[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 373 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 373
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2023
Mr. Whitehouse (for himself, Mr. Cassidy, Mr. Kennedy, Mr. King, Mr.
Graham, Mrs. Shaheen, Ms. Collins, Mrs. Gillibrand, Mr. Daines, Mr.
Murphy, Mr. Blumenthal, Mr. Coons, Mr. Van Hollen, Mr. Cardin, Mr.
Warner, Mr. Kaine, Ms. Stabenow, Mr. Heinrich, Mr. Hickenlooper, Mrs.
Feinstein, Mr. Padilla, and Mr. Schatz) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
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.
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 ``Reinvesting In Shoreline Economies
and Ecosystems Act of 2023'' or the ``RISEE Act of 2023''.
SEC. 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:
``SEC. 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) in subsection (a)--
(A) by striking paragraph (2);
(B) by striking ``(a) Administration of Grants.--''
and all that follows through ``the following:'' 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:'';
(C) in subparagraph (A), by striking ``such
subsections'' and inserting ``this section'';
(D) by striking subparagraph (B) and inserting the
following:
``(B) Selection procedures and criteria for the
awarding of grants under this section that require
consultation with the Administrator and the Secretary
of the Interior.'';
(E) in subparagraph (C), by striking clause (ii)
and inserting the following:
``(ii) 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.'';
(F) in subparagraph (D), by striking ``Performance
accountability and monitoring'' and inserting
``Performance, accountability, and monitoring'';
(G) by redesignating subparagraphs (A) through (H)
as paragraphs (1) through (8), respectively, and moving
such paragraphs, as so redesignated, 2 ems to the left;
and
(H) in paragraph (3), as so redesignated, by
redesignating clauses (i) and (ii) as subparagraphs (A)
and (B), respectively, and moving such subparagraphs,
as so redesignated, 2 ems to the left;
(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 the
following: ``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 carried out under a lease entered into
on or after 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.''.
SEC. 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)--
(A) in subparagraph (A), by inserting ``and'' after
the semicolon;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C); 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.''.
SEC. 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.
<all>