[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2130 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2130

 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

                             June 17, 2021

 Mr. Whitehouse (for himself, Mr. Cassidy, Mr. Coons, Mrs. Hyde-Smith, 
Mr. Kaine, Mr. King, Mr. Schatz, Mrs. Shaheen, Mr. Van Hollen, and Mr. 
    Wicker) 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 2021'' or the ``RISEE Act of 2021''.

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 section 
                105(a)(2)(B) of the Gulf of Mexico Energy Security Act 
                of 2006 (43 U.S.C. 1331 note; Public Law 109-432);
                    ``(B) are deposited in the Fund under subparagraph 
                (C)(ii)(I)(bb) of section 8(p)(2) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)); and
                    ``(C) 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) Seventy percent of available amounts shall be 
                allocated equally among coastal States.
                    ``(B) Fifteen 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) Fifteen 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 wind 
                                energy 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 the covered offshore wind 
                                project.
                            ``(ii) Requirement.--
                                    ``(I) In general.--Of the operating 
                                fees, rentals, bonuses, royalties, and 
                                other payments that are paid to the 
                                Secretary under subparagraph (A) from 
                                covered offshore wind projects--
                                            ``(aa) 12.5 percent shall 
                                        be deposited in the Treasury 
                                        and credited to miscellaneous 
                                        receipts;
                                            ``(bb) 37.5 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
                                            ``(cc) 50 percent shall be 
                                        deposited in a special account 
                                        in the Treasury, from which the 
                                        Secretary, subject to subclause 
                                        (II), 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 2021) 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.

                                    ``(II) Minimum allocation.--The 
                                amount allocated to an eligible State 
                                each fiscal year under item (cc) of 
                                subclause (I) shall be at least 10 
                                percent of the amounts available under 
                                that item.
                            ``(iii) Timing.--The amounts required to be 
                        deposited under item (cc) of clause (ii)(I) 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)(I)(cc) 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.
                                            ``(ee) Planning assistance 
                                        and the administrative costs of 
                                        complying with this section.
                                    ``(II) Limitation.--Of the amounts 
                                received by a State under clause 
                                (ii)(I)(cc), 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)(I) 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.--
                                    ``(I) In general.--Not later than 
                                180 days after the end of each fiscal 
                                year, the Governor of each eligible 
                                State that receives amounts under 
                                clause (ii)(I)(cc) 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 the 
                                Governor of an eligible State that 
                                receives amounts under clause 
                                (ii)(I)(cc) 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)(I)(cc) for the succeeding 
                                fiscal year 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)).''.
    (h) Exemption of Certain Payments From Sequestration.--
            (1) 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 subparagraph 
                (C)(ii)(I)(cc) of section 8(p)(2) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)).''.
            (2) Applicability.--The amendment made by this subsection 
        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.

SEC. 3. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES.

    (a) 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; and
            (2) by striking clause (ii) and inserting the following:
                            ``(ii) with respect to amounts disbursed 
                        under subparagraphs (A) and (B) of section 
                        105(a)(2)--
                                    ``(I) in the case of each of fiscal 
                                years 2017 through 2021, all rentals, 
                                royalties, bonus bids, and other sums 
                                due and payable to the United States 
                                received on or after October 1, 2016, 
                                from leases entered into on or after 
                                December 20, 2006, for--
                                            ``(aa) the 181 Area;
                                            ``(bb) the 181 South Area; 
                                        and
                                            ``(cc) the 2002-2007 
                                        planning area; and
                                    ``(II) in the case of fiscal year 
                                2022 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, 2021, from leases entered 
                                into on or after October 1, 2000, for--
                                            ``(aa) the 181 Area;
                                            ``(bb) the 181 South Area; 
                                        and
                                            ``(cc) the 2002-2007 
                                        planning area; and
                            ``(iii) with respect to amounts disbursed 
                        under section 105(a)(2)(C), in the case of 
                        fiscal year 2017 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, 2016, 
                        from leases entered into on or after December 
                        20, 2006, for--
                                    ``(I) the 181 Area;
                                    ``(II) the 181 South Area; and
                                    ``(III) the 2002-2007 planning 
                                area.''.
    (b) Disposition of Qualified Outer Continental Shelf Revenues.--
            (1) 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--
                    (A) in paragraph (1), by striking ``50'' and 
                inserting ``25''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``50'' and inserting ``75'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``75 percent'' and 
                                inserting ``\2/3\''; and
                                    (II) by striking ``and'' after the 
                                semicolon;
                            (iii) in subparagraph (B), by striking ``25 
                        percent'' and inserting ``\1/6\'';
                            (iv) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (v) by inserting after subparagraph (A) the 
                        following:
                    ``(B) \1/6\ to 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)).''.
            (2) Conforming amendment.--Section 200304(b) of title 54, 
        United States Code, is amended, in the matter preceding 
        paragraph (1), by striking ``105(a)(2)(B)'' and inserting 
        ``105(a)(2)(C)''.
    (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 
                and 2021.'';
            (2) in paragraph (2), by striking ``2055'' and inserting 
        ``2021''; and
            (3) in paragraph (3), by striking ``and (B)'' and inserting 
        ``, (B), and (C)''.
    (d) Exemption of Certain Payments From Sequestration.--
            (1) 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).''.
            (2) Applicability.--The amendment made by this subsection 
        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.
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