[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4740-S4741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2415. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her 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
[[Page S4741]]
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle G of title X, add the following:
SEC. 10___. ALASKA OFFSHORE PARITY.
(a) Definitions.--In this section:
(1) Coastal political subdivision.--The term ``coastal
political subdivision'' means--
(A) 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
(B) 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.
(2) 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).
(3) Qualified revenues.--
(A) 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.
(B) 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.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Alaska.
(b) Disposition of Qualified Revenues in Alaska.--
(1) In general.--Notwithstanding section 9 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1338) and subject to
the other provisions of this section, for fiscal year 2024
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) 30 percent of qualified revenues in a special account
in the Treasury, to be distributed by the Secretary to the
State;
(C) 7.5 percent of qualified revenues in a special account
in the Treasury, to be distributed by the Secretary to
coastal political subdivisions; and
(D) 12.5 percent of qualified revenues 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)).
(2) Allocation among coastal political subdivisions.--Of
the amount paid by the Secretary to coastal political
subdivisions under paragraph (1)(C)--
(A) 90 percent shall be allocated among costal political
subdivisions described in subsection (a)(1)(A) 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 subsection (a)(1)(B).
(3) Timing.--The amounts required to be deposited under
paragraph (1) for the applicable fiscal year shall be made
available in accordance with that paragraph during the fiscal
year immediately following the applicable fiscal year.
(4) Authorized uses.--
(A) In general.--Subject to subparagraph (B), the State
shall use all amounts received under paragraph (1)(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 section.
(B) Limitation.--Not more than 3 percent of amounts
received by the State under paragraph (1)(B) may be used for
the purposes described in subparagraph (A)(viii).
(5) Administration.--Amounts made available under
subparagraphs (B) and (C) of paragraph (1) shall--
(A) be made available, without further appropriation, in
accordance with this section;
(B) remain available until expended; and
(C) be in addition to any amounts appropriated under any
other provision of law.
(6) Reporting requirement for fiscal year 2025 and
thereafter.--
(A) In general.--Beginning with fiscal year 2025, not later
than 180 days after the end of each fiscal year in which the
State receives amounts under paragraph (1)(B), the State
shall submit to the Secretary a report that describes the use
of the amounts by the State during the preceding fiscal year
covered by the report.
(B) Public availability.--On receipt of a report required
under subparagraph (A), the Secretary shall make the report
available to the public on the website of the Department of
the Interior.
(C) Limitation.--If the State fails to submit the report
required under subparagraph (A) by the deadline specified in
that subparagraph, any amounts that would otherwise be
provided to the State under paragraph (1)(B) for the
succeeding fiscal year shall be withheld for the succeeding
fiscal year until the date on which the report is submitted.
(D) Contents of report.--Each report required under
subparagraph (A) shall include, for each project funded in
whole or in part using amounts received under paragraph
(1)(B)--
(i) the name and description of the project;
(ii) the amount received under paragraph (1)(B) that is
allocated to the project; and
(iii) a description of how each project is consistent with
the authorized uses under paragraph (4).
(E) Clarification.--Nothing in this paragraph--
(i) requires or provides authority for the Secretary to
delay, modify, or withhold payment under this paragraph,
other than for failure to submit a report as required under
this paragraph;
(ii) requires or provides authority for the Secretary to
review or approve uses of funds reported under this
paragraph;
(iii) requires or provides authority for the Secretary to
approve individual projects that receive funds reported under
this paragraph;
(iv) requires the State to obtain the approval of, or
review by, the Secretary prior to spending funds disbursed
under paragraph (1)(B);
(v) 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
paragraph;
(vi) requires the State to obligate or expend funds
disbursed under paragraph (1)(B) by a certain date; or
(vii) requires or provides authority for the Secretary to
request the State to return unobligated funds.
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