[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1740 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1740
To require the Secretary of the Interior to make energy transition
payments to States, counties, and Indian Tribes to replace Federal
mineral revenues lost as a result of changes in Federal policy, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2021
Mr. Heinrich (for himself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of the Interior to make energy transition
payments to States, counties, and Indian Tribes to replace Federal
mineral revenues lost as a result of changes in Federal policy, 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.
This Act may be cited as the ``Schools and State Budgets Certainty
Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Base mineral revenue amount.--The term ``base mineral
revenue amount'' means--
(A) for fiscal year 2021, the average of the annual
mineral revenue payments received by an eligible State,
eligible county, or eligible Indian Tribe for the
period of fiscal years 2016 through 2020; and
(B) for fiscal year 2022 and each fiscal year
thereafter, an amount equal to 95 percent of the base
mineral revenue amount for the eligible State, eligible
county, or eligible Indian Tribe for the preceding
fiscal year.
(2) County.--The term ``county'' means a coastal political
subdivision (as defined in section 102 of the Gulf of Mexico
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law
109-432)).
(3) Eligible state, eligible county, eligible indian
tribe.--The terms ``eligible State'', ``eligible county'', and
``eligible Indian Tribe'' mean a State, county, and Indian
Tribe, respectively, that received a mineral revenue payment in
any of fiscal years 2016 through 2020.
(4) Energy transition payment.--The term ``energy
transition payment'' means the payment for an eligible State,
eligible county, or eligible Indian Tribe calculated under
section 3(a).
(5) Mineral revenue payment.--The term ``mineral revenue
payment'' means the total amount paid by the Federal Government
to a State, county, or Indian Tribe in a fiscal year pursuant
to--
(A) the Act of May 11, 1938 (52 Stat. 347, chapter
198; 25 U.S.C. 396a et seq.) (commonly known as the
``Indian Mineral Leasing Act of 1938'');
(B) the Mineral Leasing Act (30 U.S.C. 181 et
seq.);
(C) the Mineral Leasing Act for Acquired Lands (30
U.S.C. 351 et seq.); and
(D) the Gulf of Mexico Energy Security Act of 2006
(43 U.S.C. 1331 note; Public Law 109-432) (other than
section 105(a)(2)(B) of that Act).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. ANNUAL ENERGY TRANSITION PAYMENTS.
(a) In General.--For fiscal year 2021 and each fiscal year
thereafter, the Secretary shall calculate for each eligible State,
eligible county, and eligible Indian Tribe an amount equal to the
difference between--
(1) the base mineral revenue amount for the eligible State,
eligible county, or eligible Indian Tribe for that fiscal year;
and
(2) the mineral revenue payment for the eligible State,
eligible county, or eligible Indian Tribe for that fiscal year.
(b) Payments to Eligible States, Counties, and Indian Tribes.--
(1) In general.--Subject to subsection (c), for each fiscal
year, the Secretary shall pay to each eligible State, eligible
county, and eligible Indian Tribe, without further
appropriation, the amount of the energy transition payment
calculated under subsection (a).
(2) Condition on use of funds.--For each energy transition
payment received by an eligible State or eligible county for a
fiscal year, the percentage of the energy transition payment
that is equivalent to the percentage of the mineral revenue
payment received by the eligible State or eligible county for
that fiscal year pursuant to the Gulf of Mexico Energy Security
Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) shall be
subject to section 105(d) that Act.
(c) Limitation.--An eligible State, eligible county, or eligible
Indian Tribe shall not receive an energy transition payment under this
section for any fiscal year for which the mineral revenue payment
received by the eligible State, eligible county, or eligible Indian
Tribe is greater than the base mineral revenue amount for the eligible
State, eligible county, or eligible Indian Tribe for that fiscal year.
(d) Timing of Payment.--The energy transition payments required
under this section for a fiscal year shall be made as soon as
practicable after the end of that fiscal year.
(e) Maintenance of Funding.--The energy transition payments made to
eligible States, eligible counties, and eligible Indian Tribes under
this section shall supplement (and not supplant) other Federal funding
made available to eligible States, eligible counties, and eligible
Indian Tribes.
(f) Direct Payments.--The energy transition payments made to
eligible States, eligible counties, and eligible Indian Tribes under
this section shall be made as direct payments and not as Federal
financial assistance.
(g) Mandatory Funding.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, and on October 1, 2021, and on each
October 1 thereafter, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary such sums as are necessary to carry
out this section, to remain available until expended.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
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