder and community engagement, and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations.

(b)

Fees and Charges.— Section 3401(a) of the Omnibus Budget Reconciliation Act of 1986 (42 U.S.C. 7178(a)) shall not apply to the costs incurred by the Federal Energy Regulatory Commission in carrying out this section.

SEC. 50303. Department of the Interior.

In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $150,000,000, to remain available through September 30, 2026, to provide for the hiring and training of personnel, the development of programmatic environmental documents, the procurement of technical or scientific services for environmental reviews, the development of environmental data or information systems, stakeholder and community engagement, and the purchase of new equipment for environmental analysis to facilitate timely and efficient environmental reviews and authorizations by the National Park Service, the Bureau of Land Management, the Bureau of Ocean Energy Management, the Bureau of Reclamation, the Bureau of Safety and Environmental Enforcement, and the Office of Surface Mining Reclamation and Enforcement.