109 HR 913 IH: Reinvesting In Shoreline Economies and Ecosystems Act of 2023
U.S. House of Representatives
2023-02-09
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EN
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I
118th CONGRESS
1st Session
H. R. 913
IN THE HOUSE OF REPRESENTATIVES
February 9, 2023
Mrs. Fletcher (for herself, Mr. Weber of Texas, Mr. Davis of North Carolina, Ms. Mace, Ms. Spanberger, and Ms. Eshoo) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To modify the disposition of certain outer Continental Shelf revenues and to open Federal financial sharing to heighten opportunities for renewable energy, and for other purposes.
1.

Short title
This Act may be cited as the “Reinvesting In Shoreline Economies and Ecosystems Act of 2023” or the “RISEE Act of 2023”.
2.

National Oceans and Coastal Security Fund; parity in offshore wind revenue sharing
(a)

Definitions in the National Oceans and Coastal Security Act
Section 902 of the National Oceans and Coastal Security Act (16 U.S.C. 7501) is amended—
(1)
by striking paragraph (5) and inserting the following:
“(5)

Indian tribe
The term Indian tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).”; and
(2)
by striking paragraph (7) and inserting the following:
“(7)

Tidal shoreline
The term tidal shoreline means the length of tidal shoreline or Great Lake shoreline based on the most recently available data from or accepted by the Office of Coast Survey of the National Oceanic and Atmospheric Administration.”.
(b)

National Oceans and Coastal Security Fund
Section 904 of the National Oceans and Coastal Security Act (16 U.S.C. 7503) is amended—
(1)
in subsection (a), by inserting “and manage” after “establish”;
(2)
in subsection (b), by striking paragraph (1) and inserting the following:
“(1)

In general
The Fund shall consist of such amounts as—
(A)
are deposited in the Fund under subparagraph (C)(ii)(II) of section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)); and
(B)
are appropriated or otherwise made available for the Fund.”;
(3)
by striking subsection (d) and inserting the following:
“(d)

Expenditure
(1)

$34,000,000 or less
If $34,000,000 or less is deposited in, or appropriated or otherwise made available for, the Fund for a fiscal year, in that fiscal year—
(A)
not more than 5 percent of such amounts may be used by the Administrator and the Foundation for administrative expenses to carry out this title; and
(B)
any remaining amounts shall be used only for the award of grants under section 906(c).
(2)

More than $34,000,000
If more than $34,000,000 is deposited in, or appropriated or otherwise made available for, the Fund for a fiscal year, in that fiscal year—
(A)
not more than 5 percent of such amounts may be used by the Administrator and the Foundation for administrative expenses to carry out this title;
(B)
not less than $34,000,000 shall be used for the award of grants under section 906(c); and
(C)
of any amounts exceeding $34,000,000—
(i)
not more than 75 percent may be used for the award of grants under section 906(b); and
(ii)
not more than 20 percent may be used for the award of grants under section 906(c).
(3)

Division of amounts for administrative expenses
The amounts referred to in paragraphs (1)(A) and (2)(A) shall be divided between the Administrator and the Foundation pursuant to an agreement reached and documented by both the Administrator and the Foundation.”; and
(4)
in subsection (e)(2), by striking “section 906(a)(1)” and inserting “section 906(a)”.
(c)

Eligible uses of amounts in the National Oceans and Coastal Security Fund
Section 905 of the National Oceans and Coastal Security Act (16 U.S.C. 7504) is amended to read as follows:
“905.

Eligible uses
(a)

In general
Amounts in the Fund may be allocated by the Administrator under section 906(b) and the Foundation, in consultation with the Administrator, under section 906(c) to support programs and activities intended to improve understanding and use of ocean and coastal resources and coastal infrastructure.
(b)

Programs and activities
The programs and activities referred to in subsection (a) may include scientific research related to changing environmental conditions, ocean observing projects, efforts to enhance resiliency of infrastructure and communities (including project planning and design), habitat protection and restoration, monitoring and reducing damage to natural resources and marine life (including birds, marine mammals, and fish), and efforts to support sustainable seafood production carried out by States, local governments, Indian tribes, regional and interstate collaboratives (such as regional ocean partnerships), nongovernmental organizations, public-private partnerships, and academic institutions.
(c)

Prohibition on use of funds for litigation or other purposes
No funds made available under this title may be used—
(1)
to fund litigation against the Federal Government; or
(2)
to fund the creation of national marine monuments, marine protected areas, or marine spatial plans.”.
(d)

Grants under the National Oceans and Coastal Security Act
Section 906 of the National Oceans and Coastal Security Act (16 U.S.C. 7505) is amended—
(1)
by striking subsection (a) and inserting the following:
“(a)

Administration of grants
Not later than 90 days after funds are deposited in the Fund and made available to the Administrator and the Foundation for administrative purposes, the Administrator and the Foundation shall establish the following:
(1)
Application and review procedures for the awarding of grants under this section, including requirements ensuring that any amounts awarded under this section may only be used for an eligible use described under section 905.
(2)
Selection procedures and criteria for the awarding of grants under this section that require consultation with the Administrator and the Secretary of the Interior.
(3)
Eligibility criteria for awarding grants—
(A)
under subsection (b) to coastal States; and
(B)
under subsection (c) to entities including States, local governments, Indian tribes, regional and interstate collaboratives (such as regional ocean partnerships), nongovernmental organizations, public-private partnerships, and academic institutions.
(4)
Performance, accountability, and monitoring measures for programs and activities funded by a grant awarded under subsection (b) or (c).
(5)
Procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under this section, including standards of recordkeeping.
(6)
Procedures to carry out audits of the Fund as necessary, but not less frequently than once every year if grants have been awarded in that year.
(7)
Procedures to carry out audits of the recipients of grants under this section.
(8)
Procedures to make publicly available on the Internet a list of all projects funded by the Fund, that includes at a minimum the grant recipient, grant amount, project description, and project status.”;
(2)
by striking subsection (b) and inserting the following:
“(b)

Grants to coastal States
(1)

In general
The Administrator shall award grants to coastal States as follows:
(A)
70 percent of available amounts shall be allocated equally among coastal States.
(B)
15 percent of available amounts shall be allocated on the basis of the ratio of tidal shoreline in a coastal State to the tidal shoreline of all coastal States.
(C)
15 percent of available amounts shall be allocated on the basis of the ratio of population density of the coastal counties of a coastal State to the average population density of all coastal counties based on the most recent data available from the Bureau of the Census.
(2)

Maximum allocation to States
Notwithstanding paragraph (1), not more than 5 percent of the total funds distributed under this subsection may be allocated to any single coastal State. Any amount exceeding that limitation shall be redistributed equally among the remaining coastal States.
(3)

Optional matching funds
Each entity seeking to receive a grant under this subsection is encouraged, but not required, to demonstrate that funds of any amount are available from non-Federal sources to supplement the amount of the grant.”; and
(3)
in subsection (c)—
(A)
in paragraph (1), by striking “The Administrator and the Foundation” and inserting “The Foundation, in consultation with the Administrator,”; and
(B)
by adding at the end the following:
“(3)

Exclusion of funds from limitation
The amount of a grant awarded under this subsection shall not count toward the limitation under subsection (b)(2) on funding to coastal States through grants awarded under subsection (b).” .
(e)

Annual report on operation of the National Oceans and Coastal Security Fund
Section 907(a) of the National Oceans and Coastal Security Act (16 U.S.C. 7506(a)) is amended by striking “Subject to” and all that follows through “the Foundation” and inserting “Not later than 60 days after the end of each fiscal year, the Administrator and the Foundation”.
(f)

Repeal of authorization of appropriations for fiscal years 2017, 2018, and 2019
Section 908 of the National Oceans and Coastal Security Act (16 U.S.C. 7507) is repealed.
(g)

Parity in offshore wind revenue sharing
Section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is amended—
(1)
in subparagraph (A), by striking “(A) The Secretary” and inserting the following:
“(A)

In general
Subject to subparagraphs (B) and (C), the Secretary”;
(2)
in subparagraph (B), by striking “(B) The Secretary” and inserting the following:
“(B)

Disposition of revenues for projects located within 3 nautical miles seaward of State submerged land
The Secretary”; and
(3)
by adding at the end the following:
“(C)

Disposition of revenues for offshore wind projects in certain areas
(i)

Definitions
In this subparagraph:
(I)

Covered offshore wind project
The term covered offshore wind project means a wind-powered electric generation project in a lease area on the outer Continental Shelf that is not wholly or partially located within an area subject to subparagraph (B).
(II)

Eligible state
The term eligible State means a State a point on the coastline of which is located within 75 miles of the geographic center of a lease tract lying wholly or partly within the area of the applicable covered offshore wind project.
(ii)

Requirement
Of the operating fees, rentals, bonuses, royalties, and other payments that are paid to the Secretary under subparagraph (A) from covered offshore wind projects, to include bonuses and royalties beginning January 1, 2022—
(I)
50 percent shall be deposited in the Treasury and credited to miscellaneous receipts;
(II)
12.5 percent shall be deposited in the National Oceans and Coastal Security Fund established under section 904(a) of the National Oceans and Coastal Security Act (16 U.S.C. 7503(a)); and
(III)
37.5 percent shall be deposited in a special account in the Treasury, from which the Secretary shall disburse to each eligible State an amount (based on a formula established by the Secretary of the Interior by rulemaking not later than 180 days after the date of enactment of the Reinvesting In Shoreline Economies and Ecosystems Act of 2023) that is inversely proportional to the respective distances between—
- (aa)
the point on the coastline of each eligible State that is closest to the geographic center of the applicable leased tract; and
- (bb)
the geographic center of the leased tract.
(iii)

Timing
The amounts required to be deposited under subclause (III) of clause (ii) for the applicable fiscal year shall be made available in accordance with that item during the fiscal year immediately following the applicable fiscal year.
(iv)

Authorized uses
(I)

In general
Subject to subclause (II), each State shall use all amounts received under clause (ii)(III) in accordance with all applicable Federal and State laws, only for 1 or more of the following purposes:
- (aa)
Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses.
- (bb)
Mitigation of damage to fish, wildlife, or natural resources, including through fisheries science and research.
- (cc)
Implementation of a federally approved marine, coastal, or comprehensive conservation management plan.
- (dd)
Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects, on the condition that the projects are not primarily for entertainment purposes.
- (ee)
Planning assistance and the administrative costs of complying with this section.
(II)

Limitation
Of the amounts received by a State under clause (ii)(III), not more than 3 percent shall be used for the purposes described in subclause (I)(ee).
(v)

Administration
Subject to clause (vi)(III), amounts made available under clause (ii) shall—
(I)
be made available, without further appropriation, in accordance with this paragraph;
(II)
remain available until expended; and
(III)
be in addition to any amount appropriated under any other Act.
(vi)

Reporting requirement for fiscal year 2023 and thereafter
(I)

In general
Beginning with fiscal year 2023, not later than 180 days after the end of each fiscal year, each eligible State that receives amounts under clause (ii)(III) for the applicable fiscal year shall submit to the Secretary a report that describes the use of the amounts by the eligible State during the period covered by the report.
(II)

Public availability
On receipt of a report under subclause (I), the Secretary shall make the report available to the public on the website of the Department of the Interior.
(III)

Limitation
If an eligible State that receives amounts under clause (ii)(III) for the applicable fiscal year fails to submit the report required under subclause (I) by the deadline specified in that subclause, any amounts that would otherwise be provided to the eligible State under clause (ii)(III) for the succeeding fiscal year shall be withheld for the succeeding fiscal year until the date on which the report is submitted.
(IV)

Contents of report
Each report required under subclause (I) shall include, for each project funded in whole or in part using amounts received under clause (ii)(III)—
- (aa)
the name and description of the project;
- (bb)
the amount received under clause (ii)(III) that is allocated to the project; and
- (cc)
a description of how each project is consistent with the authorized uses under clause (iv)(I).
(V)

Clarification
Nothing in this clause—
- (aa)
requires or provides authority for the Secretary to delay, modify, or withhold payment under clause (ii)(III), other than for failure to submit a report as required under this clause;
- (bb)
requires or provides authority for the Secretary to review or approve uses of funds reported under this clause;
- (cc)
requires or provides authority for the Secretary to approve individual projects that receive funds reported under this clause;
- (dd)
requires an eligible State to obtain the approval of, or review by, the Secretary prior to spending funds disbursed under clause (ii)(III);
- (ee)
requires or provides authority for the Secretary to issue guidance relating to the contents of, or to determine the completeness of, the report required under this clause;
- (ff)
requires an eligible State to obligate or expend funds by a certain date; or
- (gg)
requires or provides authority for the Secretary to request an eligible State to return unobligated funds.
(vii)

Treatment of amounts
Amounts disbursed to an eligible State under this subparagraph shall be treated as revenue sharing and not as a Federal award or grant for the purposes of part 200 of title 2, Code of Federal Regulations.”.
3.

Gulf of Mexico outer Continental Shelf revenues
(a)

Authorized uses
Section 105(d)(1)(D) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is amended by inserting “, on the condition that the projects are not primarily for entertainment purposes” after “infrastructure projects”.
(b)

Administration
Section 105(e) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) is amended, in the matter preceding paragraph (1), by striking “Amounts” and inserting “Subject to subsection (g)(3), amounts”.
(c)

Elimination of limitation 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), by striking subparagraphs (A) through (C) and inserting the following:
“(A)
$500,000,000 for each of fiscal years 2016 through 2019; and
(B)
$650,000,000 for each of fiscal years 2020 through 2022.”; and
(2)
in paragraph (2), by striking “2055” and inserting “2022”.
(d)

Reporting requirements
Section 105 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:
“(g)

Reporting requirement for fiscal year 2023 and thereafter
(1)

In general
Beginning with fiscal year 2023, not later than 180 days after the end of each fiscal year, each Gulf producing State that receives amounts under subsection (a)(2)(A) for the applicable fiscal year shall submit to the Secretary a report that describes the use of the amounts by the Gulf producing State during the period covered by the report.
(2)

Public availability
On receipt of a report under paragraph (1), the Secretary shall make the report available to the public on the website of the Department of the Interior.
(3)

Limitation
If a Gulf producing State that receives amounts under subsection (a)(2)(A) for the applicable fiscal year fails to submit the report required under paragraph (1) by the deadline specified in that paragraph, any amounts that would otherwise be provided to the Gulf producing State under subsection (a)(2)(A) for the succeeding fiscal year shall be withheld for the succeeding fiscal year until the date on which the report is submitted.
(4)

Contents of report
Each report required under paragraph (1) shall include, for each project funded in whole or in part using amounts received under subsection (a)(2)(A)—
(A)
the name and description of the project;
(B)
the amount received under subsection (a)(2)(A) that is allocated to the project; and
(C)
a description of how each project is consistent with the authorized uses under subsection (d)(1).
(5)

Clarification
Nothing in this clause—
(A)
requires or provides authority for the Secretary to delay, modify, or withhold payment under subsection (a)(2)(A), other than for failure to submit a report as required under this subsection;
(B)
requires or provides authority for the Secretary to review or approve uses of funds reported under this subsection;
(C)
requires or provides authority for the Secretary to approve individual projects that receive funds reported under this subsection;
(D)
requires a Gulf producing State to obtain the approval of, or review by, the Secretary prior to spending funds disbursed under subsection (a)(2)(A);
(E)
requires or provides authority for the Secretary to issue guidance relating to the contents of, or to determine the completeness of, the report required under this subsection;
(F)
requires a Gulf producing State to obligate or expend funds by a certain date; or
(G)
requires or provides authority for the Secretary to request a Gulf producing State to return unobligated funds.
(h)

Treatment of amounts
Amounts disbursed to a Gulf producing State under this section shall be treated as revenue sharing and not as a Federal award or grant for the purposes of part 200 of title 2, Code of Federal Regulations.”.
4.

Elimination of administrative fee under the Mineral Leasing Act
(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 “and, 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 paragraph (3)(B)(ii) of subsection (b) (as so redesignated), by striking “subsection (d)” and inserting “subsection (c)”; and
(5)
in paragraph (3)(A)(ii) of subsection (c) (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 second sentence of the matter preceding paragraph (1), by striking “the provisions of subsection (b) of section 35 of the Mineral Leasing Act (30 U.S.C. 191(b)) and section 5(a)(2) of this Act” and inserting “section 5(a)(2)”.
(3)
Section 205(f) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1735(f)) is amended—
(A)
in the first sentence, by striking “this Section” and inserting “this section”; and
(B)
by striking the fourth, fifth, and sixth sentences.