[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4586-S4588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2263. Mr. WHITEHOUSE (for himself and Mr. Cassidy) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--RISEE Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the ``Reinvesting In
Shoreline Economies and Ecosystems Act of 2024'' or the
``RISEE Act of 2024''.
SEC. 1097. 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--
[[Page S4587]]
``(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
2024) 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.
[[Page S4588]]
``(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. 1098. 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. 1099. 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.
______