[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2418 Reported in Senate (RS)]
<DOC>
Calendar No. 430
116th CONGRESS
2d Session
S. 2418
To amend the Gulf of Mexico Energy Security Act of 2006 to modify a
definition and the disposition and authorized uses of qualified outer
Continental Shelf revenues under that Act and to exempt State and
county payments under that Act from sequestration, to provide for the
distribution of certain outer Continental Shelf revenues to the State
of Alaska, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2019
Mr. Cassidy (for himself, Ms. Murkowski, Mr. Kennedy, Mr. Wicker, Mr.
Jones, Mr. Sullivan, and Mrs. Hyde-Smith) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
February 25, 2020
Reported by Ms. Murkowski, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To amend the Gulf of Mexico Energy Security Act of 2006 to modify a
definition and the disposition and authorized uses of qualified outer
Continental Shelf revenues under that Act and to exempt State and
county payments under that Act from sequestration, to provide for the
distribution of certain outer Continental Shelf revenues to the State
of Alaska, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Conservation Of
America's Shoreline Terrain and Aquatic Life Act'' or the ``COASTAL
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES
Sec. 101. Definition of qualified outer Continental Shelf revenues.
Sec. 102. Disposition of qualified outer Continental Shelf revenues.
Sec. 103. Exemption of certain payments from sequestration.
TITLE II--ALASKA OUTER CONTINENTAL SHELF REVENUES
Sec. 201. Definitions.
Sec. 202. Disposition of qualified revenues in Alaska.
TITLE III--STATE MINERAL REVENUE PROTECTION
Sec. 301. Elimination of administrative fee.
TITLE I--GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES
SEC. 101. DEFINITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES.
Section 102(9)(A) of the Gulf of Mexico Energy Security Act of 2006
(43 U.S.C. 1331 note; Public Law 109-432) is amended--
(1) in clause (i)(II), by striking ``and'' after the
semicolon;
(2) in clause (ii)--
(A) in the matter preceding subclause (I), by
striking ``fiscal year 2017 and each fiscal year
thereafter'' and inserting ``each of fiscal years 2017
through 2019''; and
(B) in subclause (III), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) in the case of fiscal year 2020 and
each fiscal year thereafter, all rentals,
royalties, bonus bids, and other sums due and
payable to the United States received on or
after October 1, 2019, from leases entered into
on or after October 1, 2000 for--
``(I) the 181 Area;
``(II) the 181 South Area; and
``(III) the 2002-2007 planning
area.''.
SEC. 102. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES.
(a) In General.--Section 105(a) of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is
amended--
(1) in paragraph (1), by striking ``50'' and inserting
``37.5''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``50'' and inserting ``62.5'';
(B) in subparagraph (A), by striking ``75'' and
inserting ``80''; and
(C) in subparagraph (B), by striking ``25'' and
inserting ``20''.
<DELETED> (b) Authorized Uses.--Section 105(d)(1) of the Gulf of
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law
109-432) is amended by adding at the end the following:</DELETED>
<DELETED> ``(F) Planning, engineering, design,
construction, operations, and maintenance of 1 or more
projects that are specifically authorized by any other
Act for ecosystem restoration, hurricane protection, or
flood damage prevention.''.</DELETED>
<DELETED> (c) Limitations on Amount of Distributed Qualified Outer
Continental Shelf Revenues.--</DELETED>
(b) Limitations on Amount of Distributed Qualified Outer
Continental Shelf Revenues.--Section 105(f) of the Gulf of Mexico
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)
is amended--
(1) in paragraph (1)--
(A) by striking subparagraphs (B) and (C);
(B) in subparagraph (A), by striking the semicolon
at the end and inserting a period; and
(C) beginning in the matter preceding subparagraph
(A), by striking ``exceed--'' and all that follows
through ``for each'' in subparagraph (A) and inserting
the following: ``exceed $500,000,000 for each''; and
(2) in paragraph (2), by striking ``2055'' and inserting
``2019''.
SEC. 103. EXEMPTION OF CERTAIN PAYMENTS FROM SEQUESTRATION.
(a) In General.--Section 255(g)(1)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is
amended by inserting after ``Payments to Social Security Trust Funds
(28-0404-0-1-651).'' the following:
``Payments to States pursuant to section
105(a)(2)(A) of the Gulf of Mexico Energy Security Act
of 2006 (Public Law 109-432; 43 U.S.C. 1331 note) (014-
5535-0-2-302).''.
(b) Applicability.--The amendment made by this section shall apply
to any sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or
after the date of enactment of this Act.
TITLE II--ALASKA OUTER CONTINENTAL SHELF REVENUES
SEC. 201. DEFINITIONS.
In this title:
(1) Coastal political subdivision.--The term ``coastal
political subdivision'' means--
(A) a county-equivalent subdivision of the State--
(i) all or part of which lies within the
coastal zone (as defined in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C.
1453)) of the State; and
(ii) the closest coastal point of which is
not more than 200 nautical miles from the
geographical center of any leased tract in the
Alaska outer Continental Shelf region; and
(B) a municipal subdivision of the State that is
determined by the State to be a significant staging
area for oil and gas servicing, supply vessels,
operations, suppliers, or workers.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) Qualified revenues.--
(A) In general.--The term ``qualified revenues''
means all revenues derived from all rentals, royalties,
bonus bids, and other sums due and payable to the
United States from energy development in the Alaska
outer Continental Shelf region.
(B) Exclusions.--The term ``qualified revenues''
does not include--
(i) revenues generated from leases subject
to section 8(g) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(g)); or
(ii) revenues from the forfeiture of a bond
or other surety securing obligations other than
royalties, civil penalties, or royalties taken
by the Secretary in-kind and not sold.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Alaska.
SEC. 202. DISPOSITION OF QUALIFIED REVENUES IN ALASKA.
(a) In General.--Notwithstanding section 9 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of
this section, for fiscal year 2021 and each fiscal year thereafter, the
Secretary of the Treasury shall deposit--
(1) 50 percent of qualified revenues in the general fund of
the Treasury;
(2) 42.5 percent of qualified revenues in a special account
in the Treasury, to be distributed by the Secretary to the
State; and
(3) 7.5 percent of qualified revenues in a special account
in the Treasury, to be distributed by the Secretary to coastal
political subdivisions.
(b) Allocation Among Coastal Political Subdivisions.--Of the amount
paid by the Secretary to coastal political subdivisions under
subsection (a)(3)--
(1) 90 percent shall be allocated among costal political
subdivisions described in section 201(1)(A) in amounts (based
on a formula established by the Secretary by regulation) that
are inversely proportional to the respective distances between
the point in each coastal political subdivision that is closest
to the geographic center of the applicable leased tract and not
more than 200 miles from the geographic center of the leased
tract; and
(2) 10 percent shall be divided equally among each coastal
political subdivision described in section 201(1)(B).
(c) Timing.--The amounts required to be deposited under subsection
(a) for the applicable fiscal year shall be made available in
accordance with that subsection during the fiscal year immediately
following the applicable fiscal year.
(d) Authorized Uses.--
(1) In general.--Subject to paragraph (2), the State shall
use all amounts received under subsection (a)(2) in accordance
with all applicable Federal and State laws, for 1 or more of
the following purposes:
(A) Projects and activities for the purposes of
coastal protection, conservation, and restoration,
including onshore infrastructure and relocation of
communities directly affected by coastal erosion,
melting permafrost, or climate change-related losses.
(B) Mitigation of damage to fish, wildlife, or
natural resources.
(C) Mitigation of the impact of outer Continental
Shelf activities through the funding of onshore
infrastructure projects and related rights-of-way.
(D) Adaptation planning, vulnerability assessments,
and emergency preparedness assistance to build healthy
and resilient communities.
(E) Installation and operation of energy systems to
reduce energy costs and greenhouse gas emissions
compared to systems in use as of the date of enactment
of this Act.
(F) Programs at institutions of higher education in
the State.
(G) Other purposes, as determined by the Governor
of the State, with approval from the State legislature.
(H) Planning assistance and the administrative
costs of complying with this section.
(2) Limitation.--Not more than 3 percent of amounts
received by the State under subsection (a)(2) may be used for
the purposes described in paragraph (1)(H).
(e) Administration.--Amounts made available under paragraphs (2)
and (3) of subsection (a) shall--
(1) be made available, without further appropriation, in
accordance with this section;
(2) remain available until expended; and
(3) be in addition to any amounts appropriated under any
other provision of law.
TITLE III--STATE MINERAL REVENUE PROTECTION
SEC. 301. ELIMINATION OF ADMINISTRATIVE FEE.
(a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C.
191) is amended--
(1) in subsection (a), in the first sentence, by striking
``, subject to the provisions of subsection (b),'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in subsection (b)(3)(B)(ii) (as so redesignated), by
striking ``subsection (d)'' and inserting ``subsection (c)'';
and
(5) in subsection (c)(3)(A)(ii) (as so redesignated), by
striking ``subsection (c)(2)(B)'' and inserting ``subsection
(b)(2)(B)''.
(b) Conforming Amendments.--
(1) Section 6(a) of the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 355(a)) is amended--
(A) in the first sentence, by striking ``Subject to
the provisions of section 35(b) of the Mineral Leasing
Act (30 U.S.C. 191(b)), all'' and inserting ``All'';
and
(B) in the second sentence, by striking ``of the
Act of February 25, 1920 (41 Stat. 450; 30 U.S.C.
191)'' and inserting ``of the Mineral Leasing Act (30
U.S.C. 191)''.
(2) Section 20(a) of the Geothermal Steam Act of 1970 (30
U.S.C. 1019(a)) is amended in the matter preceding paragraph
(1), in the second sentence, by striking ``the provisions of
subsection (b) of section 35 of the Mineral Leasing Act (30
U.S.C. 191(b)) and''.
(3) Section 205(f) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1735(f)) is amended by
striking the fourth, fifth, and sixth sentences.
Calendar No. 430
116th CONGRESS
2d Session
S. 2418
_______________________________________________________________________
A BILL
To amend the Gulf of Mexico Energy Security Act of 2006 to modify a
definition and the disposition and authorized uses of qualified outer
Continental Shelf revenues under that Act and to exempt State and
county payments under that Act from sequestration, to provide for the
distribution of certain outer Continental Shelf revenues to the State
of Alaska, and for other purposes.
_______________________________________________________________________
February 25, 2020
Reported with amendments