[Congressional Record Volume 166, Number 107 (Wednesday, June 10, 2020)]
[Senate]
[Pages S2882-S2885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1623. Mr. CASSIDY (for himself and Mr. Whitehouse) submitted an
amendment intended to be proposed to amendment SA 1617 proposed by Mr.
Gardner (for himself, Mr. Manchin, Mr. Daines, Mr. Warner, Mr. Portman,
Ms. Cantwell, Mr. Alexander, Mr. King, Mr. Burr, Mr. Tester, Ms.
Collins, Mr. Udall, Mr. Boozman, Mr. Schumer, Mr. Blunt, Ms. Harris,
Mrs. Capito, Mr. Peters, Mr. Tillis, Ms. Baldwin, Ms. McSally, Mr.
Casey, Mr. Graham, Mr. Heinrich, Mr. Bennet, Mrs. Feinstein, Mr.
Sanders, Mr. Booker, Ms. Cortez Masto, Mr. Merkley, Mr. Wyden, Mr.
Kaine, Ms. Sinema, Ms. Rosen, Mr. Coons, Ms. Smith, Ms. Hassan, Mrs.
Gillibrand, Mrs. Murray, Mr. Durbin, Mrs. Shaheen, Mr. Blumenthal, Mr.
Jones, Mr. Van Hollen, Mr. Menendez, Mr. Cardin, Mr. Brown, Ms. Hirono,
Ms. Warren, Mr. Murphy, Ms. Klobuchar, Ms. Duckworth, Ms. Stabenow, Mr.
Leahy, Mr. McConnell, Mr. Markey, Mr. Roberts, Mr. Perdue, Mr. Cramer,
and Mr. Schatz) to the bill H.R. 1957, to amend the Internal Revenue
Code of 1986 to modernize and improve the Internal Revenue Service, and
for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 4. OUTER CONTINENTAL SHELF REVENUES.
(a) Gulf of Mexico Outer Continental Shelf Revenues.--
(1) 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--
(A) in clause (i)(II), by striking ``and'' after the
semicolon;
(B) in clause (ii)--
(i) in the matter preceding subclause (I), by striking
``fiscal year 2017 and each fiscal year thereafter'' and
inserting ``each of fiscal years 2017 through 2020''; and
(ii) in subclause (III), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) in the case of fiscal year 2021 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, 2020, 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.''.
(2) Elimination of limitation on amount of distributed
qualified outer continental shelf revenues.--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 striking
subsection (f) and inserting the following:
[[Page S2883]]
``(f) Limitations on Amount of Distributed Qualified Outer
Continental Shelf Revenues.--
``(1) Limitations.--
``(A) Fiscal years 2016 through 2020.--Subject to paragraph
(2), the total amount of qualified outer Continental Shelf
revenues made available under subsection (a)(2) shall not
exceed--
``(i) $500,000,000 for each of fiscal years 2016 through
2019; and
``(ii) $650,000,000 for fiscal year 2020.
``(B) Fiscal years 2021 through 2055.--Subject to paragraph
(2), the total amount of qualified outer Continental Shelf
revenues made available under subsection (a)(2)(B) shall not
exceed $125,000,000 for each of fiscal years 2021 through
2055.
``(2) Expenditures.--
``(A) Fiscal years 2016 through 2020.--For the purpose of
paragraph (1)(A), for each of fiscal years 2016 through 2020,
expenditures under subsection (a)(2) shall be net of receipts
from that fiscal year from any area in the 181 Area in the
Eastern Planning Area and the 181 South Area.
``(B) Fiscal years 2021 through 2055.--For the purpose of
paragraph (1)(B), for each of fiscal years 2021 through 2055,
expenditures under subsection (a)(2)(B) shall be net of
receipts from that fiscal year from any area in the 181 Area
in the Eastern Planning Area and the 181 South Area.
``(3) Pro rata reductions; reversion.--
``(A) Fiscal years 2016 through 2020.--If paragraph (1)(A)
limits the amount of qualified outer Continental Shelf
revenues that would be paid under subparagraphs (A) and (B)
of subsection (a)(2)--
``(i) the Secretary shall reduce the amount of qualified
outer Continental Shelf revenues provided to each recipient
on a pro rata basis; and
``(ii) any remainder of the qualified outer Continental
Shelf revenues shall revert to the general fund of the
Treasury.
``(B) Fiscal years 2021 through 2055.--If paragraph (1)(B)
limits the amount of qualified outer Continental Shelf
revenues that would be paid under subsection (a)(2)(B), any
remainder of the qualified outer Continental Shelf revenues
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)).''.
(b) Alaska Outer Continental Shelf Revenues.--
(1) Definitions.--In this subsection:
(A) Coastal political subdivision.--The term ``coastal
political subdivision'' means--
(i) 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
(ii) 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.
(B) 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).
(C) Qualified revenues.--
(i) 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.
(ii) 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.
(D) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(E) State.--The term ``State'' means the State of Alaska.
(2) Disposition of qualified revenues in alaska.--
Notwithstanding section 9 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1338) and subject to the other
provisions of this subsection, for fiscal year 2021 and each
fiscal year thereafter, the Secretary of the Treasury shall
deposit--
(A) 50 percent of qualified revenues in the general fund of
the Treasury;
(B) 42.5 percent of qualified revenues in a special account
in the Treasury, to be distributed by the Secretary to the
State; and
(C) 7.5 percent of qualified revenues in a special account
in the Treasury, to be distributed by the Secretary to
coastal political subdivisions.
(3) Allocation among coastal political subdivisions.--Of
the amount paid by the Secretary to coastal political
subdivisions under paragraph (2)(C)--
(A) 90 percent shall be allocated among costal political
subdivisions described in paragraph (1)(A)(i) 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
(B) 10 percent shall be divided equally among each coastal
political subdivision described in paragraph (1)(A)(ii).
(4) Timing.--The amounts required to be deposited under
paragraph (2) for the applicable fiscal year shall be made
available in accordance with that paragraph during the fiscal
year immediately following the applicable fiscal year.
(5) Authorized uses.--
(A) In general.--Subject to subparagraph (B), the State
shall use all amounts received under paragraph (2)(B) in
accordance with all applicable Federal and State laws, for 1
or more of the following purposes:
(i) 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.
(ii) Mitigation of damage to fish, wildlife, or natural
resources.
(iii) Mitigation of the impact of outer Continental Shelf
activities through the funding of onshore infrastructure
projects and related rights-of-way.
(iv) Adaptation planning, vulnerability assessments, and
emergency preparedness assistance to build healthy and
resilient communities.
(v) 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.
(vi) Programs at institutions of higher education in the
State.
(vii) Other purposes, as determined by the Governor of the
State, with approval from the State legislature.
(viii) Planning assistance and the administrative costs of
complying with this subsection.
(B) Limitation.--Not more than 3 percent of amounts
received by the State under paragraph (2)(B) may be used for
the purposes described in subparagraph (A)(viii).
(6) Administration.--Amounts made available under
subparagraphs (B) and (C) of paragraph (2) shall--
(A) be made available, without further appropriation, in
accordance with this subsection;
(B) remain available until expended; and
(C) be in addition to any amounts appropriated under any
other provision of law.
SEC. 5. 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) in paragraph (7), by striking ``has the meaning given
that term pursuant to'' and inserting ``means a `tidal
shoreline' or a `Great Lake shoreline', as those terms are
used in''.
(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 jointly 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(f)(3)(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) In general.--Of the amounts deposited into, and
amounts appropriated or otherwise made available for, the
Fund for each fiscal year--
``(A) not more than 75 percent may be used for the award of
grants under section 906(b);
``(B) not more than 20 percent may be used for the award of
grants under section 906(c); and
``(C) not more than 5 percent may be used by the
Administrator and the Foundation for administrative expenses
to carry out this title.
``(2) Limitation.--If less than $50,000,000 is deposited
into, or appropriated or otherwise made available for, the
Fund for a fiscal year, in that fiscal year--
``(A) amounts in the Fund shall be used for the award of
grants only under section 906(c); and
``(B) not more than 5 percent may be used by the
Administrator and the Foundation for administrative expenses
to carry out this title.
``(3) Division of amounts for administrative expenses.--The
amounts referred to in paragraphs (1)(C) and (2)(B) shall be
divided between the Administrator and the Foundation pursuant
to an agreement reached and documented by both the
Administrator and the Foundation.''; and
[[Page S2884]]
(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 and the Foundation to support programs and
activities 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 for
the purposes described in subsection (b).
``(b) Purposes Described.--The purposes described in this
subsection are the following:
``(1) Ocean, coastal, and Great Lakes restoration and
protection, including efforts to address potential impacts to
natural resources, communities, and coastal economies of sea
level change, sedimentation, erosion, changes in ocean
chemistry, hurricanes and other extreme coastal storms,
flooding, and changes in ocean temperature.
``(2) Restoration, protection, or maintenance of ocean,
coastal, and Great Lakes resources and marine habitats.
``(3) Projects to address management, planning, or
resiliency and readiness at a regional scope, such as through
regional ocean partnerships or similar bodies, including
sustainable coastal development.
``(4) Scientific research that contributes to the
understanding and mitigation of ecological, economic,
societal, and national security threats driven by sea level
change, sedimentation, erosion, changes in ocean chemistry,
hurricanes and other extreme weather that result in
declarations of major disasters pursuant to section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), flooding, and changes in
ocean temperature, including specific attention to how those
conditions impact commercial and recreational fishing
businesses, aquaculture, boat building, ports, or other
coastal-related businesses.
``(5) Efforts to assist coastal States in strengthening,
stabilizing, elevating, modifying, repositioning, or
otherwise enhancing the resiliency of onshore infrastructure,
including public infrastructure, affected by coastal land
loss or erosion, hurricanes or other extreme coastal storms,
or flooding from sea level change.
``(6) The collection, compilation, and sharing of data that
supports and includes regular stakeholder engagement to
minimize actual or potential conflicts among ocean users.
``(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 into 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''; and
(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;
(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) 50 percent of available amounts shall be allocated
equally among coastal States.
``(B) 25 percent of available amounts shall be allocated on
the basis of the ratio of tidal shoreline miles in a coastal
State to the tidal shoreline miles of all coastal States.
``(C) 25 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) Requirement to submit plans.--
``(A) In general.--To be eligible to receive a grant under
this subsection, a coastal State shall submit to the
Administrator for review and approval a 5-year plan, which
shall include the following:
``(i) Criteria to determine eligibility for entities that
may receive funding under this subsection.
``(ii) A description of the process the coastal State will
use in allocating amounts received under this subsection,
which shall include--
``(I) a description of the relative roles in the State
process of--
``(aa) the State coastal zone management program approved
under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.), if the coastal State has such a program; and
``(bb) any sea grant program (as defined in section 203 of
the National Sea Grant College Program Act (33 U.S.C. 1122)),
if the coastal State has such a program; and
``(II) a demonstration the process is consistent with the
procedures established by the Administrator and the
Foundation under subsection (a).
``(iii) A process to certify that a project or program
carried out using amounts received under this subsection, and
the awarding of a contract for the expenditure of such
amounts, are consistent with the standard procurement rules
and regulations governing a comparable project or program in
the coastal State, including all applicable competitive
bidding and audit requirements.
``(iv) Procedures to make publicly available on the
internet a list of all projects and programs receiving
amounts under this subsection that includes, at a minimum--
``(I) an identification of each entity receiving amounts
under this subsection;
``(II) the amount of funds received by each such entity;
``(III) a description of each such project and program; and
``(IV) a statement of the status of each such project and
program.
``(B) Updates.--As a condition of receiving a grant under
this subsection, a coastal State shall submit to the
Administrator, not less frequently than once every 5 years,
an update to the plan submitted by the coastal State under
subparagraph (A) for the 5-year period immediately following
the most recent submittal under this paragraph.
``(C) Inaugural year.--In the first year after the date of
the enactment of the Great American Outdoors Act in which the
Administrator awards grants under this subsection--
``(i) a plan approved under this paragraph shall not be
required; and
``(ii) a coastal State may use amounts received under this
subsection to develop a plan under this paragraph to receive
funding in future years.
``(4) Opportunity for public comment.--In determining
whether to approve a plan or an update to a plan under
paragraph (3), the Administrator shall provide the
opportunity for, and take into consideration, public input
and comment on the plan.
``(5) Nonparticipation by a state.--In any year, if a
coastal State does not submit a plan as required by paragraph
(3) or declines amounts distributed under this subsection,
the amounts that would have been allocated to the coastal
State shall be redistributed equally among the remaining
coastal States.''; and
(3) in subsection (c)--
(A) in paragraph (2)(B)--
(i) in clause (ii), by striking ``; and'' and inserting a
semicolon;
(ii) by redesignating clause (iii) as clause (iv); and
(iii) by inserting after clause (ii) the following:
``(iii) nongovernmental organizations; and''; and
(B) by adding at the end the following:
``(3) Matching requirement.--As a condition of receiving a
grant under this subsection, the entity seeking to receive
the grant shall demonstrate that funds are available from
non-Federal sources to match the amount of the grant.
``(4) 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) Extension of Constitution, Laws, and Jurisdiction of
the United States to Energy Facilities and Devices on the
Outer Continental Shelf.--Section 4(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) is
amended--
[[Page S2885]]
(1) by inserting ``or producing or supporting the
production of energy from sources other than oil and gas''
before ``, or any such installation'';
(2) by inserting ``or transmitting energy'' after
``transporting such resources''; and
(3) in the proviso, by inserting ``and other energy'' after
``That mineral''.
(h) 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) 50 percent shall be deposited in the Treasury and
credited to miscellaneous receipts;
``(bb) 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
``(cc) 37.5 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 Great American Outdoors Act) 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.
``(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)).''.
(i) 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 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.
______