What This Bill Does
This bill changes how money from offshore wind energy projects gets divided among the federal government, coastal states, and ocean conservation programs. The bill also modifies how money from oil and gas leases in the Gulf of Mexico can be used and removes a fee that oil and gas companies had to pay.
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Who It Affects
* Coastal states (particularly those near offshore wind projects)
* The National Oceanic and Atmospheric Administration and the National Fish and Wildlife Foundation
* Native American tribes living in coastal areas
* State and local governments
* Nonprofit organizations working on ocean and coastal issues
* Academic institutions
* Companies operating offshore wind projects
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Key Provisions
* Money from offshore wind projects entered into leases after January 1, 2022 gets split three ways: 50 percent goes to the U.S. Treasury, 12.5 percent goes to the National Oceans and Coastal Security Fund, and 37.5 percent goes to eligible coastal states based on their distance from the wind project (Sec. 2(g))
* States that receive offshore wind money must spend it only on coastal protection, wildlife damage prevention, approved conservation plans, infrastructure projects (not entertainment), and planning costs, with no more than 3 percent spent on administrative costs (Sec. 2(g))
* States receiving offshore wind money must report to the federal government every 180 days starting in fiscal year 2023 describing how they spent the funds, or they lose their next year's payment (Sec. 2(g))
* The National Oceans and Coastal Security Fund can be used for scientific research, ocean monitoring, infrastructure resilience, habitat protection, and sustainable seafood efforts, but cannot fund lawsuits against the federal government or creation of marine monuments (Sec. 2(b) and 2(c))
* A fee that oil and gas companies previously paid under the Mineral Leasing Act is eliminated (Sec. 4)
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What Changes
If this bill becomes law, offshore wind projects will now share their revenue with nearby coastal states through a federal account. Previously, most revenue went to the U.S. Treasury. States will have new money to spend on coastal projects but must report how they use it or lose future payments. The National Oceans and Coastal Security Fund will receive a guaranteed portion of offshore wind revenue instead of relying only on appropriations. Oil and gas companies will no longer pay a certain administrative fee.
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Important Definitions
* **Covered offshore wind project**: A wind-powered electricity generation project on the outer Continental Shelf that is not located within the area near state submerged land (Sec. 2(g))
* **Eligible state**: A state with a coastline point within 75 miles of an offshore wind project's lease area center (Sec. 2(g))
* **Tidal shoreline**: The length of ocean shoreline or Great Lake shoreline based on the most recent data from the National Oceanic and Atmospheric Administration's Office of Coast Survey (Sec. 2(a))
* **Indian tribe**: Has the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act (Sec. 2(a))
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Effective Date
Not specified in bill text
II
Calendar No. 576
118TH CONGRESS
2D 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, Mr. SCHATZ, Mr.
SCOTT of South Carolina, Mr. PETERS, Mr. WELCH, Ms. BUTLER, and
Mr. HELMY) introduced the following bill; which was read twice and re-
ferred to the Committee on Energy and Natural Resources
NOVEMBER 21, 2024
Reported by Mr. MANCHIN, without amendment
A BILL
To modify the disposition of certain outer Continental Shelf
revenues and to open Federal financial sharing to height-
en opportunities for renewable energy, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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•S 373 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Reinvesting In Shore-
2
line Economies and Ecosystems Act of 2023’’ or the
3
‘‘RISEE Act of 2023’’.
4
SEC. 2. NATIONAL OCEANS AND COASTAL SECURITY FUND;
5
PARITY IN OFFSHORE WIND REVENUE SHAR-
6
ING.
7
(a) DEFINITIONS IN THE NATIONAL OCEANS AND
8
COASTAL SECURITY ACT.—Section 902 of the National
9
Oceans and Coastal Security Act (16 U.S.C. 7501) is
10
amended—
11
(1) by striking paragraph (5) and inserting the
12
following:
13
‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’
14
has the meaning given that term in section 4 of the
15
Indian Self-Determination and Education Assistance
16
Act (25 U.S.C. 5304).’’; and
17
(2) by striking paragraph (7) and inserting the
18
following:
19
‘‘(7) TIDAL
SHORELINE.—The term ‘tidal
20
shoreline’ means the length of tidal shoreline or
21
Great Lake shoreline based on the most recently
22
available data from or accepted by the Office of
23
Coast Survey of the National Oceanic and Atmos-
24
pheric Administration.’’.
25
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•S 373 RS
(b) NATIONAL OCEANS
AND COASTAL SECURITY
1
FUND.—Section 904 of the National Oceans and Coastal
2
Security Act (16 U.S.C. 7503) is amended—
3
(1) in subsection (a), by inserting ‘‘and man-
4
age’’ after ‘‘establish’’;
5
(2) in subsection (b), by striking paragraph (1)
6
and inserting the following:
7
‘‘(1) IN GENERAL.—The Fund shall consist of
8
such amounts as—
9
‘‘(A) are deposited in the Fund under sub-
10
paragraph (C)(ii)(II) of section 8(p)(2) of the
11
Outer Continental Shelf Lands Act (43 U.S.C.
12
1337(p)(2)); and
13
‘‘(B) are appropriated or otherwise made
14
available for the Fund.’’;
15
(3) by striking subsection (d) and inserting the
16
following:
17
‘‘(d) EXPENDITURE.—
18
‘‘(1) $34,000,000 OR LESS.—If $34,000,000 or
19
less is deposited in, or appropriated or otherwise
20
made available for, the Fund for a fiscal year, in
21
that fiscal year—
22
‘‘(A) not more than 5 percent of such
23
amounts may be used by the Administrator and
24
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•S 373 RS
the Foundation for administrative expenses to
1
carry out this title; and
2
‘‘(B) any remaining amounts shall be used
3
only for the award of grants under section
4
906(c).
5
‘‘(2) MORE
THAN
$34,000,000.—If more than
6
$34,000,000 is deposited in, or appropriated or oth-
7
erwise made available for, the Fund for a fiscal year,
8
in that fiscal year—
9
‘‘(A) not more than 5 percent of such
10
amounts may be used by the Administrator and
11
the Foundation for administrative expenses to
12
carry out this title;
13
‘‘(B) not less than $34,000,000 shall be
14
used for the award of grants under section
15
906(c); and
16
‘‘(C)
of
any
amounts
exceeding
17
$34,000,000—
18
‘‘(i) not more than 75 percent may be
19
used for the award of grants under section
20
906(b); and
21
‘‘(ii) not more than 20 percent may be
22
used for the award of grants under section
23
906(c).
24
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•S 373 RS
‘‘(3) DIVISION OF AMOUNTS FOR ADMINISTRA-
1
TIVE EXPENSES.—The amounts referred to in para-
2
graphs (1)(A) and (2)(A) shall be divided between
3
the Administrator and the Foundation pursuant to
4
an agreement reached and documented by both the
5
Administrator and the Foundation.’’; and
6
(4) in subsection (e)(2), by striking ‘‘section
7
906(a)(1)’’ and inserting ‘‘section 906(a)’’.
8
(c) ELIGIBLE USES OF AMOUNTS IN THE NATIONAL
9
OCEANS AND COASTAL SECURITY FUND.—Section 905 of
10
the National Oceans and Coastal Security Act (16 U.S.C.
11
7504) is amended to read as follows:
12
‘‘SEC. 905. ELIGIBLE USES.
13
‘‘(a) IN GENERAL.—Amounts in the Fund may be
14
allocated by the Administrator under section 906(b) and
15
the Foundation, in consultation with the Administrator,
16
under section 906(c) to support programs and activities
17
intended to improve understanding and use of ocean and
18
coastal resources and coastal infrastructure.
19
‘‘(b) PROGRAMS
AND ACTIVITIES.—The programs
20
and activities referred to in subsection (a) may include sci-
21
entific research related to changing environmental condi-
22
tions, ocean observing projects, efforts to enhance resil-
23
iency of infrastructure and communities (including project
24
planning and design), habitat protection and restoration,
25
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•S 373 RS
monitoring and reducing damage to natural resources and
1
marine life (including birds, marine mammals, and fish),
2
and efforts to support sustainable seafood production car-
3
ried out by States, local governments, Indian tribes, re-
4
gional and interstate collaboratives (such as regional ocean
5
partnerships), nongovernmental organizations, public-pri-
6
vate partnerships, and academic institutions.
7
‘‘(c) PROHIBITION ON USE OF FUNDS FOR LITIGA-
8
TION OR OTHER PURPOSES.—No funds made available
9
under this title may be used—
10
‘‘(1) to fund litigation against the Federal Gov-
11
ernment; or
12
‘‘(2) to fund the creation of national marine
13
monuments, marine protected areas, or marine spa-
14
tial plans.’’.
15
(d) GRANTS UNDER THE NATIONAL OCEANS AND
16
COASTAL SECURITY ACT.—Section 906 of the National
17
Oceans and Coastal Security Act (16 U.S.C. 7505) is
18
amended—
19
(1) in subsection (a)—
20
(A) by striking paragraph (2);
21
(B) by striking ‘‘(a) ADMINISTRATION OF
22
GRANTS.—’’ and all that follows through ‘‘the
23
following:’’ and inserting the following:
24
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•S 373 RS
‘‘(a) ADMINISTRATION OF GRANTS.—Not later than
1
90 days after funds are deposited in the Fund and made
2
available to the Administrator and the Foundation for ad-
3
ministrative purposes, the Administrator and the Founda-
4
tion shall establish the following:’’;
5
(C) in subparagraph (A), by striking ‘‘such
6
subsections’’ and inserting ‘‘this section’’;
7
(D) by striking subparagraph (B) and in-
8
serting the following:
9
‘‘(B) Selection procedures and criteria for
10
the awarding of grants under this section that
11
require consultation with the Administrator and
12
the Secretary of the Interior.’’;
13
(E) in subparagraph (C), by striking
14
clause (ii) and inserting the following:
15
‘‘(ii) under subsection (c) to entities
16
including States, local governments, Indian
17
tribes,
regional
and
interstate
18
collaboratives (such as regional ocean part-
19
nerships), nongovernmental organizations,
20
public-private partnerships, and academic
21
institutions.’’;
22
(F) in subparagraph (D), by striking ‘‘Per-
23
formance accountability and monitoring’’ and
24
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•S 373 RS
inserting ‘‘Performance, accountability, and
1
monitoring’’;
2
(G) by redesignating subparagraphs (A)
3
through (H) as paragraphs (1) through (8), re-
4
spectively, and moving such paragraphs, as so
5
redesignated, 2 ems to the left; and
6
(H) in paragraph (3), as so redesignated,
7
by redesignating clauses (i) and (ii) as subpara-
8
graphs (A) and (B), respectively, and moving
9
such subparagraphs, as so redesignated, 2 ems
10
to the left;
11
(2) by striking subsection (b) and inserting the
12
following:
13
‘‘(b) GRANTS TO COASTAL STATES.—
14
‘‘(1) IN
GENERAL.—The Administrator shall
15
award grants to coastal States as follows:
16
‘‘(A) 70 percent of available amounts shall
17
be allocated equally among coastal States.
18
‘‘(B) 15 percent of available amounts shall
19
be allocated on the basis of the ratio of tidal
20
shoreline in a coastal State to the tidal shore-
21
line of all coastal States.
22
‘‘(C) 15 percent of available amounts shall
23
be allocated on the basis of the ratio of popu-
24
lation density of the coastal counties of a coast-
25
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•S 373 RS
al State to the average population density of all
1
coastal counties based on the most recent data
2
available from the Bureau of the Census.
3
‘‘(2) MAXIMUM ALLOCATION TO STATES.—Not-
4
withstanding paragraph (1), not more than 5 per-
5
cent of the total funds distributed under this sub-
6
section may be allocated to any single coastal State.
7
Any amount exceeding that limitation shall be redis-
8
tributed equally among the remaining coastal States.
9
‘‘(3) OPTIONAL MATCHING FUNDS.—Each enti-
10
ty seeking to receive a grant under this subsection
11
is encouraged, but not required, to demonstrate that
12
funds of any amount are available from non-Federal
13
sources to supplement the amount of the grant.’’;
14
and
15
(3) in subsection (c)—
16
(A) in paragraph (1), by striking ‘‘The Ad-
17
ministrator and the Foundation’’ and inserting
18
‘‘The Foundation, in consultation with the Ad-
19
ministrator,’’; and
20
(B) by adding at the end the following:
21
‘‘(3) EXCLUSION
OF
FUNDS
FROM
LIMITA-
22
TION.—The amount of a grant awarded under this
23
subsection shall not count toward the limitation
24
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•S 373 RS
under subsection (b)(2) on funding to coastal States
1
through grants awarded under subsection (b).’’.
2
(e) ANNUAL REPORT ON OPERATION OF THE NA-
3
TIONAL OCEANS AND COASTAL SECURITY FUND.—Sec-
4
tion 907(a) of the National Oceans and Coastal Security
5
Act (16 U.S.C. 7506(a)) is amended by striking ‘‘Subject
6
to’’ and all that follows through ‘‘the Foundation’’ and
7
inserting the following: ‘‘Not later than 60 days after the
8
end of each fiscal year, the Administrator and the Founda-
9
tion’’.
10
(f) REPEAL OF AUTHORIZATION OF APPROPRIATIONS
11
FOR FISCAL YEARS 2017, 2018, AND 2019.—Section 908
12
of the National Oceans and Coastal Security Act (16
13
U.S.C. 7507) is repealed.
14
(g) PARITY IN OFFSHORE WIND REVENUE SHAR-
15
ING.—Section 8(p)(2) of the Outer Continental Shelf
16
Lands Act (43 U.S.C. 1337(p)(2)) is amended—
17
(1) in subparagraph (A), by striking ‘‘(A) The
18
Secretary’’ and inserting the following:
19
‘‘(A) IN
GENERAL.—Subject to subpara-
20
graphs (B) and (C), the Secretary’’;
21
(2) in subparagraph (B), by striking ‘‘(B) The
22
Secretary’’ and inserting the following:
23
‘‘(B) DISPOSITION
OF
REVENUES
FOR
24
PROJECTS LOCATED WITHIN 3 NAUTICAL MILES
25
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•S 373 RS
SEAWARD OF STATE SUBMERGED LAND.—The
1
Secretary’’; and
2
(3) by adding at the end the following:
3
‘‘(C) DISPOSITION OF REVENUES FOR OFF-
4
SHORE WIND PROJECTS IN CERTAIN AREAS.—
5
‘‘(i) DEFINITIONS.—In this subpara-
6
graph:
7
‘‘(I) COVERED OFFSHORE WIND
8
PROJECT.—The term ‘covered off-
9
shore wind project’ means a wind-
10
powered electric generation project in
11
a lease area on the outer Continental
12
Shelf that is not wholly or partially lo-
13
cated within an area subject to sub-
14
paragraph (B).
15
‘‘(II)
ELIGIBLE
STATE.—The
16
term ‘eligible State’ means a State a
17
point on the coastline of which is lo-
18
cated within 75 miles of the geo-
19
graphic center of a lease tract lying
20
wholly or partly within the area of the
21
applicable
covered
offshore
wind
22
project.
23
‘‘(ii) REQUIREMENT.—Of the oper-
24
ating fees, rentals, bonuses, royalties, and
25
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•S 373 RS
other payments that are paid to the Sec-
1
retary under subparagraph (A) from cov-
2
ered offshore wind projects carried out
3
under a lease entered into on or after Jan-
4
uary 1, 2022—
5
‘‘(I) 50 percent shall be deposited
6
in the Treasury and credited to mis-
7
cellaneous receipts;
8
‘‘(II) 12.5 percent shall be depos-
9
ited in the National Oceans and
10
Coastal Security Fund established
11
under section 904(a) of the National
12
Oceans and Coastal Security Act (16
13
U.S.C. 7503(a)); and
14
‘‘(III) 37.5 percent shall be de-
15
posited in a special account in the
16
Treasury, from which the Secretary
17
shall disburse to each eligible State an
18
amount (based on a formula estab-
19
lished by the Secretary of the Interior
20
by rulemaking not later than 180
21
days after the date of enactment of
22
the Reinvesting In Shoreline Econo-
23
mies and Ecosystems Act of 2023)
24
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•S 373 RS
that is inversely proportional to the
1
respective distances between—
2
‘‘(aa) the point on the coast-
3
line of each eligible State that is
4
closest to the geographic center
5
of the appli
[Text truncated for display. Full text available on Congress.gov.]