[House Report 117-687]
[From the U.S. Government Publishing Office]
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 recommends 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.
Sec. 24. Cosmetic labeling.
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 impacting 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 populations, such as persons with
disabilities, children, and the elderly, are disproportionately
burdened by environmental hazards that include exposure to
polluted air, waterways, and landscapes.
(2) Environmental justice disparities are also exhibited
through a lack of equitable 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 burden of adverse human
health or environmental effects, a higher risk of intentional,
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 communities to be meaningfully engaged as partners and
stakeholders in government decision making as the United States
builds its climate resilience.
(5) Potential environmental and climate threats to
environmental justice communities 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 industries 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 populations) 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 justice and reporting on their progress
in enacting those plans.
(8) Government action to correct environmental injustices is
a moral imperative. Federal policy can and should improve
public health and improve the overall 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 ensure that workers and communities in
deindustrialized areas have access to the resources and
benefits of a sustainable future. That transition must also
address the economic disparities experienced by residents
living in areas contaminated by pollution or environmental
degradation, including access to jobs, and members of those
communities must be fully and meaningfully involved in
transition planning processes.
(11) It is the responsibility of the Federal Government to
seek to achieve environmental 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 environmental
effects of its programs, policies, practices, and activities on
communities 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;
(3) provide direct guidance and technical assistance to
communities experiencing environmental injustice focused on
increasing shared understanding of the science, laws,
regulations, and policy related to Federal agency action on
environmental justice issues;
(4) cooperate with State governments, Indian Tribes, and
local governments to address pollution and public health
burdens in communities experiencing environmental injustice,
and build healthy, sustainable, and resilient communities; 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 Environmental Justice Advisory Council established
by the President under section 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 geographically distinct area in which the population of
any of the following categories 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 Institute of Environmental Health Sciences.
(6) Disparate impact.--The term ``disparate impact'' means an
action or practice 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
environmental 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-
income 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,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that each person enjoys--
(A) the same degree of protection from environmental
and health hazards; and
(B) equal access and involvement with respect to any
Federal agency action 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.);
(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.);
(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 program, 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
environmental effects resulting from such program, policy,
practice, or activity, as determined through consultation with,
and with the meaningful participation of, individuals from the
communities affected by a program, policy, practice, or
activity 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 nonprofit corporation under State
law), regional or interstate governmental entity, 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 individuals 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 series of geographically contiguous blocks
representing certain common characteristics, 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
interagency council'' means the White House Environmental
Justice Interagency Council described in section 8.
(19) Tribal organizations.--The term ``Tribal Organizations''
means organizations 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 Organizations 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 Improvement 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:
``(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 national 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 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 exists, 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 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 capable of separation 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, 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
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 section, takes effect on the date of enactment of this
Act.
(2) Application.--This section, including the amendments made
by this section, applies to all actions or proceedings pending
on or after the date of enactment 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 intentional discrimination (not a
practice that is unlawful because of its disparate impact) prohibited
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 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 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
Justice For All Act.''.
SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND PERSISTENT VIOLATIONS
IN CERTAIN 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 following: ``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 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
conjunction 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
subpopulation; or
``(ii) if the Administrator determines that,
due to those potential cumulative impacts,
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 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 requirements 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
requirements 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 appropriate; 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 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.''.
(b) Clean Air Act.--
(1) Definitions.--Section 501 of the Clean Air Act (42 U.S.C.
7661) is amended--
(A) in the matter preceding paragraph (1), by
striking ``As used in this title--'' and inserting ``In
this title:'';
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (5), and (4), respectively, and moving
the paragraphs so as to appear in numerical order; and
(C) by inserting after paragraph (1) the following:
``(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,
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 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 to any potentially
exposed 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 timely 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 potentially
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
immediately 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
additional controls or
pollution prevention
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
Environmental Justice for All Act;
``(IV) if the permitting authority
determines under subclause (III) that
the applicant is a persistent violator
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
compliance 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 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
preparing the plan to
consult or negotiate
with the communities
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 expeditiously;
``(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
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 required 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 paragraph shall be treated
as a permit renewal if it complies with the
requirements 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 permit 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 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.''.
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 appropriate, 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 increasing community
understanding of the science, regulations, and policy related
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 environmental injustice, in consultation with the
National Environmental Justice Advisory 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 implementation 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 Council.
(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 conducting
outreach to environmental justice communities, State
governments, Indian Tribes, and local governments, the White
House interagency council shall develop and publish in the
Federal Register a guidance document to assist Federal agencies
in defining and applying the following terms:
(A) Health disparities.
(B) Environmental exposure disparities.
(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, implementation, 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 developed 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 finalized under section 9(b).
(g) Development of Interagency Federal Environmental Justice
Strategy.--
(1) In general.--Not less frequently than once every 3 years,
after notice and opportunity for public comment, the White
House interagency council shall update a coordinated
interagency Federal environmental justice strategy to address
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 Federal 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 Federal 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 environmental 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 developed
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 paragraph (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 Executive 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
Secretary of Transportation, and the Administrator of the
Environmental Protection Agency shall provide administrative
support for the White House interagency 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;
(B) determine the agenda of the White House
interagency council in accordance with this section;
and
(C) direct the work of the White House interagency
council.
(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 establish 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 program, 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 individual 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 finalize an
agencywide environmental justice strategy that--
(A) identifies staff to support implementation of the
Federal agency's environmental 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 activity (including any public
participation process) of the Federal agency, relating
to human health or the environment that the Federal
agency determines 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 environmental justice
communities with respect to the understanding
of the science, regulations, and policy related
to Federal agency action on environmental
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-income
communities, and Tribal and Indigenous
communities;
(II) climate change; and
(III) the inequitable distribution of
burdens and benefits of the management
and use of natural resources, including
water, minerals, and land; and
(vii) to reduce or eliminate
disproportionately adverse human health or
environmental effects on communities of color,
low-income communities, 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 revision 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 thereafter, a Federal
agency that participates in the White House interagency
council shall submit to the White House interagency
council a report describing the progress of the Federal
agency in implementing the environmental 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 interagency council, a
Federal agency shall submit to the White House
interagency 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 President a petition for an exemption of
any requirement described in this section with respect
to any program or activity of the Federal agency if the
head of the Federal agency determines that complying
with such requirement would compromise the agency's
ability to carry out its core missions.
(B) Availability to public.--Each petition submitted
by a Federal agency 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 subparagraph (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 petition would
likely--
(i) result in disproportionately adverse
human health or environmental 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 Environmental
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 President shall provide
to the individual a written notification
describing the decision of the President with
respect to the appeal.
(c) Human Health and Environmental Research, Data Collection, and
Analysis.--
(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 research, include diverse segments of the
population in epidemiological and clinical studies,
including segments at high risk from environmental
hazards, such as communities of color, low-income
communities, and Tribal and Indigenous communities;
(B) in conducting environmental or human health
analyses, identify multiple 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 Indigenous
communities the opportunity to comment on and
participate in the development and design of research
strategies carried out pursuant to this Act.
(2) Disproportionate impact.--To the maximum extent
practicable and permitted 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 information; 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 communities, 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 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 or site expected 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 required 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 economic effect on surrounding
populations.
(d) Consumption of Fish and Wildlife.--
(1) In general.--Each Federal agency shall develop, publish
(unless prohibited 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.
(4) Capacity to produce maps and reports by geographical
area.
(5) Data on national parks and other federally protected
natural, historic, and cultural sites.
(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 (including 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 information 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 Justice Guidance Under the National
Environmental Policy Act'' and dated December 10, 1997, are
enacted into law.
(2) Environmental protection agency.--The guidance issued by
the Environmental Protection Agency entitled ``EPA Policy on
Consultation and Coordination 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 Environmental Protection Agency.
(c) Functions.--The Environmental Justice Ombuds shall--
(1) in coordination with the Inspector General of the
Environmental Protection Agency, establish an independent,
neutral, accessible, confidential, and standardized process--
(A) to receive, review, and process complaints and
allegations with respect 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 specific environmental justice
programs and activities of the Environmental Protection 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 environmental 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 recommendations 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 Environmental Justice Ombuds determines
to be necessary to carry out at each regional office of the
Environmental Protection Agency the functions of the
Environmental 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 performance of the Environmental
Protection Agency; and
(D) compile and submit to the Environmental Justice
Ombuds such information as may be necessary for the
Ombuds to produce the annual report described in
subsection (c).
(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 Environmental 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 represents or otherwise serves a qualifying urban
area.
(2) Eligible nonprofit organization.--The term ``eligible
nonprofit organization'' means an organization that is
described in section 501(c)(3) of the Internal 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 Native 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 individuals 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
``Outdoor 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 Native 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 legacy 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 subparagraph (A), the Secretary shall
give priority to projects that--
(i) create or significantly enhance access to
park and recreational opportunities in an urban
neighborhood or community;
(ii) engage and empower underserved
communities and youth;
(iii) provide employment or job training
opportunities for youth or underserved
communities;
(iv) establish or expand public-private
partnerships, with a focus on leveraging
resources; and
(v) take advantage of coordination among
various levels of government.
(2) Matching requirement.--
(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 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 requirement under subparagraph (A) if the
Secretary determines that--
(i) no reasonable means are available through
which the eligible entity 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 provided 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 volunteerism;
(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, including cooperative agreements with
community-based eligible nonprofit organizations;
(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 subparagraph (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 support primarily
non-outdoor purposes; or
(v) acquisition of land or interests in land
that restrict access to specific persons.
(c) Review and Evaluation Requirements.--In carrying out the Outdoor
Recreation 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 entities (including low-income
communities and eligible entities serving low-income
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 annually 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.
(a) Definitions.--In this section:
(1) Critically underserved community.--The term ``critically
underserved community'' means--
(A) a community that can demonstrate to the Secretary
that the community 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 populations, 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 located 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 appropriate.
(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 Program 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 microtransits, 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 serving, 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 partnership projects under the program,
if available, among multiple agencies, including school
districts, nonprofit organizations, metropolitan
planning organizations, regional transportation
authorities, transit agencies, and State and local
governmental agencies (including park and recreation
agencies and authorities) to enhance investment of
public sources.
(C) Annual grant project proposal solicitation,
review, and approval.--
(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 responsibility
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 complete 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
subparagraph, as appropriate--
(I) consult with the government of
each State in which the proposed
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 approve project proposals under
the program, the Secretary shall prioritize projects
that are designed to increase access and mobility to
local or neighborhood 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 Federal land management agency, the
Secretary shall develop, by rule, transportation
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 organizations.
(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 contribution in
an amount equal to not less than 100 percent of the
amount of the grant.
(B) Sources.--The non-Federal contribution required
under subparagraph (A) may include amounts made
available from State, local, nongovernmental, 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 related education materials for,
critically underserved communities to increase access
and mobility to Federal and non-Federal public land,
waters, parkland, and monuments; and
(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--
(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 preparation
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 maintained 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 Secretary 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 Recreation Act (16 U.S.C. 6804 note; Public Law 116-9) is amended
by striking paragraph (5).
SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES AGAINST
HARMFUL FEDERAL ACTIONS.
(a) Purpose.--The purpose of this section is to establish additional
protections relating 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 proposed 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, environmental 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 community 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 environmental 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 potential for multiple or cumulative exposure to
human health or environmental hazards 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 action that will--
(A) eliminate or reduce any identified exposure to
human health and environmental hazards described in
paragraph (1) to a level that is reasonably expected to
avoid human health impacts in environmental justice
communities; 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 environmental justice community that meets the purpose
and need of the proposed action;
(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 availability, and domestic food prices; and
(8) assess the impact on timely meeting net-zero goals as
outlined in Executive Order 14057.
(e) Delegation.--Federal agencies shall not delegate responsibility
for the preparation 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 Environmental 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 environmental 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
organizations 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 pursuant to that Act in any language spoken by more
than 5 percent of the population 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, direct mailings, canvassing, and
other outreach methods particularly targeted at communities of
color, low-income communities, and Tribal and Indigenous
communities; 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
Statement.--For any proposed Federal action affecting an environmental
justice community 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 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.
(4) An initial list of other existing or proposed sources of
multiple or cumulative exposure to environmental hazards that
contribute to higher rates of serious illnesses within the
environmental justice community.
(5) An agency point of contact.
(6) Timely notice of locations where comments will be
received or public meetings held.
(7) Any telephone number or locations where further
information can be obtained.
(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 Indian 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
recognized 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 reservation lands and
sacred sites; and
(3) invite an Indian Tribe to hold the status of a
cooperating agency in accordance 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 Environmental 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 enactment 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 cumulative impacts.
SEC. 15. STRENGTHENING COMMUNITY PROTECTIONS UNDER THE NATIONAL
ENVIRONMENTAL 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 possible:'';
(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 cumulative 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 geographic unit of analysis as determined
by the agency 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 the
affected overburdened community with conditions
to protect public health,''; and
(II) in clause (iv), by striking
``man's'' and inserting ``the human'';
(C) in subparagraph (E), by inserting ``that are
consistent with subparagraph (C)(3)'' after ``describe
appropriate alternatives''; and
(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 reasonably 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 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
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. 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 natural resources and on the components,
structures, and functioning of affected ecosystems),
aesthetic, historic, cultural, economic, social,
health, whether direct, indirect, 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 households;
``(B) at least 40 percent of the residents identify
as minority 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.''.
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 environmental 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 Oceanic and Atmospheric
Administration after that date shall be required to participate in
environmental justice training.
(c) Requirement Relating to Certain Employees.--
(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 justice training.
(2) Effect.--If an individual described in paragraph (1)
fails to meet the requirement described in that paragraph, the
Federal agency at which the individual 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 Working Group shall evaluate
the training programs of such Federal agency to determine if
such Federal agency has improved the rate of training of the
employees of such Federal agency to ensure that each employee
has received environmental 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 eligible 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 environmental 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 require,
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
community at which the eligible entity will
conduct the project;
(ii) improve the ability of the environmental
justice community to address each issue
described in clause (i);
(iii) facilitate collaboration and
cooperation among various stakeholders
(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
development 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 eligible
entity will conduct the project.
(4) Use of funds.--An eligible entity may only use a grant
under this subsection to carry out culturally and
linguistically appropriate projects and activities that are
driven by the needs, opportunities, and priorities of the
environmental 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
activities--
(A) to create or develop collaborative partnerships;
(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 community-
based nonprofit organizations address issues relating
to environmental justice.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(6) Authorization of appropriations.--There is authorized to
be appropriated 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, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental 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 paragraph (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 paragraph (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 disproportionately
adverse human health or environmental effects
on environmental justice communities in the
State.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2023 through 2027.
(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, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in Tribal and Indigenous 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
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 in Tribal and Indigenous communities;
and
(ii) assurances that the funds provided
through a grant under paragraph (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 Administrator 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 paragraph (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 eliminate
disproportionately adverse human health or
environmental effects on applicable
environmental justice communities in Tribal and
Indigenous communities.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized to
be appropriated 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 environmental justice communities; and
(C) to improve the health outcomes of residents and
workers in environmental 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 may require,
including--
(A) a detailed description of the partnership of the
eligible entity that, as determined by the
Administrator, demonstrates the participation of
members 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 posting 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 appropriated 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 organizations, 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 environment;
(D) basic biological, chemical, and physical methods
to reduce the quantity and toxicity of hazardous
substances;
(E) the rights and safeguards currently afforded to
individuals through policies and laws intended to help
environmental justice communities address 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 described 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 justice; and
(2) short courses and continuation education programs for
residents of communities who are located in close proximity to
hazardous substances to provide--
(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 training 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 partnership with--
(A) a community-based organization that carries out
activities relating to environmental justice;
(B) a generator of hazardous waste;
(C) any individual who is involved in the detection,
assessment, evaluation, 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 publish in the Federal Register
a plan to carry out the basic training program established
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 justice 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 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--
(A) the implementation of the basic training program
established under subsection (a); and
(B) the impact of the basic training program on
improving training opportunities 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 communities, 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 Advisory 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
(B) any advice requested by the Advisory Council with
respect to any duty of the Advisory Council.
(d) Duties.--The Advisory Council shall provide independent advice
and recommendations to the Environmental Protection Agency with respect
to issues relating 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 Federal 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 Environmental 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 Agency 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 Protection Agency;
(B) the measurement and evaluation of the progress,
quality, and adequacy of the Environmental Protection
Agency in planning, developing, and implementing
environmental justice strategies, projects, and
programs;
(C) any existing and future information management
systems, technologies, 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 justice 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 determines that the
conduct of any additional meetings is necessary.
(2) Public participation.--
(A) In general.--Subject to subparagraph (B), each
meeting of the Advisory Council shall be open to the
public to provide the public an opportunity--
(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 Advisory 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
linguistically appropriate materials related to environmental justice,
including--
(1) information describing the activities conducted by the
Environmental Protection Agency to address issues relating to
environmental justice;
(2) copies of training materials provided by the
Administrator to help individuals and employees understand and
carry out environmental justice activities;
(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
emphasis 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, including information on any resources available
to help address the disproportionate burden of adverse human
health or environmental effects on environmental justice
communities.
(c) Consultation.--In developing the Clearinghouse, the Administrator
shall consult 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 environmental justice issues in each region of the
Environmental Protection Agency to gather 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 provide 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 environmental 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 communities;
(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 environmental 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 pursuant to this section in any language spoken by
more than 5 percent of the population 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
attendance list, register, questionnaire, or other similar
document is utilized during meetings, it shall state clearly
that the signing, registering, or completion of the document is
voluntary.
(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 participation of, individuals in the affected
environmental justice community; and
(2) result in a quantifiable improvement to the health and
well-being of individuals 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 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 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 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 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 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).
``(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 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 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 mitigation 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 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--
(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 section 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 Indian 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 `professional' 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 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
ingredient 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 consumers
shall provide the same information 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 cosmetic 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 information
about ingredients in a cosmetic, including the ability to ask if a
specific ingredient 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, including
obtaining the information from suppliers if it is not readily
available. Suppliers are required to release such information upon
request of the cosmetic manufacturer.''.
(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
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, shall award grants to eligible
entities--
(1) to support research focused on the design of safer
alternatives to chemicals in cosmetics with inherent toxicity
or associated with chronic adverse health effects; or
(2) to provide educational awareness and community outreach
efforts to educate 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 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) 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 authorized 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 institution; 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 association.
(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 authorized 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 INGREDIENTS.
(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 deodorized, or unscented menstrual pad or tampon, a
therapeutic vaginal douche apparatus, 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 respect 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 RESEARCH 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 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 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 educate the promote the use of safer alternatives in
cosmetics; and
``(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 communities identify and address potentially
unsafe 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 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
Institute shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee 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 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
reduce potentially unsafe exposures to cosmetics.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized 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 Federal 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
``12\1/2\ 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
``12\1/2\ per centum'' and inserting ``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 ``12\1/2\ per
centum'' each place it appears and inserting ``18.75
percent''; and
(D) in subsection (n)(1)(C), by striking ``12\1/2\
per centum'' and inserting ``18.75 percent''.
(3) Reinstatement of leases.--Section 31(e)(3) of the Mineral
Leasing Act (30 U.S.C. 188(e)(3)) is amended by striking
``16\2/3\'' each place it appears and inserting ``25''.
(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 deposited 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 subsection (c) shall be deposited in the Federal
Energy Transition Economic Development 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 amendments made by subsection
(b)--
(A) 50 percent shall be deposited in the Federal
Energy Transition Economic 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 reduction 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 demonstrated by
employment data, per capita income, or other indicators
of economic distress;
(B) that has historically relied on fossil fuel
mining, extraction, or production-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.--
(A) In general.--The term ``public land'' means any
land and interest in land owned by the United States
within the several States and administered by the
Secretary or the Secretary of Agriculture (acting
through the Chief of the Forest Service) without regard
to how the United States acquired 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 Assistance 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 extraction 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 formula 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 subsection (f).
(e) Use of Funds.--
(1) In general.--Funds distributed by the Secretary to States
under paragraphs (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
communities;
(D) guaranteeing pensions, healthcare, and retirement
security and providing 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 paragraph (1), the Secretary shall give priority to
assisting displaced workers dislocated 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 entity'' means a local government, State
government, or Indian Tribe, local development 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 (including 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 education (as defined
in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)).
(g) Just Transition Advisory Committee.--
(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 subsection (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 Committee shall not exceed 20 members.
(B) Composition.--The Advisory Committee shall be
composed of the following members appointed by the
Chair:
(i) A representative of the Assistant
Secretary of Commerce for Economic 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 workforce 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 section.
(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 produced 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 Committees on Appropriations and Natural Resources of
the House of Representatives, with the annual budget submission of the
President, a list of projects, including a description 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 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 that contains an evaluation of the effectiveness of
each activity carried out under this Act and the amendments made by
this Act.
Purpose of the Bill
The purpose of H.R. 2021 is to restore, reaffirm, and
reconcile environmental justice and civil rights; address
environmental health disparities; and to promote a cleaner,
more just environmental future 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 environment. For environmental justice communities--
including communities of color, Tribal and Indigenous
communities, and low-income communities--these rights are still
unrealized after decades of inadequate public investment and
policies that disproportionately burden environmental justice
communities with the harmful impacts of pollution and climate
change, even though environmental justice communities
contribute the least to environmental pollution and climate
change.\1\ Environmental justice communities are
disproportionately burdened by greater exposure to air
pollution, water pollution, and harmful climate impacts,
including coastal and inland flooding, extreme temperatures,
climate-induced drought, and clean drinking water supply
shortages.\2\ These environmental impacts are worsened by an
inequitable distribution of federal funding to support climate
resilient infrastructure and healthy environments in
environmental justice communities.\3\
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\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;
Robert 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.
\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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To help address these environmental injustices, House
Natural Resources Committee Chair Raul M. Grijalva and
Representative A. Donald McEachin initiated an inclusive,
transparent, community-led process to create comprehensive
environmental justice legislation. After convening hundreds of
environmental leaders in the U.S. Capitol and integrating
extensive community feedback, including 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 under the National Environmental Policy Act
(NEPA) when proposing an action that can affect a defined
environmental justice community. NEPA requires federal agencies
to consider the environmental impacts of proposed federal
actions, evaluate project alternatives, and consider public
input. H.R. 2021 also ensures greater Tribal representation
throughout the NEPA process when a proposed action could impact
an Indian Tribe, including activities impacting 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 pollutant through individual
standards, but in communities with numerous 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
emitted by multiple sources of pollution in an area, in
isolation and by their interaction with each other.\4\
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\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 Airports, (July 30, 2020),
https://www.nj.gov/dep/cleanair/PPP/2020/4-nicky-sheats.pdf.
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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
discrimination--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 jurisdiction 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 encourages, entrenches, subsidizes, or results in racial
discrimination.\5\
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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 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).
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The 2001 Alexander v. Sandoval Supreme Court decision\6\
eliminated 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 environmental harm to communities of color
without substantial, legitimate 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 decision. 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
communities, 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 activities that receive
federal funds, but federal agencies lack oversight systems to
properly track Title VI compliance and underenforcement is
widespread.\9\
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\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 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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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 improve local environmental conditions. These
measures include technical application assistance for federal
grants; dedicated environmental 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 justice information,
including training materials and a directory of experts 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 communities, and permanently authorizing
the Every Kid Outdoors Act to provide fourth graders free
access to federal lands and waters, including national parks.
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 remediation 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 impacted 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
environmental 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\
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\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://www.archives.gov/files/
federal-register/executive-orders/pdf/12898.pdf.
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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 justice communities with a disproportionate share
of our nation's pollution, 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.
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\11\Villarosa, Pollution Is Killing Black Americans. This Community
Fought Back., supra note 1.
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Committee Action
H.R. 2021 was introduced on March 18, 2021, by House
Committee on Natural Resources Chair Raul 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
consider 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
amendment was agreed to by voice vote.
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
recorded vote was requested.
Rep. Graves offered an amendment designated Graves #5 to
the amendment in the nature of a substitute. A recorded vote
was requested.
Rep. Moore offered an amendment designated Moore #10 to the
amendment in the nature of a substitute. A recorded vote was
requested.
Rep. Carl offered an amendment designated Carl #11 to the
amendment in the nature of a substitute. A recorded vote was
requested.
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Rep. Graves offered an amendment designated Graves #2 to
the amendment in the nature of a substitute. A recorded vote
was requested.
Rep. Graves offered an amendment designated Graves #4 to
the amendment in the nature of the substitute. A recorded vote
was requested.
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Ranking Member Bruce Westerman (R-AR) offered an amendment
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Rep. A. Donald McEachin (D-VA) offered an amendment
designated McEachin #051 to the amendment in the nature of a
substitute. The amendment was agreed to by a roll call vote of
24 yeas and 22 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Rep. Thomas P. Tiffany (R-WI) offered an amendment
designated Tiffany #18 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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Rep. Matthew M. Rosendale (R-MT) offered an amendment
designated Rosendale #13 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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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 follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The amendment in the nature of a substitute, as amended,
was agreed to by voice vote. The bill, as amended, was adopted
and ordered favorably reported to the House of Representatives
by a roll call vote of 26 yeas and 21 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the House Committee on Natural Resources held on
February 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 reflected 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 respect 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 Congressional 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 estimate 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
authority, 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
objectives of this bill are to restore, reaffirm, and reconcile
environmental justice and civil rights; address environmental
health disparities; 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 Representatives.
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
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
This bill does not establish or reauthorize a program of
the federal 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 omitted 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. [No] (a) No person in the United States shall, on
the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected
to, discrimination under any program or activity receiving
Federal financial assistance.
(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 national 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 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 exists, 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 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 capable of
separation 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, 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 hearing under this title.
Sec. 602. (a) Each Federal department and agency which is
empowered 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.
Compliance with any requirement adopted pursuant to this
section may be effected (1) by the termination of or refusal to
grant or to continue assistance under such program or activity
to any recipient as to whom there has been an express finding
on the record, after opportunity 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
department 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 continue, assistance because of failure to
comply with a requirement imposed pursuant to this section, the
head of the Federal department 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 jurisdiction 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 an entity subject to this title (referred to in this
section as a ``covered entity'') who has engaged in unlawful
intentional discrimination (not a practice that is unlawful
because of its disparate impact) prohibited 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 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 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 Justice For All Act.
* * * * * * *
----------
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE IV--PERMITS AND LICENSES
[national pollutant discharge elimination system
[Sec. 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), [upon
condition that such discharge will meet either (A) all]
subject to the conditions that--
(A) the discharge will achieve compliance
with, as applicable--
(i) all applicable requirements
under sections 301, 302, 306, 307, 308,
and [403 of this Act, or (B) prior]
403; or
(ii) prior to the taking of
necessary implementing actions relating
to all such requirements, such
conditions as the Administrator
determines are necessary to carry out
the provisions of [this Act.] 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 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 conjunction
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 subpopulation;
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
includes such terms and conditions as
the Administrator determines to be
necessary to ensure a reasonable
certainty of no harm.
(2) The Administrator shall prescribe conditions for such
permits to [assure compliance with the requirements of
paragraph (1) of this subsection, including conditions on data
and information collection, reporting, and such other
requirements as he deems appropriate.] 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 determines 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 subsection (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 section 13 of the Act of March 3, 1899, pending on
the date of enactment 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 permits for discharges into the
navigable waters within the jurisdiction 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, and no such authorization to a State shall extend
beyond the last day of such period. Each such permit shall be
subject to such conditions as the Administrator determines are
necessary to carry out the provisions of this Act. No such
permit shall issue if the Administrator 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 Administrator a full and
complete description of the program it proposes to establish
and administer under State law or under an interstate compact.
In addition, such State shall submit a statement 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 described program. The Administrator
shall approve each such submitted program unless he determines
that adequate authority does not exist:
(1) To issue permits which--
(A) apply, and insure compliance with, any applicable
requirements 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 temporary or permanent reduction or
elimination of the permitted discharge;
(D) control the disposal of pollutants into wells[;].
(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
Act[;].
(3) To insure that the public, and any other State the waters
of which may be affected, receive notice of each application
for a permit and to provide an opportunity for public hearing
before a ruling on each such application[;].
(4) To insure that the Administrator receives notice of each
application (including a copy thereof) for a permit[;].
(5) To insure that any State (other than the permitting
State), whose waters may be affected by the issuance of a
permit may submit written recommendations to the permitting
State (and the Administrator) with respect to any permit
application and, if any part of such written recommendations
are not accepted by the permitting 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 doing[;].
(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 the Coast Guard is operating, anchorage and
navigation of any of the navigable waters would be
substantially impaired thereby[;].
(7) To abate violations of the permit or the permit program,
including civil and criminal penalties and other ways and means
of enforcement[;].
(8) To insure that any permit for a discharge from a publicly
owned treatment works includes conditions to require the
identification in terms of character and volume of pollutants
of any significant 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
substantial change in volume or character of pollutants being
introduced into such works by a source introducing pollutants
into such works at the time of issuance of the permit. Such
notice shall include information on the quality and quantity of
effluent to be introduced 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
works[; 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 potential 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
subsection (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 determines, 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
promulgated 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 Administrator shall withdraw approval
of such program. The Administrator shall not withdraw approval
of any such program unless he shall first have notified the
State, and made public, in writing, the reasons for such
withdrawal.
(4) Limitations on partial permit program returns and
withdrawals.--A State may return to the Administrator
administration, and the Administrator may withdraw
under paragraph (3) of this subsection approval, of--
(A) a State partial permit program approved
under subsection (n)(3) only if the entire
permit program being administered by the State
department or agency at the time is returned or
withdrawn; and
(B) a State partial permit program approved
under subsection (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 limitations
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
paragraph, the Administrator, pursuant to paragraph (2) of this
subsection, objects to the issuance of a permit, on request of
the State, a public hearing shall be held by the Administrator
on such objection. 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 objection, the Administrator may issue
the permit pursuant to subsection (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
subsection (i)(2) of section 304 of this Act, the Administrator
is authorized 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. The Administrator may
distinguish among classes, types, and sizes within any category
of point sources.
(g) Any permit issued under this section for the discharge of
pollutants 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 operating, 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 pursuant to section 309(a) of this Act
that a State with an approved program has not commenced
appropriate enforcement action with respect to such permit, may
proceed in a court of competent jurisdiction 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
authority 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 application 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 imposed 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
administrative disposition of such application has not been
made because of the failure of the applicant to furnish
information reasonably required 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 pollutants
immediately prior to such date of enactment which source is not
subject to section 13 of the Act of March 3, 1899, the
discharge 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 composed 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
operations.--The Administrator shall not require a
permit under this section, nor shall the Administrator
directly or indirectly require any State to require a
permit, for discharges of stormwater runoff from mining
operations or oil and gas exploration, 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 collecting 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
standard industry practice: nursery operations,
site preparation, reforestation and subsequent
cultural treatment, thinning, prescribed
burning, pest and fire control, harvesting
operations, surface drainage, or road
construction and maintenance.
(B) Other requirements.--Nothing in this
paragraph exempts a discharge from
silvicultural activity from any permitting
requirement under section 404, existing
permitting 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
treatment 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 conventional pollutants identified pursuant to a
section 304(a)(4) of this Act into such treatment works other
than pretreatment required 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 authority 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 under subsection (b) of this section a permit
program for a portion of the discharges into the
navigable waters in such State.
(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
programs.--The Administrator may approve a partial
permit program 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 program represents a significant and
identifiable part of the State program required
by subsection (b).
(4) Approval of major component partial permit
programs.--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 program 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 subsection (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
limitations established on the basis of subsection
(a)(1)(B) of this section, 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 renewed, reissued, or modified to
contain effluent limitations which are less stringent
than the comparable effluent limitations 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
limitation;
(B)(i) information is available which was not
available at the time of permit issuance (other
than revised regulations, guidance, or test
methods) and which would have justified the
application of a less stringent effluent
limitation at the time of permit issuance; or
(ii) the Administrator determines that
technical mistakes or mistaken interpretations
of law were made in issuing the permit under
subsection (a)(1)(B);
(C) a less stringent effluent limitation is
necessary because 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 facilities
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 allocations or any alternative grounds for
translating water quality standards into effluent
limitations, except where the cumulative 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 pollutants 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 permit to
discharge into waters be renewed, reissued, or modified
to contain a less stringent effluent limitation if the
implementation 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
Administrator 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 system serving a population of
100,000 or more but less than 250,000.
(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 associated 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 prohibit non-stormwater
discharges into the storm sewers; and
(iii) shall require controls to
reduce the discharge of pollutants to
the maximum extent practicable,
including management practices, control
techniques and system, design and
engineering methods, and such other
provisions as the Administrator or the
State determines 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
discharges 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;
(B) determining, to the maximum extent
practicable, the nature and extent of
pollutants in such discharges; and
(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
Administrator, 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
comprehensive program to regulate such designated
sources. The program shall, at a minimum, (A) establish
priorities, (B) establish requirements for State
stormwater management programs, and (C) establish
expeditious deadlines. The program may include
performance standards, guidelines, guidance, and
management practices and treatment requirements, as
appropriate.
(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
guidance.--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
Administrator 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
Recreational 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 Planning Approach Framework,
issued by the Environmental Protection Agency and dated
June 5, 2012.
(2) In general.--The Administrator (or a State, in
the case of a permit program approved by the
Administrator) shall inform 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
incorporates 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 maintenance 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 implement 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 schedule 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
subparagraph (A)(ii), the requirement of
section 122.47 of title 40, Code of Federal
Regulations, for compliance by an applicable
statutory deadline under this Act does not
prohibit implementation 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 technology and water quality-
based effluent limitations under this Act.
(B) Flexibility.--Nothing in this subsection
reduces or eliminates any flexibility available
under this Act, including the authority of a
State to revise a water quality standard after
a use attainability analysis under section
131.10(g) of title 40, Code of Federal
Regulations (or a successor regulation),
subject to the approval of the Administrator
under section 303(c).
(6) Clarification of state authority.--
(A) In general.--Nothing in section
301(b)(1)(C) precludes a State from authorizing
in the water quality standards 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 enforcement
action under this Act, any schedule of
compliance issued pursuant to an authorization
in a State water quality 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.
[As 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, 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)] (3) Major source.--The term ``major source''
means any stationary source (or any group of stationary
sources located within a contiguous area and under
common control) that is either of the following:
(A) A major source as defined in section 112.
(B) A major stationary source as defined in
section 302 or part D of title I.
(4) Permitting authority.--The term ``permitting
authority'' means the Administrator or the air
pollution control agency authorized by the
Administrator to carry out a permit program under this
title.
[(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 notice 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 modification.) The Administrator may, in the
Administrator's discretion and consistent with the applicable
provisions of this Act, promulgate regulations to exempt one or
more source categories (in whole or in part) from the
requirements of this subsection if the Administrator finds that
compliance with such requirements is impracticable, 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
elements 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
standard 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
develop 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 source, whether before or after
the date of the enactment of the Clean Air Act
Amendments of 1990, implementing 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 guidance,
(v) modeling, analyses, and demonstrations,
and
(vi) preparing inventories and tracking
emissions.
(B) The total amount of fees collected by the
permitting authority 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 program.
(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 permitting 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 authorized by subparagraph
(A)) in each year beginning after the year of
the enactment of the Clean Air Act Amendments
of 1990 by the percentage, if any, by which the
Consumer Price Index for the most recent
calendar year ending before the beginning of
such year exceeds the Consumer Price Index for
the calendar year 1989. For purposes 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 meet the requirements
of this paragraph, or if the Administrator makes a
determination, under subsection (i), that the
permitting authority is not adequately administering or
enforcing an approved fee program, the Administrator
may, in addition to taking any other action authorized
under this title, collect reasonable fees from the
sources identified under subparagraph (A). Such fees
shall be designed solely to cover the Administrator's
costs of administering the provisions of the permit
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 available 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 reasonable (direct and
indirect) costs required to support the permit program
as set forth in subparagraph (A).
(4) Requirements for adequate personnel and funding
to administer the program.
(5) A requirement that the permitting authority have
adequate authority to:
(A) issue permits and [assure] 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) [assure] ensure that upon issuance or
renewal permits incorporate emission
limitations and other requirements in an
applicable implementation plan;
(D) terminate, modify, or revoke and reissue
permits for cause;
(E) enforce permits, permit fee requirements,
and the requirement to obtain a permit,
including authority to recover civil penalties
in a maximum amount of not less than $10,000
per day for each violation, and provide
appropriate criminal penalties; and
[(F) assure that no permit will be issued if
the Administrator 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 renewal 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 to
any potentially exposed 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 timely
manner under this title.
(6) Adequate, streamlined, and reasonable procedures
for expeditiously determining when applications are
complete, for processing such applications, for public
notice, including offering an opportunity for public
comment and a hearing, and for expeditious review of
permit actions, including applications, renewals, or
revisions, and including an opportunity for judicial
review in State court of the final permit action by the
applicant, any person who participated in the public
comment process, 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 application 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 without
additional delay.
(8) Authority, and reasonable procedures consistent
with the need for expeditious action by the permitting
authority on permit 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.
[(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 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. 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
regarding renewals.]
(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
potentially 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
immediately 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
additional controls or
pollution prevention
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 Environmental Justice for
All Act;
(IV) if the permitting
authority determines under
subclause (III) that the
applicant is a persistent
violator 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
compliance 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 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
preparing the
plan to consult
or negotiate
with the
communities
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
expeditiously;
(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 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 required 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 paragraph shall be
treated as a permit renewal 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 emissions 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 permitting authority
provides in its regulations a different timeframe 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 addition, the Governor shall submit a legal opinion
from the attorney general (or the attorney for those State air
pollution control agencies that have independent legal
counsel), or from the chief legal officer of an interstate
agency, that the laws of the State, locality, 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
program 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 revisions 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
Administrator'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 program 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 applicable in the case of a determination,
disapproval, or finding under section 179(a).
(C) The sanctions under section 179(b)(2) shall not apply
pursuant 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 nonattainment 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 program 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
permit program under this section, but may, in such notice,
retain jurisdiction 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 federally issued permits under this
title until they are replaced by a permit 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''.
(2) All requirements established under section 112
applicable to ``major sources'', ``area sources,'' and
``new sources''.
(3) All requirements of title I (other than section
112) applicable to sources required to have a permit
under this title.
Approval of a partial program shall not relieve the State of
its obligation 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 requirements of this title, but is not fully approvable,
the Administrator may by rule grant the program interim
approval. In the notice of final rulemaking, the Administrator
shall specify the changes that must be made before the program
can receive full approval. 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 interim approval, the provisions of
subsection (d)(2), and the obligation 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
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, the Administrator 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
pursuant 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
paragraph (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, promulgate, 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 program until such time
as such program is promulgated by the Administrator under this
paragraph.
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 interim 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
periodically (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 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 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 establish, 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 (consistent with the
procedures established under this title for consideration of
such applications), and shall issue or deny the permit, within
18 months after the date of receipt thereof, except that the
permitting authority shall establish a phased schedule for
acting on permit applications submitted within the first full
year after the effective date of a permit program (or a partial
or interim program). Any such schedule shall assure that at
least one-third of such permits will be acted on by such
authority annually over a period of not to exceed 3 years after
such effective date. Such authority 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
required to have a permit before construction or modification
under the applicable requirements of this Act, if an applicant
has submitted 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 required 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 applicant or permittee is required to submit
information entitled to protection from disclosure under
section 114(c) of this Act, the applicant or permittee may
submit such information separately. The requirements of section
114(c) shall apply to such information. The contents of a
permit shall not be entitled to protection under section
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 Wildlife Service;
(iii) the Director of the Bureau of
Land Management; and
(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 Administrator of the National Oceanic and
Atmospheric Administration; and
(D) the Secretary of the Army, acting through
the Assistant 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
``students'' means any fourth grader or home-schooled
learner 10 years of age residing in the United States,
including any territory 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 subsection.
(2) Annual passes.--
(A) In general.--At the request of a student,
the Secretaries shall issue a pass to the
student, which allows access to Federal lands
and waters for which access is subject 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 Secretaries--
(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 information about the program;
(D) may provide visitor services for the
program; and
(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 Secretary described in subparagraphs (B) through
(D) of subsection (a)(3), shall prepare a comprehensive
report to Congress 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.
[(5) Sunset.--The authorities provided in this
section, including 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 [man'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 development of
[man] 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
organizations, to use all practicable means and measures,
including financial and technical assistance, in a manner
calculated to foster and promote the general welfare, to create
and maintain conditions under which [man] 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
environment without degradation, risk to health or
safety, or other undersirable and unintended
consequences;
(4) preserve important historic, cultural, and
natural aspects of our national heritage, and maintain,
wherever possible, an 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
environment.
Sec. 102. [The Congress authorizes and directs that, to the
fullest extent possible:] The Congress authorizes and directs
that, notwithstanding 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 [insure] ensure the integrated use of the
natural and social sciences and the environmental
design arts in planning and in decisionmaking which may
have an impact on [man's] the human environment;
(B) identify and develop methods and procedures, in
consultation with the Council on Environmental Quality
established by title II of this Act, which will
[insure] 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 affecting the quality of the
human environment, a detailed statement 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,
[(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 overburdened community that are
higher than those borne by other
communities within the State, county,
or other geographic unit of analysis as
determined by the agency 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 the affected
overburdened community with conditions
to protect public health,
(iv) the relationship between local short-
term uses of [man's] the human environment and
the maintenance and enhancement of long-term
productivity, and
(v) any irreversible and irretrievable
commitments of resources which would be
involved in the proposed action should it be
implemented.
Prior to making any detailed statement, the responsible
Federal official shall consult with and obtain the
comments of any Federal agency which has jurisdiction
by law or special expertise with respect to any
environmental impact involved. Copies of such statement
and the comments and views of the appropriate 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 Quality 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 evaluates such statement prior to
its approval and adoption, and
(iv) after January 1, 1976, the responsible
Federal official 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 significant 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 impacts
and views for incorporation into such detailed
statement.
The procedures in this subparagraph shall not relieve
the Federal 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 environmental problems and, where consistent with
the foreign policy of the United States, lend
appropriate support to initiatives, resolutions, and
programs designed to maximize international cooperation
in anticipating and preventing a decline in the quality
of [mankind's] humankind's world environment;
(G) make available to States, counties,
municipalities, institutions, and individuals, advice
and information useful in restoring, maintaining, and
enhancing the quality of the environment;
(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 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 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 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. 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 natural resources and on the
components, structures, and functioning of
affected ecosystems), aesthetic, historic,
cultural, economic, social, health, whether
direct, indirect, 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 households;
(B) at least 40 percent of the residents
identify as minority 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 satisfactory progress in activities
designed to result in significant improvement
in achieving the coastal management objectives
specified in section 303(2)(A) through (K).
(2) The term ``urban waterfront and port'' means any
developed 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 objectives:
(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 conservation recreational,
ecological, or esthetic values, or (B) contain 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 management program pursuant
to section 306(d)(2)(C) as areas of particular concern.
(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 section.
(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
Secretary to be consistent with the purposes of this
section, including 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 subsection (b)(2)--
(i) the rehabilitation or acquisition of
piers to provide increased public use,
including compatible commercial activity,
(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 action will provide increased
recreational use of urban waterfront 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; [and]
(E) educational, interpretive, and management costs
and such other related costs as the Secretary
determines to be consistent with the purposes of this
section[.]; 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 applicable 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
program 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 equal to 10 per centum of the total amount appropriated
to carry out this section for such fiscal year.
(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 agency, 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 management
program.
(f) In addition to providing grants under this section, the
Secretary shall assist eligible coastal states and their local
governments in identifying and obtaining other sources of
available Federal 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 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 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
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 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).
(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 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 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 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 responsibilities for the selection
of drugs for coverage or reimbursement, shall not be considered
to be false or misleading under this paragraph if the health
care economic information relates to an indication approved
under section 505 or under section 351(a) of the Public Health
Service Act for such drug, is based on competent and reliable
scientific evidence, and includes, where applicable, a
conspicuous and prominent statement describing any material
differences between the health care economic information and
the labeling 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 accordance 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 Secretary upon
request.
(2)(A) For purposes of this paragraph, the term ``health care
economic information'' means any analysis (including the
clinical data, inputs, clinical or other assumptions, methods,
results, and other components underlying or comprising the
analysis) that identifies, 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 section 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 distributor; and (2) an accurate statement of the quantity
of the contents 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 established, 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 compared with other words, statements,
designs, or devices, in the labeling) and in such terms as to
render it likely to be read and understood 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 ingredient, including the
quantity, kind, and proportion of any alcohol, and also
including whether active or not the established name
and quantity or if determined to be appropriate by the
Secretary, the proportion of any bromides, ether,
chloroform, acetanilide, acetophenetidin, amidopyrine,
antipyrine, atropine, hyoscine, hyoscyamine, arsenic,
digitalis, digitalis glucosides, mercury, ouabain,
strophanthin, strychnine, thyroid, 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 promulgated by
the Secretary, except that nothing in this subclause
shall be deemed to require that any trade secret be
divulged, and except that the requirements of this
subclause with respect to alphabetical order shall
apply only to nonprescription drugs that are not also
cosmetics and that this subclause shall not apply to
nonprescription drugs not intended for human use.
(B) For any prescription drug the established name of such
drug or ingredient, as the case may be, on such label (and on
any labeling on which a name for such drug or ingredient is
used) shall be 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 requirements of subclause (ii)
or (iii) of clause (A) or this clause is impracticable,
exemptions shall be established by regulations promulgated 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 promulgated by the
Secretary.
(3) As used in subparagraph (1), the term ``established
name'', with respect to a drug or ingredient thereof, means (A)
the applicable 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 applies, 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 conditions 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 protection 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 promulgate
regulations exempting such drug or device from such
requirement. 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 available 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
information without additional cost.
(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 prescribed 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 labeling unless it is labeled
and offered for sale as a homeopathic drug, in which case it
shall be subject to the provisions of the Homeopathic
Pharmacopeia of the United States, and not to those of the
United States Pharmacopeia, except that in the event of
inconsistency 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 prevail.
(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 requirements 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
manner; 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 applicable 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 section 502(e), and (3)
such other information in brief summary relating 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 conspicuous 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 circumstances, no regulation issued
under this paragraph shall require prior approval by the
Secretary of the content of any advertisement, and (B) no
advertisement of a prescription drug, published after the
effective date of regulations issued under this paragraph
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 contraindications 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 commercial 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 regulations 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 intended 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
opportunity 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 device to the extent required in regulations
which shall be issued by the Secretary after an opportunity for
a hearing. Except in extraordinary 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, published 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
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 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 prescribed 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 requirement 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 conspicuously 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 manufacturer.
(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 requirements 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 ``Reprocessed device for single use. Reprocessed by
__.'' 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 section 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 application 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 regulation) 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 includes a domestic address or domestic phone number
through which the responsible person (as described in section
760) may receive a report of a serious adverse event (as
defined in section 760) with such drug.
(y) If it is a drug subject to an approved risk evaluation
and mitigation strategy pursuant to section 505(p) and the
responsible person (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
processed 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, propagated, 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 section 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,
propagated, 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 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.
* * * * * * *
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
distributor; and (2) an accurate statement of the quantity of
the contents 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 established, 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 compared with other words, statements,
designs, or devices in the labeling) and in such terms as to
render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
(d) If its container is so made, formed, or filled as to be
misleading.
(e) If it is a color additive, unless its packaging and
labeling are in conformity with such packaging and labeling
requirements, applicable to such color additive, as may be
contained in regulations issued under section 721. This
paragraph shall not apply to packages of color additives which,
with respect to their use for cosmetics, 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 regulation 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
section 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
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 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 ingredient 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 consumers shall provide the same information 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 cosmetic 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 information about
ingredients in a cosmetic, including the ability to ask if a
specific ingredient 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, including obtaining the information from suppliers
if it is not readily 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 COSMETICS
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 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 educate the promote the use of
safer alternatives in cosmetics; and
(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 communities identify and address
potentially unsafe 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 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 Institute shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee 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 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 reduce potentially unsafe exposures to cosmetics.
(d) Authorization of Appropriations.--To carry out this
section, 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 [12\1/2\ per centum] 18.75 percent
of the value of coal as defined by regulation, except 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
determine. Such rentals and royalties and other terms and
conditions of the lease will be subject to readjustment at the
end of its primary 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 development and continued operation of the mine or
mines, except where operations under the lease are interrupted
by strikes, the elements, or casualties not attributable to the
lessee.
(2) The Secretary of the Interior, upon determining that the
public 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
(determined by the Secretary).
(4) Advance royalties described in paragraph (2) shall be
computed--
(A) based on--
(i) the average price in the spot market for
sales of comparable 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 established 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
royalties 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 continued operation.
(7) Nothing in this subsection shall be construed to affect
the requirement contained in the second sentence of subsection
(a) relating 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 submit 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 jurisdiction 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 bidder 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 [shall be held for each State
where eligible lands are available at least quarterly and more
frequently if the Secretary of the Interior determines such
sales are necessary] may be held in each State not more than
once each year. A lease shall be conditioned upon the payment
of a royalty at a rate of not less than [12.5 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 qualified bidder which is equal to or greater
than the national minimum acceptable bid, without evaluation of
the value of the lands proposed 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 rejected. Lands
for which no bids are received or for which the highest 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 Onshore Oil and Gas Leasing Reform Act of 1987.
Thereafter, the Secretary, 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 returns to the United
States; and (ii) to promote more efficient management of oil
and gas resources on Federal lands. Ninety days before the
Secretary makes any change in the national minimum acceptable
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 bidder 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 [12\1/2\ per centum] 18.75 percent in
amount of value of production removed or sold from the lease
subject to section 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 necessary 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, separately--
(i) a lease for exploration for and extraction of tar
sand; and
(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 mineral estate that, immediately prior to becoming a vested
present interest, was subject to a lease under which oil or gas
was being produced, 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 continue 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
section 3 of the Mineral Leasing Act for Acquired Lands (30
U.S.C. 352), the Secretary shall issue a noncompetitive lease
under subsection (c)(1) to a holder who makes an election under
subparagraph (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
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).
(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 payment of
a royalty at a rate of [12.5 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
Secretary identifies the first responsible qualified applicant.
(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 which the highest bid was less than the national minimum
acceptable 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 subsection (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
Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall
be conditioned 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
section 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 development 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 section, 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 management 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 practicable, 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 without the analysis and
approval by the Secretary concerned of a plan of operations
covering proposed surface-disturbing activities within the
lease area. The Secretary concerned shall, by rule or
regulation, establish such standards as may be necessary to
ensure that an adequate bond, surety, or other financial
arrangement will be established prior to the commencement of
surface-disturbing activities 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 abandonment or cessation of oil
and gas operations on the lease. The Secretary 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 controlled 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 respect 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
National 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
termination 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 section 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 status or unless, after such status is
established, production is discontinued 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 adjacent 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 extended for the period during
which such compensatory royalty is paid and for a period of one
year from discontinuance of such payment and so long thereafter
as oil or gas is produced in paying quantities.
(k) If, during the primary term or any extended term of any
lease issued under this section, a verified statement is filed
by any mining 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 enactment of the Mineral Leasing Act Revision of
1960 or thereafter, asserting 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 thereafter as oil or gas
is produced in paying quantities and at a royalty rate of not
less than [12\1/2\ 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 [12\1/2\ 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 August 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 deposit, 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
resources 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 development 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 consent of
the holders of leases involved, to establish, alter, change, or
revoke drilling, producing, rental, minimum royalty, and
royalty requirements of such leases and to make such
regulations with reference to such leases, with like consent on
the part of the lessees, in connection with the institution and
operation of any such cooperative or unit plan as he may deem
necessary or proper to secure the proper protection of the
public interest. The Secretary may provide 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
Secretary, contain a provision whereby authority is vested in
the Secretary 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 development 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
operated in conformity with an established well-spacing or
development 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 apportionment 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 thereto.
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 segregated into separate leases as to the
lands committed and the lands not committed as of the effective
date of unitization: Provided, 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 minimum 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. Any lease which shall be eliminated from any such
approved or prescribed plan, or from any communitization or
drilling agreement 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
conditions as he may prescribe, to approve operating, drilling,
or development 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
conservation of natural resources, may authorize the subsurface
storage of oil or gas, whether or not produced from federally
owned lands, in lands leased or subject to lease under this
Act. Such authorization 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 royalty other than that prescribed in
the lease when such stored oil or gas is produced in
conjunction with oil or gas not previously produced. Any lease
on which storage is so authorized shall be extended 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 January 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 application within two years from the date of
enactment of that Act containing an acceptable plan of
operations which assures reasonable protection of the
environment and diligent development of those resources
requiring enhanced recovery methods of development or mining.
For purposes of conversion, no claim shall be deemed invalid
solely because it was located as a placer location rather than
a lode location or vice versa, notwithstanding any previous
adjudication 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 regulations
promulgated by the Secretary for the filing of such plans, the
Secretary shall suspend the running of the term of any oil and
gas lease proposed for conversion until the plan is finally
approved or disapproved. The Secretary shall act upon a
proposed plan of operations 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, [12\1/2\ per centum] 18.75 percent in amount or
value of production removed 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
commencement of surface-disturbing activities relating to the
development of oil and gas deposits on lands described under
paragraph (5), the Secretary of Agriculture shall require,
pursuant to regulations 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 Secretary 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
improvements, 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
authority 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
subject 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 acquisition of an
interest in the lands, the United States is to acquire any oil
and gas deposits that may be present under such 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
Permits.--
(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 National Environmental Policy Act of
1969 and other applicable 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 together
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,
including 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
completion of the requirements described in
subparagraph (A), unless compliance with the
National Environmental Policy Act of 1969 and
other applicable law has not been completed
within such timeframe.
(C) Denial of permit.--If the applicant does
not complete the requirements within the period
specified in subparagraph (A) or if the
applicant does not comply with applicable 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
canceled 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 provisions of this Act, of the lease, or of the
general regulations promulgated under this Act and in force at
the date of the lease; and the lease may provide for resort to
appropriate methods for the settlement 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 Secretary 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
section 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 directed 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
provisions of this section, however, upon failure of a lessee
to pay rental 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, payment 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 either (1) the amount of
the payment has been or is hereafter deficient 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 automatically 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 Secretary.
(c) Where any lease has been or is hereafter terminated
automatically 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 reasonable
diligence on the part of the lessee, the Secretary may
reinstate the lease if--
(1) a petition for reinstatement, together with the
required rental, including back rental accruing from
the date of termination 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 petition. 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. 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 reasonable 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 remaining
at the date of termination; and (C) when the
reinstatement 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 Acquired Lands (30 U.S.C. 351 et seq.) has been, or is
hereafter, terminated 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 matter 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 continue
operations under the lease, the Secretary may, at his
discretion, extend the term of such lease for such period as he
deems reasonable, 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
subsection unless--
(A) with respect to any lease that terminated under
subsection (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
subsection (b) after 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 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 terminated 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 reinstated 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 Secretary;
(3)(A) payment of back royalties and the inclusion in
a reinstated 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 [16\2/3\] 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 removed 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 [16\2/3\] 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 original 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 Resources of the House of Representatives and the
Committee on Energy 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 reimburse the
Secretary for the cost of publication in the Federal Register
of the notice of proposed reinstatement.
(f) Where an unpatented oil placer mining claim validly
located prior to February 24, 1920, which has been or is
currently producing or is capable of producing oil or gas, has
been or is hereafter deemed conclusively abandoned for failure
to file timely the required 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 abandoned 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
enactment, or
(B) with respect to any claim deemed
conclusively abandoned 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 determination 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 regulations issued by him;
(3) a requirement in the lease for payment of rental,
including back rentals accruing from the statutory date
of abandonment 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 production removed or sold from the oil placer
mining claim, including all royalty on production made
subsequent to the statutory date the claim was deemed
conclusively abandoned, of not less than 12\1/2\
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.
(g)(1) Except as otherwise provided in this section, a
reinstated lease shall be treated as a competitive or a
noncompetitive oil and 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 pursuant 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
provisions 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 request 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
subsection (d) of this section or in response to a request
filed after reinstatement, or both, the Secretary is authorized
to reduce the royalty 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
expenditure 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,
drilling operations were being diligently conducted on the last
day of the primary term of the lease, and, except for
nonpayment or rental, 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 notwithstanding 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) [All] 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 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 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
subdivisions of the State socially or economically impacted by
development of minerals leased under this Act, for (i)
planning, (ii) construction 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 Reclamation
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
disposition 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 ``miscellaneous 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. Payments
to States under this section with respect to any moneys
received 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 received, except for any portion of such moneys
which is under challenge and placed in a suspense account
pending resolution of a dispute. Such warrants shall be issued
by the United States Treasury not later than 10 days after
receipt of such moneys by the Treasury. 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 program 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 Treasury, to be known as the ``BLM Permit
Processing Improvement Fund'' (referred to in this
subsection as the ``Fund'').
(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
coordination 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 Account 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 received 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 development of oil and
gas resources under the jurisdiction of
a Project office; and
(iv) any opportunities for
partnership with local industry
organizations and educational
institutions in developing training
programs to facilitate the coordination
and processing of oil and gas use
authorizations.
(5) Fee account.--
(A) In general.--The Secretary shall use the
Fee Account 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 office 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 law, for each of fiscal years 2016 through 2026, the
Secretary, acting through the Director of the Bureau of
Land Management, 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 fiscal 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 Improvement 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
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
deposited and distributed in accordance with subsection (d) of
that section.
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISSENTING VIEWS
H.R. 2021 aims to address issues of ``environmental
justice'' (EJ) which the bill defines as ``the fair treatment
and meaningful involvement 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 includes communities with
``significant representation of communities of color, low-
income communities, or Tribal and Indigenous communities.''
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 analyze the environmental impacts of
federal actions on minority and low-income communities when
conducting analysis under the National Environmental Policy Act
of 1969 (NEPA).\2\
---------------------------------------------------------------------------
\1\Executive Order 12898, Federal Actions To Address Environmental
Justice in Minority Populations 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.
---------------------------------------------------------------------------
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 communities 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 communities, minimizing energy poverty and
creating economic opportunity. 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 minority communities.
H.R. 2021 would be successful in slowing or stopping all
projects in EJ Communities by creating increased reviews on top
of the already burdensome NEPA process and other statutes and
more opportunities for litigation. Specifically, H.R. 2021
would require ``community impact reports'' for federal actions
that require an environmental impact statement (EIS) under
NEPA. These community impact reports would consider the impacts
of an action on environmental communities as well as public
health data. The section of the bill would add additional
requirements (public comment periods, public meetings and
hearings) for any action under NEPA that may impact an EJ
community.
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 optional for BLM. The section of the bill would
also change the royalty 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
families and significant job loss.
Lastly, due to its wide-ranging impacts, H.R. 2021 has been
referred to six House committees but has so far only received a
hearing in the House Committee on Natural Resources.
For these reasons, I oppose H.R. 2021.
Bruce Westerman.
[all]