Summary of Energy, Environment, and Tribal Provisions Included in Bipartisan Infrastructure Package
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Summary of Energy, Environment, and Tribal Provisions Included in Bipartisan Infrastructure Package

Brownstein Client Alert, August 03, 2021

Earlier this week the Senate began consideration of the bipartisan infrastructure bill. Energy and environment, water and tribal provisions included in the bipartisan package are outlined below.

This week, the Senate will continue to take a number of votes on possible amendments before the package passes out of the Senate and moves to the House of Representatives for consideration.

After the Senate passes the bill, we will provide an update that includes substantial changes to the underlying provisions that are outlined below and additional information regarding the bill’s outlook.

Energy and Environment-Related Provisions:

11318. Categorical exclusion for certain gathering lines located on federal land and Indian land: Provides a categorical exclusion under the National Environmental Policy Act (NEPA) for gathering lines and associated field compression or pumping units located on federal or Indian land that service oil or gas wells if the gathering line and associated field compression or pumping unit:

  • Are located within a field or unit for which an approved land use plan or an environmental document prepared under NEPA analyzed transportation of oil, natural gas or produced water from one or more oil or gas wells as a reasonably foreseeable activity;
  • Are located adjacent to or within (i) any existing disturbed area; or (ii) an existing corridor for a right-of-way; and
  • Would reduce (i) emissions of methane that would be vented flared, or unintentionally emitted, for gathering lines transporting methane; or (ii) the vehicular traffic that would otherwise service the field or unit.

25012. Advanced transportation research: Establishes the Advanced Research Projects Agency – Infrastructure (ARPA-I) to ensure the U.S. is a leader in deploying advanced infrastructure, as well as lower the long-term costs of infrastructure development; reduce the lifecycle impacts of transportation infrastructure on the environment; improve the safe, secure and efficient movement of goods and people; and promote the resilience of infrastructure from physical and cyber threats. The definition of “infrastructure” includes pipelines. ARPA-I will provide assistance to infrastructure research projects that advance early-stage research with practical application to transportation infrastructure; translate techniques, processes and technologies from the conceptual phase to testing or demonstration; develop advanced manufacturing processes and technologies for the domestic manufacturing of novel transportation-related technologies; and accelerate transformational technological advances in areas where industry is unlikely to carry out projects due to technical and financial uncertainty. Project assistance may include grants, contracts, cooperative agreements, cash prizes or other similar forms of funding.

Click here for a full summary of provisions included in the bipartisan infrastructure package.

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