Environmental Justice for All Act
Summary
This is House Report 117-687, Part 1, of the 117th Congress, 2d Session, titled Environmental Justice for All Act, from the Committee on Natural Resources, together with dissenting views, ordered to be printed December 30, 2022. Mr. Grijalva reports on H.R. 2021, to restore, reaffirm, and reconcile environmental justice and civil rights, which the Committee reports favorably with an amendment and recommends that the bill as amended do pass. The amendment text begins with a table of contents listing sections on prohibited discrimination, a right of action, a White House Environmental Justice Interagency Council, grant programs, and cosmetic labeling. Its findings state that communities of color, low-income communities, and other communities are disproportionately burdened by environmental hazards.
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Cite this document
“Environmental Justice for All Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt687-crpt-117hrpt687-pt1/
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117TH CONGRESS REPT. 117–687
" HOUSE OF REPRESENTATIVES !
2d Session Part 1
ENVIRONMENTAL JUSTICE FOR ALL ACT
DECEMBER 30, 2022.—Ordered to be printed
Mr. GRIJALVA, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2021]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2021) to restore, reaffirm, and reconcile environmental
justice and civil rights, and for other purposes, having considered
the same, reports favorably thereon with an amendment and rec-
ommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Environmental Justice For All
Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; statement of policy.
Sec. 3. Definitions.
Sec. 4. Prohibited discrimination.
Sec. 5. Right of action.
Sec. 6. Rights of recovery.
Sec. 7. Consideration of cumulative impacts and persistent violations in certain permitting decisions.
Sec. 8. White House Environmental Justice Interagency Council.
Sec. 9. Federal agency actions and responsibilities.
Sec. 10. Ombuds.
Sec. 11. Access to parks, outdoor spaces, and public recreation opportunities.
Sec. 12. Transit to trails grant program.
Sec. 13. Repeal of sunset for the Every Kid Outdoors program.
Sec. 14. Protections for environmental justice communities against harmful Federal actions.
Sec. 15. Strengthening Community Protections under the National Environmental Policy Act.
Sec. 16. Training of employees of Federal agencies.
Sec. 17. Environmental justice grant programs.
Sec. 18. Environmental justice basic training program.
Sec. 19. National Environmental Justice Advisory Council.
Sec. 20. Environmental Justice Clearinghouse.
Sec. 21. Public meetings.
Sec. 22. Environmental projects for environmental justice communities.
Sec. 23. Grants to further achievement of Tribal coastal zone objectives.
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Sec. 24. Cosmetic labeling.
39–006
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Sec. 25. Safer cosmetic alternatives for disproportionately impacted communities.
Sec. 26. Safer child care centers, schools, and homes for disproportionately impacted communities.
Sec. 27. Certain menstrual products misbranded if labeling does not include ingredients.
Sec. 28. Support by National Institute of Environmental Health Sciences for research on health disparities im-
pacting communities of color.
Sec. 29. Revenues for just transition assistance.
Sec. 30. Economic revitalization for fossil fuel-dependent communities.
Sec. 31. Evaluation by Comptroller General of the United States.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
(a) FINDINGS.—Congress finds the following:
(1) Communities of color, low-income communities, Tribal and Indigenous
communities, fossil fuel-dependent communities, and other vulnerable popu-
lations, such as persons with disabilities, children, and the elderly, are dis-
proportionately burdened by environmental hazards that include exposure to
polluted air, waterways, and landscapes.
(2) Environmental justice disparities are also exhibited through a lack of equi-
table access to green spaces, public recreation opportunities, and information
and data on potential exposure to environmental hazards.
(3) Communities experiencing environmental injustice have been subjected to
systemic racial, social, and economic injustices and face a disproportionate bur-
den of adverse human health or environmental effects, a higher risk of inten-
tional, unconscious, and structural discrimination, and disproportionate energy
burdens.
(4) Environmental justice communities have been made more vulnerable to
the effects of climate change due to a combination of factors, particularly the
legacy of segregation and historically racist zoning codes, and often have the
least resources to respond, making it a necessity for environmental justice com-
munities to be meaningfully engaged as partners and stakeholders in govern-
ment decision making as the United States builds its climate resilience.
(5) Potential environmental and climate threats to environmental justice com-
munities merit a higher level of engagement, review, and consent to ensure that
communities are not forced to bear disproportionate environmental and health
impacts.
(6) The burden of proof that a proposed action will not harm communities,
including through cumulative exposure effects, should fall on polluting indus-
tries and on the Federal Government in its regulatory role, not the communities
themselves.
(7) Executive Order 12898 (42 U.S.C. 4321 note; relating to Federal actions
to address environmental justice in minority populations and low-income popu-
lations) directs Federal agencies to address disproportionately high and adverse
human health or environmental effects of its programs, but Federal agencies
have been inconsistent in updating their strategic plans for environmental jus-
tice and reporting on their progress in enacting those plans.
(8) Government action to correct environmental injustices is a moral impera-
tive. Federal policy can and should improve public health and improve the over-
all well-being of all communities.
(9) All people have the right to breathe clean air, drink clean water, live free
of dangerous levels of toxic pollution, and share the benefits of a prosperous and
vibrant pollution-free economy.
(10) A fair and just transition to a pollution-free economy is necessary to en-
sure that workers and communities in deindustrialized areas have access to the
resources and benefits of a sustainable future. That transition must also ad-
dress the economic disparities experienced by residents living in areas contami-
nated by pollution or environmental degradation, including access to jobs, and
members of those communities must be fully and meaningfully involved in tran-
sition planning processes.
(11) It is the responsibility of the Federal Government to seek to achieve envi-
ronmental justice, health equity, and climate justice for all communities.
(b) STATEMENT OF POLICY.—It is the policy of Congress that each Federal agency
should—
(1) seek to achieve environmental justice as part of its mission by identifying
and addressing, as appropriate, disproportionately adverse human health or en-
vironmental effects of its programs, policies, practices, and activities on commu-
nities of color, low-income communities, and Tribal and Indigenous communities
in each State and territory of the United States;
(2) promote meaningful involvement by communities and due process in the
development, implementation, and enforcement of environmental laws;
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(3) provide direct guidance and technical assistance to communities experi-
encing environmental injustice focused on increasing shared understanding of
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the science, laws, regulations, and policy related to Federal agency action on en-
vironmental justice issues;
(4) cooperate with State governments, Indian Tribes, and local governments
to address pollution and public health burdens in communities experiencing en-
vironmental injustice, and build healthy, sustainable, and resilient commu-
nities; and
(5) recognize the right of all people to clean air, safe and affordable drinking
water, protection from climate hazards, and the sustainable preservation of the
ecological integrity and aesthetic, scientific, cultural, and historical values of the
natural environment.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of
the Environmental Protection Agency.
(2) ADVISORY COUNCIL.—The term ‘‘Advisory Council’’ means the National En-
vironmental Justice Advisory Council established by the President under sec-
tion 19.
(3) CLEARINGHOUSE.—The term ‘‘Clearinghouse’’ means the Environmental
Justice Clearinghouse established by the Administrator under section 20.
(4) COMMUNITY OF COLOR.—The term ‘‘community of color’’ means a geo-
graphically distinct area in which the population of any of the following cat-
egories of individuals is higher than the average population of that category for
the State in which the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(I) Middle Eastern and North African.
(5) DIRECTOR.—The term ‘‘Director’’ means the Director of the National Insti-
tute of Environmental Health Sciences.
(6) DISPARATE IMPACT.—The term ‘‘disparate impact’’ means an action or prac-
tice that, even if appearing neutral, actually has the effect of subjecting persons
to discrimination on the basis of race, color, or national origin.
(7) DISPROPORTIONATE BURDEN OF ADVERSE HUMAN HEALTH OR ENVIRON-
MENTAL EFFECTS.—The term ‘‘disproportionate burden of adverse human health
or environmental effects’’ means a situation where there exists higher or more
adverse human health or environmental effects on communities of color, low-in-
come communities, and Tribal and Indigenous communities.
(8) ENVIRONMENTAL JUSTICE.—The term ‘‘environmental justice’’ means the
fair treatment and meaningful involvement of all people regardless of race,
color, culture, national origin, or income, with respect to the development, im-
plementation, and enforcement of environmental laws, regulations, and policies
to ensure that each person enjoys—
(A) the same degree of protection from environmental and health haz-
ards; and
(B) equal access and involvement with respect to any Federal agency ac-
tion on environmental justice issues in order to have a healthy environment
in which to live, learn, work, and recreate.
(9) ENVIRONMENTAL JUSTICE COMMUNITY.—The term ‘‘environmental justice
community’’ means a community with significant representation of communities
of color, low-income communities, or Tribal and Indigenous communities, that
experiences, or is at risk of experiencing higher or more adverse human health
or environmental effects.
(10) ENVIRONMENTAL LAW.—The term ‘‘environmental law’’ includes—
(A) the Clean Air Act (42 U.S.C. 7401 et seq.);
(B) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(C) the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.);
(D) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(E) the Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.);
(F) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
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(G) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(H) the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136
et seq.);
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(I) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);
(J) the American Indian Religious Freedom Act (42 U.S.C. 1996 et seq.);
and
(K) the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.).
(11) FAIR TREATMENT.—The term ‘‘fair treatment’’ means the conduct of a pro-
gram, policy, practice, or activity by a Federal agency in a manner that ensures
that no group of individuals (including racial, ethnic, or socioeconomic groups)
experience a disproportionate burden of adverse human health or environ-
mental effects resulting from such program, policy, practice, or activity, as de-
termined through consultation with, and with the meaningful participation of,
individuals from the communities affected by a program, policy, practice, or ac-
tivity of a Federal agency.
(12) 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).
(13) LOCAL GOVERNMENT.—The term ‘‘local government’’ means—
(A) a county, municipality, city, town, township, local public authority,
school district, special district, intrastate district, council of governments
(regardless of whether the council of governments is incorporated as a non-
profit corporation under State law), regional or interstate governmental en-
tity, or agency or instrumentality of a local government; or
(B) an Indian Tribe or authorized Tribal organization, or Alaska Native
village or organization.
(14) LOW-INCOME COMMUNITY.—The term ‘‘low-income community’’ means any
census block group in which 30 percent or more of the population are individ-
uals with an annual household income equal to, or less than, the greater of—
(A) an amount equal to 80 percent of the median income of the area in
which the household is located, as reported by the Department of Housing
and Urban Development; and
(B) 200 percent of the Federal poverty line.
(15) POPULATION.—The term ‘‘population’’ means a census block group or se-
ries of geographically contiguous blocks representing certain common character-
istics, such as race, ethnicity, national origin, income-level, health disparities,
or other public health and socioeconomic attributes.
(16) STATE.—The term ‘‘State’’ means—
(A) any State of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the United States Virgin Islands;
(E) Guam;
(F) American Samoa; and
(G) the Commonwealth of the Northern Mariana Islands.
(17) TRIBAL AND INDIGENOUS COMMUNITY.—The term ‘‘Tribal and Indigenous
community’’ means a population of people who are members of—
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native community or organization;
(D) a Native Hawaiian community or organization; or
(E) any other Indigenous community located in a State.
(18) WHITE HOUSE INTERAGENCY COUNCIL.—The term ‘‘White House inter-
agency council’’ means the White House Environmental Justice Interagency
Council described in section 8.
(19) TRIBAL ORGANIZATIONS.—The term ‘‘Tribal Organizations’’ means organi-
zations that are—
(A) defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b);
(B) Native Hawaiian Organizations or Native Hawaiian Non-Profit Orga-
nizations as defined in section 2 of the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001); or
(C) Urban Indian Organizations as defined in the Indian Health Care Im-
provement Act (25 U.S.C. 1603(29)).
SEC. 4. PROHIBITED DISCRIMINATION.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended—
(1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; and
(2) by adding at the end the following:
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‘‘(b)(1)(A) Discrimination (including exclusion from participation and denial of ben-
efits) based on disparate impact is established under this title if—
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‘‘(i) an entity subject to this title (referred to in this subsection as a ‘covered
entity’) has a program, policy, practice, or activity that causes a disparate im-
pact on the basis of race, color, or national origin and the covered entity fails
to demonstrate that the challenged program, policy, practice, or activity is re-
lated to and necessary to achieve the nondiscriminatory goal of the program,
policy, practice, or activity alleged to have been operated in a discriminatory
manner; or
‘‘(ii) a less discriminatory alternative program, policy, practice, or activity ex-
ists, and the covered entity refuses to adopt such alternative program, policy,
practice, or activity.
‘‘(B) With respect to demonstrating that a particular program, policy, practice, or
activity does not cause a disparate impact, the covered entity shall demonstrate that
each particular challenged program, policy, practice, or activity does not cause a dis-
parate impact, except that if the covered entity demonstrates to the courts that the
elements of the covered entity’s decision-making process are not capable of separa-
tion for analysis, the decision-making process may be analyzed as 1 program, policy,
practice, or activity.
‘‘(2) A demonstration that a program, policy, practice, or activity is necessary to
achieve the goals of a program, policy, practice, or activity may not be used as a
defense against a claim of intentional discrimination under this title.
‘‘(3) In this subsection—
‘‘(A) the term ‘demonstrates’ means to meet the burdens of going forward with
the evidence and of persuasion; and
‘‘(B) the term ‘disparate impact’ has the meaning given the term in section
3 of the Environmental Justice For All Act.
‘‘(c) No person in the United States shall be subjected to discrimination, including
retaliation or intimidation, because such person opposed any program, policy, prac-
tice, or activity prohibited by this title, or because such person made a charge, testi-
fied, assisted, or participated in any manner in an investigation, proceeding, or
hearing under this title.’’.
SEC. 5. RIGHT OF ACTION.
(a) IN GENERAL.—Section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–
1) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Each Federal department and agency which is
empowered’’; and
(2) by adding at the end the following:
‘‘(b) Any person aggrieved by the failure to comply with this title, including any
regulation promulgated pursuant to this title, may file suit in any district court of
the United States having jurisdiction of the parties, without respect to the amount
in controversy and without regard to the citizenship of the parties.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—This section, including the amendments made by this sec-
tion, takes effect on the date of enactment of this Act.
(2) APPLICATION.—This section, including the amendments made by this sec-
tion, applies to all actions or proceedings pending on or after the date of enact-
ment of this Act.
SEC. 6. RIGHTS OF RECOVERY.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is amended by
inserting after section 602 the following:
‘‘SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.
‘‘(a) CLAIMS BASED ON PROOF OF INTENTIONAL DISCRIMINATION.—In an action
brought by an aggrieved person under this title against an entity subject to this title
(referred to in this section as a ‘covered entity’) who has engaged in unlawful inten-
tional discrimination (not a practice that is unlawful because of its disparate im-
pact) prohibited under this title (including its implementing regulations), the ag-
grieved person may recover equitable and legal relief (including compensatory and
punitive damages), attorney’s fees (including expert fees), and costs of the action,
except that punitive damages are not available against a government, government
agency, or political subdivision.
‘‘(b) CLAIMS BASED ON THE DISPARATE IMPACT STANDARD OF PROOF.—In an action
brought by an aggrieved person under this title against a covered entity who has
engaged in unlawful discrimination based on disparate impact prohibited under this
title (including implementing regulations), the aggrieved person may recover attor-
ney’s fees (including expert fees), and costs of the action.
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‘‘(c) DEFINITIONS.—In this section:
‘‘(1) AGGRIEVED PERSON.—The term ‘aggrieved person’ means a person ag-
grieved by discrimination on the basis of race, color, or national origin.
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‘‘(2) DISPARATE IMPACT.—The term ‘disparate impact’ has the meaning given
the term in section 3 of the Environmental Justice For All Act.’’.
SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND PERSISTENT VIOLATIONS IN CER-
TAIN PERMITTING DECISIONS.
(a) FEDERAL WATER POLLUTION CONTROL ACT.—Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) is amended—
(1) by striking the section designation and heading and all that follows
through ‘‘Except as’’ in subsection (a)(1) and inserting the following:
‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
‘‘(a) PERMITS ISSUED BY ADMINISTRATOR.—
‘‘(1) IN GENERAL.—Except as’’;
(2) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘upon condition that such discharge will meet either
(A) all’’ and inserting the following: ‘‘subject to the conditions that—
‘‘(A) the discharge will achieve compliance with, as applicable—
‘‘(i) all’’;
(ii) by striking ‘‘403 of this Act, or (B) prior’’ and inserting the fol-
lowing: ‘‘403; or
‘‘(ii) prior’’; and
(iii) by striking ‘‘this Act.’’ and inserting the following: ‘‘this Act; and
‘‘(B) with respect to the issuance or renewal of the permit—
‘‘(i) based on an analysis by the Administrator of existing water qual-
ity and the potential cumulative impacts (as defined in section 501 of
the Clean Air Act (42 U.S.C. 7661)) of the discharge, considered in con-
junction with the designated and actual uses of the impacted navigable
water, there exists a reasonable certainty of no harm to the health of
the general population, or to any potentially exposed or susceptible sub-
population; or
‘‘(ii) if the Administrator determines that, due to those potential cu-
mulative impacts, there does not exist a reasonable certainty of no
harm to the health of the general population, or to any potentially ex-
posed or susceptible subpopulation, the permit or renewal includes such
terms and conditions as the Administrator determines to be necessary
to ensure a reasonable certainty of no harm.’’; and
(B) in paragraph (2), by striking ‘‘assure compliance with the require-
ments of paragraph (1) of this subsection, including conditions on data and
information collection, reporting, and such other requirements as he deems
appropriate.’’ and inserting the following: ‘‘ensure compliance with the re-
quirements of paragraph (1), including—
‘‘(A) conditions relating to—
‘‘(i) data and information collection;
‘‘(ii) reporting; and
‘‘(iii) such other requirements as the Administrator determines to be ap-
propriate; and
‘‘(B) additional controls or pollution prevention requirements.’’; and
(3) in subsection (b)—
(A) in each of paragraphs (1)(D), (2)(B), and (3) through (7), by striking
the semicolon at the end and inserting a period;
(B) in paragraph (8), by striking ‘‘; and’’ at the end and inserting a period;
and
(C) by adding at the end the following:
‘‘(10) To ensure that no permit will be issued or renewed if, with respect to an
application for the permit, the State determines, based on an analysis by the State
of existing water quality and the potential cumulative impacts (as defined in section
501 of the Clean Air Act (42 U.S.C. 7661)) of the discharge, considered in conjunc-
tion with the designated and actual uses of the impacted navigable water, that the
terms and conditions of the permit or renewal would not be sufficient to ensure a
reasonable certainty of no harm to the health of the general population, or to any
potentially exposed or susceptible subpopulation.’’.
(b) CLEAN AIR ACT.—
(1) DEFINITIONS.—Section 501 of the Clean Air Act (42 U.S.C. 7661) is amend-
ed—
(A) in the matter preceding paragraph (1), by striking ‘‘As used in this
title—’’ and inserting ‘‘In this title:’’;
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(B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (5),
and (4), respectively, and moving the paragraphs so as to appear in numer-
ical order; and
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(C) by inserting after paragraph (1) the following:
‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumulative impacts’ means any expo-
sure to a public health or environmental risk, or other effect occurring in a spe-
cific geographical area, including from an emission, discharge, or release—
‘‘(A) including—
‘‘(i) environmental pollution released—
‘‘(I)(aa) routinely;
‘‘(bb) accidentally; or
‘‘(cc) otherwise; and
‘‘(II) from any source, whether single or multiple; and
‘‘(ii) as assessed based on the combined past, present, and reasonably
foreseeable emissions and discharges affecting the geographical area;
and
‘‘(B) evaluated taking into account sensitive populations and other factors
that may heighten vulnerability to environmental pollution and associated
health risks, including socioeconomic characteristics.’’.
(2) PERMIT PROGRAMS.—Section 502(b) of the Clean Air Act (42 U.S.C.
7661a(b)) is amended—
(A) in paragraph (5)—
(i) in subparagraphs (A) and (C), by striking ‘‘assure’’ each place it
appears and inserting ‘‘ensure’’; and
(ii) by striking subparagraph (F) and inserting the following:
‘‘(F) ensure that no permit will be issued or renewed, as applicable, if—
‘‘(i) with respect to an application for a permit or renewal of a permit
for a major source, the permitting authority determines under para-
graph (9)(A)(i)(II)(bb) that the terms and conditions of the permit or re-
newal would not be sufficient to ensure a reasonable certainty of no
harm to the health of the general population, or to any potentially ex-
posed or susceptible subpopulation, of the applicable census block
groups or Tribal census block groups (as those terms are defined by the
Director of the Bureau of the Census); or
‘‘(ii) the Administrator objects to the issuance of the permit in a time-
ly manner under this title.’’; and
(B) by striking paragraph (9) and inserting the following:
‘‘(9) MAJOR SOURCES.—
‘‘(A) IN GENERAL.—With respect to any permit or renewal of a permit, as
applicable, for a major source, a requirement that the permitting authority
shall—
‘‘(i) in determining whether to issue or renew the permit—
‘‘(I) evaluate the potential cumulative impacts of the major
source, as described in the applicable cumulative impacts analysis
submitted under section 503(b)(3), taking into consideration other
pollution sources and risk factors within a community;
‘‘(II) if, due to those potential cumulative impacts, the permitting
authority cannot determine that there exists a reasonable certainty
of no harm to the health of the general population, or to any poten-
tially exposed or susceptible subpopulation, of any census block
groups or Tribal census block groups (as those terms are defined
by the Director of the Bureau of the Census) located in, or imme-
diately adjacent to, the area in which the major source is, or is pro-
posed to be, located—
‘‘(aa) include in the permit or renewal such standards and
requirements (including additional controls or pollution pre-
vention requirements) as the permitting authority determines
to be necessary to ensure a reasonable certainty of no such
harm; or
‘‘(bb) if the permitting authority determines that standards
and requirements described in item (aa) would not be sufficient
to ensure a reasonable certainty of no such harm, deny the
issuance or renewal of the permit;
‘‘(III) determine whether the applicant is a persistent violator,
based on such criteria relating to the history of compliance by an
applicant with this Act as the Administrator shall establish by not
later than 180 days after the date of enactment of the Environ-
mental Justice for All Act;
‘‘(IV) if the permitting authority determines under subclause (III)
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that the applicant is a persistent violator and the permitting au-
thority does not deny the issuance or renewal of the permit pursu-
ant to subclause (II)(bb)—
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‘‘(aa) require the applicant to submit a plan that describes—
‘‘(AA) if the applicant is not in compliance with this Act,
measures the applicant will carry out to achieve that com-
pliance, together with an approximate deadline for that
achievement;
‘‘(BB) measures the applicant will carry out, or has car-
ried out to ensure the applicant will remain in compliance
with this Act, and to mitigate the environmental and
health effects of noncompliance; and
‘‘(CC) the measures the applicant has carried out in pre-
paring the plan to consult or negotiate with the commu-
nities affected by each persistent violation addressed in
the plan; and
‘‘(bb) once such a plan is submitted, determine whether the
plan is adequate to ensuring that the applicant—
‘‘(AA) will achieve compliance with this Act expedi-
tiously;
‘‘(BB) will remain in compliance with this Act;
‘‘(CC) will mitigate the environmental and health effects
of noncompliance; and
‘‘(DD) has solicited and responded to community input
regarding the plan; and
‘‘(V) deny the issuance or renewal of the permit if the permitting
authority determines that—
‘‘(aa) the plan submitted under subclause (IV)(aa) is inad-
equate; or
‘‘(bb)(AA) the applicant has submitted a plan on a prior occa-
sion, but continues to be a persistent violator; and
‘‘(BB) no indication exists of extremely exigent circumstances
excusing the persistent violations; and
‘‘(ii) in the case of such a permit with a term of 3 years or longer,
require permit revisions in accordance with subparagraph (B).
‘‘(B) REVISION REQUIREMENTS.—
‘‘(i) DEADLINE.—A revision described in subparagraph (A)(ii) shall
occur as expeditiously as practicable and consistent with the procedures
established under paragraph (6) but not later than 18 months after the
promulgation of such standards and regulations.
‘‘(ii) EXCEPTION.—A revision under this paragraph shall not be re-
quired if the effective date of the standards or regulations is a date
after the expiration of the permit term.
‘‘(iii) TREATMENT AS RENEWAL.—A permit revision under this para-
graph shall be treated as a permit renewal if it complies with the re-
quirements of this title regarding renewals.’’.
(3) PERMIT APPLICATIONS.—Section 503(b) of the Clean Air Act (42 U.S.C.
7661b(b)) is amended by adding at the end the following:
‘‘(3) MAJOR SOURCE ANALYSES.—The regulations required by section 502(b)
shall include a requirement that an applicant for a permit or renewal of a per-
mit for a major source shall submit, together with the compliance plan required
under this subsection, a cumulative impacts analysis for each census block
group or Tribal census block group (as those terms are defined by the Director
of the Bureau of the Census) located in, or immediately adjacent to, the area
in which the major source is, or is proposed to be, located that analyzes—
‘‘(A) community demographics and locations of community exposure
points, such as schools, day care centers, nursing homes, hospitals, health
clinics, places of religious worship, parks, playgrounds, and community cen-
ters;
‘‘(B) air quality and the potential effect on that air quality of emissions
of air pollutants (including pollutants listed under section 108 or 112) from
the major source, including in combination with existing sources of pollut-
ants;
‘‘(C) the potential effects on soil quality and water quality of emissions
of lead and other air pollutants that could contaminate soil or water from
the major source, including in combination with existing sources of pollut-
ants; and
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‘‘(D) public health and any potential effects on public health from the
major source.’’.
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SEC. 8. WHITE HOUSE ENVIRONMENTAL JUSTICE INTERAGENCY COUNCIL.
(a) IN GENERAL.—The President shall maintain within the Executive Office of the
President a White House Environmental Justice Interagency Council.
(b) PURPOSES.—The purposes of the White House interagency council are—
(1) to improve coordination and collaboration among Federal agencies and to
help advise and assist Federal agencies in identifying and addressing, as appro-
priate, the disproportionate human health and environmental effects of Federal
programs, policies, practices, and activities on communities of color, low-income
communities, and Tribal and Indigenous communities;
(2) to promote meaningful involvement and due process in the development,
implementation, and enforcement of environmental laws;
(3) to coordinate with, and provide direct guidance and technical assistance
to, environmental justice communities, with a focus on capacity building and in-
creasing community understanding of the science, regulations, and policy re-
lated to Federal agency actions on environmental justice issues;
(4) to address environmental health, pollution, and public health burdens in
environmental justice communities, and build healthy, sustainable, and resilient
communities; and
(5) to develop and update a strategy to address current and historical environ-
mental injustice, in consultation with the National Environmental Justice Advi-
sory Council and local environmental justice leaders, that includes—
(A) clear performance metrics to ensure accountability; and
(B) an annually published public performance scorecard on the implemen-
tation of the White House interagency council.
(c) COMPOSITION.—The White House interagency council shall be composed of
members as follows (or their designee):
(1) The Secretary of Agriculture.
(2) The Secretary of Commerce.
(3) The Secretary of Defense.
(4) The Secretary of Education.
(5) The Secretary of Energy.
(6) The Secretary of Health and Human Services.
(7) The Secretary of Homeland Security.
(8) The Secretary of Housing and Urban Development.
(9) The Secretary of the Interior.
(10) The Attorney General.
(11) The Secretary of Labor.
(12) The Secretary of Transportation.
(13) The Administrator of the Environmental Protection Agency.
(14) The Director of the Office of Management and Budget.
(15) The Director of the Office of Science and Technology Policy.
(16) The Deputy Assistant to the President for Environmental Policy.
(17) The Assistant to the President for Domestic Policy.
(18) The Director of the National Economic Council.
(19) The Chairperson of the Council on Environmental Quality.
(20) The Chairperson of the Council of Economic Advisers.
(21) The Director of the National Institutes of Health.
(22) The Director of the Office of Environmental Justice.
(23) The Chairperson of the Consumer Product Safety Commission.
(24) The Chairperson of the Chemical Safety Board.
(25) The Director of the National Park Service.
(26) The Assistant Secretary of the Bureau of Indian Affairs.
(27) The Chairperson of the National Environmental Justice Advisory Coun-
cil.
(28) The head of any other agency that the President may designate.
(d) GOVERNANCE.—The Chairperson of the Council on Environmental Quality
shall serve as Chairperson of the White House interagency council.
(e) REPORTING TO PRESIDENT.—The White House interagency council shall report
to the President through the Chairperson of the Council on Environmental Quality.
(f) UNIFORM CONSIDERATION GUIDANCE.—
(1) IN GENERAL.—To ensure that there is a common level of understanding
of terminology used in dealing with environmental justice issues, not later than
1 year after the date of enactment of this Act, after coordinating with and con-
ducting outreach to environmental justice communities, State governments, In-
dian Tribes, and local governments, the White House interagency council shall
develop and publish in the Federal Register a guidance document to assist Fed-
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eral agencies in defining and applying the following terms:
(A) Health disparities.
(B) Environmental exposure disparities.
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(C) Demographic characteristics, including age, sex, and race or ethnicity.
(D) Social stressors, including poverty, housing quality, access to health
care, education, immigration status, linguistic isolation, historical trauma,
and lack of community resources.
(E) Cumulative impacts or risks.
(F) Community vulnerability or susceptibility to adverse human health
and environmental effects (including climate change).
(G) Barriers to meaningful involvement in the development, implementa-
tion, and enforcement of environmental laws.
(H) Community capacity to address environmental concerns, including
the capacity to obtain equitable access to environmental amenities.
(2) PUBLIC COMMENT.—For a period of not less than 30 days, the White House
interagency council shall seek public comment on the guidance document devel-
oped under paragraph (1).
(3) DOCUMENTATION.—Not later than 90 days after the date of publication of
the guidance document under paragraph (1), the head of each Federal agency
participating in the White House interagency council shall document the ways
in which the Federal agency will incorporate guidance from the document into
the environmental justice strategy of the Federal agency developed and final-
ized under section 9(b).
(g) DEVELOPMENT OF INTERAGENCY FEDERAL ENVIRONMENTAL JUSTICE STRAT-
EGY.—
(1) IN GENERAL.—Not less frequently than once every 3 years, after notice and
opportunity for public comment, the White House interagency council shall up-
date a coordinated interagency Federal environmental justice strategy to ad-
dress current and historical environmental injustice.
(2) DEVELOPMENT OF STRATEGY.—In carrying out paragraph (1), the White
House interagency council shall—
(A) consider the most recent environmental justice strategy of each Fed-
eral agency that participates in the White House interagency council that
is developed and finalized under section 9(b);
(B) consult with the National Environmental Justice Advisory Council
and local environmental justice leaders; and
(C) include in the interagency Federal environmental justice strategy
clear performance metrics to ensure accountability.
(3) ANNUAL PERFORMANCE SCORECARD.—The White House interagency council
shall annually publish a public performance scorecard on the implementation
of the interagency Federal environmental justice strategy.
(h) SUBMISSION OF REPORT TO PRESIDENT.—
(1) IN GENERAL.—Not later than 180 days after updating the interagency Fed-
eral environmental justice strategy under subsection (g)(1), the White House
interagency council shall submit to the President a report that contains—
(A) a description of the implementation of the interagency Federal envi-
ronmental justice strategy; and
(B) a copy of the finalized environmental justice strategy of each Federal
agency that participates in the White House interagency council that is de-
veloped and finalized under section 9(b).
(2) PUBLIC AVAILABILITY.—The head of each Federal agency that participates
in the White House interagency council shall make the report described in para-
graph (1) available to the public (including by posting a copy of the report on
the website of each Federal agency).
(i) ADMINISTRATION.—
(1) OFFICE OF ADMINISTRATION.—The Office of Administration within the Ex-
ecutive Office of the President shall provide funding and administrative support
for the White House interagency council, to the extent permitted by law and
within existing appropriations.
(2) OTHER AGENCIES.—To the extent permitted by law, including section 1535
of title 31, United States Code (commonly known as the ‘‘Economy Act’’), and
subject to the availability of appropriations, the Secretary of Labor, the Sec-
retary of Transportation, and the Administrator of the Environmental Protec-
tion Agency shall provide administrative support for the White House inter-
agency council, as necessary.
(j) MEETINGS AND STAFF.—
(1) CHAIRPERSON.—The Chairperson of the Council on Environmental Quality
shall—
(A) convene regular meetings of the White House interagency council;
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(B) determine the agenda of the White House interagency council in ac-
cordance with this section; and
(C) direct the work of the White House interagency council.
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(2) EXECUTIVE DIRECTOR.—The Chairperson of the Council on Environmental
Quality shall designate an Executive Director of the White House interagency
council, who shall coordinate the work of, and head any staff assigned to, the
White House interagency council.
(k) OFFICERS.—To facilitate the work of the White House interagency council, the
head of each agency described in subsection (c) shall assign a designated official
within the agency to be an Environmental Justice Officer, with the authority—
(1) to represent the agency on the White House interagency council; and
(2) to perform such other duties relating to the implementation of this section
within the agency as the head of the agency determines to be appropriate.
(l) ESTABLISHMENT OF SUBGROUPS.—At the direction of the Chairperson of the
Council on Environmental Quality, the White House interagency council may estab-
lish 1 or more subgroups consisting exclusively of White House interagency council
members or their designees under this section, as appropriate.
SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBILITIES.
(a) CONDUCT OF PROGRAMS.—Each Federal agency that participates in the White
House interagency council shall conduct each program, policy, practice, and activity
of the Federal agency that adversely affects, or has the potential to adversely affect,
human health or the environment in a manner that ensures that each such pro-
gram, policy, practice, or activity does not have an effect of excluding any individual
from participating in, denying any individual the benefits of, or subjecting any indi-
vidual to discrimination or disparate impact under, such program, policy, practice,
or activity of the Federal agency on the basis of the race, color, national origin, or
income level of the individual.
(b) FEDERAL AGENCY ENVIRONMENTAL JUSTICE STRATEGIES.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this
Act, and after notice and opportunity for public comment, each Federal agency
that participates in the White House interagency council shall develop and fi-
nalize an agencywide environmental justice strategy that—
(A) identifies staff to support implementation of the Federal agency’s en-
vironmental justice strategy;
(B) identifies and addresses any disproportionately high or adverse
human health or environmental effects of its programs, policies, practices,
and activities on—
(i) communities of color;
(ii) low-income communities; and
(iii) Tribal and Indigenous communities; and
(C) complies with each requirement described in paragraph (2).
(2) CONTENTS.—Each environmental justice strategy developed by a Federal
agency under paragraph (1) shall contain—
(A) an assessment that identifies each program, policy, practice, and ac-
tivity (including any public participation process) of the Federal agency, re-
lating to human health or the environment that the Federal agency deter-
mines should be revised—
(i) to ensure that all persons have the same degree of protection from
environmental and health hazards;
(ii) to ensure meaningful public involvement and due process in the
development, implementation, and enforcement of all Federal laws;
(iii) to improve direct guidance and technical assistance to environ-
mental justice communities with respect to the understanding of the
science, regulations, and policy related to Federal agency action on en-
vironmental justice issues;
(iv) to improve awareness of environmental justice issues relating to
agency activities, including awareness among impacted parents and
children in environmental justice communities;
(v) to improve cooperation with State governments, Indian Tribes,
and local governments to address pollution and public health burdens
in environmental justice communities, and build healthy, sustainable,
and resilient communities;
(vi) to improve Federal research and data collection efforts related
to—
(I) the health and environment of communities of color, low-in-
come communities, and Tribal and Indigenous communities;
(II) climate change; and
(III) the inequitable distribution of burdens and benefits of the
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management and use of natural resources, including water, min-
erals, and land; and
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(vii) to reduce or eliminate disproportionately adverse human health
or environmental effects on communities of color, low-income commu-
nities, and Tribal and Indigenous communities; and
(B) a timetable for the completion of—
(i) each revision identified under subparagraph (A); and
(ii) an assessment of the economic and social implications of each re-
vision identified under subparagraph (A).
(3) REPORTS.—
(A) ANNUAL REPORTS.—Not later than 2 years after the finalization of an
environmental justice strategy under this subsection, and annually there-
after, a Federal agency that participates in the White House interagency
council shall submit to the White House interagency council a report de-
scribing the progress of the Federal agency in implementing the environ-
mental justice strategy of the Federal agency.
(B) PERIODIC REPORTS.—In addition to the annual reports described in
subparagraph (A), upon receipt of a request from the White House inter-
agency council, a Federal agency shall submit to the White House inter-
agency council a report that contains such information as the White House
interagency council may require.
(4) REVISION OF AGENCYWIDE ENVIRONMENTAL JUSTICE STRATEGY.—Not later
than 5 years after the date of enactment of this Act, each Federal agency that
participates in the White House interagency council shall—
(A) evaluate and revise the environmental justice strategy of the Federal
agency; and
(B) submit to the White House interagency council a copy of the revised
version of the environmental justice strategy of the Federal agency.
(5) PETITION.—
(A) IN GENERAL.—The head of a Federal agency may submit to the Presi-
dent a petition for an exemption of any requirement described in this sec-
tion with respect to any program or activity of the Federal agency if the
head of the Federal agency determines that complying with such require-
ment would compromise the agency’s ability to carry out its core missions.
(B) AVAILABILITY TO PUBLIC.—Each petition submitted by a Federal agen-
cy to the President under subparagraph (A) shall be made available to the
public (including through a description of the petition on the website of the
Federal agency).
(C) CONSIDERATION.—In determining whether to grant a petition for an
exemption submitted by a Federal agency to the President under subpara-
graph (A), the President shall make a decision that reflects both the merits
of the specific case and the broader national interest in breaking cycles of
environmental injustice, and shall consider whether the granting of the pe-
tition would likely—
(i) result in disproportionately adverse human health or environ-
mental effects on communities of color, low-income communities, and
Tribal and Indigenous communities; or
(ii) exacerbate, or fail to ameliorate, any disproportionately adverse
human health or environmental effect on any community of color, low-
income community, or Tribal and Indigenous community.
(D) APPEAL.—
(i) IN GENERAL.—Not later than 90 days after the date on which the
President approves a petition under this paragraph, an individual may
appeal the decision of the President to approve the petition.
(ii) WRITTEN APPEAL.—
(I) IN GENERAL.—To appeal a decision of the President under
clause (i), an individual shall submit a written appeal to—
(aa) the Council on Environmental Quality;
(bb) the Deputy Assistant to the President for Environ-
mental Policy; or
(cc) the Assistant to the President for Domestic Policy.
(II) CONTENTS.—A written appeal shall contain a description of
each reason why the exemption that is the subject of the petition
is unnecessary.
(iii) REQUIREMENT OF PRESIDENT.—Not later than 90 days after the
date on which an agency or officer described in clause (ii)(I) receives a
written appeal submitted by an individual under that clause, the Presi-
dent shall provide to the individual a written notification describing the
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decision of the President with respect to the appeal.
(c) HUMAN HEALTH AND ENVIRONMENTAL RESEARCH, DATA COLLECTION, AND
ANALYSIS.—
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(1) RESEARCH.—Each Federal agency, to the maximum extent practicable and
permitted by applicable law, shall—
(A) in conducting environmental, public access, or human health re-
search, include diverse segments of the population in epidemiological and
clinical studies, including segments at high risk from environmental haz-
ards, such as communities of color, low-income communities, and Tribal and
Indigenous communities;
(B) in conducting environmental or human health analyses, identify mul-
tiple and cumulative exposures, including potentially exacerbated risks due
to current and future climate impacts; and
(C) actively encourage and solicit community-based science, and provide
to communities of color, low-income communities, and Tribal and Indige-
nous communities the opportunity to comment on and participate in the de-
velopment and design of research strategies carried out pursuant to this
Act.
(2) DISPROPORTIONATE IMPACT.—To the maximum extent practicable and per-
mitted by applicable law (including section 552a of title 5, United States Code
(commonly known as the ‘‘Privacy Act’’)), each Federal agency shall—
(A) collect, maintain, and analyze information assessing and comparing
environmental and human health risks borne by populations identified by
race, national origin, income, or other readily available and appropriate in-
formation; and
(B) use that information to determine whether the programs, policies, and
activities of the Federal agency have disproportionally adverse human
health or environmental effects on communities of color, low-income com-
munities, and Tribal and Indigenous communities.
(3) INFORMATION RELATING TO NON-FEDERAL FACILITIES.—In connection with
the implementation of Federal agency environmental justice strategies under
subsection (b), each Federal agency, to the maximum extent practicable and
permitted by applicable law, shall collect, maintain, and analyze information re-
lating to the race, national origin, and income level, and other readily accessible
and appropriate information, for communities of color, low-income communities,
and Tribal and Indigenous communities in proximity to any facility or site ex-
pected to have a substantial environmental, human health, or economic effect
on the surrounding populations, if the facility or site becomes the subject of a
substantial Federal environmental administrative or judicial action.
(4) IMPACT FROM FEDERAL FACILITIES.—Each Federal agency, to the maximum
extent practicable and permitted by applicable law, shall collect, maintain, and
analyze information relating to the race, national origin, and income level, and
other readily accessible and appropriate information, for communities of color,
low-income communities, and Tribal and Indigenous communities in proximity
to any facility of the Federal agency that is—
(A) subject to the reporting requirements under the Emergency Planning
and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.), as re-
quired by Executive Order 12898 (42 U.S.C. 4321 note; relating to Federal
actions to address environmental justice in minority populations and low-
income populations); and
(B) expected to have a substantial environmental, human health, or eco-
nomic effect on surrounding populations.
(d) CONSUMPTION OF FISH AND WILDLIFE.—
(1) IN GENERAL.—Each Federal agency shall develop, publish (unless prohib-
ited by law), and revise, as practicable and appropriate, guidance on actions of
the Federal agency that will impact fish and wildlife consumed by populations
that principally rely on fish or wildlife for subsistence.
(2) REQUIREMENT.—The guidance described in paragraph (1) shall—
(A) reflect the latest scientific information available concerning methods
for evaluating the human health risks associated with the consumption of
pollutant-bearing fish or wildlife; and
(B) publish the risks of such consumption patterns.
(e) MAPPING AND SCREENING TOOL.—The Administrator shall make available to
the public an environmental justice mapping and screening tool (such as EJScreen
or an equivalent tool) that includes, at a minimum, the following features:
(1) Nationally consistent data.
(2) Environmental data.
(3) Demographic data, including data relating to race, ethnicity, and income.
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(4) Capacity to produce maps and reports by geographical area.
(5) Data on national parks and other federally protected natural, historic, and
cultural sites.
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(f) JUDICIAL REVIEW AND RIGHTS OF ACTION.—Any person may commence a civil
action—
(1) to seek relief from, or to compel, an agency action under this section (in-
cluding regulations promulgated pursuant to this section); or
(2) otherwise to ensure compliance with this section (including regulations
promulgated pursuant to this section).
(g) INFORMATION SHARING.—In carrying out this section, each Federal agency, to
the maximum extent practicable and permitted by applicable law, shall share infor-
mation and eliminate unnecessary duplication of efforts through the use of existing
data systems and cooperative agreements among Federal agencies and with State
governments, local governments, and Indian Tribes.
(h) CODIFICATION OF GUIDANCE.—
(1) COUNCIL ON ENVIRONMENTAL QUALITY.—Sections II and III of the guidance
issued by the Council on Environmental Quality entitled ‘‘Environmental Jus-
tice Guidance Under the National Environmental Policy Act’’ and dated Decem-
ber 10, 1997, are enacted into law.
(2) ENVIRONMENTAL PROTECTION AGENCY.—The guidance issued by the Envi-
ronmental Protection Agency entitled ‘‘EPA Policy on Consultation and Coordi-
nation with Indian Tribes: Guidance for Discussing Tribal Treaty Rights’’ and
dated February 2016 is enacted into law.
SEC. 10. OMBUDS.
(a) ESTABLISHMENT.—The Administrator shall establish within the Environmental
Protection Agency a position of Environmental Justice Ombuds.
(b) REPORTING.—The Environmental Justice Ombuds shall—
(1) report directly to the Administrator; and
(2) not be required to report to the Office of Environmental Justice of the En-
vironmental Protection Agency.
(c) FUNCTIONS.—The Environmental Justice Ombuds shall—
(1) in coordination with the Inspector General of the Environmental Protec-
tion Agency, establish an independent, neutral, accessible, confidential, and
standardized process—
(A) to receive, review, and process complaints and allegations with re-
spect to environmental justice programs and activities of the Environmental
Protection Agency; and
(B) to assist individuals in resolving complaints and allegations described
in subparagraph (A), including training on restorative justice and conflict
resolution;
(2) identify and thereafter review, examine, and make recommendations to
the Administrator to address recurring and chronic complaints regarding spe-
cific environmental justice programs and activities of the Environmental Protec-
tion Agency identified by the Ombuds pursuant to paragraph (1);
(3) review the Environmental Protection Agency’s compliance with policies
and standards of the Environmental Protection Agency with respect to its envi-
ronmental justice programs and activities; and
(4) produce an annual report that details the findings of the regional staff,
feedback received from environmental justice communities, and recommenda-
tions to increase cooperation between the Environmental Protection Agency and
environmental justice communities.
(d) AVAILABILITY OF REPORT.—The Administrator shall make each report produced
pursuant to subsection (c) available to the public (including by posting a copy of the
report on the website of the Environmental Protection Agency).
(e) REGIONAL STAFF.—
(1) AUTHORITY OF ENVIRONMENTAL JUSTICE OMBUDS.—The Administrator
shall allow the Environmental Justice Ombuds to hire such staff as the Envi-
ronmental Justice Ombuds determines to be necessary to carry out at each re-
gional office of the Environmental Protection Agency the functions of the Envi-
ronmental Justice Ombuds described in subsection (c).
(2) PURPOSES.—Staff hired pursuant to paragraph (1) shall—
(A) foster cooperation between the Environmental Protection Agency and
environmental justice communities;
(B) consult with environmental justice communities on the development
of policies and programs of the Environmental Protection Agency;
(C) receive feedback from environmental justice communities on the per-
formance of the Environmental Protection Agency; and
(D) compile and submit to the Environmental Justice Ombuds such infor-
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mation as may be necessary for the Ombuds to produce the annual report
described in subsection (c).
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15
(3) FULL-TIME POSITION.—Each individual hired by the Environmental Justice
Ombuds under paragraph (1) shall be hired as a full-time employee of the Envi-
ronmental Protection Agency.
SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUBLIC RECREATION OPPORTUNITIES.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an entity that rep-
resents or otherwise serves a qualifying urban area.
(2) ELIGIBLE NONPROFIT ORGANIZATION.—The term ‘‘eligible nonprofit organi-
zation’’ means an organization that is described in section 501(c)(3) of the Inter-
nal Revenue Code of 1986 and is exempt from taxation under section 501(a) of
such Code.
(3) ENTITY.—The term ‘‘entity’’ means—
(A) a State;
(B) a political subdivision of a State, including—
(i) a city;
(ii) a county; and
(iii) a special purpose district that manages open space, including a
park district; and
(C) an Indian Tribe, urban Indian organization, or Alaska Native or Na-
tive Hawaiian community or organization.
(4) 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).
(5) LOW-INCOME COMMUNITY.—The term ‘‘low-income community’’ means any
census block group in which 30 percent or more of the population are individ-
uals with an annual household equal to, or less than, the greater of—
(A) an amount equal to 80 percent of the median income of the area in
which the household is located, as reported by the Department of Housing
and Urban Development; and
(B) an amount equal to 200 percent of the Federal poverty line.
(6) OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM.—The term ‘‘Out-
door Recreation Legacy Partnership Program’’ means the program established
under subsection (b)(1).
(7) QUALIFYING URBAN AREA.—The term ‘‘qualifying urban area’’ means—
(A) an urbanized area or urban cluster that has a population of 25,000
or more in the most recent census;
(B) 2 or more adjacent urban clusters with a combined population of
25,000 or more in the most recent census; or
(C) an area administered by an Indian Tribe or an Alaska Native or Na-
tive Hawaiian community organization.
(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.
(9) STATE.—The term ‘‘State’’ means each of the several States, the District
of Columbia, and each territory of the United States.
(b) GRANTS AUTHORIZED.—
(1) ESTABLISHMENT OF PROGRAM.—
(A) IN GENERAL.—The Secretary shall establish an outdoor recreation leg-
acy partnership program under which the Secretary may award grants to
eligible entities for projects—
(i) to acquire land and water for parks and other outdoor recreation
purposes in qualifying urban areas; and
(ii) to develop new or renovate existing outdoor recreation facilities
that provide outdoor recreation opportunities to the public in qualifying
urban areas.
(B) PRIORITY.—In awarding grants to eligible entities under subpara-
graph (A), the Secretary shall give priority to projects that—
(i) create or significantly enhance access to park and recreational op-
portunities in an urban neighborhood or community;
(ii) engage and empower underserved communities and youth;
(iii) provide employment or job training opportunities for youth or un-
derserved communities;
(iv) establish or expand public-private partnerships, with a focus on
leveraging resources; and
(v) take advantage of coordination among various levels of govern-
ment.
(2) MATCHING REQUIREMENT.—
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(A) IN GENERAL.—As a condition of receiving a grant under paragraph (1),
an eligible entity shall provide matching funds in the form of cash or an
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16
in-kind contribution in an amount equal to not less than 100 percent of the
amounts made available under the grant.
(B) WAIVER.—The Secretary may waive all or part of the matching re-
quirement under subparagraph (A) if the Secretary determines that—
(i) no reasonable means are available through which the eligible enti-
ty can meet the matching requirement; and
(ii) the probable benefit of the project outweighs the public interest
in the matching requirement.
(C) ADMINISTRATIVE EXPENSES.—Not more than 10 percent of funds pro-
vided to an eligible entity under a grant awarded under paragraph (1) may
be used for administrative expenses.
(3) CONSIDERATIONS.—In awarding grants to eligible entities under paragraph
(1), the Secretary shall consider the extent to which a project would—
(A) provide recreation opportunities in underserved communities in which
access to parks is not adequate to meet local needs;
(B) provide opportunities for outdoor recreation and public land vol-
unteerism;
(C) support innovative or cost-effective ways to enhance parks and other
recreation—
(i) opportunities; or
(ii) delivery of services;
(D) support park and recreation programming provided by cities, includ-
ing cooperative agreements with community-based eligible nonprofit organi-
zations;
(E) develop Native American event sites and cultural gathering spaces;
(F) expand access to parks and recreational opportunities for Americans
of all abilities; and
(G) provide benefits such as community resilience, reduction of urban
heat islands, enhanced water or air quality, or habitat for fish or wildlife.
(4) ELIGIBLE USES.—
(A) IN GENERAL.—Subject to subparagraph (B), a grant recipient may use
a grant awarded under paragraph (1) for a project described in subpara-
graph (A) or (B) of that paragraph.
(B) LIMITATIONS ON USE.—A grant recipient may not use grant funds
for—
(i) incidental costs related to land acquisition, including appraisal
and titling;
(ii) operation and maintenance activities;
(iii) facilities that support semiprofessional or professional athletics;
(iv) indoor facilities, such as recreation centers or facilities that sup-
port primarily non-outdoor purposes; or
(v) acquisition of land or interests in land that restrict access to spe-
cific persons.
(c) REVIEW AND EVALUATION REQUIREMENTS.—In carrying out the Outdoor Recre-
ation Legacy Partnership Program, the Secretary shall—
(1) conduct an initial screening and technical review of applications received;
(2) evaluate and score all qualifying applications; and
(3) provide culturally and linguistically appropriate information to eligible en-
tities (including low-income communities and eligible entities serving low-in-
come communities) on—
(A) the opportunity to apply for grants under this section;
(B) the application procedures by which eligible entities may apply for
grants under this section; and
(C) eligible uses for grants under this section.
(d) REPORTING.—
(1) ANNUAL REPORTS.—Not later than 30 days after the last day of each report
period, each State lead agency that receives a grant under this section shall an-
nually submit to the Secretary performance and financial reports that—
(A) summarize project activities conducted during the report period; and
(B) provide the status of the project.
(2) FINAL REPORTS.—Not later than 90 days after the earlier of the date of
expiration of a project period or the completion of a project, each State lead
agency that receives a grant under this section shall submit to the Secretary
a final report containing such information as the Secretary may require.
SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM.
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(a) DEFINITIONS.—In this section:
(1) CRITICALLY UNDERSERVED COMMUNITY.—The term ‘‘critically underserved
community’’ means—
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(A) a community that can demonstrate to the Secretary that the commu-
nity has inadequate, insufficient, or no park space or recreation facilities,
including by demonstrating—
(i) quality concerns relating to the available park space or recreation
facilities;
(ii) the presence of recreational facilities that do not serve the needs
of the community; or
(iii) the inequitable distribution of park space for high-need popu-
lations, based on income, age, or other measures of vulnerability and
need;
(B) a community in which at least 50 percent of the population is not lo-
cated within 1⁄2 mile of park space;
(C) a community that is designated as a qualified opportunity zone under
section 1400Z–1 of the Internal Revenue Code of 1986; or
(D) any other community that the Secretary determines to be appro-
priate.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a State;
(B) a political subdivision of a State (including a city or a county) that
represents or otherwise serves an urban area or a rural area;
(C) a special purpose district (including a park district);
(D) an Indian Tribe that represents or otherwise serves an urban area
or a rural area; or
(E) a metropolitan planning organization (as defined in section 134(b) of
title 23, United States Code).
(3) PROGRAM.—The term ‘‘program’’ means the Transit to Trails Grant Pro-
gram established under subsection (b)(1).
(4) RURAL AREA.—The term ‘‘rural area’’ means a community that is not an
urban area.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation.
(6) TRANSPORTATION CONNECTOR.—
(A) IN GENERAL.—The term ‘‘transportation connector’’ means a system
that—
(i) connects 2 ZIP Codes or communities within a 175-mile radius of
a designated service area; and
(ii) offers rides available to the public.
(B) INCLUSIONS.—The term ‘‘transportation connector’’ includes micro-
transits, bus lines, bus rails, light rail, rapid transits, or personal rapid
transits.
(7) URBAN AREA.—The term ‘‘urban area’’ means a community that—
(A) is densely developed;
(B) has residential, commercial, and other nonresidential areas; and
(C)(i) is an urbanized area with a population of 50,000 or more; or
(ii) is an urban cluster with a population of—
(I) not less than 2,500; and
(II) not more than 50,000.
(b) GRANT PROGRAM.—
(1) ESTABLISHMENT.—The Secretary shall establish a grant program, to be
known as the ‘‘Transit to Trails Grant Program’’, under which the Secretary
shall award grants to eligible entities for—
(A) projects that develop transportation connectors or routes in or serv-
ing, and related education materials for, critically underserved communities
to increase access and mobility to Federal or non-Federal public land,
waters, parkland, or monuments; or
(B) projects that facilitate transportation improvements to enhance access
to Federal or non-Federal public land and recreational opportunities in
critically underserved communities.
(2) ADMINISTRATION.—
(A) IN GENERAL.—The Secretary shall administer the program to assist
eligible entities in the development of transportation connectors or routes
in or serving, and related education materials for, critically underserved
communities and Federal or non-Federal public land, waters, parkland, and
monuments.
(B) JOINT PARTNERSHIPS.—The Secretary shall encourage joint partner-
ship projects under the program, if available, among multiple agencies, in-
cluding school districts, nonprofit organizations, metropolitan planning or-
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ganizations, regional transportation authorities, transit agencies, and State
and local governmental agencies (including park and recreation agencies
and authorities) to enhance investment of public sources.
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(C) ANNUAL GRANT PROJECT PROPOSAL SOLICITATION, REVIEW, AND AP-
PROVAL.—
(i) IN GENERAL.—The Secretary shall—
(I) annually solicit the submission of project proposals for grants
from eligible entities under the program; and
(II) review each project proposal submitted under subclause (I)
on a timeline established by the Secretary.
(ii) REQUIRED ELEMENTS FOR PROJECT PROPOSAL.—A project proposal
submitted under clause (i)(I) shall include—
(I) a statement of the purposes of the project;
(II) the name of the entity or individual with overall responsi-
bility for the project;
(III) a description of the qualifications of the entity or individuals
identified under subclause (II);
(IV) a description of—
(aa) staffing and stakeholder engagement for the project;
(bb) the logistics of the project; and
(cc) anticipated outcomes of the project;
(V) a proposed budget for the funds and time required to com-
plete the project;
(VI) information regarding the source and amount of matching
funding available for the project;
(VII) information that demonstrates the clear potential of the
project to contribute to increased access to parkland for critically
underserved communities; and
(VIII) any other information that the Secretary considers to be
necessary for evaluating the eligibility of the project for funding
under the program.
(iii) CONSULTATION; APPROVAL OR DISAPPROVAL.—The Secretary shall,
with respect to each project proposal submitted under this subpara-
graph, as appropriate—
(I) consult with the government of each State in which the pro-
posed project is to be conducted;
(II) after taking into consideration any comments resulting from
the consultation under subclause (I), approve or disapprove the
proposal; and
(III) provide written notification of the approval or disapproval
to—
(aa) the individual or entity that submitted the proposal; and
(bb) each State consulted under subclause (I).
(D) PRIORITY.—To the extent practicable, in determining whether to ap-
prove project proposals under the program, the Secretary shall prioritize
projects that are designed to increase access and mobility to local or neigh-
borhood Federal or non-Federal public land, waters, parkland, monuments,
or recreational opportunities.
(3) TRANSPORTATION PLANNING PROCEDURES.—
(A) PROCEDURES.—In consultation with the head of each appropriate Fed-
eral land management agency, the Secretary shall develop, by rule, trans-
portation planning procedures for projects conducted under the program
that are consistent with metropolitan and statewide planning processes.
(B) REQUIREMENTS.—All projects carried out under the program shall be
developed in cooperation with States and metropolitan planning organiza-
tions.
(4) NON-FEDERAL CONTRIBUTIONS.—
(A) IN GENERAL.—As a condition of receiving a grant under the program,
an eligible entity shall provide funds in the form of cash or an in-kind con-
tribution in an amount equal to not less than 100 percent of the amount
of the grant.
(B) SOURCES.—The non-Federal contribution required under subpara-
graph (A) may include amounts made available from State, local, non-
governmental, or private sources.
(5) ELIGIBLE USES.—Grant funds provided under the program may be used—
(A) to develop transportation connectors or routes in or serving, and re-
lated education materials for, critically underserved communities to in-
crease access and mobility to Federal and non-Federal public land, waters,
parkland, and monuments; and
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(B) to create or significantly enhance access to Federal or non-Federal
public land and recreational opportunities in an urban area or a rural area.
(6) GRANT AMOUNT.—A grant provided under the program shall be—
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(A) not less than $25,000; and
(B) not more than $500,000.
(7) TECHNICAL ASSISTANCE.—It is the intent of Congress that grants provided
under the program deliver project funds to areas of greatest need while offering
technical assistance to all applicants and potential applicants for grant prepara-
tion to encourage full participation in the program.
(8) PUBLIC INFORMATION.—The Secretary shall ensure that current schedules
and routes for transportation systems developed after the receipt of a grant
under the program are available to the public, including on a website main-
tained by the recipient of a grant.
(c) REPORTING REQUIREMENT.—
(1) REPORTS BY GRANT RECIPIENTS.—The Secretary shall require a recipient
of a grant under the program to submit to the Secretary at least 1 performance
and financial report that—
(A) includes—
(i) demographic data on communities served by the project; and
(ii) a summary of project activities conducted after receiving the
grant; and
(B) describes the status of each project funded by the grant as of the date
of the report.
(2) ADDITIONAL REPORTS.—In addition to the report required under paragraph
(1), the Secretary may require additional reports from a recipient, as the Sec-
retary determines to be appropriate, including a final report.
(3) DEADLINES.—The Secretary shall establish deadlines for the submission of
each report required under paragraph (1) or (2).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated
to carry out this section $10,000,000 for each fiscal year.
SEC. 13. REPEAL OF SUNSET FOR THE EVERY KID OUTDOORS PROGRAM.
Section 9001(b) of the John D. Dingell, Jr. Conservation, Management, and Recre-
ation Act (16 U.S.C. 6804 note; Public Law 116–9) is amended by striking para-
graph (5).
SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES AGAINST HARMFUL
FEDERAL ACTIONS.
(a) PURPOSE.—The purpose of this section is to establish additional protections re-
lating to Federal actions affecting environmental justice communities in recognition
of the disproportionate burden of adverse human health or environmental effects
faced by such communities.
(b) DEFINITIONS.—In this section:
(1) ENVIRONMENTAL IMPACT STATEMENT.—The term ‘‘environmental impact
statement’’ means the detailed statement of environmental impacts of a pro-
posed action required to be prepared pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) FEDERAL ACTION.—The term ‘‘Federal action’’ means a proposed action
that requires the preparation of an environmental impact statement, environ-
mental assessment, categorical exclusion, or other document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) PREPARATION OF A COMMUNITY IMPACT REPORT.—A Federal agency proposing
to take a Federal action that has the potential to cause negative environmental or
public health impacts on an environmental justice community shall prepare a com-
munity impact report assessing the potential impacts of the proposed action.
(d) CONTENTS.—A community impact report described in subsection (c) shall—
(1) assess the degree to which a proposed Federal action affecting an environ-
mental justice community will cause multiple or cumulative exposure to human
health and environmental hazards that influence, exacerbate, or contribute to
adverse health outcomes;
(2) assess relevant public health data and industry data concerning the poten-
tial for multiple or cumulative exposure to human health or environmental haz-
ards in the area of the environmental justice community and historical patterns
of exposure to environmental hazards and Federal agencies shall assess these
multiple, or cumulative effects, even if certain effects are not within the control
or subject to the discretion of the Federal agency proposing the Federal action;
(3) assess the impact of such proposed Federal action on such environmental
justice community’s ability to access public parks, outdoor spaces, and public
recreation opportunities;
(4) evaluate alternatives to or mitigation measures for the proposed Federal
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action that will—
(A) eliminate or reduce any identified exposure to human health and en-
vironmental hazards described in paragraph (1) to a level that is reasonably
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expected to avoid human health impacts in environmental justice commu-
nities; and
(B) not negatively impact an environmental justice community’s ability to
access public parks, outdoor spaces, and public recreation opportunities;
(5) analyze any alternative developed by members of an affected environ-
mental justice community that meets the purpose and need of the proposed ac-
tion;
(6) assess the impact on access to reliable energy sources and on electricity
prices for low-income communities, minority communities, Native Americans,
and senior citizens;
(7) assess the impact of the Federal action on drought, domestic food avail-
ability, and domestic food prices; and
(8) assess the impact on timely meeting net-zero goals as outlined in Execu-
tive Order 14057.
(e) DELEGATION.—Federal agencies shall not delegate responsibility for the prepa-
ration of a community impact report described in subsection (c) to any other entity.
(f) NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS FOR ENVIRONMENTAL
JUSTICE COMMUNITIES.—When carrying out the requirements of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a proposed Federal action
that may affect an environmental justice community, a Federal agency shall—
(1) consider all potential direct, indirect, and cumulative impacts caused by
the action, alternatives to such action, and mitigation measures on the environ-
mental justice community required by that Act;
(2) require any public comment period carried out during the scoping phase
of the environmental review process to be not less than 90 days;
(3) provide early and meaningful community involvement opportunities by—
(A) holding multiple hearings in such community regarding the proposed
Federal action in each prominent language within the environmental justice
community; and
(B) providing notice of any step or action in the process under that Act
that involves public participation to any representative entities or organiza-
tions present in the environmental justice community, including—
(i) local religious organizations;
(ii) civic associations and organizations;
(iii) business associations of people of color;
(iv) environmental and environmental justice organizations, including
community-based grassroots organizations led by people of color;
(v) homeowners’, tenants’, and neighborhood watch groups;
(vi) local governments and Indian Tribes;
(vii) rural cooperatives;
(viii) business and trade organizations;
(ix) community and social service organizations;
(x) universities, colleges, and vocational schools;
(xi) labor and other worker organizations;
(xii) civil rights organizations;
(xiii) senior citizens’ groups; and
(xiv) public health agencies and clinics; and
(4) provide translations of publicly available documents made available pursu-
ant to that Act in any language spoken by more than 5 percent of the popu-
lation residing within the environmental justice community.
(g) COMMUNICATION METHODS AND REQUIREMENTS.—Any notice provided under
subsection (f)(3)(B) shall be provided—
(1) through communication methods that are accessible in the environmental
justice community, which may include electronic media, newspapers, radio, di-
rect mailings, canvassing, and other outreach methods particularly targeted at
communities of color, low-income communities, and Tribal and Indigenous com-
munities; and
(2) at least 30 days before any hearing in such community or the start of any
public comment period.
(h) REQUIREMENTS FOR ACTIONS REQUIRING AN ENVIRONMENTAL IMPACT STATE-
MENT.—For any proposed Federal action affecting an environmental justice commu-
nity requiring the preparation of an environmental impact statement, the Federal
agency shall provide the following information when giving notice of the proposed
action:
(1) A description of the proposed action.
(2) An outline of the anticipated schedule for completing the process under
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the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), with
a description of key milestones.
(3) An initial list of alternatives and potential impacts.
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(4) An initial list of other existing or proposed sources of multiple or cumu-
lative exposure to environmental hazards that contribute to higher rates of seri-
ous illnesses within the environmental justice community.
(5) An agency point of contact.
(6) Timely notice of locations where comments will be received or public meet-
ings held.
(7) Any telephone number or locations where further information can be ob-
tained.
(i) NATIONAL ENVIRONMENTAL POLICY ACT REQUIREMENTS FOR INDIAN TRIBES.—
When carrying out the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for a proposed Federal action that may affect an In-
dian Tribe, a Federal agency shall—
(1) seek Tribal representation in the process in a manner that is consistent
with the government-to-government relationship between the United States and
Indian Tribes, the Federal Government’s trust responsibility to federally recog-
nized Indian Tribes, and any treaty rights;
(2) ensure that an Indian Tribe is invited to hold the status of a cooperating
agency throughout the process under that Act for any proposed action that
could impact an Indian Tribe, including actions that could impact off reserva-
tion lands and sacred sites; and
(3) invite an Indian Tribe to hold the status of a cooperating agency in accord-
ance with paragraph (2) not later than the date on which the scoping process
for a proposed action requiring the preparation of an environmental impact
statement commences.
(j) AGENCY DETERMINATIONS.—Federal agency determinations about the analysis
of a community impact report described in subsection (c) shall be subject to judicial
review to the same extent as any other analysis performed under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(k) EFFECTIVE DATE.—This section shall take effect 1 year after the date of enact-
ment of this Act.
(l) SAVINGS CLAUSE.—Nothing in this section diminishes—
(1) any right granted through the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) to the public; or
(2) the requirements under that Act to consider direct, indirect, and cumu-
lative impacts.
SEC. 15. STRENGTHENING COMMUNITY PROTECTIONS UNDER THE NATIONAL ENVIRON-
MENTAL POLICY ACT.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.)
is amended—
(1) in section 101(a)—
(A) by striking ‘‘man’s’’ and inserting ‘‘human’’; and
(B) by striking ‘‘man’’ each place it appears and inserting ‘‘humankind’’;
(2) in section 102—
(A) by striking ‘‘The Congress authorizes and directs that, to the fullest
extent possible:’’ and inserting ‘‘The Congress authorizes and directs that,
notwithstanding any other provision of law and to the fullest extent pos-
sible:’’;
(B) in paragraph (2)—
(i) by striking ‘‘insure’’ each place it appears and inserting ‘‘ensure’’;
(ii) in subparagraph (A), by striking ‘‘man’s’’ and inserting ‘‘the
human’’; and
(iii) in subparagraph (C)—
(I) by striking clause (iii) and inserting the following:
‘‘(iii) a reasonable range of alternatives that—
‘‘(I) are technically feasible,
‘‘(II) are economically feasible, and
‘‘(III) where applicable, do not cause or contribute to adverse cumu-
lative effects, including effects caused by exposure to environmental
pollution, on an overburdened community that are higher than those
borne by other communities within the State, county, or other geo-
graphic unit of analysis as determined by the agency preparing or hav-
ing taken primary responsibility for preparing the environmental docu-
ment pursuant to this Act, except that where the agency determines
that an alternative will serve a compelling public interest in the af-
fected overburdened community with conditions to protect public
health,’’; and
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(II) in clause (iv), by striking ‘‘man’s’’ and inserting ‘‘the human’’;
(C) in subparagraph (E), by inserting ‘‘that are consistent with subpara-
graph (C)(3)’’ after ‘‘describe appropriate alternatives’’; and
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22
(D) in subparagraph (F), by striking ‘‘mankind’s’’ and inserting
‘‘humankind’s’’; and
(3) by adding at the end the following:
‘‘SEC. 106. DEFINITIONS.
‘‘In this Act:
‘‘(1) EFFECT; IMPACT.—The terms ‘effect’ and ‘impact’ mean changes to the
human environment from the proposed action or alternatives that are reason-
ably foreseeable and include the following:
‘‘(A) Direct effects, which are caused by the action and occur at the same
time and place.
‘‘(B) Indirect effects, which are caused by the action and are later in time
or farther removed in distance, but are still reasonably foreseeable. Indirect
effects may include growth inducing effects and other effects related to in-
duced changes in the pattern of land use, population density or growth rate,
and related effects on air and water and other natural systems, including
ecosystems.
‘‘(C) Cumulative effects, which are effects on the environment that result
from the incremental effects of the action when added to the effects of other
past, present, and reasonably foreseeable actions regardless of what agency
(Federal or non-Federal) or person undertakes such other actions. Cumu-
lative effects can result from individually minor but collectively significant
actions taking place over a period of time.
‘‘(D) Effects that are ecological (such as the effects on natural resources
and on the components, structures, and functioning of affected ecosystems),
aesthetic, historic, cultural, economic, social, health, whether direct, indi-
rect, or cumulative. Effects may also include those resulting from actions
which may have both beneficial and detrimental effects, even if on balance
the agency believes that the effects will be beneficial.
‘‘(2) LIMITED ENGLISH PROFICIENCY.—The term ‘limited English proficiency’
means that a household does not have an adult that speaks English very well
according to the United States Census Bureau.
‘‘(3) LOW-INCOME HOUSEHOLD.—The term ‘low-income household’ means a
household that is at or below twice the poverty threshold as that threshold is
determined annually by the United States Census Bureau.
‘‘(4) OVERBURDENED COMMUNITY.—The term ‘overburdened community’ means
any census block group, as determined in accordance with the most recent
United States Census, in which:
‘‘(A) at least 35 percent of the households qualify as low-income house-
holds;
‘‘(B) at least 40 percent of the residents identify as minority or as mem-
bers of a Tribal and Indigenous community; or
‘‘(C) at least 40 percent of the households have limited English pro-
ficiency.
‘‘(5) TRIBAL AND INDIGENOUS COMMUNITY.—The term ‘Tribal and Indigenous
community’ means a population of people who are members of—
‘‘(A) a federally recognized Indian Tribe;
‘‘(B) a State-recognized Indian Tribe;
‘‘(C) an Alaska Native or Native Hawaiian community or organization; or
‘‘(D) any other community of Indigenous people located in a State.’’.
SEC. 16. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.
(a) INITIAL TRAINING.—Not later than 1 year after the date of enactment of this
Act, each employee of the Department of Energy, the Environmental Protection
Agency, the Department of the Interior, and the National Oceanic and Atmospheric
Administration shall complete an environmental justice training program to ensure
that each such employee—
(1) has received training in environmental justice; and
(2) is capable of—
(A) appropriately incorporating environmental justice concepts into the
daily activities of the employee; and
(B) increasing the meaningful participation of individuals from environ-
mental justice communities in the activities of the applicable agency.
(b) MANDATORY PARTICIPATION.—Effective on the date that is 1 year after the date
of enactment of this Act, each individual hired by the Department of Energy, the
Environmental Protection Agency, the Department of the Interior, and the National
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Oceanic and Atmospheric Administration after that date shall be required to partici-
pate in environmental justice training.
(c) REQUIREMENT RELATING TO CERTAIN EMPLOYEES.—
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(1) IN GENERAL.—With respect to each Federal agency that participates in the
Working Group, not later than 30 days after the date on which an individual
is appointed to the position of environmental justice coordinator, Environmental
Justice Ombuds, or any other position the responsibility of which involves the
conduct of environmental justice activities, the individual shall be required to
possess documentation of the completion by the individual of environmental jus-
tice training.
(2) EFFECT.—If an individual described in paragraph (1) fails to meet the re-
quirement described in that paragraph, the Federal agency at which the indi-
vidual is employed shall transfer the individual to a different position until the
date on which the individual completes environmental justice training.
(3) EVALUATION.—Not later than 3 years after the date of enactment of this
Act, the Inspector General of each Federal agency that participates in the Work-
ing Group shall evaluate the training programs of such Federal agency to deter-
mine if such Federal agency has improved the rate of training of the employees
of such Federal agency to ensure that each employee has received environ-
mental justice training.
SEC. 17. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) ENVIRONMENTAL JUSTICE COMMUNITY GRANT PROGRAM.—
(1) ESTABLISHMENT.—The Administrator shall establish a program under
which the Administrator shall provide grants to eligible entities to assist the
eligible entities in—
(A) building capacity to address issues relating to environmental justice;
and
(B) carrying out any activity described in paragraph (4).
(2) ELIGIBILITY.—To be eligible to receive a grant under paragraph (1), an eli-
gible entity shall be a nonprofit, community-based organization that conducts
activities, including providing medical and preventive health services, to reduce
the disproportionate health impacts of environmental pollution in the environ-
mental justice community at which the eligible entity proposes to conduct an
activity that is the subject of the application described in paragraph (3).
(3) APPLICATION.—To be eligible to receive a grant under paragraph (1), an
eligible entity shall submit to the Administrator an application at such time,
in such manner, and containing such information as the Administrator may re-
quire, including—
(A) an outline describing the means by which the project proposed by the
eligible entity will—
(i) with respect to environmental and public health issues at the local
level, increase the understanding of the environmental justice commu-
nity at which the eligible entity will conduct the project;
(ii) improve the ability of the environmental justice community to ad-
dress each issue described in clause (i);
(iii) facilitate collaboration and cooperation among various stake-
holders (including members of the environmental justice community);
and
(iv) support the ability of the environmental justice community to
proactively plan and implement just sustainable community develop-
ment and revitalization initiatives, including countering displacement
and gentrification;
(B) a proposed budget for each activity of the project that is the subject
of the application;
(C) a list of proposed outcomes with respect to the proposed project;
(D) a description of the ways by which the eligible entity may leverage
the funds of the eligible entity, or the funds made available through a grant
under this subsection, to develop a project that is capable of being sustained
beyond the period of the grant; and
(E) a description of the ways by which the eligible entity is linked to, and
representative of, the environmental justice community at which the eligi-
ble entity will conduct the project.
(4) USE OF FUNDS.—An eligible entity may only use a grant under this sub-
section to carry out culturally and linguistically appropriate projects and activi-
ties that are driven by the needs, opportunities, and priorities of the environ-
mental justice community at which the eligible entity proposes to conduct the
project or activity to address environmental justice concerns and improve the
health or environment of the environmental justice community, including activi-
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ties—
(A) to create or develop collaborative partnerships;
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24
(B) to educate and provide outreach services to the environmental justice
community;
(C) to identify and implement projects to address environmental or public
health concerns; or
(D) to develop a comprehensive understanding of environmental or public
health issues.
(5) REPORT.—
(A) IN GENERAL.—Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator shall submit to the
Committees on Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment and Public Works
and Energy and Natural Resources of the Senate a report describing the
ways by which the grant program under this subsection has helped commu-
nity-based nonprofit organizations address issues relating to environmental
justice.
(B) PUBLIC AVAILABILITY.—The Administrator shall make each report re-
quired under subparagraph (A) available to the public (including by posting
a copy of the report on the website of the Environmental Protection Agen-
cy).
(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appro-
priated to carry out this subsection $25,000,000 for each of fiscal years 2023
through 2027.
(b) STATE GRANT PROGRAM.—
(1) ESTABLISHMENT.—The Administrator shall establish a program under
which the Administrator shall provide grants to States to enable the States—
(A) to establish culturally and linguistically appropriate protocols, activi-
ties, and mechanisms for addressing issues relating to environmental jus-
tice; and
(B) to carry out culturally and linguistically appropriate activities to re-
duce or eliminate disproportionately adverse human health or environ-
mental effects on environmental justice communities in the State, including
reducing economic vulnerabilities that result in the environmental justice
communities being disproportionately affected.
(2) ELIGIBILITY.—
(A) APPLICATION.—To be eligible to receive a grant under paragraph (1),
a State shall submit to the Administrator an application at such time, in
such manner, and containing such information as the Administrator may
require, including—
(i) a plan that contains a description of the means by which the funds
provided through a grant under paragraph (1) will be used to address
issues relating to environmental justice at the State level; and
(ii) assurances that the funds provided through a grant under para-
graph (1) will be used only to supplement the amount of funds that the
State allocates for initiatives relating to environmental justice.
(B) ABILITY TO CONTINUE PROGRAM.—To be eligible to receive a grant
under paragraph (1), a State shall demonstrate to the Administrator that
the State has the ability to continue each program that is the subject of
funds provided through a grant under paragraph (1) after receipt of the
funds.
(3) REPORT.—
(A) IN GENERAL.—Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator shall submit to the
Committees on Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment and Public Works
and Energy and Natural Resources of the Senate a report describing—
(i) the implementation of the grant program established under para-
graph (1);
(ii) the impact of the grant program on improving the ability of each
participating State to address environmental justice issues; and
(iii) the activities carried out by each State to reduce or eliminate dis-
proportionately adverse human health or environmental effects on envi-
ronmental justice communities in the State.
(B) PUBLIC AVAILABILITY.—The Administrator shall make each report re-
quired under subparagraph (A) available to the public (including by posting
a copy of the report on the website of the Environmental Protection Agen-
cy).
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(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appro-
priated to carry out this subsection $15,000,000 for each of fiscal years 2023
through 2027.
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25
(c) TRIBAL GRANT PROGRAM.—
(1) ESTABLISHMENT.—The Administrator shall establish a program under
which the Administrator shall provide grants to Indian Tribes—
(A) to establish culturally and linguistically appropriate protocols, activi-
ties, and mechanisms for addressing issues relating to environmental jus-
tice; and
(B) to carry out culturally and linguistically appropriate activities to re-
duce or eliminate disproportionately adverse human health or environ-
mental effects on environmental justice communities in Tribal and Indige-
nous communities, including reducing economic vulnerabilities that result
in the Tribal and Indigenous communities being disproportionately affected.
(2) ELIGIBILITY.—
(A) APPLICATION.—To be eligible to receive a grant under paragraph (1),
an Indian Tribe shall submit to the Administrator an application at such
time, in such manner, and containing such information as the Adminis-
trator may require, including—
(i) a plan that contains a description of the means by which the funds
provided through a grant under paragraph (1) will be used to address
issues relating to environmental justice in Tribal and Indigenous com-
munities; and
(ii) assurances that the funds provided through a grant under para-
graph (1) will be used only to supplement the amount of funds that the
Indian Tribe allocates for initiatives relating to environmental justice.
(B) ABILITY TO CONTINUE PROGRAM.—To be eligible to receive a grant
under paragraph (1), an Indian Tribe shall demonstrate to the Adminis-
trator that the Indian Tribe has the ability to continue each program that
is the subject of funds provided through a grant under paragraph (1) after
receipt of the funds.
(3) REPORT.—
(A) IN GENERAL.—Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Administrator shall submit to the
Committees on Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment and Public Works
and Energy and Natural Resources of the Senate a report describing—
(i) the implementation of the grant program established under para-
graph (1);
(ii) the impact of the grant program on improving the ability of each
participating Indian Tribe to address environmental justice issues; and
(iii) the activities carried out by each Indian Tribe to reduce or elimi-
nate disproportionately adverse human health or environmental effects
on applicable environmental justice communities in Tribal and Indige-
nous communities.
(B) PUBLIC AVAILABILITY.—The Administrator shall make each report re-
quired under subparagraph (A) available to the public (including by posting
a copy of the report on the website of the Environmental Protection Agen-
cy).
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appro-
priated to carry out this subsection $25,000,000 for each of fiscal years 2023
through 2027.
(d) COMMUNITY-BASED PARTICIPATORY RESEARCH GRANT PROGRAM.—
(1) ESTABLISHMENT.—The Administrator, in consultation with the Director,
shall establish a program under which the Administrator shall provide not more
than 25 multiyear grants to eligible entities to carry out community-based
participatory research—
(A) to address issues relating to environmental justice;
(B) to improve the environment of residents and workers in environ-
mental justice communities; and
(C) to improve the health outcomes of residents and workers in environ-
mental justice communities.
(2) ELIGIBILITY.—To be eligible to receive a multiyear grant under paragraph
(1), an eligible entity shall be a partnership composed of—
(A) an accredited institution of higher education; and
(B) a community-based organization.
(3) APPLICATION.—To be eligible to receive a multiyear grant under paragraph
(1), an eligible entity shall submit to the Administrator an application at such
time, in such manner, and containing such information as the Administrator
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may require, including—
(A) a detailed description of the partnership of the eligible entity that, as
determined by the Administrator, demonstrates the participation of mem-
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26
bers of the community at which the eligible entity proposes to conduct the
research; and
(B) a description of—
(i) the project proposed by the eligible entity; and
(ii) the ways by which the project will—
(I) address issues relating to environmental justice;
(II) assist in the improvement of health outcomes of residents
and workers in environmental justice communities; and
(III) assist in the improvement of the environment of residents
and workers in environmental justice communities.
(4) PUBLIC AVAILABILITY.—The Administrator shall make the results of the
grants provided under this subsection available to the public, including by post-
ing on the website of the Environmental Protection Agency a copy of the grant
awards and an annual report at the beginning of each fiscal year describing the
research findings associated with each grant provided under this subsection.
(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appro-
priated to carry out this subsection $10,000,000 for each of fiscal years 2023
through 2027.
SEC. 18. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.
(a) ESTABLISHMENT.—The Administrator shall establish a basic training program,
in coordination and consultation with nongovernmental environmental justice orga-
nizations, to increase the capacity of residents of environmental justice communities
to identify and address disproportionately adverse human health or environmental
effects by providing culturally and linguistically appropriate—
(1) training and education relating to—
(A) basic and advanced techniques for the detection, assessment, and
evaluation of the effects of hazardous substances on human health;
(B) methods to assess the risks to human health presented by hazardous
substances;
(C) methods and technologies to detect hazardous substances in the envi-
ronment;
(D) basic biological, chemical, and physical methods to reduce the quan-
tity and toxicity of hazardous substances;
(E) the rights and safeguards currently afforded to individuals through
policies and laws intended to help environmental justice communities ad-
dress disparate impacts and discrimination, including—
(i) environmental laws; and
(ii) section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–1);
(F) public engagement opportunities through the policies and laws de-
scribed in subparagraph (E);
(G) materials available on the Clearinghouse;
(H) methods to expand access to parks and other natural and recreational
amenities; and
(I) finding and applying for Federal grants related to environmental jus-
tice; and
(2) short courses and continuation education programs for residents of com-
munities who are located in close proximity to hazardous substances to pro-
vide—
(A) education relating to—
(i) the proper manner to handle hazardous substances;
(ii) the management of facilities at which hazardous substances are
located (including facility compliance protocols); and
(iii) the evaluation of the hazards that facilities described in clause
(ii) pose to human health; and
(B) training on environmental and occupational health and safety with
respect to the public health and engineering aspects of hazardous waste
control.
(b) GRANT PROGRAM.—
(1) ESTABLISHMENT.—In carrying out the basic training program established
under subsection (a), the Administrator may provide grants to, or enter into any
contract or cooperative agreement with, an eligible entity to carry out any train-
ing or educational activity described in subsection (a).
(2) ELIGIBLE ENTITY.—To be eligible to receive assistance under paragraph
(1), an eligible entity shall be an accredited institution of education in partner-
ship with—
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(A) a community-based organization that carries out activities relating to
environmental justice;
(B) a generator of hazardous waste;
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27
(C) any individual who is involved in the detection, assessment, evalua-
tion, or treatment of hazardous waste;
(D) any owner or operator of a facility at which hazardous substances are
located; or
(E) any State government, Indian Tribe, or local government.
(c) PLAN.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this
Act, the Administrator, in consultation with the Director, shall develop and pub-
lish in the Federal Register a plan to carry out the basic training program es-
tablished under subsection (a).
(2) CONTENTS.—The plan described in paragraph (1) shall contain—
(A) a list that describes the relative priority of each activity described in
subsection (a); and
(B) a description of research and training relevant to environmental jus-
tice issues of communities adversely affected by pollution.
(3) COORDINATION WITH FEDERAL AGENCIES.—The Administrator shall, to the
maximum extent practicable, take appropriate steps to coordinate the activities
of the basic training program described in the plan with the activities of other
Federal agencies to avoid any duplication of effort.
(d) REPORT.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this
Act, and every 2 years thereafter, the Administrator shall submit to the Com-
mittees on Energy and Commerce and Natural Resources of the House of Rep-
resentatives and the Committees on Environment and Public Works and Energy
and Natural Resources of the Senate a report describing—
(A) the implementation of the basic training program established under
subsection (a); and
(B) the impact of the basic training program on improving training oppor-
tunities for residents of environmental justice communities.
(2) PUBLIC AVAILABILITY.—The Administrator shall make the report required
under paragraph (1) available to the public (including by posting a copy of the
report on the website of the Environmental Protection Agency).
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated
to carry out this section $10,000,000 for each of fiscal years 2023 through 2027.
SEC. 19. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) ESTABLISHMENT.—The President shall establish an advisory council, to be
known as the ‘‘National Environmental Justice Advisory Council’’.
(b) MEMBERSHIP.—The Advisory Council shall be composed of 26 members who
have knowledge of, or experience relating to, the effect of environmental conditions
on communities of color, low-income communities, and Tribal and Indigenous com-
munities, including—
(1) representatives of—
(A) community-based organizations that carry out initiatives relating to
environmental justice, including grassroots organizations led by people of
color;
(B) State governments, Indian Tribes, and local governments;
(C) Tribal Organizations and other Indigenous communities;
(D) nongovernmental and environmental organizations; and
(E) private sector organizations (including representatives of industries
and businesses); and
(2) experts in the field of—
(A) socioeconomic analysis;
(B) health and environmental effects;
(C) exposure evaluation;
(D) environmental law and civil rights law; or
(E) environmental health science research.
(c) SUBCOMMITTEES; WORKGROUPS.—
(1) ESTABLISHMENT.—The Advisory Council may establish any subcommittee
or workgroup to assist the Advisory Council in carrying out any duty of the Ad-
visory Council described in subsection (d).
(2) REPORT.—Upon the request of the Advisory Council, each subcommittee
or workgroup established by the Advisory Council under paragraph (1) shall
submit to the Advisory Council a report that contains—
(A) a description of each recommendation of the subcommittee or
workgroup; and
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(B) any advice requested by the Advisory Council with respect to any
duty of the Advisory Council.
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(d) DUTIES.—The Advisory Council shall provide independent advice and rec-
ommendations to the Environmental Protection Agency with respect to issues relat-
ing to environmental justice, including advice—
(1) to help develop, facilitate, and conduct reviews of the direction, criteria,
scope, and adequacy of the scientific research and demonstration projects of the
Environmental Protection Agency relating to environmental justice;
(2) to improve participation, cooperation, and communication with respect to
such issues—
(A) within the Environmental Protection Agency;
(B) between the Environmental Protection Agency and other entities; and
(C) between, and among, the Environmental Protection Agency and Fed-
eral agencies, State and local governments, Indian Tribes, environmental
justice leaders, interest groups, and the public;
(3) requested by the Administrator to help improve the response of the Envi-
ronmental Protection Agency in securing environmental justice for communities
of color, low-income communities, and Tribal and Indigenous communities; and
(4) on issues relating to—
(A) the developmental framework of the Environmental Protection Agen-
cy with respect to the integration by the Environmental Protection Agency
of socioeconomic programs into the strategic planning, annual planning,
and management accountability of the Environmental Protection Agency to
achieve environmental justice results throughout the Environmental Protec-
tion Agency;
(B) the measurement and evaluation of the progress, quality, and ade-
quacy of the Environmental Protection Agency in planning, developing, and
implementing environmental justice strategies, projects, and programs;
(C) any existing and future information management systems, tech-
nologies, and data collection activities of the Environmental Protection
Agency (including recommendations to conduct analyses that support and
strengthen environmental justice programs in administrative and scientific
areas);
(D) the administration of grant programs relating to environmental jus-
tice assistance; and
(E) education, training, and other outreach activities conducted by the
Environmental Protection Agency relating to environmental justice.
(e) MEETINGS.—
(1) FREQUENCY.—
(A) IN GENERAL.—Subject to subparagraph (B), the Advisory Council shall
meet biannually.
(B) AUTHORITY OF ADMINISTRATOR.—The Administrator may require the
Advisory Council to conduct additional meetings if the Administrator deter-
mines that the conduct of any additional meetings is necessary.
(2) PUBLIC PARTICIPATION.—
(A) IN GENERAL.—Subject to subparagraph (B), each meeting of the Advi-
sory Council shall be open to the public to provide the public an oppor-
tunity—
(i) to submit comments to the Advisory Council; and
(ii) to appear before the Advisory Council.
(B) AUTHORITY OF ADMINISTRATOR.—The Administrator may close any
meeting, or portion of any meeting, of the Advisory Council to the public.
(f) FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the
Advisory Council.
(g) TRAVEL EXPENSES.—The Administrator may provide to any member of the Ad-
visory Council travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular place of business of
the member in the performance of the duties of the Advisory Council.
SEC. 20. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.
(a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this
Act, the Administrator shall establish a public internet-based clearinghouse, to be
known as the Environmental Justice Clearinghouse.
(b) CONTENTS.—The Clearinghouse shall be composed of culturally and linguis-
tically appropriate materials related to environmental justice, including—
(1) information describing the activities conducted by the Environmental Pro-
tection Agency to address issues relating to environmental justice;
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(2) copies of training materials provided by the Administrator to help individ-
uals and employees understand and carry out environmental justice activities;
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(3) links to web pages that describe environmental justice activities of other
Federal agencies;
(4) a directory of individuals who possess technical expertise in issues relating
to environmental justice;
(5) a directory of nonprofit and community-based organizations, including
grassroots organizations led by people of color, that address issues relating to
environmental justice at the local, State, and Federal levels (with particular em-
phasis given to nonprofit and community-based organizations that possess the
capability to provide advice or technical assistance to environmental justice
communities); and
(6) any other appropriate information as determined by the Administrator, in-
cluding information on any resources available to help address the dispropor-
tionate burden of adverse human health or environmental effects on environ-
mental justice communities.
(c) CONSULTATION.—In developing the Clearinghouse, the Administrator shall con-
sult with individuals representing academic and community-based organizations
who have expertise in issues relating to environmental justice.
(d) ANNUAL REVIEW.—The Advisory Council shall—
(1) conduct a review of the Clearinghouse on an annual basis; and
(2) recommend to the Administrator any updates for the Clearinghouse that
the Advisory Council determines to be necessary for the effective operation of
the Clearinghouse.
SEC. 21. PUBLIC MEETINGS.
(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act,
and biennially thereafter, the Administrator shall hold public meetings on environ-
mental justice issues in each region of the Environmental Protection Agency to gath-
er public input with respect to the implementation and updating of environmental
justice strategies and efforts of the Environmental Protection Agency.
(b) OUTREACH TO ENVIRONMENTAL JUSTICE COMMUNITIES.—The Administrator, in
advance of the meetings described in subsection (a), shall to the extent practicable
hold multiple meetings in environmental justice communities in each region to pro-
vide meaningful community involvement opportunities.
(c) NOTICE.—Notice for the meetings described in subsections (a) and (b) shall be
provided—
(1) to applicable representative entities or organizations present in the envi-
ronmental justice community, including—
(A) local religious organizations;
(B) civic associations and organizations;
(C) business associations of people of color;
(D) environmental and environmental justice organizations;
(E) homeowners’, tenants’, and neighborhood watch groups;
(F) local governments;
(G) Indian Tribes, Tribal Organizations, and other Indigenous commu-
nities;
(H) rural cooperatives;
(I) business and trade organizations;
(J) community and social service organizations;
(K) universities, colleges, and vocational schools;
(L) labor organizations;
(M) civil rights organizations;
(N) senior citizens’ groups; and
(O) public health agencies and clinics;
(2) through communication methods that are accessible in the applicable envi-
ronmental justice community, which may include electronic media, newspapers,
radio, and other media particularly targeted at communities of color, low-income
communities, and Tribal and Indigenous communities; and
(3) at least 30 days before any such meeting.
(d) COMMUNICATION METHODS AND REQUIREMENTS.—The Administrator shall—
(1) provide translations of any documents made available to the public pursu-
ant to this section in any language spoken by more than 5 percent of the popu-
lation residing within the applicable environmental justice community, and
make available translation services for meetings upon request; and
(2) not require members of the public to produce a form of identification or
register their names, provide other information, complete a questionnaire, or
otherwise fulfill any condition precedent to attending a meeting, but if an at-
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tendance list, register, questionnaire, or other similar document is utilized dur-
ing meetings, it shall state clearly that the signing, registering, or completion
of the document is voluntary.
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30
(e) REQUIRED ATTENDANCE OF CERTAIN EMPLOYEES.—In holding a public meeting
under subsection (a), the Administrator shall ensure that at least 1 employee of the
Environmental Protection Agency at the level of Assistant Administrator is present
at the meeting to serve as a representative of the Environmental Protection Agency.
SEC. 22. ENVIRONMENTAL PROJECTS FOR ENVIRONMENTAL JUSTICE COMMUNITIES.
The Administrator shall ensure that all environmental projects developed as part
of a settlement relating to violations in an environmental justice community—
(1) are developed through consultation with, and with the meaningful partici-
pation of, individuals in the affected environmental justice community; and
(2) result in a quantifiable improvement to the health and well-being of indi-
viduals in the affected environmental justice community.
SEC. 23. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE OBJECTIVES.
(a) GRANTS AUTHORIZED.—The Coastal Zone Management Act of 1972 is amended
by inserting after section 309 (16 U.S.C. 1456b) the following:
‘‘SEC. 309A. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE OBJECTIVES.
‘‘(a) GRANTS AUTHORIZED.—The Secretary may award competitive grants to Indian
Tribes to further achievement of the objectives of such a Tribe for such Tribe’s Trib-
al coastal zone.
‘‘(b) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the cost of any activity carried out
with a grant under this section shall be—
‘‘(A) in the case of a grant of less than $200,000, 100 percent of such cost;
and
‘‘(B) in the case of a grant of $200,000 or more, 95 percent of such cost,
except as provided in paragraph (2).
‘‘(2) WAIVER.—The Secretary may waive the application of paragraph (1)(B)
with respect to a grant to an Indian Tribe, or otherwise reduce the portion of
the share of the cost of an activity required to be paid by an Indian Tribe under
such paragraph, if the Secretary determines that the Tribe does not have suffi-
cient funds to pay such portion.
‘‘(c) COMPATIBILITY.—The Secretary may not award a grant under this section un-
less the Secretary determines that the activities to be carried out with the grant
are compatible with this title.
‘‘(d) AUTHORIZED OBJECTIVES AND PURPOSES.—An Indian Tribe that receives a
grant under this section shall use the grant funds for one or more of the objectives
and purposes authorized under subsections (b) and (c), respectively, of section 306A.
‘‘(e) FUNDING.—There is authorized to be appropriated to carry out this section
$5,000,000 for each of fiscal years 2023 through 2027, of which not more than 3 per-
cent shall be used for administrative costs to carry out this section.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) INDIAN LAND.—The term ‘Indian land’ has the meaning given such term
under section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given such term
in section 4 of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
‘‘(3) TRIBAL COASTAL ZONE.—The term ‘Tribal coastal zone’ means any Indian
land that is within the coastal zone.
‘‘(4) TRIBAL COASTAL ZONE OBJECTIVE.—The term ‘Tribal coastal zone objec-
tive’ means, with respect to an Indian Tribe, any of the following objectives:
‘‘(A) Protection, restoration, or preservation of areas in the Tribal coastal
zone of such Tribe that—
‘‘(i) hold important ecological, cultural, or sacred significance for such
Tribe; or
‘‘(ii) reflect traditional, historic, and aesthetic values essential to such
Tribe.
‘‘(B) Preparing and implementing a special area management plan and
technical planning for important coastal areas.
‘‘(C) Any coastal or shoreline stabilization measure, including any mitiga-
tion measure, for the purpose of public safety, public access, or cultural or
historical preservation.’’.
(b) GUIDANCE.—Not later than 180 days after the date of the enactment of this
Act, the Secretary of Commerce shall issue guidance for the program established
under the amendment made by subsection (a), including the criteria for awarding
grants under such program based on consultation with Indian Tribes (as that term
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is defined in that amendment).
(c) USE OF STATE GRANTS TO FULFILL TRIBAL OBJECTIVES.—Section 306A(c)(2) of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a(c)(2)) is amended—
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31
(1) in subparagraph (D), by striking ‘‘and’’ at the end;
(2) in subparagraph (E), by striking the period at the end and inserting ‘‘;
and’’; and
(3) by adding at the end the following:
‘‘(F) fulfilling any Tribal coastal zone objective (as that term is defined in sec-
tion 309A).’’.
(d) OTHER PROGRAMS NOT AFFECTED.—Nothing in this section, including an
amendment made by this section, shall be construed to affect the ability of an In-
dian Tribe to apply for assistance, receive assistance under, or participate in any
program authorized by any section of the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.) or other related Federal laws.
SEC. 24. COSMETIC LABELING.
(a) IN GENERAL.—Chapter VI of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 361 et seq.) is amended by adding at the end the following:
‘‘SEC. 604. LABELING.
‘‘(a) COSMETIC PRODUCTS FOR PROFESSIONAL USE.—
‘‘(1) DEFINITION OF PROFESSIONAL.—With respect to cosmetics, the term ‘pro-
fessional’ means an individual who—
‘‘(A) is licensed by an official State authority to practice in the field of
cosmetology, nail care, barbering, or esthetics;
‘‘(B) has complied with all requirements set forth by the State for such
licensing; and
‘‘(C) has been granted a license by a State board or legal agency or legal
authority.
‘‘(2) LISTING OF INGREDIENTS.—Cosmetic products used and sold by profes-
sionals shall list all ingredients and warnings, as required for other cosmetic
products under this chapter.
‘‘(3) PROFESSIONAL USE LABELING.—In the case of a cosmetic product intended
to be used only by a professional on account of a specific ingredient or increased
concentration of an ingredient that requires safe handling by trained profes-
sionals, the product shall bear a statement as follows: ‘To be Administered Only
by Licensed Professionals’.
‘‘(b) DISPLAY REQUIREMENTS.—A listing required under subsection (a)(2) and a
statement required under subsection (a)(3) shall be prominently displayed—
‘‘(1) in the primary language used on the label; and
‘‘(2) in conspicuous and legible type in contrast by typography, layout, or color
with other material printed or displayed on the label.
‘‘(c) INTERNET SALES.—In the case of internet sales of cosmetics, each internet
website offering a cosmetic product for sale to consumers shall provide the same in-
formation that is included on the packaging of the cosmetic product as regularly
available through in-person sales, except information that is unique to a single cos-
metic product sold in a retail facility, such as a lot number or expiration date, and
the warnings and statements described in subsection (b) shall be prominently and
conspicuously displayed on the website.
‘‘(d) CONTACT INFORMATION.—The label on each cosmetic shall bear the domestic
telephone number or electronic contact information, and it is encouraged that the
label include both the telephone number and electronic contact information, that
consumers may use to contact the responsible person with respect to adverse events.
The contact number shall provide a means for consumers to obtain additional infor-
mation about ingredients in a cosmetic, including the ability to ask if a specific in-
gredient may be present that is not listed on the label, including whether a specific
ingredient may be contained in the fragrance or flavor used in the cosmetic. The
manufacturer of the cosmetic is responsible for providing such information, includ-
ing obtaining the information from suppliers if it is not readily available. Suppliers
are required to release such information upon request of the cosmetic manufac-
turer.’’.
(b) MISBRANDING.—Section 602 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 362) is amended by adding at the end the following:
‘‘(g) If its labeling does not conform with a requirement under section 604.’’.
(c) EFFECTIVE DATE.—Section 604 of the Federal Food, Drug, and Cosmetic Act,
as added by subsection (a), shall take effect on the date that is 1 year after the date
of enactment of this Act.
SEC. 25. SAFER COSMETIC ALTERNATIVES FOR DISPROPORTIONATELY IMPACTED COMMU-
NITIES.
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(a) IN GENERAL.—The Secretary of Health and Human Services (in this section
referred to as the ‘‘Secretary’’), acting through the Commissioner of Food and Drugs,
shall award grants to eligible entities—
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(1) to support research focused on the design of safer alternatives to chemicals
in cosmetics with inherent toxicity or associated with chronic adverse health ef-
fects; or
(2) to provide educational awareness and community outreach efforts to edu-
cate the promote the use of safer alternatives in cosmetics.
(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under subsection (a), an
entity shall—
(1) be a public institution such as a university, a nonprofit research institu-
tion, or a nonprofit grassroots organization; and
(2) not benefit from a financial relationship with a chemical or cosmetics man-
ufacturer, supplier, or trade association.
(c) PRIORITY.—In awarding grants under subsection (a), the Secretary shall give
priority to applicants proposing to focus on—
(1) replacing chemicals in professional cosmetic products used by nail and
hair and beauty salon workers with safer alternatives; or
(2) replacing chemicals in cosmetic products marketed to women and girls of
color, including any such beauty, personal hygiene, and intimate care products,
with safer alternatives.
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are au-
thorized to be appropriated such sums as may be necessary for fiscal years 2022
through 2026.
SEC. 26. SAFER CHILD CARE CENTERS, SCHOOLS, AND HOMES FOR DISPROPORTIONATELY
IMPACTED COMMUNITIES.
(a) IN GENERAL.—The Secretary of Health and Human Services (in this section
referred to as the ‘‘Secretary’’), acting through the Commissioner of Food and Drugs,
in consultation with the Administrator of the Environmental Protection Agency,
shall award grants to eligible entities to support research focused on the design of
safer alternatives to chemicals in consumer, cleaning, toy, and baby products with
inherent toxicity or that are associated with chronic adverse health effects.
(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under subsection (a), an
entity shall—
(1) be a public institution such as a university or a nonprofit research institu-
tion; and
(2) not benefit from a financial relationship with—
(A) a chemical manufacturer, supplier, or trade association; or
(B) a cleaning, toy, or baby product manufacturer, supplier, or trade asso-
ciation.
(c) PRIORITY.—In awarding grants under subsection (a), the Secretary shall give
priority to applicants proposing to focus on replacing chemicals in cleaning, toy, or
baby products used by childcare providers with safer alternatives.
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are au-
thorized to be appropriated such sums as may be necessary for fiscal years 2022
through 2026.
SEC. 27. CERTAIN MENSTRUAL PRODUCTS MISBRANDED IF LABELING DOES NOT INCLUDE IN-
GREDIENTS.
(a) IN GENERAL.—Section 502 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 352) is amended by adding at the end the following:
‘‘(gg) If it is a menstrual product, such as a menstrual cup, a scented, scented de-
odorized, or unscented menstrual pad or tampon, a therapeutic vaginal douche ap-
paratus, or an obstetrical and gynecological device described in section 884.5400,
884.5425, 884.5435, 884.5460, 884.5470, or 884.5900 of title 21, Code of Federal
Regulations (or any successor regulation), unless its label or labeling lists the name
of each ingredient or component of the product in order of the most predominant
ingredient or component to the least predominant ingredient or component.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies with re-
spect to products introduced or delivered for introduction into interstate commerce
on or after the date that is one year after the date of the enactment of this Act.
SEC. 28. SUPPORT BY NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES FOR RE-
SEARCH ON HEALTH DISPARITIES IMPACTING COMMUNITIES OF COLOR.
Subpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285l
et seq.) is amended by adding at the end the following new section:
‘‘SEC. 463C. RESEARCH ON HEALTH DISPARITIES RELATED TO COSMETICS IMPACTING COM-
MUNITIES OF COLOR.
‘‘(a) IN GENERAL.—The Director of the Institute shall award grants to eligible enti-
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ties—
‘‘(1) to expand support for basic, epidemiological, and social scientific inves-
tigations into—
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‘‘(A) the chemicals linked (or with possible links) to adverse health effects
most commonly found in cosmetics marketed to women and girls of color,
including beauty, personal hygiene, and intimate care products;
‘‘(B) the marketing and sale of such cosmetics containing chemicals linked
to adverse health effects to women and girls of color across their lifespans;
‘‘(C) the use of such cosmetics by women and girls of color across their
lifespans; or
‘‘(D) the chemicals linked to the adverse health effects most commonly
found in products used by nail, hair, and beauty salon workers;
‘‘(2) to provide educational awareness and community outreach efforts to edu-
cate the promote the use of safer alternatives in cosmetics; and
‘‘(3) to disseminate the results of any such research described in subpara-
graph (A) or (B) of paragraph (1) (conducted by the grantee pursuant to this
section or otherwise) to help communities identify and address potentially un-
safe chemical exposures in the use of cosmetics.
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under subsection (a), an
entity shall—
‘‘(1) be a public institution such as a university, a nonprofit research institu-
tion, or a nonprofit grassroots organization; and
‘‘(2) not benefit from a financial relationship with a chemical or cosmetics
manufacturer, supplier, or trade association.
‘‘(c) REPORT.—Not later than the end 1 year after awarding grants under this sec-
tion, and each year thereafter, the Director of the Institute shall submit to the Com-
mittee on Energy and Commerce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of the Senate, and make publicly
available, a report on the results of the investigations funded under subsection (a),
including—
‘‘(1) summary findings on—
‘‘(A) marketing strategies, product categories, and specific cosmetics con-
taining ingredients linked to adverse health effects; and
‘‘(B) the demographics of the populations marketed to and using cos-
metics containing such ingredients for personal and professional use; and
‘‘(2) recommended public health information strategies to reduce potentially
unsafe exposures to cosmetics.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are au-
thorized to be appropriated such sums as may be necessary for fiscal years 2022
through 2026.’’.
SEC. 29. REVENUES FOR JUST TRANSITION ASSISTANCE.
(a) DEFINITIONS.—In this section:
(1) NONPRODUCING LEASE.—The term ‘‘nonproducing lease’’ means any Fed-
eral onshore or offshore oil or natural gas lease under which oil or natural gas
is produced for fewer than 90 days in an applicable calendar year.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.
(b) MINERAL LEASING REVENUE.—
(1) COAL LEASES.—Section 7(a) of the Mineral Leasing Act (30 U.S.C. 207(a))
is amended, in the fourth sentence, by striking ‘‘121⁄2 per centum’’ and inserting
‘‘18.75 percent’’.
(2) LEASES ON LAND KNOWN OR BELIEVED TO CONTAIN OIL OR NATURAL GAS.—
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 fourth sentence, by striking ‘‘shall be held’’ and all that
follows through ‘‘are necessary’’ and inserting ‘‘may be held in each
State not more than once each year’’; and
(II) in the fifth sentence, by striking ‘‘12.5 percent’’ and inserting
‘‘18.75 percent’’; and
(ii) in paragraph (2)(A)(ii), by striking ‘‘121⁄2 per centum’’ and insert-
ing ‘‘18.75 percent’’;
(B) in subsection (c)(1), in the second sentence, by striking ‘‘12.5 percent’’
and inserting ‘‘18.75 percent’’;
(C) in subsection (l), by striking ‘‘121⁄2 per centum’’ each place it appears
and inserting ‘‘18.75 percent’’; and
(D) in subsection (n)(1)(C), by striking ‘‘121⁄2 per centum’’ and inserting
‘‘18.75 percent’’.
(3) REINSTATEMENT OF LEASES.—Section 31(e)(3) of the Mineral Leasing Act
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(30 U.S.C. 188(e)(3)) is amended by striking ‘‘162⁄3’’ each place it appears and
inserting ‘‘25’’.
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(4) DEPOSITS.—Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is
amended—
(A) in subsection (a), in the first sentence, by striking ‘‘All’’ and inserting
‘‘Except as provided in subsection (e), all’’; and
(B) by adding at the end the following:
‘‘(e) DISTRIBUTION OF CERTAIN AMOUNTS.—Notwithstanding subsection (a), the
amount of any increase in revenues collected as a result of the amendments made
by subsection (b) of section 29 of the Environmental Justice For All Act shall be de-
posited and distributed in accordance with subsection (d) of that section.’’.
(c) FEES FOR PRODUCING LEASES AND NONPRODUCING LEASES.—
(1) CONSERVATION OF RESOURCES FEES.—There is established a fee of $4 per
acre per year on producing Federal onshore and offshore oil and gas leases.
(2) SPECULATIVE LEASING FEES.—There is established a fee of $6 per acre per
year on nonproducing leases.
(d) DEPOSIT.—
(1) IN GENERAL.—All amounts collected under paragraphs (1) and (2) of sub-
section (c) shall be deposited in the Federal Energy Transition Economic Devel-
opment Assistance Fund established by section 30(c).
(2) MINERAL LEASING REVENUE.—Notwithstanding any other provision of law,
of the amount of any increase in revenue collected as a result of the amend-
ments made by subsection (b)—
(A) 50 percent shall be deposited in the Federal Energy Transition Eco-
nomic Development Assistance Fund established by section 30(c); and
(B) 50 percent shall be distributed to the State in which the production
occurred.
(e) ADJUSTMENT FOR INFLATION.—The Secretary shall, by regulation at least once
every 4 years, adjust each fee established by subsection (c) to reflect any change in
the Consumer Price Index (all items, United States city average) as prepared by the
Department of Labor.
SEC. 30. ECONOMIC REVITALIZATION FOR FOSSIL FUEL-DEPENDENT COMMUNITIES.
(a) PURPOSE.—The purpose of this section is to promote economic revitalization,
diversification, and development in communities—
(1) that depend on fossil fuel mining, extraction, or refining for a significant
amount of economic opportunities; or
(2) in which a significant proportion of the population is employed at electric
generating stations that use fossil fuels as the predominant fuel supply.
(b) DEFINITIONS.—In this section:
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ means the Just
Transition Advisory Committee established by subsection (g)(1).
(2) DISPLACED WORKER.—The term ‘‘displaced worker’’ means an individual
who, due to efforts to reduce net emissions from public land or as a result of
a downturn in fossil fuel mining, extraction, or production, has suffered a reduc-
tion in employment or economic opportunities.
(3) FOSSIL FUEL.—The term ‘‘fossil fuel’’ means coal, petroleum, natural gas,
tar sands, oil shale, or any derivative of coal, petroleum, or natural gas.
(4) FOSSIL FUEL-DEPENDENT COMMUNITY.—The term ‘‘fossil fuel-dependent
community’’ means a community—
(A) that depends on fossil fuel mining, and extraction, or refining for a
significant amount of economic opportunities; or
(B) in which a significant proportion of the population is employed at
electric generating stations that use fossil fuels as the predominant fuel
supply.
(5) FOSSIL FUEL TRANSITION COMMUNITY.—The term ‘‘fossil fuel transition
community’’ means a community—
(A) that has been adversely affected economically by a recent reduction
in fossil fuel mining, extraction, or production-related activity, as dem-
onstrated by employment data, per capita income, or other indicators of eco-
nomic distress;
(B) that has historically relied on fossil fuel mining, extraction, or produc-
tion-related activity for a substantial portion of its economy; or
(C) in which the economic contribution of fossil fuel mining, extraction,
or production-related activity has significantly declined.
(6) FUND.—The term ‘‘Fund’’ means the Federal Energy Transition Economic
Development Assistance Fund established by subsection (c).
(7) PUBLIC LAND.—
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(A) IN GENERAL.—The term ‘‘public land’’ means any land and interest in
land owned by the United States within the several States and adminis-
tered by the Secretary or the Secretary of Agriculture (acting through the
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35
Chief of the Forest Service) without regard to how the United States ac-
quired ownership.
(B) INCLUSION.—The term ‘‘public land’’ includes land located on the
outer Continental Shelf.
(C) EXCLUSION.—The term ‘‘public land’’ does not include land held in
trust for an Indian Tribe or member of an Indian Tribe.
(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.
(c) ESTABLISHMENT OF FEDERAL ENERGY TRANSITION ECONOMIC DEVELOPMENT
ASSISTANCE FUND.—There is established in the Treasury of the United States a
fund, to be known as the ‘‘Federal Energy Transition Economic Development Assist-
ance Fund’’, which shall consist of amounts deposited in the Fund under section
29(d).
(d) DISTRIBUTION OF FUNDS.—Of the amounts deposited in the Fund—
(1) 35 percent shall be distributed by the Secretary to States in which extrac-
tion of fossil fuels occurs on public land, based on a formula reflecting existing
production and extraction in the State;
(2) 35 percent shall be distributed by the Secretary to States based on a for-
mula reflecting the quantity of fossil fuels historically produced and extracted
in the State on public land before the date of enactment of this Act; and
(3) 30 percent shall be allocated to a competitive grant program under sub-
section (f).
(e) USE OF FUNDS.—
(1) IN GENERAL.—Funds distributed by the Secretary to States under para-
graphs (1) and (2) of subsection (d) may be used for—
(A) environmental remediation of land and waters impacted by the full
lifecycle of fossil fuel extraction and mining;
(B) building partnerships to attract and invest in the economic future of
historically fossil fuel-dependent communities;
(C) increasing capacity and other technical assistance fostering long-term
economic growth and opportunity in historically fossil fuel-dependent com-
munities;
(D) guaranteeing pensions, healthcare, and retirement security and pro-
viding a bridge of wage support until a displaced worker either finds new
employment or reaches retirement;
(E) severance payments for displaced workers;
(F) carbon sequestration projects in natural systems on public land; or
(G) expanding broadband access and broadband infrastructure.
(2) PRIORITY TO FOSSIL FUEL WORKERS.—In distributing funds under para-
graph (1), the Secretary shall give priority to assisting displaced workers dis-
located from fossil fuel mining and extraction industries.
(f) COMPETITIVE GRANT PROGRAM.—
(1) IN GENERAL.—The Secretary shall establish a competitive grant program
to provide funds to eligible entities for the purposes described in paragraph (3).
(2) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, the term ‘‘eligible en-
tity’’ means a local government, State government, or Indian Tribe, local devel-
opment district (as defined in section 382E(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009aa–4(a))), a nonprofit organization, labor
union, economic development agency, or institution of higher education (includ-
ing a community college).
(3) ELIGIBLE USE OF FUNDS.—The Secretary may award grants from amounts
in the Fund made available under subsection (d)(3) for—
(A) the purposes described in subsection (e)(1);
(B)(i) existing job retraining and apprenticeship programs for displaced
workers; or
(ii) programs designed to promote economic development in communities
affected by a downturn in fossil fuel extraction and mining;
(C) developing projects that—
(i) diversify local and regional economies;
(ii) create jobs in new or existing non-fossil fuel industries;
(iii) attract new sources of job-creating investment; or
(iv) provide a range of workforce services and skills training;
(D) internship programs in a field related to clean energy; and
(E) the development and support of—
(i) a clean energy certificate program at a labor organization; or
(ii) a clean energy major or minor program at an institution of higher
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education (as defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)).
(g) JUST TRANSITION ADVISORY COMMITTEE.—
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36
(1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of
this Act, the Secretary shall establish an advisory committee, to be known as
the ‘‘Just Transition Advisory Committee’’.
(2) CHAIR.—The President shall appoint a Chair of the Advisory Committee.
(3) DUTIES.—The Advisory Committee shall—
(A) advise, assist, and support the Secretary in—
(i) the management and allocation of funds available under sub-
section (d); and
(ii) the establishment and administration of the competitive grant
program under subsection (f); and
(B) develop procedures to ensure that States and applicants eligible to
participate in the competitive grant program established under subsection
(f) are notified of the availability of Federal funds pursuant to this section.
(4) MEMBERSHIP.—
(A) IN GENERAL.—The total number of members of the Advisory Com-
mittee shall not exceed 20 members.
(B) COMPOSITION.—The Advisory Committee shall be composed of the fol-
lowing members appointed by the Chair:
(i) A representative of the Assistant Secretary of Commerce for Eco-
nomic Development.
(ii) A representative of the Secretary of Labor.
(iii) A representative of the Under Secretary for Rural Development.
(iv) 2 individuals with professional economic development or work-
force retraining experience.
(v) An equal number of representatives from each of the following:
(I) Labor unions.
(II) Nonprofit environmental organizations.
(III) Environmental justice organizations.
(IV) Fossil fuel transition communities.
(V) Public interest groups.
(VI) Tribal and Indigenous communities.
(5) TERMINATION.—The Advisory Committee shall not terminate except by an
Act of Congress.
(h) LIMIT ON USE OF FUNDS.—
(1) ADMINISTRATIVE COSTS.—Not more than 7 percent of the amounts in the
Fund may be used for administrative costs incurred in implementing this sec-
tion.
(2) LIMITATION ON FUNDS TO A SINGLE ENTITY.—Not more than 5 percent of
the amounts in the Fund may be awarded to a single eligible entity.
(3) CALENDAR YEAR LIMITATION.—Not less than 15 percent of the amounts in
the Fund shall be spent in each calendar year.
(i) USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.—None of the
funds appropriated or otherwise made available by this section may be used for a
project for the construction, alteration, maintenance, or repair of a public building
or public work unless all of the iron, steel, and manufactured goods used in the
project are produced in the United States, unless the manufactured good is not pro-
duced in the United States.
(j) SUBMISSION TO CONGRESS.—The Secretary shall submit to the Committees on
Appropriations and Energy and Natural Resources of the Senate and the Commit-
tees on Appropriations and Natural Resources of the House of Representatives, with
the annual budget submission of the President, a list of projects, including a de-
scription of each project, that received funding under this section in the previous
calendar year.
SEC. 31. EVALUATION BY COMPTROLLER GENERAL OF THE UNITED STATES.
Not later than 2 years after the date of enactment of this Act, and biennially
thereafter, the Comptroller General of the United States shall submit to the Com-
mittees on Energy and Commerce and Natural Resources of the House of Represent-
atives, and the Committees on Environment and Public Works and Energy and Nat-
ural Resources of the Senate, a report that contains an evaluation of the effective-
ness of each activity carried out under this Act and the amendments made by this
Act.
PURPOSE OF THE BILL
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The purpose of H.R. 2021 is to restore, reaffirm, and reconcile en-
vironmental justice and civil rights; address environmental health
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37
disparities; and to promote a cleaner, more just environmental fu-
ture for everyone.
BACKGROUND AND NEED FOR LEGISLATION
Environmental justice is rooted in a core belief that all people
have the right to clean air, clean water, and a healthy local envi-
ronment. For environmental justice communities—including com-
munities of color, Tribal and Indigenous communities, and low-in-
come communities—these rights are still unrealized after decades
of inadequate public investment and policies that disproportion-
ately burden environmental justice communities with the harmful
impacts of pollution and climate change, even though environ-
mental justice communities contribute the least to environmental
pollution and climate change.1 Environmental justice communities
are disproportionately burdened by greater exposure to air pollu-
tion, water pollution, and harmful climate impacts, including coast-
al and inland flooding, extreme temperatures, climate-induced
drought, and clean drinking water supply shortages.2 These envi-
ronmental impacts are worsened by an inequitable distribution of
federal funding to support climate resilient infrastructure and
healthy environments in environmental justice communities.3
To help address these environmental injustices, House Natural
Resources Committee Chair Raúl M. Grijalva and Representative
A. Donald McEachin initiated an inclusive, transparent, commu-
nity-led process to create comprehensive environmental justice leg-
islation. After convening hundreds of environmental leaders in the
U.S. Capitol and integrating extensive community feedback, includ-
ing hundreds of written comments from members of the public and
leaders in the environmental justice movement, Chair Grijalva and
Rep. McEachin first introduced the Environmental Justice for All
Act in 2020, with now—Vice President Kamala Harris leading the
Senate companion. Chair Grijalva and Rep. McEachin reintroduced
the legislation on March 18, 2021.
Broadly speaking, the Environmental Justice for All Act includes
numerous bill provisions that can be grouped into five categories of
action.
SPOTLIGHTING ENVIRONMENTAL IMPACTS AND IMPROVING PUBLIC
INPUT OPPORTUNITIES FOR ENVIRONMENTAL JUSTICE COMMUNITIES
Section 14 of H.R. 2021 requires federal agencies to provide early
and more robust public disclosure and engagement opportunities
1 See, e.g., Seth Borenstein, Rich Americans Spew More Carbon Pollution at Home than Poor,
ASSOCIATED PRESS (July 20, 2020), https://apnews.com/article/science-be099434a414a0cb647
640ce45f8e6fc; EPA, CLIMATE CHANGE AND SOCIAL VULNERABILITY IN THE UNITED STATES
(2021), https://www.epa.gov/system/files/documents/2021-09/climate-vulnerability_september-
2021_508.pdf.
2 See, e.g., Sarah Kaplan, Climate Change is Also a Racial Justice Problem, WASH. POST (June
29, 2020), https://www.washingtonpost.com/climate-solutions/2020/06/29/climate-change-racism/;
EPA, CLIMATE CHANGE AND SOCIAL VULNERABILITY IN THE UNITED STATES, supra note 1; ROB-
ERT D. BULLARD, PAUL MOHAI, ROBIN SAHA & BEVERLY WRIGHT, UNITED CHURCH OF CHRIST,
TOXIC WASTE AND RACE AT TWENTY (2007), http://www.ejnet.org/ej/twart.pdf; Linda Villarosa,
Pollution Is Killing Black Americans. This Community Fought Back., N.Y. TIMES (July 28,
2020), https://www.nytimes.com/2020/07/28/magazine/pollution-philadelphia-black-americans.
html; Amy Vanderwarker, Water and Environmental Justice, in JULIET CHRISTIAN-SMITH ET AL.,
A TWENTY-FIRST CENTURY U.S. WATER POLICY ch. 3 (2013), available at https://pacinst.org/wp-
content/uploads/2013/02/water_and_environmental_justice_ch3.pdf.
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3 See, e.g., Christopher Flavelle, Billions for Climate Protection Fuel New Debate: Who Deserves
It Most, N.Y. TIMES (Dec. 3, 2021), https://www.nytimes.com/2021/12/03/climate/climate-change-
infrastructure-bill.html.
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under the National Environmental Policy Act (NEPA) when pro-
posing an action that can affect a defined environmental justice
community. NEPA requires federal agencies to consider the envi-
ronmental impacts of proposed federal actions, evaluate project al-
ternatives, and consider public input. H.R. 2021 also ensures great-
er Tribal representation throughout the NEPA process when a pro-
posed action could impact an Indian Tribe, including activities im-
pacting off-reservation lands and sacred sites. Additionally, section
14 of H.R. 2021 requires federal agencies proposing an action that
could harm a defined environmental justice community to assess
and disclose the potential harmful environmental impacts more
fully. Section 9 of H.R. 2021 requires an environmental justice
mapping and screening tool to be maintained and made publicly
available, such as the Environmental Protection Agency’s
EJScreen, to provide demographic and environmental information
for geographic areas of the United States.
STRENGTHENING ENVIRONMENTAL COMPLIANCE AND POLLUTION
STANDARDS IN ENVIRONMENTAL JUSTICE COMMUNITIES
Section 7 of H.R. 2021 requires the consideration of cumulative
environmental impacts in permitting decisions under the Clean Air
Act and the Clean Water Act and requires permitted projects to
demonstrate a reasonable certainty of no harm to human health
after consideration of cumulative impacts. Generally, federal clean
air and clean water standards attempt to regulate pollutant by pol-
lutant through individual standards, but in communities with nu-
merous polluting facilities concentrated in close proximity, there
are harmful cumulative health and environmental effects despite
no individual standard being violated. Cumulative impacts can be
defined as the impacts caused by multiple pollutants, usually emit-
ted by multiple sources of pollution in an area, in isolation and by
their interaction with each other.4
PROVIDING NEW ENFORCEMENT TOOLS TO COUNTER PROHIBITED
ENVIRONMENTAL DISCRIMINATION
Sections 4, 5, and 6 of H.R. 2021 enable individuals to legally
challenge discrimination—including environmental discrimina-
tion—prohibited under Title VI of the Civil Rights Act of 1964
(Title VI). Title VI prohibits discrimination on the basis of race,
color, or national origin by federal funding recipients, such as
states, localities, or private entities. Title VI requirements apply to
all programs and activities that receive federal funds, including
programs administered by the federal agencies under the jurisdic-
tion of the Natural Resources Committee.
The basis for Title VI is simple and was described by President
John F. Kennedy as follows:
Simple justice requires that public funds, to which all taxpayers
of all races contribute, not be spent in any fashion which encour-
ages, entrenches, subsidizes, or results in racial discrimination.5
4 Nicky Sheats, Environmental Justice, Cumulative Impacts and Ports, New Jersey Clean Air
Council Annual Hearing—Past, Present and Future: Air Quality Around Our Ports and Air-
ports, (July 30, 2020), https://www.nj.gov/dep/cleanair/PPP/2020/4-nicky-sheats.pdf.
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5 CIVIL RIGHTS AND JOB OPPORTUNITIES—MESSAGE FROM THE PRESIDENT OF THE UNITED
STATES, H.R. DOC. NO. 88–124 (1963), 88 Cong. Rec. 11,174, 11,178 (1963), https://www.govinfo
.gov/content/pkg/GPO-CRECB-1963-pt8/pdf/GPO-CRECB-1963-pt8-13-2.pdf; see also, e.g., Civil
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The 2001 Alexander v. Sandoval Supreme Court decision 6 elimi-
nated the prive right of individuals to legally challenge a major
form of discrimination under Title VI known as ‘‘disparate impact
discrimination,’’ such as actions that cause disproportionate envi-
ronmental harm to communities of color without substantial, legiti-
mate justification.7 While disparate impact discrimination remains
prohibited under the Civil Rights Act, individuals lack the right to
enforce this prohibition in federal court due to the Sandoval deci-
sion. H.R. 2021 amends Title VI of the Civil Rights Act to affirm
the prohibition against disparate impact discrimination and restore
its most effective enforcement tool. For environmental justice com-
munities, Title VI provides a basis to seek remedy when federal
funding is put toward discriminatory ends; for example, to contest
a permit for a polluting facility in an overburdened environmental
justice community, or to protest discriminatory treatment in the
disbursement of relief funding following a major climate disaster.8
Federal agencies are still required to enforce the prohibition
against disparate impact discrimination in all programs and activi-
ties that receive federal funds, but federal agencies lack oversight
systems to properly track Title VI compliance and underenforce-
ment is widespread.9
PROMOTING EQUITABLE ACCESS TO ENVIRONMENTAL AMENITIES
Sections 17, 18, and 20 of H.R. 2021 support various capacity-
building measures for environmental justice communities to im-
prove local environmental conditions. These measures include tech-
nical application assistance for federal grants; dedicated environ-
mental justice community grants to support research, education,
outreach, development, and implementation of projects to improve
environmental conditions in environmental justice communities;
and the creation of an online clearinghouse for environmental jus-
tice information, including training materials and a directory of ex-
perts and organizations with the capability to provide advice or
technical assistance to environmental justice communities.
Sections 11, 12, and 13 of H.R. 2021 also support more equitable
access to parks and recreational opportunities by prioritizing
projects and recreational opportunities that benefit underserved
communities, improving transportation availability to public lands
and recreational opportunities for critically underserved commu-
nities, and permanently authorizing the Every Kid Outdoors Act to
provide fourth graders free access to federal lands and waters, in-
cluding national parks.
Rights: Hearing Before Subcomm. No. 5 of the H. Comm. on the Judiciary, 88th Cong. 1531
(1963) (response of Anthony J. Celebrezze, Sec’y of Health, Educ. & Welfare) (quoting the same
in endorsing the enactment of Title VI).
6 532 U.S. 275.
7 Courts and federal agencies have articulated several different formulations to describe what
constitutes a justification that is legally sufficient to permit an adverse disparate impact under
Title VI based on a highly fact-specific assessment on a case-by-case basis. Permitted disparate
impacts also must demonstrate evidence that it is unfeasible to implement a less discriminatory
alternative.
8 Hannah Perls, EPA Undermines Its Own Environmental Justice Programs, HARV. ENV’T &
ENERGY L. PROGRAM (Nov. 12, 2020), https://eelp.law.harvard.edu/2020/11/epa-undermines-its-
own-environmental-justice-programs/.
9 See, for example, EPA, OFFICE OF INSPECTOR GENERAL, REPORT NO. 20–E–0333, IMPROVED
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EPA OVERSIGHT OF FUNDING RECIPIENTS’ TITLE VI PROGRAMS COULD PREVENT DISCRIMINATION,
(2020), https://www.epa.gov/sites/default/files/2020-09/documents/_epaoig_20200928-20-e-0333
.pdf.
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Sections 29 and 30 of H.R. 2021 raise coal, oil, and gas royalty
rates to create a dedicated funding source to support communities
and workers as they transition away from greenhouse gas-intensive
industries and establishes a Federal Energy Transition Economic
Development Assistance Fund to support environmental remedi-
ation of impacted lands and waters; guarantee pension, healthcare,
retirement, and wage security for impacted workers; expand
broadband access; and support a range of workforce services for im-
pacted workers and communities.
CENTERING ENVIRONMENTAL JUSTICE CONSIDERATIONS AT
EXECUTIVE BRANCH AGENCIES
Sections 8, 9, 10, 16, 19, and 21 of H.R. 2021 create a federal
Interagency Working Group on Environmental Justice, establish
the position of Environmental Justice Ombuds, provide environ-
mental justice training to federal agency staff, and codify Executive
Order 12898, which requires all federal agencies to make achieving
environmental justice part of their mission.10
Some members of the Committee’s minority have spoken against
H.R. 2021; virtually every argument presented against H.R. 2021
rests on the false presumption that affordable energy development
cannot be achieved without further burdening environmental jus-
tice communities with a disproportionate share of our nation’s pol-
lution, including air pollution from fossil fuel projects. Currently,
Black Americans are exposed to one-and-a-half times as much air
pollution brought on from burning fossil fuels than the population
at large.11 This has direct health impacts in the form of asthma,
heart disease, and premature death. H.R. 2021 works to correct
and address these and other unfair pollution burdens.
COMMITTEE ACTION
H.R. 2021 was introduced on March 18, 2021, by House Com-
mittee on Natural Resources Chair Raúl M. Grijalva (D–AZ). The
bill was referred to the Committee on Energy and Commerce, and
in addition to the Committees on Natural Resources, the Judiciary,
Transportation and Infrastructure, Agriculture, and Education and
Labor. Within the Natural Resources Committee, the bill was kept
at the full Committee level. On February 15, 2022, the Committee
held a hearing on the bill.
On July 27, 2022, the Natural Resources Committee met to con-
sider the bill. Chair Grijalva offered an amendment in the nature
of a substitute.
Rep. Garret Graves (R–LA) offered an amendment designated
Graves #1 to the amendment in the nature of a substitute. The
amendment was agreed to by voice vote.
Rep. Cliff Bentz (R–OR) offered an amendment designated Bentz
#3 to the amendment in the nature of a substitute. The amend-
ment was agreed to by voice vote.
10 Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations, Exec. Order No. 12898, 59 Fed. Reg. 7629 (Feb. 11, 1994), available at https://
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www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf.
11 Villarosa, Pollution Is Killing Black Americans. This Community Fought Back., supra note
1.
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Rep. Debbie Dingell (D–MI) offered an amendment designated
Dingell-Tlaib #226 to the amendment in the nature of a substitute.
The amendment was agreed to by voice vote.
Rep. Blake D. Moore (R–UT) offered an amendment designated
Moore #2 to the amendment in the nature of a substitute. The
amendment was agreed to by voice vote.
Rep. Jerry L. Carl (R–AL) offered an amendment designated Carl
#7 to the amendment in the nature of a substitute. A recorded vote
was requested.
Rep. Yvette Herrell (R–NM) offered an amendment designated
Herrell #8 to the amendment in the nature of a substitute. A re-
corded vote was requested.
Rep. Graves offered an amendment designated Graves #5 to the
amendment in the nature of a substitute. A recorded vote was re-
quested.
Rep. Moore offered an amendment designated Moore #10 to the
amendment in the nature of a substitute. A recorded vote was re-
quested.
Rep. Carl offered an amendment designated Carl #11 to the
amendment in the nature of a substitute. A recorded vote was re-
quested.
By unanimous consent, the Committee held a recorded vote on
the amendments designated Carl #7, Herrell #8, Graves #5, Moore
#10, and Carl #11 to the amendment in the nature of a substitute
en bloc. The en bloc amendments were not agreed to by a roll call
vote of 20 yeas and 25 nays, as follows:
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Rep. Graves offered an amendment designated Graves #2 to the
amendment in the nature of a substitute. A recorded vote was re-
quested.
Rep. Graves offered an amendment designated Graves #4 to the
amendment in the nature of the substitute. A recorded vote was re-
quested.
By unanimous consent, the Committee held a recorded vote on
the amendments designated Graves #2 and Graves #4 en bloc. The
en bloc amendments were not agreed to by a roll call vote of 21
yeas and 24 nays, as follows:
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Ranking Member Bruce Westerman (R–AR) offered an amend-
ment designated Westerman #4 to the amendment in the nature of
a substitute. The amendment was not agreed to by a roll call vote
of 20 yeas and 26 nays, as follows:
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Rep. Pete Stauber (R–MN) offered an amendment designated
Stauber #6 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 21 yeas and 25
nays, as follows:
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Rep. Jay Obernolte (R–CA) offered an amendment designated
Obernolte #12 to the amendment in the nature of a substitute. The
amendment was not agreed to by a roll call vote of 21 yeas and 25
nays, as follows:
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Rep. A. Donald McEachin (D–VA) offered an amendment des-
ignated McEachin #051 to the amendment in the nature of a sub-
stitute. The amendment was agreed to by a roll call vote of 24 yeas
and 22 nays, as follows:
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Rep. Carl offered an amendment designated Carl #15 to the
amendment in the nature of a substitute. The amendment was not
agreed to by a roll call vote of 21 yeas and 24 nays, as follows:
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Rep. Herrell offered an amendment designated Herrell #21 to the
amendment in the nature of a substitute. The amendment was not
agreed to by a roll call vote of 21 yeas and 25 nays, as follows:
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Ranking Member Westerman offered an amendment designated
Westerman #22 to the amendment in the nature of a substitute.
The amendment was not agreed to by a roll call vote of 20 yeas and
25 nays, as follows:
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Rep. Stauber offered an amendment designated Stauber #25 to
the amendment in the nature of a substitute. The amendment was
not agreed to by a roll call vote of 21 yeas and 25 nays, as follows:
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Rep. Thomas P. Tiffany (R–WI) offered an amendment des-
ignated Tiffany #18 to the amendment in the nature of a sub-
stitute. The amendment was not agreed to by a roll call vote of 20
yeas and 26 nays, as follows:
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Ranking Member Westerman offered an amendment designated
Westerman #20 to the amendment in the nature of a substitute.
The amendment was not agreed to by a roll call vote of 21 yeas and
26 nays, as follows:
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Rep. Stauber offered an amendment designated Stauber #16 to
the amendment in the nature of a substitute. The amendment was
not agreed to by a roll call vote of 21 yeas and 26 nays, as follows:
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Rep. Matthew M. Rosendale (R–MT) offered an amendment des-
ignated Rosendale #13 to the amendment in the nature of a sub-
stitute. The amendment was not agreed to by a roll call vote of 21
yeas and 26 nays, as follows:
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Rep. Obernolte offered an amendment designated Obernolte #17
to the amendment in the nature of a substitute. The amendment
was not agreed to by a roll call vote of 20 yeas and 25 nays, as fol-
lows:
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Rep. Graves offered an amendment designated Graves #6 to the
amendment in the nature of a substitute. The amendment was not
agreed to by a roll call vote of 22 yeas and 25 nays, as follows:
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The amendment in the nature of a substitute, as amended, was
agreed to by voice vote. The bill, as amended, was adopted and or-
dered favorably reported to the House of Representatives by a roll
call vote of 26 yeas and 21 nays, as follows:
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HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the fol-
lowing hearing was used to develop or consider this measure: hear-
ing by the House Committee on Natural Resources held on Feb-
ruary 15, 2022.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII
of the Rules of the House of Representatives, the Committee on
Natural Resources’ oversight findings and recommendations are re-
flected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND
CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act. With re-
spect to the requirements of clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives and section 308(a) of the Congres-
sional Budget Act of 1974 and with respect to requirements of
clause(3)(c)(3) and clause 3(d) of rule XIII of the Rules of the House
of Representatives and section 402 of the Congressional Budget Act
of 1974, the Committee has requested but not received a cost esti-
mate for this bill from the Director of Congressional Budget Office.
The Committee adopts as its own cost estimate the forthcoming
cost estimate of the Director of the Congressional Budget Office,
should such cost estimate be made available before House passage
of the bill. The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending au-
thority, credit authority, or an increase or decrease in revenues or
tax expenditures.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and objec-
tives of this bill are to restore, reaffirm, and reconcile environ-
mental justice and civil rights; address environmental health dis-
parities; and to promote a cleaner, more just environmental future
for everyone.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks, limited
tax benefits, or limited tariff benefits as defined under clause 9(e),
9(f), and 9(g) of rule XXI of the rules of the House of Representa-
tives.
UNFUNDED MANDATES REFORM ACT STATEMENT
An estimate of federal mandates prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the Un-
funded Mandates Reform Act was not made available to the Com-
mittee in time for the filing of this report. The Chair of the Com-
mittee shall cause such estimate to be printed in the Congressional
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Record upon its receipt by the Committee, if such estimate is not
publicly available on the Congressional Budget Office website.
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EXISTING PROGRAMS
This bill does not establish or reauthorize a program of the fed-
eral government known to be duplicative of another program.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or tribal law
is intended to be consistent with the bill’s purposes and text and
the Supremacy Clause of Article VI of the U.S. Constitution.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
and existing law in which no change is proposed is shown in
roman):
CIVIL RIGHTS ACT OF 1964
* * * * * * *
TITLE VI—NONDISCRIMINATION IN FEDERALLY ASSISTED
PROGRAMS
SEC. 601. øNo¿ (a) No person in the United States shall, on the
ground of race, color, or national origin, be excluded from participa-
tion in, be denied the benefits of, or be subjected to, discrimination
under any program or activity receiving Federal financial assist-
ance.
(b)(1)(A) Discrimination (including exclusion from participation
and denial of benefits) based on disparate impact is established
under this title if—
(i) an entity subject to this title (referred to in this subsection
as a ‘‘covered entity’’) has a program, policy, practice, or activity
that causes a disparate impact on the basis of race, color, or na-
tional origin and the covered entity fails to demonstrate that the
challenged program, policy, practice, or activity is related to
and necessary to achieve the nondiscriminatory goal of the pro-
gram, policy, practice, or activity alleged to have been operated
in a discriminatory manner; or
(ii) a less discriminatory alternative program, policy, practice,
or activity exists, and the covered entity refuses to adopt such
alternative program, policy, practice, or activity.
(B) With respect to demonstrating that a particular program, pol-
icy, practice, or activity does not cause a disparate impact, the cov-
ered entity shall demonstrate that each particular challenged pro-
gram, policy, practice, or activity does not cause a disparate impact,
except that if the covered entity demonstrates to the courts that the
elements of the covered entity’s decision-making process are not ca-
pable of separation for analysis, the decision-making process may be
analyzed as 1 program, policy, practice, or activity.
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(2) A demonstration that a program, policy, practice, or activity
is necessary to achieve the goals of a program, policy, practice, or
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77
activity may not be used as a defense against a claim of intentional
discrimination under this title.
(3) In this subsection—
(A) the term ‘‘demonstrates’’ means to meet the burdens of
going forward with the evidence and of persuasion; and
(B) the term ‘‘disparate impact’’ has the meaning given the
term in section 3 of the Environmental Justice For All Act.
(c) No person in the United States shall be subjected to discrimi-
nation, including retaliation or intimidation, because such person
opposed any program, policy, practice, or activity prohibited by this
title, or because such person made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding, or hear-
ing under this title.
SEC. 602. (a) Each Federal department and agency which is em-
powered to extend Federal financial assistance to any program or
activity, by way of grant, loan, or contract other than a contract of
insurance or guaranty, is authorized and directed to effectuate the
provisions of section 601 with respect to such program or activity
by issuing rules, regulations, or orders of general applicability
which shall be consistent with achievement of the objectives of the
statute authorizing the financial assistance in connection with
which the action is taken. No such rule, regulation, or order shall
become effective unless and until approved by the President. Com-
pliance with any requirement adopted pursuant to this section may
be effected (1) by the termination of or refusal to grant or to con-
tinue assistance under such program or activity to any recipient as
to whom there has been an express finding on the record, after op-
portunity for hearing, of a failure to comply with such requirement,
but such termination or refusal shall be limited to the particular
political entity, or part thereof, or other recipient as to whom such
a finding has been made and, shall be limited in its effect to the
particular program, or part thereof, in which such noncompliance
has been so found, or (2) by any other means authorized by law:
Provided, however, That no such action shall be taken until the de-
partment or agency concerned has advised the appropriate person
or persons of the failure to comply with the requirement and has
determined that compliance cannot be secured by voluntary means.
In the case of any action terminating, or refusing to grant or con-
tinue, assistance because of failure to comply with a requirement
imposed pursuant to this section, the head of the Federal depart-
ment or agency shall file with the committees of the House and
Senate having legislative jurisdiction over the program or activity
involved a full written report of the circumstances and the grounds
for such action. No such action shall become effective until thirty
days have elapsed after the filing of such report.
(b) Any person aggrieved by the failure to comply with this title,
including any regulation promulgated pursuant to this title, may
file suit in any district court of the United States having jurisdic-
tion of the parties, without respect to the amount in controversy and
without regard to the citizenship of the parties.
SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.
(a) CLAIMS BASED ON PROOF OF INTENTIONAL DISCRIMINATION.—
In an action brought by an aggrieved person under this title against
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an entity subject to this title (referred to in this section as a ‘‘covered
entity’’) who has engaged in unlawful intentional discrimination
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78
(not a practice that is unlawful because of its disparate impact) pro-
hibited under this title (including its implementing regulations), the
aggrieved person may recover equitable and legal relief (including
compensatory and punitive damages), attorney’s fees (including ex-
pert fees), and costs of the action, except that punitive damages are
not available against a government, government agency, or political
subdivision.
(b) CLAIMS BASED ON THE DISPARATE IMPACT STANDARD OF
PROOF.—In an action brought by an aggrieved person under this
title against a covered entity who has engaged in unlawful discrimi-
nation based on disparate impact prohibited under this title (in-
cluding implementing regulations), the aggrieved person may re-
cover attorney’s fees (including expert fees), and costs of the action.
(c) DEFINITIONS.—In this section:
(1) AGGRIEVED PERSON.—The term ‘‘aggrieved person’’ means
a person aggrieved by discrimination on the basis of race, color,
or national origin.
(2) DISPARATE IMPACT.—The term ‘‘disparate impact’’ has the
meaning given the term in section 3 of the Environmental Jus-
tice For All Act.
* * * * * * *
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE IV—PERMITS AND LICENSES
øNATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
øSEC. 402. (a)(1) Except as¿
SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
(a) PERMITS ISSUED BY ADMINISTRATOR.—
(1) IN GENERAL.—Except as provided in sections 318 and 404
of this Act, the Administrator may, after opportunity for public
hearing, issue a permit for the discharge of any pollutant, or
combination of pollutants, notwithstanding section 301(a),
øupon condition that such discharge will meet either (A) all¿
subject to the conditions that—
(A) the discharge will achieve compliance with, as appli-
cable—
(i) all applicable requirements under sections 301,
302, 306, 307, 308, and ø403 of this Act, or (B) prior¿
403; or
(ii) prior to the taking of necessary implementing ac-
tions relating to all such requirements, such condi-
tions as the Administrator determines are necessary
to carry out the provisions of øthis Act.¿ this Act; and
(B) with respect to the issuance or renewal of the per-
mit—
(i) based on an analysis by the Administrator of ex-
isting water quality and the potential cumulative im-
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pacts (as defined in section 501 of the Clean Air Act
(42 U.S.C. 7661)) of the discharge, considered in con-
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79
junction with the designated and actual uses of the im-
pacted navigable water, there exists a reasonable cer-
tainty of no harm to the health of the general popu-
lation, or to any potentially exposed or susceptible sub-
population; or
impacts(ii) if the Administrator determines that, due
to those potential cumulative, there does not exist a
reasonable certainty of no harm to the health of the
general population, or to any potentially exposed or
susceptible subpopulation, the permit or renewal in-
cludes such terms and conditions as the Administrator
determines to be necessary to ensure a reasonable cer-
tainty of no harm.
(2) The Administrator shall prescribe conditions for such permits
to øassure compliance with the requirements of paragraph (1) of
this subsection, including conditions on data and information col-
lection, reporting, and such other requirements as he deems appro-
priate.¿ ensure compliance with the requirements of paragraph (1),
including—
(A) conditions relating to—
(i) data and information collection;
(ii) reporting; and
(iii) such other requirements as the Administrator deter-
mines to be appropriate; and
(B) additional controls or pollution prevention requirements.
(3) The permit program of the Administrator under paragraph (1)
of this subsection, and permits issued thereunder, shall be subject
to the same terms, conditions, and requirements as apply to a
State permit program and permits issued thereunder under sub-
section (b) of this section.
(4) All permits for discharges into the navigable waters issued
pursuant to section 13 of the Act of March 3, 1899, shall be deemed
to be permits issued under this title, and permits issued under this
title shall be deemed to be permits issued under section 13 of the
Act of March 3, 1899, and shall continue in force and effect for
their term unless revoked, modified, or suspended in accordance
with the provisions of this Act.
(5) No permit for a discharge into the navigable waters shall be
issued under section 13 of the Act of March 3, 1899, after the date
of enactment of this title. Each application for a permit under sec-
tion 13 of the Act of March 3, 1899, pending on the date of enact-
ment of this Act shall be deemed to be an application for a permit
under this section. The Administrator shall authorize a State,
which he determines has the capability of administering a permit
program which will carry out the objective of this Act, to issue per-
mits for discharges into the navigable waters within the jurisdic-
tion of such State. The Administrator may exercise the authority
granted him by the preceding sentence only during the period
which begins on the date of enactment of this Act and ends either
on the ninetieth day after the date of the first promulgation of
guidelines required by section 304(i)(2) of this Act, or the date of
approval by the Administrator of a permit program for such State
under subsection (b) of this section, whichever date first occurs,
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and no such authorization to a State shall extend beyond the last
day of such period. Each such permit shall be subject to such condi-
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80
tions as the Administrator determines are necessary to carry out
the provisions of this Act. No such permit shall issue if the Admin-
istrator objects to such issuance.
(b) At any time after the promulgation of the guidelines required
by subsection (i)(2) of section 304 of this Act, the Governor of each
State desiring to administer its own permit program for discharges
into navigable waters within its jurisdiction may submit to the Ad-
ministrator a full and complete description of the program it pro-
poses to establish and administer under State law or under an
interstate compact. In addition, such State shall submit a state-
ment from the attorney general (or the attorney for those State
water pollution control agencies which have independent legal
counsel), or from the chief legal officer in the case of an interstate
agency, that the laws of such State, or the interstate compact, as
the case may be, provide adequate authority to carry out the de-
scribed program. The Administrator shall approve each such sub-
mitted program unless he determines that adequate authority does
not exist:
(1) To issue permits which—
(A) apply, and insure compliance with, any applicable re-
quirements of sections 301, 302, 306, 307, and 403;
(B) are for fixed terms not exceeding five years; and
(C) can be terminated or modified for cause including, but
not limited to, the following:
(i) violation of any condition of the permit;
(ii) obtaining a permit by misrepresentation, or failure to
disclose fully all relevant facts;
(iii) change in any condition that requires either a tem-
porary or permanent reduction or elimination of the per-
mitted discharge;
(D) control the disposal of pollutants into wellsø;¿.
(2)(A) To issue permits which apply, and insure compliance with,
all applicable requirements of section 308 of this Act, or
(B) To inspect, monitor, enter, and require reports to at least the
same extent as required in section 308 of this Actø;¿.
(3) To insure that the public, and any other State the waters of
which may be affected, receive notice of each application for a per-
mit and to provide an opportunity for public hearing before a ruling
on each such applicationø;¿.
(4) To insure that the Administrator receives notice of each appli-
cation (including a copy thereof) for a permitø;¿.
(5) To insure that any State (other than the permitting State),
whose waters may be affected by the issuance of a permit may sub-
mit written recommendations to the permitting State (and the Ad-
ministrator) with respect to any permit application and, if any part
of such written recommendations are not accepted by the permit-
ting State, that the permitting State will notify such affected State
(and the Administrator) in writing of its failure to so accept such
recommendations together with its reasons for so doingø;¿.
(6) To insure that no permit will be issued if, in the judgment
of the Secretary of the Army acting through the Chief of Engineers,
after consultation with the Secretary of the department in which
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the Coast Guard is operating, anchorage and navigation of any of
the navigable waters would be substantially impaired therebyø;¿.
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81
(7) To abate violations of the permit or the permit program, in-
cluding civil and criminal penalties and other ways and means of
enforcementø;¿.
(8) To insure that any permit for a discharge from a publicly
owned treatment works includes conditions to require the identi-
fication in terms of character and volume of pollutants of any sig-
nificant source introducing pollutants subject to pretreatment
standards under section 307(b) of this Act into such works and a
program to assure compliance with such pretreatment standards by
each such source, in addition to adequate notice to the permitting
agency of (A) new introductions into such works of pollutants from
any source which would be a new source as defined in section 306
if such source were discharging pollutants, (B) new introductions of
pollutants into such works from a source which would be subject
to section 301 if it were discharging such pollutants, or (C) a sub-
stantial change in volume or character of pollutants being intro-
duced into such works by a source introducing pollutants into such
works at the time of issuance of the permit. Such notice shall in-
clude information on the quality and quantity of effluent to be in-
troduced into such treatment works and any anticipated impact of
such change in the quantity or quality of effluent to be discharged
from such publicly owned treatment worksø; and¿.
(9) To insure that any industrial user of any publicly owned
treatment works will comply with sections 204(b), 307, and 308.
(10) To ensure that no permit will be issued or renewed if, with
respect to an application for the permit, the State determines, based
on an analysis by the State of existing water quality and the poten-
tial cumulative impacts (as defined in section 501 of the Clean Air
Act (42 U.S.C. 7661)) of the discharge, considered in conjunction
with the designated and actual uses of the impacted navigable
water, that the terms and conditions of the permit or renewal would
not be sufficient to ensure a reasonable certainty of no harm to the
health of the general population, or to any potentially exposed or
susceptible subpopulation.
(c)(1) Not later than ninety days after the date on which a State
has submitted a program (or revision thereof) pursuant to sub-
section (b) of this section, the Administrator shall suspend the
issuance of permits under subsection (a) of this section as to those
discharges subject to such program unless he determines that the
State permit program does not meet the requirements of subsection
(b) of this section or does not conform to the guidelines issued
under section 304(i)(2) of this Act. If the Administrator so deter-
mines, he shall notify the State of any revisions or modifications
necessary to conform to such requirements or guidelines.
(2) Any State permit program under this section shall at all
times be in accordance with this section and guidelines promul-
gated pursuant to section 304(i)(2) of this Act.
(3) Whenever the Administrator determines after public hearing
that a State is not administering a program approved under this
section in accordance with requirements of this section, he shall so
notify the State and, if appropriate corrective action is not taken
within a reasonable time, not to exceed ninety days, the Adminis-
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trator shall withdraw approval of such program. The Administrator
shall not withdraw approval of any such program unless he shall
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82
first have notified the State, and made public, in writing, the rea-
sons for such withdrawal.
(4) LIMITATIONS ON PARTIAL PERMIT PROGRAM RETURNS AND
WITHDRAWALS.—A State may return to the Administrator ad-
ministration, and the Administrator may withdraw under
paragraph (3) of this subsection approval, of—
(A) a State partial permit program approved under sub-
section (n)(3) only if the entire permit program being ad-
ministered by the State department or agency at the time
is returned or withdrawn; and
(B) a State partial permit program approved under sub-
section (n)(4) only if an entire phased component of the
permit program being administered by the State at the
time is returned or withdrawn.
(d)(1) Each State shall transmit to the Administrator a copy of
each permit application received by such State and provide notice
to the Administrator of every action related to the consideration of
such permit application, including each permit proposed to be
issued by such State.
(2) No permit shall issue (A) if the Administrator within ninety
days of the date of his notification under subsection (b)(5) of this
section objects in writing to the issuance of such permit, or (B) if
the Administrator within ninety days of the date of transmittal of
the proposed permit by the State objects in writing to the issuance
of such permit as being outside the guidelines and requirements of
this Act. Whenever the Administrator objects to the issuance of a
permit under this paragraph such written objection shall contain a
statement of the reasons for such objection and the effluent limita-
tions and conditions which such permit would include if it were
issued by the Administrator.
(3) The Administrator may, as to any permit application, waive
paragraph (2) of this subsection.
(4) In any case where, after the date of enactment of this para-
graph, the Administrator, pursuant to paragraph (2) of this sub-
section, objects to the issuance of a permit, on request of the State,
a public hearing shall be held by the Administrator on such objec-
tion. If the State does not resubmit such permit revised to meet
such objection within 30 days after completion of the hearing, or,
if no hearing is requested within 90 days after the date of such ob-
jection, the Administrator may issue the permit pursuant to sub-
section (a) of this section for such source in accordance with the
guidelines and requirements of this Act.
(e) In accordance with guidelines promulgated pursuant to sub-
section (i)(2) of section 304 of this Act, the Administrator is author-
ized to waive the requirements of subsection (d) of this section at
the time he approves a program pursuant to subsection (b) of this
section for any category (including any class, type, or size within
such category) of point sources within the State submitting such
program.
(f) The Administrator shall promulgate regulations establishing
categories of point sources which he determines shall not be subject
to the requirements of subsection (d) of this section in any State
with a program approved pursuant to subsection (b) of this section.
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The Administrator may distinguish among classes, types, and sizes
within any category of point sources.
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(g) Any permit issued under this section for the discharge of pol-
lutants into the navigable waters from a vessel or other floating
craft shall be subject to any applicable regulations promulgated by
the Secretary of the Department in which the Coast Guard is oper-
ating, establishing specifications for safe transportation, handling,
carriage, storage, and stowage of pollutants.
(h) In the event any condition of a permit for discharges from a
treatment works (as defined in section 212 of this Act) which is
publicly owned is violated, a State with a program approved under
subsection (b) of this section or the Administrator, where no State
program is approved or where the Administrator determines pursu-
ant to section 309(a) of this Act that a State with an approved pro-
gram has not commenced appropriate enforcement action with re-
spect to such permit, may proceed in a court of competent jurisdic-
tion to restrict or prohibit the introduction of any pollutant into
such treatment works by a source not utilizing such treatment
works prior to the finding that such condition was violated.
(i) Nothing in this section shall be construed to limit the author-
ity of the Administrator to take action pursuant to section 309 of
this Act.
(j) A copy of each permit application and each permit issued
under this section shall be available to the public. Such permit ap-
plication or permit, or portion thereof, shall further be available on
request for the purpose of reproduction.
(k) Compliance with a permit issued pursuant to this section
shall be deemed compliance, for purposes of sections 309 and 505,
with sections 301, 302, 306, 307, and 403, except any standard im-
posed under section 307 for a toxic pollutant injurious to human
health. Until December 31, 1974, in any case where a permit for
discharge has been applied for pursuant to this section, but final
administrative disposition of such application has not been made,
such discharge shall not be a violation of (1) section 301, 306, or
402 of this Act, or (2) section 13 of the Act of March 3, 1899, unless
the Administrator or other plaintiff proves that final administra-
tive disposition of such application has not been made because of
the failure of the applicant to furnish information reasonably re-
quired or requested in order to process the application. For the
180-day period beginning on the date of enactment of the Federal
Water Pollution Control Act Amendments of 1972, in the case of
any point source discharging any pollutant or combination of pol-
lutants immediately prior to such date of enactment which source
is not subject to section 13 of the Act of March 3, 1899, the dis-
charge by such source shall not be a violation of this Act if such
a source applies for a permit for discharge pursuant to this section
within such 180-day period.
(l) LIMITATION ON PERMIT REQUIREMENT.—
(1) AGRICULTURAL RETURN FLOWS.—The Administrator shall
not require a permit under this section for discharges com-
posed entirely of return flows from irrigated agriculture, nor
shall the Administrator directly or indirectly, require any State
to require such a permit.
(2) STORMWATER RUNOFF FROM OIL, GAS, AND MINING OPER-
ATIONS.—The Administrator shall not require a permit under
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this section, nor shall the Administrator directly or indirectly
require any State to require a permit, for discharges of
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stormwater runoff from mining operations or oil and gas explo-
ration, production, processing, or treatment operations or
transmission facilities, composed entirely of flows which are
from conveyances or systems of conveyances (including but not
limited to pipes, conduits, ditches, and channels) used for col-
lecting and conveying precipitation runoff and which are not
contaminated by contact with, or do not come into contact with,
any overburden, raw material, intermediate products, finished
product, byproduct, or waste products located on the site of
such operations.
(3) SILVICULTURAL ACTIVITIES.—
(A) NPDES PERMIT REQUIREMENTS FOR SILVICULTURAL
ACTIVITIES.—The Administrator shall not require a permit
under this section nor directly or indirectly require any
State to require a permit under this section for a discharge
from runoff resulting from the conduct of the following
silviculture activities conducted in accordance with stand-
ard industry practice: nursery operations, site preparation,
reforestation and subsequent cultural treatment, thinning,
prescribed burning, pest and fire control, harvesting oper-
ations, surface drainage, or road construction and mainte-
nance.
(B) OTHER REQUIREMENTS.—Nothing in this paragraph
exempts a discharge from silvicultural activity from any
permitting requirement under section 404, existing permit-
ting requirements under section 402, or from any other
federal law.
(C) The authorization provided in Section 505(a) does
not apply to any non-permitting program established
under 402(p)(6) for the silviculture activities listed in
402(l)(3)(A), or to any other limitations that might be
deemed to apply to the silviculture activities listed in
402(l)(3)(A).
(m) ADDITIONAL PRETREATMENT OF CONVENTIONAL POLLUTANTS
NOT REQUIRED.—To the extent a treatment works (as defined in
section 212 of this Act) which is publicly owned is not meeting the
requirements of a permit issued under this section for such treat-
ment works as a result of inadequate design or operation of such
treatment works, the Administrator, in issuing a permit under this
section, shall not require pretreatment by a person introducing con-
ventional pollutants identified pursuant to a section 304(a)(4) of
this Act into such treatment works other than pretreatment re-
quired to assure compliance with pretreatment standards under
subsection (b)(8) of this section and section 307(b)(1) of this Act.
Nothing in this subsection shall affect the Administrator’s author-
ity under sections 307 and 309 of this Act, affect State and local
authority under sections 307(b)(4) and 510 of this Act, relieve such
treatment works of its obligations to meet requirements established
under this Act, or otherwise preclude such works from pursuing
whatever feasible options are available to meet its responsibility to
comply with its permit under this section.
(n) PARTIAL PERMIT PROGRAM.—
(1) STATE SUBMISSION.—The Governor of a State may submit
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under subsection (b) of this section a permit program for a por-
tion of the discharges into the navigable waters in such State.
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85
(2) MINIMUM COVERAGE.—A partial permit program under
this subsection shall cover, at a minimum, administration of a
major category of the discharges into the navigable waters of
the State or a major component of the permit program required
by subsection (b).
(3) APPROVAL OF MAJOR CATEGORY PARTIAL PERMIT PRO-
GRAMS.—The Administrator may approve a partial permit pro-
gram covering administration of a major category of discharges
under this subsection if—
(A) such program represents a complete permit program
and covers all of the discharges under the jurisdiction of
a department or agency of the State; and
(B) the Administrator determines that the partial pro-
gram represents a significant and identifiable part of the
State program required by subsection (b).
(4) APPROVAL OF MAJOR COMPONENT PARTIAL PERMIT PRO-
GRAMS.—The Administrator may approve under this subsection
a partial and phased permit program covering administration
of a major component (including discharge categories) of a
State permit program required by subsection (b) if—
(A) the Administrator determines that the partial pro-
gram represents a significant and identifiable part of the
State program required by subsection (b); and
(B) the State submits, and the Administrator approves,
a plan for the State to assume administration by phases
of the remainder of the State program required by sub-
section (b) by a specified date not more than 5 years after
submission of the partial program under this subsection
and agrees to make all reasonable efforts to assume such
administration by such date.
(o) ANTI-BACKSLIDING.—
(1) GENERAL PROHIBITION.—In the case of effluent limita-
tions established on the basis of subsection (a)(1)(B) of this sec-
tion, a permit may not be renewed, reissued, or modified on
the basis of effluent guidelines promulgated under section
304(b) subsequent to the original issuance of such permit, to
contain effluent limitations which are less stringent than the
comparable effluent limitations in the previous permit. In the
case of effluent limitations established on the basis of section
301(b)(1)(C) or section 303(d) or (e), a permit may not be re-
newed, reissued, or modified to contain effluent limitations
which are less stringent than the comparable effluent limita-
tions in the previous permit except in compliance with section
303(d)(4).
(2) EXCEPTIONS.—A permit with respect to which paragraph
(1) applies may be renewed, reissued, or modified to contain a
less stringent effluent limitation applicable to a pollutant if—
(A) material and substantial alterations or additions to
the permitted facility occurred after permit issuance which
justify the application of a less stringent effluent limita-
tion;
(B)(i) information is available which was not available at
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the time of permit issuance (other than revised regula-
tions, guidance, or test methods) and which would have
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86
justified the application of a less stringent effluent limita-
tion at the time of permit issuance; or
(ii) the Administrator determines that technical mis-
takes or mistaken interpretations of law were made in
issuing the permit under subsection (a)(1)(B);
(C) a less stringent effluent limitation is necessary be-
cause of events over which the permittee has no control
and for which there is no reasonably available remedy;
(D) the permittee has received a permit modification
under section 301(c), 301(g), 301(h), 301(i), 301(k), 301(n),
or 316(a); or
(E) the permittee has installed the treatment facilities
required to meet the effluent limitations in the previous
permit and has properly operated and maintained the fa-
cilities but has nevertheless been unable to achieve the
previous effluent limitations, in which case the limitations
in the reviewed, reissued, or modified permit may reflect
the level of pollutant control actually achieved (but shall
not be less stringent than required by effluent guidelines
in effect at the time of permit renewal, reissuance, or
modification).
Subparagraph (B) shall not apply to any revised waste load al-
locations or any alternative grounds for translating water qual-
ity standards into effluent limitations, except where the cumu-
lative effect of such revised allocations results in a decrease in
the amount of pollutants discharged into the concerned waters,
and such revised allocations are not the result of a discharger
eliminating or substantially reducing its discharge of pollut-
ants due to complying with the requirements of this Act or for
reasons otherwise unrelated to water quality.
(3) LIMITATIONS.—In no event may a permit with respect to
which paragraph (1) applies be renewed, reissued, or modified
to contain an effluent limitation which is less stringent than
required by effluent guidelines in effect at the time the permit
is renewed, reissued, or modified. In no event may such a per-
mit to discharge into waters be renewed, reissued, or modified
to contain a less stringent effluent limitation if the implemen-
tation of such limitation would result in a violation of a water
quality standard under section 303 applicable to such waters.
(p) MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.—
(1) GENERAL RULE.—Prior to October 1, 1994, the Adminis-
trator or the State (in the case of a permit program approved
under section 402 of this Act) shall not require a permit under
this section for discharges composed entirely of stormwater.
(2) EXCEPTIONS.—Paragraph (1) shall not apply with respect
to the following stormwater discharges:
(A) A discharge with respect to which a permit has been
issued under this section before the date of the enactment
of this subsection.
(B) A discharge associated with industrial activity.
(C) A discharge from a municipal separate storm sewer
system serving a population of 250,000 or more.
(D) A discharge from a municipal separate storm sewer
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system serving a population of 100,000 or more but less
than 250,000.
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87
(E) A discharge for which the Administrator or the
State, as the case may be, determines that the stormwater
discharge contributes to a violation of a water quality
standard or is a significant contributor of pollutants to
waters of the United States.
(3) PERMIT REQUIREMENTS.—
(A) INDUSTRIAL DISCHARGES.—Permits for discharges as-
sociated with industrial activity shall meet all applicable
provisions of this section and section 301.
(B) MUNICIPAL DISCHARGE.—Permits for discharges from
municipal storm sewers—
(i) may be issued on a system- or jurisdiction-wide
basis;
(ii) shall include a requirement to effectively pro-
hibit non-stormwater discharges into the storm sew-
ers; and
(iii) shall require controls to reduce the discharge of
pollutants to the maximum extent practicable, includ-
ing management practices, control techniques and sys-
tem, design and engineering methods, and such other
provisions as the Administrator or the State deter-
mines appropriate for the control of such pollutants.
(4) PERMIT APPLICATION REQUIREMENTS.—
(A) INDUSTRIAL AND LARGE MUNICIPAL DISCHARGES.—Not
later than 2 years after the date of the enactment of this
subsection, the Administrator shall establish regulations
setting forth the permit application requirements for
stormwater discharges described in paragraphs (2)(B) and
(2)(C). Applications for permits for such discharges shall be
filed no later than 3 years after such date of enactment.
Not later than 4 years after such date of enactment the
Administrator or the State, as the case may be, shall issue
or deny each such permit. Any such permit shall provide
for compliance as expeditiously as practicable, but in no
event later than 3 years after the date of issuance of such
permit.
(B) OTHER MUNICIPAL DISCHARGES.—Not later than 4
years after the date of the enactment of this subsection,
the Administrator shall establish regulations setting forth
the permit application requirements for stormwater dis-
charges described in paragraph (2)(D). Applications for
permits for such discharges shall be filed no later than 5
years after such date of enactment. Not later than 6 years
after such date of enactment, the Administrator or the
State, as the case may be, shall issue or deny each such
permit. Any such permit shall provide for compliance as
expeditiously as practicable, but in no event later than 3
years after the date of issuance of such permit.
(5) STUDIES.—The Administrator, in consultation with the
States, shall conduct a study for the purposes of—
(A) identifying those stormwater discharges or classes of
stormwater discharges for which permits are not required
pursuant to paragraphs (1) and (2) of this subsection;
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(B) determining, to the maximum extent practicable, the
nature and extent of pollutants in such discharges; and
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88
(C) establishing procedures and methods to control
stormwater discharges to the extent necessary to mitigate
impacts on water quality.
Not later than October 1, 1988, the Administrator shall submit
to Congress a report on the results of the study described in
subparagraphs (A) and (B). Not later than October 1, 1989, the
Administrator shall submit to Congress a report on the results
of the study described in subparagraph (C).
(6) REGULATIONS.—Not later than October 1, 1993, the Ad-
ministrator, in consultation with State and local officials, shall
issue regulations (based on the results of the studies conducted
under paragraph (5)) which designate stormwater discharges,
other than those discharges described in paragraph (2), to be
regulated to protect water quality and shall establish a com-
prehensive program to regulate such designated sources. The
program shall, at a minimum, (A) establish priorities, (B) es-
tablish requirements for State stormwater management pro-
grams, and (C) establish expeditious deadlines. The program
may include performance standards, guidelines, guidance, and
management practices and treatment requirements, as appro-
priate.
(q) COMBINED SEWER OVERFLOWS.—
(1) REQUIREMENT FOR PERMITS, ORDERS, AND DECREES.—
Each permit, order, or decree issued pursuant to this Act after
the date of enactment of this subsection for a discharge from
a municipal combined storm and sanitary sewer shall conform
to the Combined Sewer Overflow Control Policy signed by the
Administrator on April 11, 1994 (in this subsection referred to
as the ‘‘CSO control policy’’).
(2) WATER QUALITY AND DESIGNATED USE REVIEW GUID-
ANCE.—Not later than July 31, 2001, and after providing notice
and opportunity for public comment, the Administrator shall
issue guidance to facilitate the conduct of water quality and
designated use reviews for municipal combined sewer overflow
receiving waters.
(3) REPORT.—Not later than September 1, 2001, the Admin-
istrator shall transmit to Congress a report on the progress
made by the Environmental Protection Agency, States, and
municipalities in implementing and enforcing the CSO control
policy.
(r) DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF REC-
REATIONAL VESSELS.—No permit shall be required under this Act
by the Administrator (or a State, in the case of a permit program
approved under subsection (b)) for the discharge of any graywater,
bilge water, cooling water, weather deck runoff, oil water separator
effluent, or effluent from properly functioning marine engines, or
any other discharge that is incidental to the normal operation of
a vessel, if the discharge is from a recreational vessel.
(s) INTEGRATED PLANS.—
(1) DEFINITION OF INTEGRATED PLAN.—In this subsection, the
term ‘‘integrated plan’’ means a plan developed in accordance
with the Integrated Municipal Stormwater and Wastewater
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Planning Approach Framework, issued by the Environmental
Protection Agency and dated June 5, 2012.
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89
(2) IN GENERAL.—The Administrator (or a State, in the case
of a permit program approved by the Administrator) shall in-
form municipalities of the opportunity to develop an integrated
plan that may be incorporated into a permit under this section.
(3) SCOPE.—
(A) SCOPE OF PERMIT INCORPORATING INTEGRATED
PLAN.—A permit issued under this section that incor-
porates an integrated plan may integrate all requirements
under this Act addressed in the integrated plan, including
requirements relating to—
(i) a combined sewer overflow;
(ii) a capacity, management, operation, and mainte-
nance program for sanitary sewer collection systems;
(iii) a municipal stormwater discharge;
(iv) a municipal wastewater discharge; and
(v) a water quality-based effluent limitation to im-
plement an applicable wasteload allocation in a total
maximum daily load.
(B) INCLUSIONS IN INTEGRATED PLAN.—An integrated
plan incorporated into a permit issued under this section
may include the implementation of—
(i) projects, including innovative projects, to reclaim,
recycle, or reuse water; and
(ii) green infrastructure.
(4) COMPLIANCE SCHEDULES.—
(A) IN GENERAL.—A permit issued under this section
that incorporates an integrated plan may include a sched-
ule of compliance, under which actions taken to meet any
applicable water quality-based effluent limitation may be
implemented over more than 1 permit term if the schedule
of compliance—
(i) is authorized by State water quality standards;
and
(ii) meets the requirements of section 122.47 of title
40, Code of Federal Regulations (as in effect on the
date of enactment of this subsection).
(B) TIME FOR COMPLIANCE.—For purposes of subpara-
graph (A)(ii), the requirement of section 122.47 of title 40,
Code of Federal Regulations, for compliance by an applica-
ble statutory deadline under this Act does not prohibit im-
plementation of an applicable water quality-based effluent
limitation over more than 1 permit term.
(C) REVIEW.—A schedule of compliance incorporated into
a permit issued under this section may be reviewed at the
time the permit is renewed to determine whether the
schedule should be modified.
(5) EXISTING AUTHORITIES RETAINED.—
(A) APPLICABLE STANDARDS.—Nothing in this subsection
modifies any obligation to comply with applicable tech-
nology and water quality-based effluent limitations under
this Act.
(B) FLEXIBILITY.—Nothing in this subsection reduces or
eliminates any flexibility available under this Act, includ-
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ing the authority of a State to revise a water quality
standard after a use attainability analysis under section
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90
131.10(g) of title 40, Code of Federal Regulations (or a suc-
cessor regulation), subject to the approval of the Adminis-
trator under section 303(c).
(6) CLARIFICATION OF STATE AUTHORITY.—
(A) IN GENERAL.—Nothing in section 301(b)(1)(C) pre-
cludes a State from authorizing in the water quality stand-
ards of the State the issuance of a schedule of compliance
to meet water quality-based effluent limitations in permits
that incorporate provisions of an integrated plan.
(B) TRANSITION RULE.—In any case in which a discharge
is subject to a judicial order or consent decree, as of the
date of enactment of this subsection, resolving an enforce-
ment action under this Act, any schedule of compliance
issued pursuant to an authorization in a State water qual-
ity standard may not revise a schedule of compliance in
that order or decree to be less stringent, unless the order
or decree is modified by agreement of the parties and the
court.
* * * * * * *
CLEAN AIR ACT
* * * * * * *
TITLE V—PERMITS
SEC. 501. DEFINITIONS.
øAs used in this title—¿ In this title:
(1) AFFECTED SOURCE.—The term ‘‘affected source’’ shall
have the meaning given such term in title IV.
(2) CUMULATIVE IMPACTS.—The term ‘‘cumulative impacts’’
means any exposure to a public health or environmental risk,
or other effect occurring in a specific geographical area, includ-
ing from an emission, discharge, or release—
(A) including—
(i) environmental pollution released—
(I)(aa) routinely;
(bb) accidentally; or
(cc) otherwise; and
(II) from any source, whether single or multiple;
and
(ii) as assessed based on the combined past, present,
and reasonably foreseeable emissions and discharges
affecting the geographical area; and
(B) evaluated taking into account sensitive populations
and other factors that may heighten vulnerability to envi-
ronmental pollution and associated health risks, including
socioeconomic characteristics.
ø(2)¿ (3) MAJOR SOURCE.—The term ‘‘major source’’ means
any stationary source (or any group of stationary sources lo-
cated within a contiguous area and under common control)
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that is either of the following:
(A) A major source as defined in section 112.
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(B) A major stationary source as defined in section 302
or part D of title I.
(4) PERMITTING AUTHORITY.—The term ‘‘permitting author-
ity’’ means the Administrator or the air pollution control agen-
cy authorized by the Administrator to carry out a permit pro-
gram under this title.
ø(3)¿ (5) SCHEDULE OF COMPLIANCE.—The term ‘‘schedule of
compliance’’ means a schedule of remedial measures, including
an enforceable sequence of actions or operations, leading to
compliance with an applicable implementation plan, emission
standard, emission limitation, or emission prohibition.
SEC. 502. PERMIT PROGRAMS.
(a) VIOLATIONS.—After the effective date of any permit program
approved or promulgated under this title, it shall be unlawful for
any person to violate any requirement of a permit issued under
this title, or to operate an affected source (as provided in title IV),
a major source, any other source (including an area source) subject
to standards or regulations under section 111 or 112, any other
source required to have a permit under parts C or D of title I, or
any other stationary source in a category designated (in whole or
in part) by regulations promulgated by the Administrator (after no-
tice and public comment) which shall include a finding setting forth
the basis for such designation, except in compliance with a permit
issued by a permitting authority under this title. (Nothing in this
subsection shall be construed to alter the applicable requirements
of this Act that a permit be obtained before construction or modi-
fication.) The Administrator may, in the Administrator’s discretion
and consistent with the applicable provisions of this Act, promul-
gate regulations to exempt one or more source categories (in whole
or in part) from the requirements of this subsection if the Adminis-
trator finds that compliance with such requirements is impracti-
cable, infeasible, or unnecessarily burdensome on such categories,
except that the Administrator may not exempt any major source
from such requirements.
(b) REGULATIONS.—The Administrator shall promulgate within
12 months after the date of the enactment of the Clean Air Act
Amendments of 1990 regulations establishing the minimum ele-
ments of a permit program to be administered by any air pollution
control agency. These elements shall include each of the following:
(1) Requirements for permit applications, including a stand-
ard application form and criteria for determining in a timely
fashion the completeness of applications.
(2) Monitoring and reporting requirements.
(3)(A) A requirement under State or local law or interstate
compact that the owner or operator of all sources subject to the
requirement to obtain a permit under this title pay an annual
fee, or the equivalent over some other period, sufficient to
cover all reasonable (direct and indirect) costs required to de-
velop and administer the permit program requirements of this
title, including section 507, including the reasonable costs of—
(i) reviewing and acting upon any application for such a
permit,
(ii) if the owner or operator receives a permit for such
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source, whether before or after the date of the enactment
of the Clean Air Act Amendments of 1990, implementing
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92
and enforcing the terms and conditions of any such permit
(not including any court costs or other costs associated
with any enforcement action),
(iii) emissions and ambient monitoring,
(iv) preparing generally applicable regulations, or guid-
ance,
(v) modeling, analyses, and demonstrations, and
(vi) preparing inventories and tracking emissions.
(B) The total amount of fees collected by the permitting au-
thority shall conform to the following requirements:
(i) The Administrator shall not approve a program as
meeting the requirements of this paragraph unless the
State demonstrates that, except as otherwise provided in
subparagraphs (ii) through (v) of this subparagraph, the
program will result in the collection, in the aggregate,
from all sources subject to subparagraph (A), of an amount
not less than $25 per ton of each regulated pollutant, or
such other amount as the Administrator may determine
adequately reflects the reasonable costs of the permit pro-
gram.
(ii) As used in this subparagraph, the term ‘‘regulated
pollutant’’ shall mean (I) a volatile organic compound; (II)
each pollutant regulated under section 111 or 112; and
(III) each pollutant for which a national primary ambient
air quality standard has been promulgated (except that
carbon monoxide shall be excluded from this reference).
(iii) In determining the amount under clause (i), the per-
mitting authority is not required to include any amount of
regulated pollutant emitted by any source in excess of
4,000 tons per year of that regulated pollutant.
(iv) The requirements of clause (i) shall not apply if the
permitting authority demonstrates that collecting an
amount less than the amount specified under clause (i)
will meet the requirements of subparagraph (A).
(v) The fee calculated under clause (i) shall be increased
(consistent with the need to cover the reasonable costs au-
thorized by subparagraph (A)) in each year beginning after
the year of the enactment of the Clean Air Act Amend-
ments of 1990 by the percentage, if any, by which the Con-
sumer Price Index for the most recent calendar year end-
ing before the beginning of such year exceeds the Con-
sumer Price Index for the calendar year 1989. For pur-
poses of this clause—
(I) the Consumer Price Index for any calendar year
is the average of the Consumer Price Index for all-
urban consumers published by the Department of
Labor, as of the close of the 12-month period ending
on August 31 of each calendar year, and
(II) the revision of the Consumer Price Index which
is most consistent with the Consumer Price Index for
calendar year 1989 shall be used.
(C)(i) If the Administrator determines, under subsection (d),
that the fee provisions of the operating permit program do not
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meet the requirements of this paragraph, or if the Adminis-
trator makes a determination, under subsection (i), that the
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93
permitting authority is not adequately administering or enforc-
ing an approved fee program, the Administrator may, in addi-
tion to taking any other action authorized under this title, col-
lect reasonable fees from the sources identified under subpara-
graph (A). Such fees shall be designed solely to cover the Ad-
ministrator’s costs of administering the provisions of the per-
mit program promulgated by the Administrator.
(ii) Any source that fails to pay fees lawfully imposed by the
Administrator under this subparagraph shall pay a penalty of
50 percent of the fee amount, plus interest on the fee amount
computed in accordance with section 6621(a)(2) of the Internal
Revenue Code of 1986 (relating to computation of interest on
underpayment of Federal taxes).
(iii) Any fees, penalties, and interest collected under this
subparagraph shall be deposited in a special fund in the
United States Treasury for licensing and other services, which
thereafter shall be available for appropriation, to remain avail-
able until expended, subject to appropriation, to carry out the
Agency’s activities for which the fees were collected. Any fee
required to be collected by a State, local, or interstate agency
under this subsection shall be utilized solely to cover all rea-
sonable (direct and indirect) costs required to support the per-
mit program as set forth in subparagraph (A).
(4) Requirements for adequate personnel and funding to ad-
minister the program.
(5) A requirement that the permitting authority have ade-
quate authority to:
(A) issue permits and øassure¿ ensure compliance by all
sources required to have a permit under this title with
each applicable standard, regulation or requirement under
this Act;
(B) issue permits for a fixed term, not to exceed 5 years;
(C) øassure¿ ensure that upon issuance or renewal per-
mits incorporate emission limitations and other require-
ments in an applicable implementation plan;
(D) terminate, modify, or revoke and reissue permits for
cause;
(E) enforce permits, permit fee requirements, and the re-
quirement to obtain a permit, including authority to re-
cover civil penalties in a maximum amount of not less
than $10,000 per day for each violation, and provide appro-
priate criminal penalties; and
ø(F) assure that no permit will be issued if the Adminis-
trator objects to its issuance in a timely manner under this
title.¿
(F) ensure that no permit will be issued or renewed, as
applicable, if—
(i) with respect to an application for a permit or re-
newal of a permit for a major source, the permitting
authority determines under paragraph (9)(A)(i)(II)(bb)
that the terms and conditions of the permit or renewal
would not be sufficient to ensure a reasonable certainty
of no harm to the health of the general population, or
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to any potentially exposed or susceptible subpopulation,
of the applicable census block groups or Tribal census
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94
block groups (as those terms are defined by the Director
of the Bureau of the Census); or
(ii) the Administrator objects to the issuance of the
permit in a timely manner under this title.
(6) Adequate, streamlined, and reasonable procedures for ex-
peditiously determining when applications are complete, for
processing such applications, for public notice, including offer-
ing an opportunity for public comment and a hearing, and for
expeditious review of permit actions, including applications, re-
newals, or revisions, and including an opportunity for judicial
review in State court of the final permit action by the appli-
cant, any person who participated in the public comment proc-
ess, and any other person who could obtain judicial review of
that action under applicable law.
(7) To ensure against unreasonable delay by the permitting
authority, adequate authority and procedures to provide that a
failure of such permitting authority to act on a permit applica-
tion or permit renewal application (in accordance with the time
periods specified in section 503 or, as appropriate, title IV)
shall be treated as a final permit action solely for purposes of
obtaining judicial review in State court of an action brought by
any person referred to in paragraph (6) to require that action
be taken by the permitting authority on such application with-
out additional delay.
(8) Authority, and reasonable procedures consistent with the
need for expeditious action by the permitting authority on per-
mit applications and related matters, to make available to the
public any permit application, compliance plan, permit, and
monitoring or compliance report under section 503(e), subject
to the provisions of section 114(c) of this Act.
ø(9) A requirement that the permitting authority, in the case
of permits with a term of 3 or more years for major sources,
shall require revisions to the permit to incorporate applicable
standards and regulations promulgated under this Act after
the issuance of such permit. Such revisions shall occur as expe-
ditiously as practicable and consistent with the procedures es-
tablished under paragraph (6) but not later than 18 months
after the promulgation of such standards and regulations. No
such revision shall be required if the effective date of the
standards or regulations is a date after the expiration of the
permit term. Such permit revision shall be treated as a permit
renewal if it complies with the requirements of this title re-
garding renewals.¿
(9) MAJOR SOURCES.—
(A) IN GENERAL.—With respect to any permit or renewal
of a permit, as applicable, for a major source, a require-
ment that the permitting authority shall—
(i) in determining whether to issue or renew the per-
mit—
(I) evaluate the potential cumulative impacts of
the major source, as described in the applicable cu-
mulative impacts analysis submitted under section
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503(b)(3), taking into consideration other pollution
sources and risk factors within a community;
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(II) if, due to those potential cumulative impacts,
the permitting authority cannot determine that
there exists a reasonable certainty of no harm to
the health of the general population, or to any po-
tentially exposed or susceptible subpopulation, of
any census block groups or Tribal census block
groups (as those terms are defined by the Director
of the Bureau of the Census) located in, or imme-
diately adjacent to, the area in which the major
source is, or is proposed to be, located—
(aa) include in the permit or renewal such
standards and requirements (including addi-
tional controls or pollution prevention require-
ments) as the permitting authority determines
to be necessary to ensure a reasonable cer-
tainty of no such harm; or
(bb) if the permitting authority determines
that standards and requirements described in
item (aa) would not be sufficient to ensure a
reasonable certainty of no such harm, deny the
issuance or renewal of the permit;
(III) determine whether the applicant is a per-
sistent violator, based on such criteria relating to
the history of compliance by an applicant with this
Act as the Administrator shall establish by not
later than 180 days after the date of enactment of
the Environmental Justice for All Act;
(IV) if the permitting authority determines under
subclause (III) that the applicant is a persistent vi-
olator and the permitting authority does not deny
the issuance or renewal of the permit pursuant to
subclause (II)(bb)—
(aa) require the applicant to submit a plan
that describes—
(AA) if the applicant is not in compli-
ance with this Act, measures the applicant
will carry out to achieve that compliance,
together with an approximate deadline for
that achievement;
(BB) measures the applicant will carry
out, or has carried out to ensure the appli-
cant will remain in compliance with this
Act, and to mitigate the environmental
and health effects of noncompliance; and
(CC) the measures the applicant has
carried out in preparing the plan to con-
sult or negotiate with the communities af-
fected by each persistent violation ad-
dressed in the plan; and
(bb) once such a plan is submitted, deter-
mine whether the plan is adequate to ensuring
that the applicant—
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(AA) will achieve compliance with this
Act expeditiously;
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(BB) will remain in compliance with
this Act;
(CC) will mitigate the environmental
and health effects of noncompliance; and
(DD) has solicited and responded to
community input regarding the plan; and
(V) deny the issuance or renewal of the permit if
the permitting authority determines that—
(aa) the plan submitted under subclause
(IV)(aa) is inadequate; or
(bb)(AA) the applicant has submitted a plan
on a prior occasion, but continues to be a per-
sistent violator; and
(BB) no indication exists of extremely exi-
gent circumstances excusing the persistent vio-
lations; and
(ii) in the case of such a permit with a term of 3
years or longer, require permit revisions in accordance
with subparagraph (B).
(B) REVISION REQUIREMENTS.—
(i) DEADLINE.—A revision described in subparagraph
(A)(ii) shall occur as expeditiously as practicable and
consistent with the procedures established under para-
graph (6) but not later than 18 months after the pro-
mulgation of such standards and regulations.
(ii) EXCEPTION.—A revision under this paragraph
shall not be required if the effective date of the stand-
ards or regulations is a date after the expiration of the
permit term.
(iii) TREATMENT AS RENEWAL.—A permit revision
under this paragraph shall be treated as a permit re-
newal if it complies with the requirements of this title
regarding renewals.
(10) Provisions to allow changes within a permitted facility
(or one operating pursuant to section 503(d)) without requiring
a permit revision, if the changes are not modifications under
any provision of title I and the changes do not exceed the emis-
sions allowable under the permit (whether expressed therein
as a rate of emissions or in terms of total emissions:Provided,
That the facility provides the Administrator and the permitting
authority with written notification in advance of the proposed
changes which shall be a minimum of 7 days, unless the per-
mitting authority provides in its regulations a different time-
frame for emergencies.
(c) SINGLE PERMIT.—A single permit may be issued for a facility
with multiple sources.
(d) SUBMISSION AND APPROVAL.—(1) Not later than 3 years after
the date of the enactment of the Clean Air Act Amendments of
1990, the Governor of each State shall develop and submit to the
Administrator a permit program under State or local law or under
an interstate compact meeting the requirements of this title. In ad-
dition, the Governor shall submit a legal opinion from the attorney
general (or the attorney for those State air pollution control agen-
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cies that have independent legal counsel), or from the chief legal
officer of an interstate agency, that the laws of the State, locality,
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97
or the interstate compact provide adequate authority to carry out
the program. Not later than 1 year after receiving a program, and
after notice and opportunity for public comment, the Administrator
shall approve or disapprove such program, in whole or in part. The
Administrator may approve a program to the extent that the pro-
gram meets the requirements of this Act, including the regulations
issued under subsection (b). If the program is disapproved, in whole
or in part, the Administrator shall notify the Governor of any revi-
sions or modifications necessary to obtain approval. The Governor
shall revise and resubmit the program for review under this section
within 180 days after receiving notification.
(2)(A) If the Governor does not submit a program as required
under paragraph (1) or if the Administrator disapproves a program
submitted by the Governor under paragraph (1), in whole or in
part, the Administrator may, prior to the expiration of the 18-
month period referred to in subparagraph (B), in the Administra-
tor’s discretion, apply any of the sanctions specified in section
179(b).
(B) If the Governor does not submit a program as required under
paragraph (1), or if the Administrator disapproves any such pro-
gram submitted by the Governor under paragraph (1), in whole or
in part, 18 months after the date required for such submittal or the
date of such disapproval, as the case may be, the Administrator
shall apply sanctions under section 179(b) in the same manner and
subject to the same deadlines and other conditions as are applica-
ble in the case of a determination, disapproval, or finding under
section 179(a).
(C) The sanctions under section 179(b)(2) shall not apply pursu-
ant to this paragraph in any area unless the failure to submit or
the disapproval referred to in subparagraph (A) or (B) relates to an
air pollutant for which such area has been designated a nonattain-
ment area (as defined in part D of title I).
(3) If a program meeting the requirements of this title has not
been approved in whole for any State, the Administrator shall, 2
years after the date required for submission of such a program
under paragraph (1), promulgate, administer, and enforce a pro-
gram under this title for that State.
(e) SUSPENSION.—The Administrator shall suspend the issuance
of permits promptly upon publication of notice of approval of a per-
mit program under this section, but may, in such notice, retain ju-
risdiction over permits that have been federally issued, but for
which the administrative or judicial review process is not complete.
The Administrator shall continue to administer and enforce feder-
ally issued permits under this title until they are replaced by a per-
mit issued by a permitting program. Nothing in this subsection
should be construed to limit the Administrator’s ability to enforce
permits issued by a State.
(f) PROHIBITION.—No partial permit program shall be approved
unless, at a minimum, it applies, and ensures compliance with, this
title and each of the following:
(1) All requirements established under title IV applicable to
‘‘affected sources’’.
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(2) All requirements established under section 112 applicable
to ‘‘major sources’’, ‘‘area sources,’’ and ‘‘new sources’’.
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98
(3) All requirements of title I (other than section 112) appli-
cable to sources required to have a permit under this title.
Approval of a partial program shall not relieve the State of its obli-
gation to submit a complete program, nor from the application of
any sanctions under this Act for failure to submit an approvable
permit program.
(g) INTERIM APPROVAL.—If a program (including a partial permit
program) submitted under this title substantially meets the re-
quirements of this title, but is not fully approvable, the Adminis-
trator may by rule grant the program interim approval. In the no-
tice of final rulemaking, the Administrator shall specify the
changes that must be made before the program can receive full ap-
proval. An interim approval under this subsection shall expire on
a date set by the Administrator not later than 2 years after such
approval, and may not be renewed. For the period of any such in-
terim approval, the provisions of subsection (d)(2), and the obliga-
tion of the Administrator to promulgate a program under this title
for the State pursuant to subsection (d)(3), shall be suspended.
Such provisions and such obligation of the Administrator shall
apply after the expiration of such interim approval.
(h) EFFECTIVE DATE.—The effective date of a permit program, or
partial or interim program, approved under this title, shall be the
effective date of approval by the Administrator. The effective date
of a permit program, or partial permit program, promulgated by
the Administrator shall be the date of promulgation.
(i) ADMINISTRATION AND ENFORCEMENT.—(1) Whenever the Ad-
ministrator makes a determination that a permitting authority is
not adequately administering and enforcing a program, or portion
thereof, in accordance with the requirements of this title, the Ad-
ministrator shall provide notice to the State and may, prior to the
expiration of the 18-month period referred to in paragraph (2), in
the Administrator’s discretion, apply any of the sanctions specified
in section 179(b).
(2) Whenever the Administrator makes a determination that a
permitting authority is not adequately administering and enforcing
a program, or portion thereof, in accordance with the requirements
of this title, 18 months after the date of the notice under paragraph
(1), the Administrator shall apply the sanctions under section
179(b) in the same manner and subject to the same deadlines and
other conditions as are applicable in the case of a determination,
disapproval, or finding under section 179(a).
(3) The sanctions under section 179(b)(2) shall not apply pursu-
ant to this subsection in any area unless the failure to adequately
enforce and administer the program relates to an air pollutant for
which such area has been designated a nonattainment area.
(4) Whenever the Administrator has made a finding under para-
graph (1) with respect to any State, unless the State has corrected
such deficiency within 18 months after the date of such finding, the
Administrator shall, 2 years after the date of such finding, promul-
gate, administer, and enforce a program under this title for that
State. Nothing in this paragraph shall be construed to affect the
validity of a program which has been approved under this title or
the authority of any permitting authority acting under such pro-
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gram until such time as such program is promulgated by the Ad-
ministrator under this paragraph.
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SEC. 503. PERMIT APPLICATIONS.
(a) APPLICABLE DATE.—Any source specified in section 502(a)
shall become subject to a permit program, and required to have a
permit, on the later of the following dates—
(1) the effective date of a permit program or partial or in-
terim permit program applicable to the source; or
(2) the date such source becomes subject to section 502(a).
(b) COMPLIANCE PLAN.—(1) The regulations required by section
502(b) shall include a requirement that the applicant submit with
the permit application a compliance plan describing how the source
will comply with all applicable requirements under this Act. The
compliance plan shall include a schedule of compliance, and a
schedule under which the permittee will submit progress reports to
the permitting authority no less frequently than every 6 months.
(2) The regulations shall further require the permittee to periodi-
cally (but no less frequently than annually) certify that the facility
is in compliance with any applicable requirements of the permit,
and to promptly report any deviations from permit requirements to
the permitting authority.
(3) MAJOR SOURCE ANALYSES.—The regulations required by
section 502(b) shall include a requirement that an applicant for
a permit or renewal of a permit for a major source shall submit,
together with the compliance plan required under this sub-
section, a cumulative impacts analysis for each census block
group or Tribal census block group (as those terms are defined
by the Director of the Bureau of the Census) located in, or im-
mediately adjacent to, the area in which the major source is, or
is proposed to be, located that analyzes—
(A) community demographics and locations of community
exposure points, such as schools, day care centers, nursing
homes, hospitals, health clinics, places of religious worship,
parks, playgrounds, and community centers;
(B) air quality and the potential effect on that air quality
of emissions of air pollutants (including pollutants listed
under section 108 or 112) from the major source, including
in combination with existing sources of pollutants;
(C) the potential effects on soil quality and water quality
of emissions of lead and other air pollutants that could
contaminate soil or water from the major source, including
in combination with existing sources of pollutants; and
(D) public health and any potential effects on public
health from the major source.
(c) DEADLINE.—Any person required to have a permit shall, not
later than 12 months after the date on which the source becomes
subject to a permit program approved or promulgated under this
title, or such earlier date as the permitting authority may estab-
lish, submit to the permitting authority a compliance plan and an
application for a permit signed by a responsible official, who shall
certify the accuracy of the information submitted. The permitting
authority shall approve or disapprove a completed application (con-
sistent with the procedures established under this title for consid-
eration of such applications), and shall issue or deny the permit,
within 18 months after the date of receipt thereof, except that the
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permitting authority shall establish a phased schedule for acting
on permit applications submitted within the first full year after the
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100
effective date of a permit program (or a partial or interim pro-
gram). Any such schedule shall assure that at least one-third of
such permits will be acted on by such authority annually over a pe-
riod of not to exceed 3 years after such effective date. Such author-
ity shall establish reasonable procedures to prioritize such approval
or disapproval actions in the case of applications for construction
or modification under the applicable requirements of this Act.
(d) TIMELY AND COMPLETE APPLICATIONS.—Except for sources re-
quired to have a permit before construction or modification under
the applicable requirements of this Act, if an applicant has sub-
mitted a timely and complete application for a permit required by
this title (including renewals), but final action has not been taken
on such application, the source’s failure to have a permit shall not
be a violation of this Act, unless the delay in final action was due
to the failure of the applicant timely to submit information re-
quired or requested to process the application. No source required
to have a permit under this title shall be in violation of section
502(a) before the date on which the source is required to submit
an application under subsection (c).
(e) COPIES; AVAILABILITY.—A copy of each permit application,
compliance plan (including the schedule of compliance), emissions
or compliance monitoring report, certification, and each permit
issued under this title, shall be available to the public. If an appli-
cant or permittee is required to submit information entitled to pro-
tection from disclosure under section 114(c) of this Act, the appli-
cant or permittee may submit such information separately. The re-
quirements of section 114(c) shall apply to such information. The
contents of a permit shall not be entitled to protection under sec-
tion 114(c).
* * * * * * *
JOHN D. DINGELL, JR. CONSERVATION, MANAGEMENT,
AND RECREATION ACT
* * * * * * *
TITLE IX—MISCELLANEOUS
SEC. 9001. EVERY KID OUTDOORS ACT.
(a) DEFINITIONS.—In this section:
(1) FEDERAL LAND AND WATERS.—The term ‘‘Federal land
and waters’’ means any Federal land or body of water under
the jurisdiction of any of the Secretaries to which the public
has access.
(2) PROGRAM.—The term ‘‘program’’ means the Every Kid
Outdoors program established under subsection (b)(1).
(3) SECRETARIES.—The term ‘‘Secretaries’’ means—
(A) the Secretary, acting through—
(i) the Director of the National Park Service;
(ii) the Director of the United States Fish and Wild-
life Service;
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(iii) the Director of the Bureau of Land Manage-
ment; and
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101
(iv) the Commissioner of Reclamation;
(B) the Secretary of Agriculture, acting through the
Chief of the Forest Service;
(C) the Secretary of Commerce, acting through the Ad-
ministrator of the National Oceanic and Atmospheric Ad-
ministration; and
(D) the Secretary of the Army, acting through the Assist-
ant Secretary of the Army for Civil Works.
(4) STATE.—The term ‘‘State’’ means each of the several
States, the District of Columbia, American Samoa, Guam, the
Northern Mariana Islands, Puerto Rico, the Virgin Islands of
the United States, and any other territory or possession of the
United States.
(5) STUDENT OR STUDENTS.—The term ‘‘student’’ or ‘‘stu-
dents’’ means any fourth grader or home-schooled learner 10
years of age residing in the United States, including any terri-
tory or possession of the United States.
(b) EVERY KID OUTDOORS PROGRAM.—
(1) ESTABLISHMENT.—The Secretaries shall jointly establish
a program, to be known as the ‘‘Every Kid Outdoors program’’,
to provide free access to Federal land and waters for students
and accompanying individuals in accordance with this sub-
section.
(2) ANNUAL PASSES.—
(A) IN GENERAL.—At the request of a student, the Secre-
taries shall issue a pass to the student, which allows ac-
cess to Federal lands and waters for which access is sub-
ject to an entrance, standard amenity, or day use fee, free
of charge for the student and—
(i) in the case of a per-vehicle fee area—
(I) any passengers accompanying the student in
a private, noncommercial vehicle; or
(II) not more than three adults accompanying
the student on bicycles; or
(ii) in the case of a per-person fee area, not more
than three adults accompanying the student.
(B) TERM.—A pass described in subparagraph (A) shall
be effective during the period beginning on September 1
and ending on August 31 of the following year.
(C) PRESENCE OF A STUDENT IN GRADE FOUR REQUIRED.—
A pass described in subparagraph (A) shall be effective
only if the student to which the pass was issued is present
at the point of entry to the applicable Federal land or
water.
(3) OTHER ACTIVITIES.—In carrying out the program, the Sec-
retaries—
(A) may collaborate with State Park systems that opt to
implement a complementary Every Kid Outdoors State
park pass;
(B) may coordinate with the Secretary of Education to
implement the program;
(C) shall maintain a publicly available website with in-
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formation about the program;
(D) may provide visitor services for the program; and
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102
(E) may support approved partners of the Federal land
and waters by providing the partners with opportunities to
participate in the program.
(4) REPORTS.—The Secretary, in coordination with each Sec-
retary described in subparagraphs (B) through (D) of sub-
section (a)(3), shall prepare a comprehensive report to Con-
gress each year describing—
(A) the implementation of the program;
(B) the number and geographical distribution of students
who participated in the program; and
(C) the number of passes described in paragraph (2)(A)
that were distributed.
ø(5) SUNSET.—The authorities provided in this section, in-
cluding the reporting requirement, shall expire on the date
that is 7 years after the date of enactment of this Act.¿
* * * * * * *
NATIONAL ENVIRONMENTAL POLICY ACT OF 1969
* * * * * * *
TITLE I—DECLARATION OF NATIONAL ENVIRONMENTAL
POLICY
SEC. 101. (a) The Congress, recognizing the profound impact of
øman’s¿ human activity on the interrelations of all components of
the natural environment, particularly the profound influences of
population growth, high-density urbanization, industrial expansion,
resource exploitation, and new expanding technological advances
and recognizing further the critical importance of restoring and
maintaining environmental quality to the overall welfare and de-
velopment of øman¿ humankind, declares that it is the continuing
policy of the Federal Government, in cooperation with State and
local governments, and other concerned public and private organi-
zations, to use all practicable means and measures, including fi-
nancial and technical assistance, in a manner calculated to foster
and promote the general welfare, to create and maintain conditions
under which øman¿ humankind and nature can exist in productive
harmony, and fulfill the social, economic, and other requirements
of present and future generations of Americans.
(b) In order to carry out the policy set forth in this Act, it is the
continuing responsibility of the Federal Government to use all
practicable means, consistent with other essential considerations of
national policy, to improve and coordinate Federal plans, functions,
programs and resources to the end that the Nation may—
(1) fulfill the responsibilities of each generation as trustee of
the environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive, and
esthetically and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the environ-
ment without degradation, risk to health or safety, or other
undersirable and unintended consequences;
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(4) preserve important historic, cultural, and natural aspects
of our national heritage, and maintain, wherever possible, an
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103
environment which supports diversity and variety of individual
choice;
(5) achieve a balance between population and resource use
which will permit high standards of living and a wide sharing
of life’s amenities; and
(6) enhance the quality of renewable resources and approach
the maximum attainable recycling of depletable resources.
(c) The Congress recognizes that each person should enjoy a
healthful environment and that each person has a responsibility to
contribute to the preservation and enhancement of the environ-
ment.
SEC. 102. øThe Congress authorizes and directs that, to the full-
est extent possible:¿ The Congress authorizes and directs that, not-
withstanding any other provision of law and to the fullest extent
possible: (1) the policies, regulations, and public laws of the United
States shall be interpreted and administered in accordance with
the policies set forth in this Act, and (2) all agencies of the Federal
Government shall—
(A) utilize a systematic, interdisciplinary approach which
will øinsure¿ ensure the integrated use of the natural and so-
cial sciences and the environmental design arts in planning
and in decisionmaking which may have an impact on øman’s¿
the human environment;
(B) identify and develop methods and procedures, in con-
sultation with the Council on Environmental Quality estab-
lished by title II of this Act, which will øinsure¿ ensure that
presently unquantified environmental amenities and values
may be given appropriate consideration in decisionmaking
along with economic and technical considerations;
(C) include in every recommendation or report on proposals
for legislation and other major Federal actions significantly af-
fecting the quality of the human environment, a detailed state-
ment by the responsible official on—
(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot be
avoided should the proposal be implemented,
ø(iii) alternatives to the proposed action,¿
(iii) a reasonable range of alternatives that—
(I) are technically feasible,
(II) are economically feasible, and
(III) where applicable, do not cause or contribute to
adverse cumulative effects, including effects caused by
exposure to environmental pollution, on an overbur-
dened community that are higher than those borne by
other communities within the State, county, or other
geographic unit of analysis as determined by the agen-
cy preparing or having taken primary responsibility for
preparing the environmental document pursuant to
this Act, except that where the agency determines that
an alternative will serve a compelling public interest in
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the affected overburdened community with conditions
to protect public health,
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104
(iv) the relationship between local short-term uses of
øman’s¿ the human environment and the maintenance and
enhancement of long-term productivity, and
(v) any irreversible and irretrievable commitments of re-
sources which would be involved in the proposed action
should it be implemented.
Prior to making any detailed statement, the responsible Fed-
eral official shall consult with and obtain the comments of any
Federal agency which has jurisdiction by law or special exper-
tise with respect to any environmental impact involved. Copies
of such statement and the comments and views of the appro-
priate Federal, State, and local agencies, which are authorized
to develop and enforce environmental standards, shall be made
available to the President, the Council on Environmental Qual-
ity and to the public as provided by section 552 of title 5,
United States Code, and shall accompany the proposal through
the existing agency review processes;
(D) Any detailed statement required under subparagraph (C)
after January 1, 1970, for any major Federal action funded
under a program of grants to States shall not be deemed to be
legally insufficient solely by reason of having been prepared by
a State agency or official, if:
(i) the State agency or official has statewide jurisdiction
and has the responsibility for such action,
(ii) the responsible Federal official furnishes guidance
and participates in such preparation,
(iii) the responsible Federal official independently evalu-
ates such statement prior to its approval and adoption,
and
(iv) after January 1, 1976, the responsible Federal offi-
cial provides early notification to, and solicits the views of,
any other State or any Federal land management entity of
any action or any alternative thereto which may have sig-
nificant impacts upon such State or affected Federal land
management entity and, if there is any disagreement on
such impacts, prepares a written assessment of such im-
pacts and views for incorporation into such detailed state-
ment.
The procedures in this subparagraph shall not relieve the Fed-
eral official of his responsibilities for the scope, objectivity, and
content of the entire statement or of any other responsibility
under this Act; and further, this subparagraph does not affect
the legal sufficiency of statements prepared by State agencies
with less than statewide jurisdiction.
(E) study, develop, and describe appropriate alternatives that
are consistent with subparagraph (C)(3) to recommended
courses of action in any proposal which involves unresolved
conflicts concerning alternative uses of available resources;
(F) recognize the worldwide and long-range character of envi-
ronmental problems and, where consistent with the foreign pol-
icy of the United States, lend appropriate support to initia-
tives, resolutions, and programs designed to maximize inter-
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national cooperation in anticipating and preventing a decline
in the quality of ømankind’s¿ humankind’s world environment;
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105
(G) make available to States, counties, municipalities, insti-
tutions, and individuals, advice and information useful in re-
storing, maintaining, and enhancing the quality of the environ-
ment;
(H) initiate and utilize ecological information in the planning
and development of resource-oriented projects; and
(I) assist the Council on Environmental Quality established
by title II of this Act.
* * * * * * *
SEC. 106. DEFINITIONS.
In this Act:
(1) EFFECT; IMPACT.—The terms ‘‘effect’’ and ‘‘impact’’ mean
changes to the human environment from the proposed action or
alternatives that are reasonably foreseeable and include the fol-
lowing:
(A) Direct effects, which are caused by the action and
occur at the same time and place.
(B) Indirect effects, which are caused by the action and
are later in time or farther removed in distance, but are
still reasonably foreseeable. Indirect effects may include
growth inducing effects and other effects related to induced
changes in the pattern of land use, population density or
growth rate, and related effects on air and water and other
natural systems, including ecosystems.
(C) Cumulative effects, which are effects on the environ-
ment that result from the incremental effects of the action
when added to the effects of other past, present, and reason-
ably foreseeable actions regardless of what agency (Federal
or non-Federal) or person undertakes such other actions.
Cumulative effects can result from individually minor but
collectively significant actions taking place over a period of
time.
(D) Effects that are ecological (such as the effects on nat-
ural resources and on the components, structures, and func-
tioning of affected ecosystems), aesthetic, historic, cultural,
economic, social, health, whether direct, indirect, or cumu-
lative. Effects may also include those resulting from actions
which may have both beneficial and detrimental effects,
even if on balance the agency believes that the effects will
be beneficial.
(2) LIMITED ENGLISH PROFICIENCY.—The term ‘‘limited
English proficiency’’ means that a household does not have an
adult that speaks English very well according to the United
States Census Bureau.
(3) LOW-INCOME HOUSEHOLD.—The term ‘‘low-income house-
hold’’ means a household that is at or below twice the poverty
threshold as that threshold is determined annually by the
United States Census Bureau.
(4) OVERBURDENED COMMUNITY.—The term ‘‘overburdened
community’’ means any census block group, as determined in
accordance with the most recent United States Census, in
which:
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(A) at least 35 percent of the households qualify as low-
income households;
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106
(B) at least 40 percent of the residents identify as minor-
ity or as members of a Tribal and Indigenous community;
or
(C) at least 40 percent of the households have limited
English proficiency.
(5) TRIBAL AND INDIGENOUS COMMUNITY.—The term ‘‘Tribal
and Indigenous community’’ means a population of people who
are members of—
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community or
organization; or
(D) any other community of Indigenous people located in
a State.
* * * * * * *
COASTAL ZONE MANAGEMENT ACT OF 1972
* * * * * * *
TITLE III—MANAGEMENT OF THE COASTAL ZONE
* * * * * * *
RESOURCE MANAGEMENT IMPROVEMENT GRANTS
SEC. 306A. (a) For purposes of this section—
(1) The term ‘‘eligible coastal state’’ means a coastal state
that for any fiscal year for which a grant is applied for under
this section—
(A) has a management program approved under section
306; and
(B) in the judgment of the Secretary, is making satisfac-
tory progress in activities designed to result in significant
improvement in achieving the coastal management objec-
tives specified in section 303(2)(A) through (K).
(2) The term ‘‘urban waterfront and port’’ means any devel-
oped area that is densely populated and is being used for, or
has been used for, urban residential recreational, commercial,
shipping or industrial purposes.
(b) The Secretary may make grants to any eligible coastal state
to assist that state in meeting one or more of the following objec-
tives:
(1) The preservation or restoration of specific areas of the
state that (A) are designated under the management program
procedures required by section 306(d)(9) because of their con-
servation recreational, ecological, or esthetic values, or (B) con-
tain one or more coastal resources of national significance, or
for the purpose of restoring and enhancing shellfish production
by the purchase and distribution of clutch material on publicly
owned reef tracts.
(2) The redevelopment of deteriorating and underutilized
urban waterfronts and ports that are designated in the state’s
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management program pursuant to section 306(d)(2)(C) as areas
of particular concern.
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(3) The provision of access to public beaches and other public
coastal areas and to coastal waters in accordance with the
planning process required under section 306(d)(2)(G).
(4) The development of a coordinated process among State
agencies to regulate and issue permits for aquaculture facilities
in the coastal zone.
(c)(1) Each grant made by the Secretary under this section shall
be subject to such terms and conditions as may be appropriate to
ensure that the grant is used for purposes consistent with this sec-
tion.
(2) Grants made under this section may be used for—
(A) the acquisition of fee simple and other interests in land;
(B) low-cost construction projects determined by the Sec-
retary to be consistent with the purposes of this section, in-
cluding but not limited to, paths, walkways, fences, parks, and
the rehabilitation of historic buildings and structures; except
that not more than 50 per centum of any grant made under
this section may be used for such construction projects;
(C) in the case of grants made for objectives described in sub-
section (b)(2)—
(i) the rehabilitation or acquisition of piers to provide in-
creased public use, including compatible commercial activ-
ity,
(ii) the establishment of shoreline stabilization measures
including the installation or rehabilitation of bulkheads for
the purpose of public safety or increasing public access and
use, and
(iii) the removal or replacement of pilings where such ac-
tion will provide increased recreational use of urban water-
front areas,
but activities provided for under this paragraph shall not be
treated as construction projects subject to the limitations in
paragraph (B);
(D) engineering designs, specifications, and other appropriate
reports; øand¿
(E) educational, interpretive, and management costs and
such other related costs as the Secretary determines to be con-
sistent with the purposes of this sectionø.¿; and
(F) fulfilling any Tribal coastal zone objective (as that term
is defined in section 309A).
(d)(1) The Secretary may make grants to any coastal state for the
purpose of carrying out the project or purpose for which such
grants are awarded, if the state matches any such grant according
to the following ratios of Federal to state contributions for the ap-
plicable fiscal year: 4 to 1 for fiscal year 1986; 2.3 to 1 for fiscal
year 1987; 1.5 to 1 for fiscal year 1988; and 1 to 1 for each fiscal
year after fiscal year 1988.
(2) Grants provided under this section may be used to pay a
coastal state’s share of costs required under any other Federal pro-
gram that is consistent with the purposes of this section.
(3) The total amount of grants made under this section to any
eligible coastal state for any fiscal year may not exceed an amount
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equal to 10 per centum of the total amount appropriated to carry
out this section for such fiscal year.
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(e) With the approval of the Secretary, an eligible coastal state
may allocate to a local government, an areawide agency designated
under section 204 of the Demonstration Cities and Metropolitan
Development Act of 1966, a regional agency, or an interstate agen-
cy, a portion of any grant made under this section for the purpose
of carrying out this section; except that such an allocation shall not
relieve that state of the responsibility for ensuring that any funds
so allocated are applied in furtherance of the state’s approved man-
agement program.
(f) In addition to providing grants under this section, the Sec-
retary shall assist eligible coastal states and their local govern-
ments in identifying and obtaining other sources of available Fed-
eral technical and financial assistance regarding the objectives of
this section.
* * * * * * *
SEC. 309A. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL
ZONE OBJECTIVES.
(a) GRANTS AUTHORIZED.—The Secretary may award competitive
grants to Indian Tribes to further achievement of the objectives of
such a Tribe for such Tribe’s Tribal coastal zone.
(b) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the cost of any activity
carried out with a grant under this section shall be—
(A) in the case of a grant of less than $200,000, 100 per-
cent of such cost; and
(B) in the case of a grant of $200,000 or more, 95 percent
of such cost, except as provided in paragraph (2).
(2) WAIVER.—The Secretary may waive the application of
paragraph (1)(B) with respect to a grant to an Indian Tribe, or
otherwise reduce the portion of the share of the cost of an activ-
ity required to be paid by an Indian Tribe under such para-
graph, if the Secretary determines that the Tribe does not have
sufficient funds to pay such portion.
(c) COMPATIBILITY.—The Secretary may not award a grant under
this section unless the Secretary determines that the activities to be
carried out with the grant are compatible with this title.
(d) AUTHORIZED OBJECTIVES AND PURPOSES.—An Indian Tribe
that receives a grant under this section shall use the grant funds
for one or more of the objectives and purposes authorized under sub-
sections (b) and (c), respectively, of section 306A.
(e) FUNDING.—There is authorized to be appropriated to carry out
this section $5,000,000 for each of fiscal years 2023 through 2027,
of which not more than 3 percent shall be used for administrative
costs to carry out this section.
(f) DEFINITIONS.—In this section:
(1) INDIAN LAND.—The term ‘‘Indian land’’ has the meaning
given such term under section 2601 of the Energy Policy Act of
1992 (25 U.S.C. 3501).
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the meaning
given such term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
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(3) TRIBAL COASTAL ZONE.—The term ‘‘Tribal coastal zone’’
means any Indian land that is within the coastal zone.
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(4) TRIBAL COASTAL ZONE OBJECTIVE.—The term ‘‘Tribal
coastal zone objective’’ means, with respect to an Indian Tribe,
any of the following objectives:
(A) Protection, restoration, or preservation of areas in the
Tribal coastal zone of such Tribe that—
(i) hold important ecological, cultural, or sacred sig-
nificance for such Tribe; or
(ii) reflect traditional, historic, and aesthetic values
essential to such Tribe.
(B) Preparing and implementing a special area manage-
ment plan and technical planning for important coastal
areas.
(C) Any coastal or shoreline stabilization measure, in-
cluding any mitigation measure, for the purpose of public
safety, public access, or cultural or historical preservation.
* * * * * * *
FEDERAL FOOD, DRUG, AND COSMETIC ACT
* * * * * * *
CHAPTER V—DRUGS AND DEVICES
SUBCHAPTER A—DRUGS AND DEVICES
* * * * * * *
MISBRANDED DRUGS AND DEVICES
SEC. 502. A drug or device shall be deemed to be misbranded—
(a)(1) If its labeling is false or misleading in any particular.
Health care economic information provided to a payor, formulary
committee, or other similar entity with knowledge and expertise in
the area of health care economic analysis, carrying out its respon-
sibilities for the selection of drugs for coverage or reimbursement,
shall not be considered to be false or misleading under this para-
graph if the health care economic information relates to an indica-
tion approved under section 505 or under section 351(a) of the Pub-
lic Health Service Act for such drug, is based on competent and re-
liable scientific evidence, and includes, where applicable, a con-
spicuous and prominent statement describing any material dif-
ferences between the health care economic information and the la-
beling approved for the drug under section 505 or under section
351 of the Public Health Service Act. The requirements set forth
in section 505(a) or in subsections (a) and (k) of section 351 of the
Public Health Service Act shall not apply to health care economic
information provided to such a payor, committee, or entity in ac-
cordance with this paragraph. Information that is relevant to the
substantiation of the health care economic information presented
pursuant to this paragraph shall be made available to the Sec-
retary upon request.
(2)(A) For purposes of this paragraph, the term ‘‘health care eco-
nomic information’’ means any analysis (including the clinical data,
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inputs, clinical or other assumptions, methods, results, and other
components underlying or comprising the analysis) that identifies,
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110
measures, or describes the economic consequences, which may be
based on the separate or aggregated clinical consequences of the
represented health outcomes, of the use of a drug. Such analysis
may be comparative to the use of another drug, to another health
care intervention, or to no intervention.
(B) Such term does not include any analysis that relates only to
an indication that is not approved under section 505 or under sec-
tion 351 of the Public Health Service Act for such drug.
(b) If in a package form unless it bears a label containing (1) the
name and place of business of the manufacturer, packer, or dis-
tributor; and (2) an accurate statement of the quantity of the con-
tents in terms of weight, measure, or numerical count: Provided,
That under clause (2) of this paragraph reasonable variations shall
be permitted, and exemptions as to small packages shall be estab-
lished, by regulations prescribed by the Secretary.
(c) If any word, statement, or other information required by or
under authority of this Act to appear on the label or labeling is not
prominently placed thereon with such conspicuousness (as com-
pared with other words, statements, designs, or devices, in the la-
beling) and in such terms as to render it likely to be read and un-
derstood by the ordinary individual under customary conditions of
purchase and use.
(e)(1)(A) If it is a drug, unless its label bears, to the exclusion of
any other nonproprietary name (except the applicable systematic
chemical name or the chemical formula)—
(i) the established name (as defined in subparagraph (3)) of
the drug, if there is such a name;
(ii) the established name and quantity or, if determined to be
appropriate by the Secretary, the proportion of each active in-
gredient, including the quantity, kind, and proportion of any
alcohol, and also including whether active or not the estab-
lished name and quantity or if determined to be appropriate by
the Secretary, the proportion of any bromides, ether, chloro-
form, acetanilide, acetophenetidin, amidopyrine, antipyrine, at-
ropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis
glucosides, mercury, ouabain, strophanthin, strychnine, thy-
roid, or any derivative or preparation of any such substances,
contained therein, except that the requirement for stating the
quantity of the active ingredients, other than the quantity of
those specifically named in this subclause, shall not apply to
nonprescription drugs not intended for human use; and
(iii) the established name of each inactive ingredient listed
in alphabetical order on the outside container of the retail
package and, if determined to be appropriate by the Secretary,
on the immediate container, as prescribed in regulation pro-
mulgated by the Secretary, except that nothing in this sub-
clause shall be deemed to require that any trade secret be di-
vulged, and except that the requirements of this subclause
with respect to alphabetical order shall apply only to non-
prescription drugs that are not also cosmetics and that this
subclause shall not apply to nonprescription drugs not in-
tended for human use.
(B) For any prescription drug the established name of such drug
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or ingredient, as the case may be, on such label (and on any label-
ing on which a name for such drug or ingredient is used) shall be
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printed prominently and in type at least half as large as that used
thereon for any proprietary name or designation for such drug or
ingredient, except that to the extent that compliance with the re-
quirements of subclause (ii) or (iii) of clause (A) or this clause is
impracticable, exemptions shall be established by regulations pro-
mulgated by the Secretary.
(2) If it is a device and it has an established name, unless its
label bears, to the exclusion of any other nonproprietary name, its
established name (as defined in subparagraph (4)) prominently
printed in type at least half as large as that used thereon for any
proprietary name or designation for such device, except that to the
extent compliance with the requirements of this subparagraph is
impracticable, exemptions shall be established by regulations pro-
mulgated by the Secretary.
(3) As used in subparagraph (1), the term ‘‘established name’’,
with respect to a drug or ingredient thereof, means (A) the applica-
ble official name designated pursuant to section 508, or (B) if there
is no such name and such drug, or such ingredient, is an article
recognized in an official compendium, then the official title thereof
in such compendium, or (C) if neither clause (A) nor clause (B) of
this subparagraph applies, then the common or usual name, if any,
of such drug or of such ingredient, except that where clause (B) of
this subparagraph applies to an article recognized in the United
States Pharmacopeia and in the Homeopathic Pharmacopeia under
different official titles, the official title used in the United States
Pharmacopeia shall apply unless it is labeled and offered for sale
as a homeopathic drug, in which case the official title used in the
Homeopathic Pharmacopeia shall apply.
(4) As used in subparagraph (2), the term ‘‘established name’’
with respect to a device means (A) the applicable official name of
the device designated pursuant to section 508, (B) if there is no
such name and such device is an article recognized in an official
compendium, then the official title thereof in such compendium, or
(C) if neither clause (A) nor clause (B) of this subparagraph ap-
plies, then any common or usual name of such device.
(f) Unless its labeling bears (1) adequate directions for use; and
(2) such adequate warnings against use in those pathological condi-
tions or by children where its use may be dangerous to health, or
against unsafe dosage or methods or duration of administration or
application, in such manner and form, as are necessary for the pro-
tection of users, except that where any requirement of clause (1)
of this paragraph, as applied to any drug or device, is not necessary
for the protection of the public health, the Secretary shall promul-
gate regulations exempting such drug or device from such require-
ment. Required labeling for prescription devices intended for use in
health care facilities or by a health care professional and required
labeling for in vitro diagnostic devices intended for use by health
care professionals or in blood establishments may be made avail-
able solely by electronic means, provided that the labeling complies
with all applicable requirements of law, and that the manufacturer
affords such users the opportunity to request the labeling in paper
form, and after such request, promptly provides the requested in-
formation without additional cost.
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(g) If it purports to be a drug the name of which is recognized
in an official compendium, unless it is packaged and labeled as pre-
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scribed therein. The method of packing may be modified with the
consent of the Secretary. Whenever a drug is recognized in both the
United States Pharmacopeia and the Homeopathic Pharmacopeia
of the United States, it shall be subject to the requirements of the
United States Pharmacopeia with respect to packaging, and label-
ing unless it is labeled and offered for sale as a homeopathic drug,
in which case it shall be subject to the provisions of the Homeo-
pathic Pharmacopeia of the United States, and not to those of the
United States Pharmacopeia, except that in the event of inconsist-
ency between the requirements of this paragraph and those of
paragraph (e) as to the name by which the drug or its ingredients
shall be designated, the requirements of paragraph (e) shall pre-
vail.
(h) If it has been found by the Secretary to be a drug liable to
deterioration, unless it is packaged in such form and manner, and
its label bears a statement of such precautions, as the Secretary
shall by regulations require as necessary for the protection of the
public health. No such regulation shall be established for any drug
recognized in an official compendium until the Secretary shall have
informed the appropriate body charged with the revision of such
compendium of the need for such packaging or labeling require-
ments and such body shall have failed within a reasonable time to
prescribe such requirements.
(i)(1) If it is a drug and its container is so made, formed, or filled
as to be misleading; or (2) if it is an imitation of another drug; or
(3) if it is offered for sale under the name of another drug.
(j) If it is dangerous to health when used in the dosage or man-
ner; or with the frequency or duration prescribed, recommended, or
suggested in the labeling thereof.
(m) If it is a color additive the intended use of which is for the
purpose of coloring only, unless its packaging and labeling are in
conformity with such packaging and labeling requirements applica-
ble to such color additive, as may be contained in regulations
issued under section 721.
(n) In the case of any prescription drug distributed or offered for
sale in any State, unless the manufacturer, packer, or distributor
thereof includes in all advertisements and other descriptive printed
matter issued or caused to be issued by the manufacturer, packer,
or distributor with respect to that drug a true statement of (1) the
established name as defined in section 502(e), printed prominently
and in type at least half as large as that used for any trade or
brand name thereof, (2) the formula showing quantitatively each
ingredient of such drug to the extent required for labels under sec-
tion 502(e), and (3) such other information in brief summary relat-
ing to side effects, contraindications, and effectiveness as shall be
required in regulations which shall be issued by the Secretary in
accordance with section 701(a), and in the case of published direct-
to-consumer advertisements the following statement printed in con-
spicuous text: ‘‘You are encouraged to report negative side effects
of prescription drugs to the FDA. Visit www.fda.gov/medwatch, or
call 1–800-FDA-1088.’’, except that (A) except in extraordinary cir-
cumstances, no regulation issued under this paragraph shall re-
quire prior approval by the Secretary of the content of any adver-
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tisement, and (B) no advertisement of a prescription drug, pub-
lished after the effective date of regulations issued under this para-
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graph applicable to advertisements of prescription drugs, shall,
with respect to the matters specified in this paragraph or covered
by such regulations, be subject to the provisions of sections 12
through 17 of the Federal Trade Commission Act, as amended (15
U.S.C. 52–57). This paragraph (n) shall not be applicable to any
printed matter which the Secretary determines to be labeling as
defined in section 201(m) of this Act. Nothing in the Convention on
Psychotropic Substances, signed at Vienna, Austria, on February
21, 1971, shall be construed to prevent drug price communications
to consumers. In the case of an advertisement for a drug subject
to section 503(b)(1) presented directly to consumers in television or
radio format and stating the name of the drug and its conditions
of use, the major statement relating to side effects and contra-
indications shall be presented in a clear, conspicuous, and neutral
manner.
(o) If it was manufactured, prepared, propagated, compounded, or
processed in an establishment not duly registered under section
510, if it is a drug and was imported or offered for import by a com-
mercial importer of drugs not duly registered under section 801(s),
if it was not included in a list required by section 510(j), if a notice
or other information respecting it was not provided as required by
such section or section 510(k), or if it does not bear such symbols
from the uniform system for identification of devices prescribed
under section 510(e) as the Secretary by regulation requires.
(p) If it is a drug and its packaging or labeling is in violation of
an applicable regulation issued pursuant to section 3 or 4 of the
Poison Prevention Packaging Act of 1970.
(q) In the case of any restricted device distributed or offered for
sale in any State, if (1) its advertising is false or misleading in any
particular, or (2) it is sold, distributed, or used in violation of regu-
lations prescribed under section 520(e).
(r) In the case of any restricted device distributed or offered for
sale in any State, unless the manufacturer, packer, or distributor
thereof includes in all advertisements and other descriptive printed
matter issued or caused to be issued by the manufacturer, packer,
or distributor with respect to that device (1) a true statement of the
device’s established name as defined in section 502(e), printed
prominently and in type at least half as large as that used for any
trade or brand name thereof, and (2) a brief statement of the in-
tended uses of the device and relevant warnings, precautions, side
effects, and contraindications and, in the case of specific devices
made subject to a finding by the Secretary after notice and oppor-
tunity for comment that such action is necessary to protect the
public health, a full description of the components of such device
or the formula showing quantitatively each ingredient of such de-
vice to the extent required in regulations which shall be issued by
the Secretary after an opportunity for a hearing. Except in extraor-
dinary circumstances, no regulation issued under this paragraph
shall require prior approval by the Secretary of the content of any
advertisement and no advertisement of a restricted device, pub-
lished after the effective date of this paragraph shall, with respect
to the matters specified in this paragraph or covered by regulations
issued hereunder, be subject to the provisions of sections 12
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through 15 of the Federal Trade Commission Act (15 U.S.C. 52–55).
This paragraph shall not be applicable to any printed matter which
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the Secretary determines to be labeling as defined in section
201(m).
(s) If it is a device subject to a performance standard established
under section 514, unless it bears such labeling as may be pre-
scribed in such performance standard.
(t) If it is a device and there was a failure or refusal (1) to comply
with any requirement prescribed under section 518 respecting the
device, (2) to furnish any material or information required by or
under section 519 respecting the device, or (3) to comply with a re-
quirement under section 522.
(u)(1) Subject to paragraph (2), if it is a reprocessed single-use
device, unless it, or an attachment thereto, prominently and con-
spicuously bears the name of the manufacturer of the reprocessed
device, a generally recognized abbreviation of such name, or a
unique and generally recognized symbol identifying such manufac-
turer.
(2) If the original device or an attachment thereto does not
prominently and conspicuously bear the name of the manufacturer
of the original device, a generally recognized abbreviation of such
name, or a unique and generally recognized symbol identifying
such manufacturer, a reprocessed device may satisfy the require-
ments of paragraph (1) through the use of a detachable label on the
packaging that identifies the manufacturer and is intended to be
affixed to the medical record of a patient.
(v) If it is a reprocessed single-use device, unless all labeling of
the device prominently and conspicuously bears the statement ‘‘Re-
processed device for single use. Reprocessed by ll.’’ The name of
the manufacturer of the reprocessed device shall be placed in the
space identifying the person responsible for reprocessing.
(w) If it is a new animal drug—
(1) that is conditionally approved under section 571 and its
labeling does not conform with the approved application or sec-
tion 571(f), or that is not conditionally approved under section
571 and its label bears the statement set forth in section
571(f)(1)(A);
(2) that is indexed under section 572 and its labeling does
not conform with the index listing under section 572(e) or
572(h), or that has not been indexed under section 572 and its
label bears the statement set forth in section 572(h); or
(3) for which an application has been approved under section
512 and the labeling of such drug does not include the applica-
tion number in the format: ‘‘Approved by FDA under (A)NADA
# xxx–xxx’’, except that this subparagraph shall not apply to
representative labeling required under section 514.1(b)(3)(v)(b)
of title 21, Code of Federal Regulations (or any successor regu-
lation) for animal feed bearing or containing a new animal
drug.
(x) If it is a nonprescription drug (as defined in section 760) that
is marketed in the United States, unless the label of such drug in-
cludes a domestic address or domestic phone number through
which the responsible person (as described in section 760) may re-
ceive a report of a serious adverse event (as defined in section 760)
with such drug.
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(y) If it is a drug subject to an approved risk evaluation and miti-
gation strategy pursuant to section 505(p) and the responsible per-
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115
son (as such term is used in section 505–1) fails to comply with a
requirement of such strategy provided for under subsection (d), (e),
or (f) of section 505–1.
(z) If it is a drug, and the responsible person (as such term is
used in section 505(o)) is in violation of a requirement established
under paragraph (3) (relating to postmarket studies and clinical
trials) or paragraph (4) (relating to labeling) of section 505(o) with
respect to such drug.
(aa) If it is a drug, or an active pharmaceutical ingredient, and
it was manufactured, prepared, propagated, compounded, or proc-
essed in a facility for which fees have not been paid as required by
section 744B(a)(4) or for which identifying information required by
section 744B(f) has not been submitted, or it contains an active
pharmaceutical ingredient that was manufactured, prepared, prop-
agated, compounded, or processed in such a facility.
(bb) If the advertising or promotion of a compounded drug is
false or misleading in any particular.
(cc) If it is a drug and it fails to bear the product identifier as
required by section 582.
(dd) If it is an antimicrobial drug, as defined in section 511A(f),
and its labeling fails to conform with the requirements under sec-
tion 511A(d).
(ee) If it is a nonprescription drug that is subject to section 505G,
is not the subject of an application approved under section 505, and
does not comply with the requirements under section 505G.
(ff) If it is a drug and it was manufactured, prepared, propa-
gated, compounded, or processed in a facility for which fees have
not been paid as required by section 744M.
(gg) If it is a menstrual product, such as a menstrual cup, a
scented, scented deodorized, or unscented menstrual pad or tampon,
a therapeutic vaginal douche apparatus, or an obstetrical and gyne-
cological device described in section 884.5400, 884.5425, 884.5435,
884.5460, 884.5470, or 884.5900 of title 21, Code of Federal Regula-
tions (or any successor regulation), unless its label or labeling lists
the name of each ingredient or component of the product in order
of the most predominant ingredient or component to the least pre-
dominant ingredient or component.
* * * * * * *
CHAPTER VI—COSMETICS
* * * * * * *
MISBRANDED COSMETICS
SEC. 602. A cosmetic shall be deemed to be misbranded—
(a) If its labeling is false or misleading in any particular.
(b) If in package form unless it bears a label containing (1) the
name and place of business of the manufacturer, packer, or dis-
tributor; and (2) an accurate statement of the quantity of the con-
tents in terms of weight, measure, or numerical count: Provided,
That under clause (2) of this paragraph reasonable variations shall
be permitted, and exemptions as to small packages shall be estab-
lished, by regulations prescribed by the Secretary.
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(c) If any word, statement, or other information required by or
under authority of this Act to appear on the label or labeling is not
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116
prominently placed thereon with such conspicuousness (as com-
pared with other words, statements, designs, or devices in the la-
beling) and in such terms as to render it likely to be read and un-
derstood by the ordinary individual under customary conditions of
purchase and use.
(d) If its container is so made, formed, or filled as to be mis-
leading.
(e) If it is a color additive, unless its packaging and labeling are
in conformity with such packaging and labeling requirements, ap-
plicable to such color additive, as may be contained in regulations
issued under section 721. This paragraph shall not apply to pack-
ages of color additives which, with respect to their use for cos-
metics, are marketed and intended for use only in or on hair dyes
(as defined in the last sentence of section 601(a)).
(f) If its packaging or labeling is in violation of an applicable reg-
ulation issued pursuant to section 3 or 4 of the Poison Prevention
Packaging Act of 1970.
(g) If its labeling does not conform with a requirement under sec-
tion 604.
* * * * * * *
SEC. 604. LABELING.
(a) COSMETIC PRODUCTS FOR PROFESSIONAL USE.—
(1) DEFINITION OF PROFESSIONAL.—With respect to cosmetics,
the term ‘‘professional’’ means an individual who—
(A) is licensed by an official State authority to practice
in the field of cosmetology, nail care, barbering, or esthet-
ics;
(B) has complied with all requirements set forth by the
State for such licensing; and
(C) has been granted a license by a State board or legal
agency or legal authority.
(2) LISTING OF INGREDIENTS.—Cosmetic products used and
sold by professionals shall list all ingredients and warnings, as
required for other cosmetic products under this chapter.
(3) PROFESSIONAL USE LABELING.—In the case of a cosmetic
product intended to be used only by a professional on account
of a specific ingredient or increased concentration of an ingre-
dient that requires safe handling by trained professionals, the
product shall bear a statement as follows: ‘‘To be Administered
Only by Licensed Professionals’’.
(b) DISPLAY REQUIREMENTS.—A listing required under subsection
(a)(2) and a statement required under subsection (a)(3) shall be
prominently displayed—
(1) in the primary language used on the label; and
(2) in conspicuous and legible type in contrast by typography,
layout, or color with other material printed or displayed on the
label.
(c) INTERNET SALES.—In the case of internet sales of cosmetics,
each internet website offering a cosmetic product for sale to con-
sumers shall provide the same information that is included on the
packaging of the cosmetic product as regularly available through in-
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person sales, except information that is unique to a single cosmetic
product sold in a retail facility, such as a lot number or expiration
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date, and the warnings and statements described in subsection (b)
shall be prominently and conspicuously displayed on the website.
(d) CONTACT INFORMATION.—The label on each cosmetic shall
bear the domestic telephone number or electronic contact informa-
tion, and it is encouraged that the label include both the telephone
number and electronic contact information, that consumers may use
to contact the responsible person with respect to adverse events. The
contact number shall provide a means for consumers to obtain addi-
tional information about ingredients in a cosmetic, including the
ability to ask if a specific ingredient may be present that is not list-
ed on the label, including whether a specific ingredient may be con-
tained in the fragrance or flavor used in the cosmetic. The manufac-
turer of the cosmetic is responsible for providing such information,
including obtaining the information from suppliers if it is not read-
ily available. Suppliers are required to release such information
upon request of the cosmetic manufacturer.
* * * * * * *
PUBLIC HEALTH SERVICE ACT
* * * * * * *
TITLE IV—NATIONAL RESEARCH INSTITUTES
* * * * * * *
PART C—SPECIFIC PROVISIONS RESPECTING NATIONAL RESEARCH
INSTITUTES
* * * * * * *
Subpart 12—National Institute of Environmental Health Sciences
* * * * * * *
SEC. 463C. RESEARCH ON HEALTH DISPARITIES RELATED TO COS-
METICS IMPACTING COMMUNITIES OF COLOR.
(a) IN GENERAL.—The Director of the Institute shall award grants
to eligible entities—
(1) to expand support for basic, epidemiological, and social
scientific investigations into—
(A) the chemicals linked (or with possible links) to ad-
verse health effects most commonly found in cosmetics mar-
keted to women and girls of color, including beauty, per-
sonal hygiene, and intimate care products;
(B) the marketing and sale of such cosmetics containing
chemicals linked to adverse health effects to women and
girls of color across their lifespans;
(C) the use of such cosmetics by women and girls of color
across their lifespans; or
(D) the chemicals linked to the adverse health effects
most commonly found in products used by nail, hair, and
beauty salon workers;
(2) to provide educational awareness and community out-
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reach efforts to educate the promote the use of safer alternatives
in cosmetics; and
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118
(3) to disseminate the results of any such research described
in subparagraph (A) or (B) of paragraph (1) (conducted by the
grantee pursuant to this section or otherwise) to help commu-
nities identify and address potentially unsafe chemical expo-
sures in the use of cosmetics.
(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under
subsection (a), an entity shall—
(1) be a public institution such as a university, a nonprofit
research institution, or a nonprofit grassroots organization; and
(2) not benefit from a financial relationship with a chemical
or cosmetics manufacturer, supplier, or trade association.
(c) REPORT.—Not later than the end 1 year after awarding grants
under this section, and each year thereafter, the Director of the In-
stitute shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, and make publicly avail-
able, a report on the results of the investigations funded under sub-
section (a), including—
(1) summary findings on—
(A) marketing strategies, product categories, and specific
cosmetics containing ingredients linked to adverse health
effects; and
(B) the demographics of the populations marketed to and
using cosmetics containing such ingredients for personal
and professional use; and
(2) recommended public health information strategies to re-
duce potentially unsafe exposures to cosmetics.
(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec-
tion, there are authorized to be appropriated such sums as may be
necessary for fiscal years 2022 through 2026.
* * * * * * *
MINERAL LEASING ACT
* * * * * * *
SEC. 7. (a) A coal lease shall be for a term of twenty years and
for so long thereafter as coal is produced annually in commercial
quantities from that lease. Any lease which is not producing in
commercial quantities at the end of ten years shall be terminated.
The Secretary shall by regulation prescribe annual rentals on
leases. A lease shall require payment of a royalty in such amount
as the Secretary shall determine of not less than ø121⁄2 per cen-
tum¿ 18.75 percent of the value of coal as defined by regulation, ex-
cept the Secretary may determine a lesser amount in the case of
coal recovered by underground mining operations. The lease shall
include such other terms and conditions as the Secretary shall de-
termine. Such rentals and royalties and other terms and conditions
of the lease will be subject to readjustment at the end of its pri-
mary term of twenty years and at the end of each ten-year period
thereafter if the lease is extended.
(b)(1) Each lease shall be subject to the conditions of diligent de-
velopment and continued operation of the mine or mines, except
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where operations under the lease are interrupted by strikes, the
elements, or casualties not attributable to the lessee.
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119
(2) The Secretary of the Interior, upon determining that the pub-
lic interest will be served thereby, may suspend the condition of
continued operation upon the payment of advance royalties.
(3) Advance royalties described in paragraph (2) shall be no less
than the production royalty which would otherwise be paid and
shall be computed on a fixed reserve to production ratio (deter-
mined by the Secretary).
(4) Advance royalties described in paragraph (2) shall be com-
puted—
(A) based on—
(i) the average price in the spot market for sales of com-
parable coal from the same region during the last month
of each applicable continued operation year; or
(ii) in the absence of a spot market for comparable coal
from the same region, by using a comparable method es-
tablished by the Secretary of the Interior to capture the
commercial value of coal; and
(B) based on commercial quantities, as defined by regulation
by the Secretary of the Interior.
(5) The aggregate number of years during the period of any lease
for which advance royalties may be accepted in lieu of the condition
of continued operation shall not exceed 20 years.
(6) The amount of any production royalty paid for any year shall
be reduced (but not below 0) by the amount of any advance royal-
ties paid under a lease described in paragraph (5) to the extent
that the advance royalties have not been used to reduce production
royalties for a prior year.
(6) The Secretary may, upon six months’ notification to the lessee
cease to accept advance royalties in lieu of the requirement of con-
tinued operation.
(7) Nothing in this subsection shall be construed to affect the re-
quirement contained in the second sentence of subsection (a) relat-
ing to commencement of production at the end of ten years.
(c) Prior to taking any action on a leasehold which might cause
a significant disturbance of the environment, the lessee shall sub-
mit for the Secretary’s approval an operation and reclamation plan.
The Secretary shall approve or disapprove the plan or require that
it be modified. Where the land involved is under the surface juris-
diction of another Federal agency, that other agency must consent
to the terms of such approval.
* * * * * * *
SEC. 17. (a) All lands subject to disposition under this Act which
are known or believed to contain oil or gas deposits may be leased
by the Secretary.
(b)(1)(A) All lands to be leased which are not subject to leasing
under paragraphs (2) and (3) of this subsection shall be leased as
provided in this paragraph to the highest responsible qualified bid-
der by competitive bidding under general regulations in units of
not more than 2,560 acres, except in Alaska, where units shall be
not more than 5,760 acres. Such units shall be as nearly compact
as possible. Lease sales shall be conducted by oral bidding, except
as provided in subparagraph (C). Lease sales øshall be held for
each State where eligible lands are available at least quarterly and
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more frequently if the Secretary of the Interior determines such
sales are necessary¿ may be held in each State not more than once
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120
each year. A lease shall be conditioned upon the payment of a roy-
alty at a rate of not less than ø12.5 percent¿ 18.75 percent in
amount or value of the production removed or sold from the lease.
The Secretary shall accept the highest bid from a responsible quali-
fied bidder which is equal to or greater than the national minimum
acceptable bid, without evaluation of the value of the lands pro-
posed for lease. Leases shall be issued within 60 days following
payment by the successful bidder of the remainder of the bonus
bid, if any, and the annual rental for the first lease year. All bids
for less than the national minimum acceptable bid shall be re-
jected. Lands for which no bids are received or for which the high-
est bid is less than the national minimum acceptable bid shall be
offered promptly within 30 days for leasing under subsection (c) of
this section and shall remain available for leasing for a period of
2 years after the competitive lease sale.
(B) The national minimum acceptable bid shall be $2 per acre for
a period of 2 years from the date of enactment of the Federal On-
shore Oil and Gas Leasing Reform Act of 1987. Thereafter, the Sec-
retary, subject to paragraph (2)(B), may establish by regulation a
higher national minimum acceptable bid for all leases based upon
a finding that such action is necessary: (i) to enhance financial re-
turns to the United States; and (ii) to promote more efficient man-
agement of oil and gas resources on Federal lands. Ninety days be-
fore the Secretary makes any change in the national minimum ac-
ceptable bid, the Secretary shall notify the Committee on Natural
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States
Senate. The proposal or promulgation of any regulation to establish
a national minimum acceptable bid shall not be considered a major
Federal action subject to the requirements of section 102(2)(C) of
the National Environmental Policy Act of 1969.
(C) In order to diversify and expand the Nation’s onshore leasing
program to ensure the best return to the Federal taxpayer, reduce
fraud, and secure the leasing process, the Secretary may conduct
onshore lease sales through Internet-based bidding methods. Each
individual Internet-based lease sale shall conclude within 7 days.
(2)(A)(i) If the lands to be leased are within a special tar sand
area, they shall be leased to the highest responsible qualified bid-
der by competitive bidding under general regulations in units of
not more than 5,760 acres, which shall be as nearly compact as
possible, upon the payment by the lessee of such bonus as may be
accepted by the Secretary.
(ii) Royalty shall be ø121⁄2 per centum¿ 18.75 percent in amount
of value of production removed or sold from the lease subject to sec-
tion 17(k)(1)(c).
(iii) The Secretary may lease such additional lands in special tar
sand areas as may be required in support of any operations nec-
essary for the recovery of tar sands.
(iv) No lease issued under this paragraph shall be included
in any chargeability limitation associated with oil and gas
leases.
(B) For any area that contains any combination of tar sand and
oil or gas (or both), the Secretary may issue under this Act, sepa-
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rately—
(i) a lease for exploration for and extraction of tar sand; and
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121
(ii) a lease for exploration for and development of oil and gas.
(C) A lease issued for tar sand shall be issued using the same
bidding process, annual rental, and posting period as a lease issued
for oil and gas, except that the minimum acceptable bid required
for a lease issued for tar sand shall be $2 per acre.
(D) The Secretary may waive, suspend, or alter any requirement
under section 26 that a permittee under a permit authorizing
prospecting for tar sand must exercise due diligence, to promote
any resource covered by a combined hydrocarbon lease.
(3)(A) If the United States held a vested future interest in a min-
eral estate that, immediately prior to becoming a vested present in-
terest, was subject to a lease under which oil or gas was being pro-
duced, or had a well capable of producing, in paying quantities at
an annual average production volume per well per day of either not
more than 15 barrels per day of oil or condensate, or not more than
60,000 cubic feet of gas, the holder of the lease may elect to con-
tinue the lease as a noncompetitive lease under subsection (c)(1).
(B) An election under this paragraph is effective—
(i) in the case of an interest which vested after January 1,
1990, and on or before the date of enactment of this paragraph,
if the election is made before the date that is 1 year after the
date of enactment of this paragraph;
(ii) in the case of an interest which vests within 1 year after
the date of enactment of this paragraph, if the election is made
before the date that is 2 years after the date of enactment of
this paragraph; and
(iii) in any case other than those described in clause (i) or
(ii), if the election is made prior to the interest becoming a
vested present interest.
(C) Notwithstanding the consent requirement referenced in sec-
tion 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C.
352), the Secretary shall issue a noncompetitive lease under sub-
section (c)(1) to a holder who makes an election under subpara-
graph (A) and who is qualified to hold a lease under this Act. Such
lease shall be subject to all terms and conditions under this Act
that are applicable to leases issued under subsection (c)(1).
(D) A lease issued pursuant to this paragraph shall continue so
long as oil or gas continues to be produced in paying quantities.
(E) This paragraph shall apply only to those lands under the ad-
ministration of the Secretary of Agriculture where the United
States acquired an interest in such lands pursuant to the Act of
March 1, 1911 (36 Stat. 961 and following).
(c)(1) If the lands to be leased are not leased under subsection
(b)(1) of this section or are not subject to competitive leasing under
subsection (b)(2) of this section, the person first making application
for the lease who is qualified to hold a lease under this Act shall
be entitled to a lease of such lands without competitive bidding,
upon payment of a non-refundable application fee of at least $75.
A lease under this subsection shall be conditioned upon the pay-
ment of a royalty at a rate of ø12.5 percent¿ 18.75 percent in
amount or value of the production removed or sold from the lease.
Leases shall be issued within 60 days of the date on which the Sec-
retary identifies the first responsible qualified applicant.
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(2)(A) Lands (i) which were posted for sale under subsection
(b)(1) of this section but for which no bids were received or for
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122
which the highest bid was less than the national minimum accept-
able bid and (ii) for which, at the end of the period referred to in
subsection (b)(1) of this section no lease has been issued and no
lease application is pending under paragraph (1) of this subsection,
shall again be available for leasing only in accordance with sub-
section (b)(1) of this section.
(B) The land in any lease which is issued under paragraph (1)
of this subsection or under subsection (b)(1) of this section which
lease terminates, expires, is cancelled or is relinquished shall again
be available for leasing only in accordance with subsection (b)(1) of
this section.
(d) All leases issued under this section, as amended by the Fed-
eral Onshore Oil and Gas Leasing Reform Act of 1987, shall be con-
ditioned upon payment by the lessee of a rental of not less than
$1.50 per acre per year for the first through fifth years of the lease
and not less than $2 per acre per year for each year thereafter. A
minimum royalty in lieu of rental of not less than the rental which
otherwise would be required for that lease year shall be payable at
the expiration of each lease year beginning on or after a discovery
of oil or gas in paying quantities on the lands leased.
(e) Competitive and noncompetitive leases issued under this sec-
tion shall be for a primary term of 10 years: Provided, however,
That competitive leases issued in special tar sand areas shall also
be for a primary term of ten years. Each such lease shall continue
so long after its primary term as oil or gas is produced in paying
quantities. Any lease issued under this section for land on which,
or for which under an approved cooperative or unit plan of develop-
ment or operation, actual drilling operations were commenced prior
to the end of its primary term and are being diligently prosecuted
at that time shall be extended for two years and so long thereafter
as oil or gas is produced in paying quantities.
(f) At least 45 days before offering lands for lease under this sec-
tion, and at least 30 days before approving applications for permits
to drill under the provisions of a lease or substantially modifying
the terms of any lease issued under this section, the Secretary
shall provide notice of the proposed action. Such notice shall be
posted in the appropriate local office of the leasing and land man-
agement agencies. Such notice shall include the terms or modified
lease terms and maps or a narrative description of the affected
lands. Where the inclusion of maps in such notice is not prac-
ticable, maps of the affected lands shall be made available to the
public for review. Such maps shall show the location of all tracts
to be leased, and of all leases already issued in the general area.
The requirements of this subsection are in addition to any public
notice required by other law.
(g) The Secretary of the Interior, or for National Forest lands,
the Secretary of Agriculture, shall regulate all surface-disturbing
activities conducted pursuant to any lease issued under this Act,
and shall determine reclamation and other actions as required in
the interest of conservation of surface resources. No permit to drill
on an oil and gas lease issued under this Act may be granted with-
out the analysis and approval by the Secretary concerned of a plan
of operations covering proposed surface-disturbing activities within
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the lease area. The Secretary concerned shall, by rule or regula-
tion, establish such standards as may be necessary to ensure that
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123
an adequate bond, surety, or other financial arrangement will be
established prior to the commencement of surface-disturbing activi-
ties on any lease, to ensure the complete and timely reclamation
of the lease tract, and the restoration of any lands or surface
waters adversely affected by lease operations after the abandon-
ment or cessation of oil and gas operations on the lease. The Sec-
retary shall not issue a lease or leases or approve the assignment
of any lease or leases under the terms of this section to any person,
association, corporation, or any subsidiary, affiliate, or person con-
trolled by or under common control with such person, association,
or corporation, during any period in which, as determined by the
Secretary of the Interior or Secretary of Agriculture, such entity
has failed or refused to comply in any material respect with the
reclamation requirements and other standards established under
this section for any prior lease to which such requirements and
standards applied. Prior to making such determination with re-
spect to any such entity the concerned Secretary shall provide such
entity with adequate notification and an opportunity to comply
with such reclamation requirements and other standards and shall
consider whether any administrative or judicial appeal is pending.
Once the entity has complied with the reclamation requirement or
other standard concerned an oil or gas lease may be issued to such
entity under this Act.
(h) The Secretary of the Interior may not issue any lease on Na-
tional Forest System Lands reserved from the public domain over
the objection of the Secretary of Agriculture.
(i) No lease issued under this section which is subject to termi-
nation because of cessation of production shall be terminated for
this cause so long as reworking or drilling operations which were
commenced on the land prior to or within sixty days after cessation
of production are conducted thereon with reasonable diligence, or
so long as oil or gas is produced in paying quantities as a result
of such operations. No lease issued under this section shall expire
because operations or production is suspended under any order, or
with the consent, of the Secretary. No lease issued under this sec-
tion covering lands on which there is a well capable of producing
oil or gas in paying quantities shall expire because the lessee fails
to produce the same unless the lessee is allowed a reasonable time,
which shall be not less than sixty days after notice by registered
or certified mail, within which to place such well in producing sta-
tus or unless, after such status is established, production is discon-
tinued on the leased premises without permission granted by the
Secretary under the provisions of this Act.
(j) Whenever it appears to the Secretary that lands owned by the
United States are being drained of oil or gas by wells drilled on ad-
jacent lands, he may negotiate agreements whereby the United
States, or the United States and its lessees, shall be compensated
for such drainage. Such agreements shall be made with the consent
of the lessees, if any, affected thereby. If such agreement is entered
into, the primary term of any lease for which compensatory royalty
is being paid, or any extension of such primary term, shall be ex-
tended for the period during which such compensatory royalty is
paid and for a period of one year from discontinuance of such pay-
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ment and so long thereafter as oil or gas is produced in paying
quantities.
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(k) If, during the primary term or any extended term of any lease
issued under this section, a verified statement is filed by any min-
ing claimant pursuant to subsection (c) of section 7 of the Multiple
Mineral Development Act of August 13, 1954 (68 Stat. 708), as
amended (30 U.S.C. 527), whether such filing occur prior to enact-
ment of the Mineral Leasing Act Revision of 1960 or thereafter, as-
serting the existence of a conflicting unpatented mining claim or
claims upon which diligent work is being prosecuted as to any
lands covered by the lease, the running of time under such lease
shall be suspended as to the lands involved from the first day of
the month following the filing of such verified statement until a
final decision is rendered in the matter.
(l) The Secretary of the Interior shall, upon timely application
therefor, issue a new lease in exchange for any lease issued for a
term of twenty years, or any renewal thereof, or any lease issued
prior to August 8, 1946, in exchange for a twenty-year lease, such
new lease to be for a primary term of five years and so long there-
after as oil or gas is produced in paying quantities and at a royalty
rate of not less than ø121⁄2 per centum¿ 18.75 percent in amount
of value of the production removed or sold from such leases, except
that the royalty rate shall be ø121⁄2 per centum¿ 18.75 percent in
amount or value of the production removed or sold from said leases
as to (1) such leases, or such parts of the lands subject thereto and
the deposits underlying the same, as are not believed to be within
the productive limits of any producing oil or gas deposit, as such
productive limits are found by the Secretary to have existed on Au-
gust 8, 1946; and (2) any production on a lease from an oil or gas
deposit which was discovered after May 27, 1941, by a well or wells
drilled within the boundaries of the lease, and which is determined
by the Secretary to be a new deposit; and (3) any production on or
allocated to a lease pursuant to an approved cooperative or unit
plan of development or operation from an oil or gas deposit which
was discovered after May 27, 1941, on land committed to such
plan, and which is determined by the Secretary to be a new de-
posit, where such lease, or a lease for which it is exchanged, was
included in such plan at the time of discovery or was included in
a duly executed and filed application for the approval of such plan
at the time of discovery.
(m) For the purpose of more properly conserving the natural re-
sources of any oil or gas pool, field, or like area, or any part thereof
(whether or not any part of said oil or gas pool, field, or like area,
is then subject to any cooperative or unit plan of development or
operation), lessees thereof and their representatives may unite
with each other, or jointly or separately with others, in collective
adopting and operating under a cooperative or unit plan of develop-
ment or operation of such pool, field, or like area, or any part
thereof, whenever determined and certified by the Secretary of the
Interior to be necessary or advisable in the public interest. The
Secretary is thereunto authorized, in his discretion, with the con-
sent of the holders of leases involved, to establish, alter, change, or
revoke drilling, producing, rental, minimum royalty, and royalty re-
quirements of such leases and to make such regulations with ref-
erence to such leases, with like consent on the part of the lessees,
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in connection with the institution and operation of any such cooper-
ative or unit plan as he may deem necessary or proper to secure
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the proper protection of the public interest. The Secretary may pro-
vide that oil and gas leases hereafter issued under this Act shall
contain a provision requiring the lessee to operate under such a
reasonable cooperative or unit plan, and he may prescribe such a
plan under which such lessee shall operate, which shall adequately
protect the rights of all parties in interest, including the United
States.
Any plan authorized by the preceding paragraph which includes
lands owned by the United States may, in the discretion of the Sec-
retary, contain a provision whereby authority is vested in the Sec-
retary of the Interior, or any such person, committee, or State or
Federal officer or agency as may be designated in the plan, to alter
or modify from time to time the rate of prospecting and develop-
ment and the quantity and rate of production under such plan. All
leases operated under any such plan approved or prescribed by the
Secretary shall be excepted in determining holdings or control
under the provisions of any section of this Act.
When separate tracts cannot be independently developed and op-
erated in conformity with an established well-spacing or develop-
ment program, any lease, or a portion thereof, may be pooled with
other lands, whether or not owned by the United States, under a
communitization or drilling agreement providing for an apportion-
ment of production or royalties among the separate tracts of land
comprising the drilling or spacing unit when determined by the
Secretary of the Interior to be in the public interest, and operations
or production pursuant to such an agreement shall be deemed to
be operations or production as to each such lease committed there-
to.
Any lease issued for a term of twenty years, or any renewal
thereof, or any portion of such lease that has become the subject
of a cooperative or unit plan of development or operation of a pool,
field, or like area, which plan has the approval of the Secretary of
the Interior, shall continue in force until the termination of such
plan. Any other lease issued under any section of this Act which
has heretofore or may hereafter be committed to any such plan
that contains a general provision for allocation of oil or gas shall
continue in force and effect as to the land committed so long as the
lease remains subject to the plan: Provided, That production is had
in paying quantities under the plan prior to the expiration date of
the term of such lease. Any lease heretofore or hereafter committed
to any such plan embracing lands that are in part within and in
part outside of the area covered by any such plan shall be seg-
regated into separate leases as to the lands committed and the
lands not committed as of the effective date of unitization: Pro-
vided, however, That any such lease as to the nonunitized portion
shall continue in force and effect for the term thereof but for not
less than two years from the date of such segregation and so long
thereafter as oil or gas is produced in paying quantities. The min-
imum royalty or discovery rental under any lease that has become
subject to any cooperative or unit plan of development or operation,
or other plan that contains a general provision for allocation of oil
or gas, shall be payable only with respect to the lands subject to
such lease to which oil or gas shall be allocated under such plan.
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Any lease which shall be eliminated from any such approved or
prescribed plan, or from any communitization or drilling agreement
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authorized by this section, and any lease which shall be in effect
at the termination of any such approved or prescribed plan, or at
the termination of any such communitization or drilling agreement,
unless relinquished, shall continue in effect for the original term
thereof, but for not less than two years, and so long thereafter as
oil or gas is produced in paying quantities.
The Secretary of the Interior is hereby authorized, on such condi-
tions as he may prescribe, to approve operating, drilling, or devel-
opment contracts made by one or more lessees of oil or gas leases,
with one or more persons, associations, or corporations whenever,
in his discretion, the conservation of natural products or the public
convenience or necessity may require it or the interests of the
United States may be best subserved thereby. All leases operated
under such approved operating, drilling, or development contracts,
and interests thereunder, shall be excepted in determining holdings
or control under the provisions of this Act.
The Secretary of the Interior, to avoid waste or to promote con-
servation of natural resources, may authorize the subsurface stor-
age of oil or gas, whether or not produced from federally owned
lands, in lands leased or subject to lease under this Act. Such au-
thorization may provide for the payment of a storage fee or rental
on such stored oil or gas or, in lieu of such fee or rental, for a roy-
alty other than that prescribed in the lease when such stored oil
or gas is produced in conjunction with oil or gas not previously pro-
duced. Any lease on which storage is so authorized shall be ex-
tended at least for the period of storage and so long thereafter as
oil or gas not previously produced is produced in paying quantities.
(n)(1)(A) The owner of (1) an oil and gas lease issued prior to the
date of enactment of the Combined Hydrocarbon Leasing Act of
1981 or (2) a valid claim to any hydrocarbon resources leasable
under this section based on a mineral location made prior to Janu-
ary 21, 1926, and located within a special tar sand area shall be
entitled to convert such lease or claim to a combined hydrocarbon
lease for a primary term of ten years upon the filing of an applica-
tion within two years from the date of enactment of that Act con-
taining an acceptable plan of operations which assures reasonable
protection of the environment and diligent development of those re-
sources requiring enhanced recovery methods of development or
mining. For purposes of conversion, no claim shall be deemed in-
valid solely because it was located as a placer location rather than
a lode location or vice versa, notwithstanding any previous adju-
dication on that issue.
(B) The Secretary shall issue final regulations to implement this
section within six months of the effective date of this Act. If any
oil and gas lease eligible for conversion under this section would
otherwise expire after the date of this Act and before six months
following the issuance of implementing regulations, the lessee may
preserve his conversion right under such lease for a period ending
six months after the issuance of implementing regulations by filing
with the Secretary, before the expiration of the lease, a notice of
intent to file an application for conversion. Upon submission of a
complete plan of operations in substantial compliance with the reg-
ulations promulgated by the Secretary for the filing of such plans,
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the Secretary shall suspend the running of the term of any oil and
gas lease proposed for conversion until the plan is finally approved
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127
or disapproved. The Secretary shall act upon a proposed plan of op-
erations within fifteen months of its submittal.
(C) When an existing oil and gas lease is converted to a combined
hydrocarbon lease, the royalty shall be that provided for in the
original oil and gas lease and for a converted mining claim, ø121⁄2
per centum¿ 18.75 percent in amount or value of production re-
moved or sold from the lease.
(2) Except as provided in this section, nothing in the Combined
Hydrocarbon Leasing Act of 1981 shall be construed to diminish or
increase the rights of any lessee under any oil and gas lease issued
prior to the enactment of such Act.
(o) CERTAIN OUTSTANDING OIL AND GAS.—(1) Prior to the com-
mencement of surface-disturbing activities relating to the develop-
ment of oil and gas deposits on lands described under paragraph
(5), the Secretary of Agriculture shall require, pursuant to regula-
tions promulgated by the Secretary, that such activities be subject
to terms and conditions as provided under paragraph (2).
(2) The terms and conditions referred to in paragraph (1) shall
require that reasonable advance notice be furnished to the Sec-
retary of Agriculture at least 60 days prior to the commencement
of surface disturbing activities.
(3) Advance notice under paragraph (2) shall include each of the
following items of information:
(A) A designated field representative.
(B) A map showing the location and dimensions of all im-
provements, including but not limited to, well sites and road
and pipeline accesses.
(C) A plan of operations, of an interim character if necessary,
setting forth a schedule for construction and drilling.
(D) A plan of erosion and sedimentation control.
(E) Proof of ownership of mineral title.
Nothing in this subsection shall be construed to affect any author-
ity of the State in which the lands concerned are located to impose
any requirements with respect to such oil and gas operations.
(4) The person proposing to develop oil and gas deposits on lands
described under paragraph (5) shall either—
(A) permit the Secretary to market merchantable timber
owned by the United States on lands subject to such activities;
or
(B) arrange to purchase merchantable timber on lands sub-
ject to such surface disturbing activities from the Secretary of
Agriculture, or otherwise arrange for the disposition of such
merchantable timber, upon such terms and upon such advance
notice of the items referred to in subparagraphs (A) through
(E) of paragraph (3) as the Secretary may accept.
(5)(A) The lands referred to in this subsection are those lands
referenced in subparagraph (B) which are under the administration
of the Secretary of Agriculture where the United States acquired
an interest in such lands pursuant to the Act of March 1, 1911 (36
Stat. 961 and following), but does not have an interest in oil and
gas deposits that may be present under such lands. This subsection
does not apply to any such lands where, under the provisions of its
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acquisition of an interest in the lands, the United States is to ac-
quire any oil and gas deposits that may be present under such
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128
lands in the future but such interest has not yet vested with the
United States.
(B) This subsection shall only apply in the Allegheny National
Forest.
(p) DEADLINES FOR CONSIDERATION OF APPLICATIONS FOR PER-
MITS.—
(1) IN GENERAL.—Not later than 10 days after the date on
which the Secretary receives an application for any permit to
drill, the Secretary shall—
(A) notify the applicant that the application is complete;
or
(B) notify the applicant that information is missing and
specify any information that is required to be submitted
for the application to be complete.
(2) ISSUANCE OR DEFERRAL.—Not later than 30 days after the
applicant for a permit has submitted a complete application,
the Secretary shall—
(A) issue the permit, if the requirements under the Na-
tional Environmental Policy Act of 1969 and other applica-
ble law have been completed within such timeframe; or
(B) defer the decision on the permit and provide to the
applicant a notice—
(i) that specifies any steps that the applicant could
take for the permit to be issued; and
(ii) a list of actions that need to be taken by the
agency to complete compliance with applicable law to-
gether with timelines and deadlines for completing
such actions.
(3) REQUIREMENTS FOR DEFERRED APPLICATIONS.—
(A) IN GENERAL.—If the Secretary provides notice under
paragraph (2)(B), the applicant shall have a period of 2
years from the date of receipt of the notice in which to
complete all requirements specified by the Secretary, in-
cluding providing information needed for compliance with
the National Environmental Policy Act of 1969.
(B) ISSUANCE OF DECISION ON PERMIT.—If the applicant
completes the requirements within the period specified in
subparagraph (A), the Secretary shall issue a decision on
the permit not later than 10 days after the date of comple-
tion of the requirements described in subparagraph (A),
unless compliance with the National Environmental Policy
Act of 1969 and other applicable law has not been com-
pleted within such timeframe.
(C) DENIAL OF PERMIT.—If the applicant does not com-
plete the requirements within the period specified in sub-
paragraph (A) or if the applicant does not comply with ap-
plicable law, the Secretary shall deny the permit.
* * * * * * *
SEC. 31. (a) Except as otherwise herein provided, any lease
issued under the provisions of this Act may be forfeited and can-
celed by an appropriate proceeding in the United States district
court for the district in which the property, or some part thereof,
is located whenever the lessee fails to comply with any of the provi-
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sions of this Act, of the lease, or of the general regulations promul-
gated under this Act and in force at the date of the lease; and the
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129
lease may provide for resort to appropriate methods for the settle-
ment of disputes or for remedies for breach of specified conditions
thereof.
(b) Any lease issued after August 21, 1935, under the provisions
of section 17 of this Act shall be subject to cancellation by the Sec-
retary of the Interior after 30 days notice upon the failure of the
lessee to comply with any of the provisions of the lease, unless or
until the leasehold contains a well capable of production of oil or
gas in paying quantities, or the lease is committed to an approved
cooperative or unit plan or communitization agreement under sec-
tion 17(m) of this Act which contains a well capable of production
of unitized substances in paying quantities. Such notice in advance
of cancellation shall be sent the lease owner by registered letter di-
rected to the lease owner’s record post-office address, and in case
such letter shall be returned as undelivered, such notice shall also
be posted for a period of thirty days in the United States land office
for the district in which the land covered by such lease is situated,
or in the event that there is no district land office for such district,
then in the post office nearest such land. Notwithstanding the pro-
visions of this section, however, upon failure of a lessee to pay rent-
al on or before the anniversary date of the lease, for any lease on
which there is no well capable of producing oil or gas in paying
quantities, the lease shall automatically terminate by operation of
law: Provided, however, That when the time for payment falls upon
any day in which the proper office for payment is not open, pay-
ment may be received the next official working day and shall be
considered as timely made: Provided, That if the rental payment
due under a lease is paid on or before the anniversary date but ei-
ther (1) the amount of the payment has been or is hereafter defi-
cient and the deficiency is nominal, as determined by the Secretary
by regulation, or (2) the payment was calculated in accordance with
the acreage figure stated in the lease, or in any decision affecting
the lease, or made in accordance with a bill or decision which has
been rendered by him and such figure, bill, or decision is found to
be in error resulting in a deficiency, such lease shall not automati-
cally terminate unless (1) a new lease had been issued prior to the
date of this Act or (2) the lessee fails to pay the deficiency within
a period prescribed in a notice of deficiency sent to him by the Sec-
retary.
(c) Where any lease has been or is hereafter terminated auto-
matically by operation of law under this section for failure to pay
on or before the anniversary date the full amount of rental due, but
such rental was paid on or tendered within twenty days thereafter,
and it is shown to the satisfaction of the Secretary of the Interior
that such failure was either justifiable or not due to a lack of rea-
sonable diligence on the part of the lessee, the Secretary may rein-
state the lease if—
(1) a petition for reinstatement, together with the required
rental, including back rental accruing from the date of termi-
nation of the lease, is filed with the Secretary; and
(2) no valid lease has been issued affecting any of the lands
covered by the terminated lease prior to the filing of said peti-
tion. The Secretary shall not issue any new lease affecting any
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of the lands covered by such terminated lease for a reasonable
period, as determined in accordance with regulations issued by
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130
him. In any case where a reinstatement of a terminated lease
is granted under this subsection and the Secretary finds that
the reinstatement of such lease will not afford the lessee a rea-
sonable opportunity to continue operations under the lease, the
Secretary may, at his discretion, extend the term of such lease
for such period as he deems reasonable: Provided, That (A)
such extension shall not exceed a period equivalent to the time
beginning when the lessee knew or should have known of the
termination and ending on the date the Secretary grants such
petition; (B) such extension shall not exceed a period equal to
the unexpired portion of the lease or any extension thereof re-
maining at the date of termination; and (C) when the rein-
statement occurs after the expiration of the term or extension
thereof the lease may be extended from the date the Secretary
grants the petition.
(d)(1) Where any oil and gas lease issued pursuant to section
17(b) or section 17(c) of this Act or the Mineral Leasing Act for Ac-
quired Lands (30 U.S.C. 351 et seq.) has been, or is hereafter, ter-
minated automatically by operation of law under this section for
failure to pay on or before the anniversary date the full amount of
the rental due, and such rental is not paid or tendered within
twenty days thereafter, and it is shown to the satisfaction of the
Secretary of the Interior that such failure was justifiable or not due
to lack of reasonable diligence on the part of the lessee, or, no mat-
ter when the rental is paid after termination, it is shown to the
satisfaction of the Secretary that such failure was inadvertent, the
Secretary may reinstate the lease as of the date of termination for
the unexpired portion of the primary term of the original lease or
any extension thereof remaining at the date of termination, and so
long thereafter as oil or gas is produced in paying quantities. In
any case where a lease is reinstated under this subsection and the
Secretary finds that the reinstatement of such lease (A) occurs
after the expiration of the primary term or any extension thereof,
or (B) will not afford the lessee a reasonable opportunity to con-
tinue operations under the lease, the Secretary may, at his discre-
tion, extend the term of such lease for such period as he deems rea-
sonable, but in no event for more than two years from the date the
Secretary authorizes the reinstatement and so long thereafter as
oil or gas is produced in paying quantities.
(2) No lease shall be reinstated under paragraph (1) of this sub-
section unless—
(A) with respect to any lease that terminated under sub-
section (b) on or before the date of the enactment of the Energy
Policy Act of 2005, a petition for reinstatement (together with
the required back rental and royalty accruing after the date of
termination) is filed on or before the earlier of—
(i) 60 days after the lessee receives from the Secretary
notice of termination, whether by return of check or by any
other form of actual notice; or
(ii) 15 months after the termination of the lease; or
(B) with respect to any lease that terminates under sub-
section (b) after the date of the enactment of the Energy Policy
Act of 2005, a petition for reinstatement (together with the re-
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quired back rental and royalty accruing after the date of termi-
nation) is filed on or before the earlier of—
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131
(i) 60 days after receipt of the notice of termination sent
by the Secretary by certified mail to all lessees of record;
or
(ii) 24 months after the termination of the lease.
(e) Any reinstatement under subsection (d) of this section shall
be made only if these conditions are met:
(1) no valid lease, whether still in existence or not, shall
have been issued affecting any of the lands covered by the ter-
minated lease prior to the filing of such petition: Provided,
however, That after receipt of a petition for reinstatement, the
Secretary shall not issue any new lease affecting any of the
lands covered by such terminated lease for a reasonable period,
as determined in accordance with regulations issued by him;
(2) payment of back rentals and either the inclusion in a re-
instated lease issued pursuant to the provisions of section 17(b)
of this Act of a requirement for future rentals at a rate of not
less than $10 per acre per year, or the inclusion in a reinstated
lease issued pursuant to the provisions of section 17(c) of this
Act of a requirement that future rentals shall be at a rate not
less than $5 per acre per year, all as determined by the Sec-
retary;
(3)(A) payment of back royalties and the inclusion in a rein-
stated lease issued pursuant to the provisions of section 17(b)
of this Act of a requirement for future royalties at a rate of not
less than ø162⁄3¿ 25 percent computed on a sliding scale based
upon the average production per well per day, at a rate which
shall be not less than 4 percentage points greater than the
competitive royalty schedule then in force and used for royalty
determination for competitive leases issued pursuant to such
section as determined by the Secretary: Provided, That royalty
on such reinstated lease shall be paid on all production re-
moved or sold from such lease subsequent to the termination
of the original lease;
(B) payment of back royalties and inclusion in a reinstated
lease issued pursuant to the provisions of section 17(c) of this
Act of a requirement for future royalties at a rate not less than
ø162⁄3¿ 25 percent: Provided, That royalty on such reinstated
lease shall be paid on all production removed or sold from such
lease subsequent to the cancellation or termination of the origi-
nal lease; and
(4) notice of the proposed reinstatement of a terminated
lease, including the terms and conditions of reinstatement,
shall be published in the Federal Register at least thirty days
in advance of the reinstatement.
A copy of said notice, together with information concerning rental,
royalty, volume of production, if any, and any other matter which
the Secretary deemed significant in making this determination to
reinstate, shall be furnished to the Committee on Natural Re-
sources of the House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate at least thirty days in
advance of the reinstatement. The lessee of a reinstated lease shall
reimburse the Secretary for the administrative costs of reinstating
the lease, but not to exceed $500. In addition the lessee shall reim-
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burse the Secretary for the cost of publication in the Federal Reg-
ister of the notice of proposed reinstatement.
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132
(f) Where an unpatented oil placer mining claim validly located
prior to February 24, 1920, which has been or is currently pro-
ducing or is capable of producing oil or gas, has been or is hereafter
deemed conclusively abandoned for failure to file timely the re-
quired instruments or copies of instruments required by section
314 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1744), and it is shown to the satisfaction of the Secretary
that such failure was inadvertent, justifiable, or not due to lack of
reasonable diligence on the part of the owner, the Secretary may
issue, for the lands covered by the abandoned unpatented oil placer
mining claim, a noncompetitive oil and gas lease, consistent with
the provisions of section 17(e) of this Act, to be effective from the
statutory date the claim was deemed conclusively abandoned.
Issuance of such a lease shall be conditioned upon:
(1) a petition for issuance of a noncompetitive oil and gas
lease, together with the required rental and royalty, including
back rental and royalty accruing from the statutory date of
abandonment of the oil placer mining claim, being filed with
the Secretary—
(A) with respect to any claim deemed conclusively aban-
doned on or before the date of enactment of the Federal
Oil and Gas Royalty Management Act of 1982, on or before
the one hundred and twentieth day after such date of en-
actment, or
(B) with respect to any claim deemed conclusively aban-
doned after such date of enactment, on or before the one
hundred and twentieth day after final notification by the
Secretary or a court of competent jurisdiction of the deter-
mination of the abandonment of the oil placer mining
claim;
(2) a valid lease not having been issued affecting any of the
lands covered by the abandoned oil placer mining claim prior
to the filing of such petition: Provided, however, That after the
filing of a petition for issuance of a lease under this subsection,
the Secretary shall not issue any new lease affecting any of the
lands covered by such abandoned oil placer mining claim for a
reasonable period, as determined in accordance with regula-
tions issued by him;
(3) a requirement in the lease for payment of rental, includ-
ing back rentals accruing from the statutory date of abandon-
ment of the oil placer mining claim, of not less than $5 per
acre per year;
(4) a requirement in the lease for payment of royalty on pro-
duction removed or sold from the oil placer mining claim, in-
cluding all royalty on production made subsequent to the stat-
utory date the claim was deemed conclusively abandoned, of
not less than 121⁄2 percent; and
(5) compliance with the notice and reimbursement of costs
provisions of paragraph (4) of subsection (e) but addressed to
the petition covering the conversion of an abandoned
unpatented oil placer mining claim to a noncompetitive oil and
gas lease.
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(g)(1) Except as otherwise provided in this section, a reinstated
lease shall be treated as a competitive or a noncompetitive oil and
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133
gas lease in the same manner as the original lease issued pursuant
to section 17(b) or 17(c) of this Act.
(2) Except as otherwise provided in this section, the issuance of
a lease in lieu of an abandoned patented oil placer mining claim
shall be treated as a noncompetitive oil and gas lease issued pursu-
ant to section 17(c) of this Act.
(3) Notwithstanding any other provision of law, any lease issued
pursuant to section 14 of this Act shall be eligible for reinstatement
under the terms and conditions set forth in subsections (c), (d), and
(e) of this section, applicable to leases issued under subsection 17(c)
of this Act (30 U.S.C. 226(c)) except, that, upon reinstatement, such
lease shall continue for twenty years and so long thereafter as oil
or gas is produced in paying quantities.
(4) Notwithstanding any other provision of law, any lease issued
pursuant to section 14 of the Act shall, upon renewal on or after
enactment of this paragraph, continue for twenty years and so long
thereafter as oil or gas is produced in paying quantities.
(h) The minimum royalty provisions of section 17(m) and the pro-
visions of section 39 of this Act shall be applicable to leases issued
pursuant to subsections (d) and (f) of this section.
(i)(1) In acting on a petition to issue a noncompetitive oil and gas
lease, under subsection (f) of this section or in response to a re-
quest filed after issuance of such a lease, or both, the Secretary is
authorized to reduce the royalty on such lease if in his judgment
it is equitable to do so or the circumstances warrant such relief due
to uneconomic or other circumstances which could cause undue
hardship or premature termination of production.
(2) In acting on a petition for reinstatement pursuant to sub-
section (d) of this section or in response to a request filed after re-
instatement, or both, the Secretary is authorized to reduce the roy-
alty in that reinstated lease on the entire leasehold or any tract or
portion thereof segregated for royalty purposes if, in his judgment,
there are uneconomic or other circumstances which could cause
undue hardship or premature termination of production; or because
of any written action of the United States, its agents or employees,
which preceded, and was a major consideration in, the lessee’s ex-
penditure of funds to develop the property under the lease after the
rent had become due and had not been paid; or if in the judgment
of the Secretary it is equitable to do so for any reason.
(j) Where, in the judgment of the Secretary of the Interior, drill-
ing operations were being diligently conducted on the last day of
the primary term of the lease, and, except for nonpayment or rent-
al, the lessee would have been entitled to extension of his lease,
pursuant to section 4(d) of the Act of September 2, 1960 (74 Stat.
790), the Secretary of the Interior may reinstate such lease not-
withstanding the failure of the lessee to have made payment of the
next year’s rental, provided the conditions of subparagraphs (1) and
(2) of section (c) are satisfied.
* * * * * * *
SEC. 35. (a) øAll¿ Except as provided in subsection (e), all money
received from sales, bonuses, royalties including interest charges
collected under the Federal Oil and Gas Royalty Management Act
of 1982, and rentals of the public lands under the provisions of this
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Act and the Geothermal Steam Act of 1970, shall be paid into the
Treasury of the United States; 50 per centum thereof shall be paid
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134
by the Secretary of the Treasury to the State other than Alaska
within the boundaries of which the leased lands or deposits are or
were located; said moneys paid to any of such States on or after
January 1, 1976, to be used by such State and its subdivisions, as
the legislature of the State may direct giving priority to those sub-
divisions of the State socially or economically impacted by develop-
ment of minerals leased under this Act, for (i) planning, (ii) con-
struction and maintenance of public facilities, and (iii) provision of
public service; and excepting those from Alaska, 40 per centum
thereof shall be paid into, reserved, appropriated, as part of the
reclamation fund created by the Act of Congress known as the Rec-
lamation Act, approved June 17, 1902, and of those from Alaska as
soon as practicable after March 31 and September 30 of each year,
90 per centum thereof shall be paid to the State of Alaska for dis-
position by the legislature thereof: Provided, That all moneys which
may accrue to the United States under the provisions of this Act
and the Geothermal Steam Act of 1970 from lands within the naval
petroleum reserves shall be deposited in the Treasury as ‘‘miscella-
neous receipts’’, as provided by section 8733(b) of title 10, United
States Code. All moneys received under the provisions of this Act
and the Geothermal Steam Act of 1970 not otherwise disposed of
by this section shall be credited to miscellaneous receipts. Pay-
ments to States under this section with respect to any moneys re-
ceived by the United States, shall be made not later than the last
business day of the month in which such moneys are warranted by
the United States Treasury to the Secretary as having been re-
ceived, except for any portion of such moneys which is under chal-
lenge and placed in a suspense account pending resolution of a dis-
pute. Such warrants shall be issued by the United States Treasury
not later than 10 days after receipt of such moneys by the Treas-
ury. Moneys placed in a suspense account which are determined to
be payable to a State shall be made not later than the last business
day of the month in which such dispute is resolved. Any such
amount placed in a suspense account pending resolution shall bear
interest until the dispute is resolved.
(b) DEDUCTION FOR ADMINISTRATIVE COSTS.—In determining the
amount of payments to the States under this section, beginning in
fiscal year 2014 and for each year thereafter, the amount of such
payments shall be reduced by 2 percent for any administrative or
other costs incurred by the United States in carrying out the pro-
gram authorized by this Act, and the amount of such reduction
shall be deposited to miscellaneous receipts of the Treasury.
(c)(1) Notwithstanding the first sentence of subsection (a), any
rentals received from leases in any State (other than the State of
Alaska) on or after the date of enactment of this subsection shall
be deposited in the Treasury, to be allocated in accordance with
paragraph (2).
(2) Of the amounts deposited in the Treasury under paragraph
(1)—
(A) 50 percent shall be paid by the Secretary of the Treasury
to the State within the boundaries of which the leased land is
located or the deposits were derived; and
(B) 50 percent shall be deposited in a special fund in the
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Treasury, to be known as the ‘‘BLM Permit Processing Im-
provement Fund’’ (referred to in this subsection as the ‘‘Fund’’).
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135
(3) USE OF FUND.—
(A) IN GENERAL.—The Fund shall be available to the
Secretary of the Interior for expenditure, without further
appropriation and without fiscal year limitation, for the co-
ordination and processing of oil and gas use authorizations
on onshore Federal and Indian trust mineral estate land.
(B) ACCOUNTS.—The Secretary shall divide the Fund
into—
(i) a Rental Account (referred to in this subsection
as the ‘‘Rental Account’’) comprised of rental receipts
collected under this section; and
(ii) a Fee Account (referred to in this subsection as
the ‘‘Fee Account’’) comprised of fees collected under
subsection (d).
(4) RENTAL ACCOUNT.—
(A) IN GENERAL.—The Secretary shall use the Rental Ac-
count for—
(i) the coordination and processing of oil and gas use
authorizations on onshore Federal and Indian trust
mineral estate land under the jurisdiction of the
Project offices identified under section 365(d) of the
Energy Policy Act of 2005 (42 U.S.C. 15924(d)); and
(ii) training programs for development of expertise
related to coordinating and processing oil and gas use
authorizations.
(B) ALLOCATION.—In determining the allocation of the
Rental Account among Project offices for a fiscal year, the
Secretary shall consider—
(i) the number of applications for permit to drill re-
ceived in a Project office during the previous fiscal
year;
(ii) the backlog of applications described in clause (i)
in a Project office;
(iii) publicly available industry forecasts for develop-
ment of oil and gas resources under the jurisdiction of
a Project office; and
(iv) any opportunities for partnership with local in-
dustry organizations and educational institutions in
developing training programs to facilitate the coordi-
nation and processing of oil and gas use authoriza-
tions.
(5) FEE ACCOUNT.—
(A) IN GENERAL.—The Secretary shall use the Fee Ac-
count for the coordination and processing of oil and gas
use authorizations on onshore Federal and Indian trust
mineral estate land.
(B) ALLOCATION.—The Secretary shall transfer not less
than 75 percent of the revenues collected by an office for
the processing of applications for permits to the State of-
fice of the State in which the fees were collected.
(d) BLM OIL AND GAS PERMIT PROCESSING FEE.—
(1) IN GENERAL.—Notwithstanding any other provision of
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law, for each of fiscal years 2016 through 2026, the Secretary,
acting through the Director of the Bureau of Land Manage-
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ment, shall collect a fee for each new application for a permit
to drill that is submitted to the Secretary.
(2) AMOUNT.—The amount of the fee shall be $9,500 for each
new application, as indexed for United States dollar inflation
from October 1, 2015 (as measured by the Consumer Price
Index).
(3) USE.—Of the fees collected under this subsection for a fis-
cal year, the Secretary shall transfer—
(A) for each of fiscal years 2016 through 2019—
(i) 15 percent to the field offices that collected the
fees and used to process protests, leases, and permits
under this Act, subject to appropriation; and
(ii) 85 percent to the BLM Permit Processing Im-
provement Fund established under subsection (c)(2)(B)
(referred to in this subsection as the ‘‘Fund’’); and
(B) for each of fiscal years 2020 through 2026, all of the
fees to the Fund.
(4) ADDITIONAL COSTS.—During each of fiscal years of 2016
through 2026, the Secretary shall not implement a rulemaking
that would enable an increase in fees to recover additional
costs related to processing applications for permits to drill.
(e) DISTRIBUTION OF CERTAIN AMOUNTS.—Notwithstanding sub-
section (a), the amount of any increase in revenues collected as a re-
sult of the amendments made by subsection (b) of section 29 of the
Environmental Justice For All Act shall be deposited and distrib-
uted in accordance with subsection (d) of that section.
* * * * * * *
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DISSENTING VIEWS
H.R. 2021 aims to address issues of ‘‘environmental justice’’ (EJ)
which the bill defines as ‘‘the fair treatment and meaningful in-
volvement of all people regardless of race, color, culture, national
origin, or income, with respect to the development, implementation,
and enforcement of environmental laws, regulations and policies.’’
However, the definition of an ‘‘EJ Community’’ in the bill only in-
cludes communities with ‘‘significant representation of communities
of color, low-income communities, or Tribal and Indigenous commu-
nities.’’
H.R. 2021 is largely duplicative of existing federal efforts as EJ
concerns are already considered by federal agencies in compliance
with Executive Order (E.O.) 12898, which was issued in 1994.1
Among other things, E.O. 12898 called on federal agencies to ana-
lyze the environmental impacts of federal actions on minority and
low-income communities when conducting analysis under the Na-
tional Environmental Policy Act of 1969 (NEPA).2
Further, H.R. 2021 does not consider the potential benefits of
proposed projects to impacted EJ communities that could result in
better health and economic outcomes for households and commu-
nities over time. For example, new construction of a natural gas
pipeline can generate thousands of well-paying jobs and access to
reliable, affordable baseload energy for households and commu-
nities, minimizing energy poverty and creating economic oppor-
tunity. In fact, last Congress this Committee held a hearing on a
similar bill and the Republican witness for that hearing, Derrick
Hollie, President of Reaching America, urged Congress to address
energy poverty by increasing access to affordable energy for minor-
ity communities.
H.R. 2021 would be successful in slowing or stopping all projects
in EJ Communities by creating increased reviews on top of the al-
ready burdensome NEPA process and other statutes and more op-
portunities for litigation. Specifically, H.R. 2021 would require
‘‘community impact reports’’ for federal actions that require an en-
vironmental impact statement (EIS) under NEPA. These commu-
nity impact reports would consider the impacts of an action on en-
vironmental communities as well as public health data. The section
of the bill would add additional requirements (public comment peri-
ods, public meetings and hearings) for any action under NEPA that
may impact an EJ community.
1 Executive Order 12898, Federal Actions To Address Environmental Justice in Minority Popu-
lations and Low-Income Populations, Wednesday February 16, 1994, https://www.archives.gov/
files/federal-register/executive-orders/pdf/12898.pdf.
2 The White House, Memorandum for the Heads of all Departments and Agencies: Executive
Order on Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations, https://www.epa.gov/sites/default/files/2015–02/documents/clinton_memo_
12898.pdf.
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H.R. 2021 would also amend the Mineral Leasing Act to increase
the royalty rate for coal and oil and gas produced on federal lands
from 12.5 percent to 18.75 percent and would make lease sales op-
tional for BLM. The section of the bill would also change the roy-
alty rate for reinstated leases from 16 2/3 percent to 25 percent and
adds a new $4 per acre per year fee on producing federal offshore
and onshore leases and a $6 per acre per year fee on non-producing
leases. The funds from these new fees would go to a new Federal
Energy Transition Economic Development Assistance Fund (Fund)
and the ‘‘increased’’ revenues from royalties would be split between
the new Fund and states. These changes conflict with the Inflation
Reduction Act and would likely have a devastating impact on oil
and gas production on federal lands and waters and would result
in decreased royalties paid, higher energy prices for American fam-
ilies and significant job loss.
Lastly, due to its wide-ranging impacts, H.R. 2021 has been re-
ferred to six House committees but has so far only received a hear-
ing in the House Committee on Natural Resources.
For these reasons, I oppose H.R. 2021.
BRUCE WESTERMAN.
Æ
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