Performance Grants

$1.5 billion is appropriated for Performance Grants in the Bipartisan Infrastructure Law.  Like Formula Grants, Performance Grants may be used on State and private land for the activities specified in Section 40601(c)(2) of the Bipartisan Infrastructure Law.

There are two categories of Performance Grants: Matching Grants and Regulatory Improvement Grants.  Subject to appropriations and other criteria, a State may be awarded and spend up to $30 and $40 million in Matching Grant and Regulatory Improvement Grant funds, respectively.

Under Section 40601(c)(5)(F), a State may receive a Matching Grant equal to “the amount that the State certifies to the Secretary the State will expend, during the fiscal year in which the State will receive the grant” less “the average annual amount expended by the State during the period of fiscal years 2010 through 2019.”  A State may receive more than one Matching Grant.

Under Section 40601(c)(5)(E), a State may receive up to two Regulatory Improvement Grants.  A State may receive a Regulatory Improvement Grant if, during the 10-year period ending on the date on which the State submits its application, the State demonstrates that it did either of the following:

  • Strengthened plugging standards and procedures designed to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment; or 
  • Made improvements to State programs designed to reduce future orphaned well burdens, such as financial assurance reform, alternative funding mechanisms for orphaned well programs, and reforms to programs relating to well transfer or temporary abandonment.

A State may receive up to $20 million for each of the above two criteria, and a State may receive only one grant for each criteria.

Additional guidance regarding the application process and reporting requirements will be provided.  If there is a discrepancy between the content of this website and the guidance, the guidance document prevails.


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