Federal

RISEE Act of 2023

Source: Congress.gov · 4,762 words in original text

What This Bill Does

This bill changes how the federal government shares money from wind energy projects in ocean areas. It creates a fund to support coastal communities and ocean research. It also changes how money from oil and gas leases gets distributed to states near the coast. --- ##

Who It Affects

- Coastal states (states with ocean shorelines) - Native American tribes - Local governments and regional ocean partnerships - Ocean and coastal research organizations - Universities and nonprofits working on ocean issues - Communities near the Gulf of Mexico - States receiving money from wind energy projects in federal ocean areas --- ##

Key Provisions

- The federal government will put 12.5 percent of money from offshore wind projects into a National Oceans and Coastal Security Fund to pay for coastal protection, research, and ecosystem restoration programs (Sec. 2(g)) - States near offshore wind projects will receive 37.5 percent of wind energy revenues, distributed based on how close they are to the wind farm, and can only use this money for coastal protection, wildlife damage reduction, or approved conservation plans (Sec. 2(g)) - Coastal states will receive grants from the National Oceans and Coastal Security Fund based on equal distribution (70 percent), their tidal shoreline length (15 percent), and population density of coastal counties (15 percent) (Sec. 2(d)) - States receiving money from offshore wind projects must submit annual reports to the federal government describing how they spent the funds, or they will not receive money the following year (Sec. 2(g)) - The bill removes a limit on how much money the Gulf of Mexico can distribute to states, allowing distributions to continue through 2022 instead of ending in 2055 (Sec. 3(c)) --- ##

What Changes

If this bill becomes law, money from offshore wind energy projects will be split three ways instead of going entirely to the federal Treasury. Coastal states will now receive a direct share of wind energy revenues. The National Oceans and Coastal Security Fund will receive guaranteed funding from wind projects. States will be required to report publicly how they use revenues from offshore wind projects. The administrative fee structure under the Mineral Leasing Act will be eliminated. --- ##

Important Definitions

- **Tidal shoreline**: The length of tidal 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)) - **Covered offshore wind project**: A wind-powered electric generation project in a lease area on the outer Continental Shelf that is not located within areas already covered by existing revenue sharing rules (Sec. 2(g)) - **Eligible State**: A state with a point on its coastline located within 75 miles of the geographic center of a wind lease tract (Sec. 2(g)) - **Indian tribe**: Has the meaning given in section 4 of the Indian Self-Determination and Education Assistance Act (Sec. 2(a)) --- ##

Effective Date

Not specified in bill text

I 118TH CONGRESS 1ST SESSION H. R. 913 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 HOUSE OF REPRESENTATIVES FEBRUARY 9, 2023 Mrs. FLETCHER (for herself, Mr. WEBER of Texas, Mr. DAVIS of North Caro- lina, Ms. MACE, Ms. SPANBERGER, and Ms. ESHOO) introduced the fol- lowing bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reinvesting In Shore- 4 line Economies and Ecosystems Act of 2023’’ or the 5 ‘‘RISEE Act of 2023’’. 6 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H913.IH H913 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 913 IH SEC. 2. NATIONAL OCEANS AND COASTAL SECURITY FUND; 1 PARITY IN OFFSHORE WIND REVENUE SHAR- 2 ING. 3 (a) DEFINITIONS IN THE NATIONAL OCEANS AND 4 COASTAL SECURITY ACT.—Section 902 of the National 5 Oceans and Coastal Security Act (16 U.S.C. 7501) is 6 amended— 7 (1) by striking paragraph (5) and inserting the 8 following: 9 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 10 has the meaning given that term in section 4 of the 11 Indian Self-Determination and Education Assistance 12 Act (25 U.S.C. 5304).’’; and 13 (2) by striking paragraph (7) and inserting the 14 following: 15 ‘‘(7) TIDAL SHORELINE.—The term ‘tidal 16 shoreline’ means the length of tidal shoreline or 17 Great Lake shoreline based on the most recently 18 available data from or accepted by the Office of 19 Coast Survey of the National Oceanic and Atmos- 20 pheric Administration.’’. 21 (b) NATIONAL OCEANS AND COASTAL SECURITY 22 FUND.—Section 904 of the National Oceans and Coastal 23 Security Act (16 U.S.C. 7503) is amended— 24 (1) in subsection (a), by inserting ‘‘and man- 25 age’’ after ‘‘establish’’; 26 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H913.IH H913 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 913 IH (2) in subsection (b), by striking paragraph (1) 1 and inserting the following: 2 ‘‘(1) IN GENERAL.—The Fund shall consist of 3 such amounts as— 4 ‘‘(A) are deposited in the Fund under sub- 5 paragraph (C)(ii)(II) of section 8(p)(2) of the 6 Outer Continental Shelf Lands Act (43 U.S.C. 7 1337(p)(2)); and 8 ‘‘(B) are appropriated or otherwise made 9 available for the Fund.’’; 10 (3) by striking subsection (d) and inserting the 11 following: 12 ‘‘(d) EXPENDITURE.— 13 ‘‘(1) $34,000,000 OR LESS.—If $34,000,000 or 14 less is deposited in, or appropriated or otherwise 15 made available for, the Fund for a fiscal year, in 16 that fiscal year— 17 ‘‘(A) not more than 5 percent of such 18 amounts may be used by the Administrator and 19 the Foundation for administrative expenses to 20 carry out this title; and 21 ‘‘(B) any remaining amounts shall be used 22 only for the award of grants under section 23 906(c). 24 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H913.IH H913 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 913 IH ‘‘(2) MORE THAN $34,000,000.—If more than 1 $34,000,000 is deposited in, or appropriated or oth- 2 erwise made available for, the Fund for a fiscal year, 3 in that fiscal year— 4 ‘‘(A) not more than 5 percent of such 5 amounts may be used by the Administrator and 6 the Foundation for administrative expenses to 7 carry out this title; 8 ‘‘(B) not less than $34,000,000 shall be 9 used for the award of grants under section 10 906(c); and 11 ‘‘(C) of any amounts exceeding 12 $34,000,000— 13 ‘‘(i) not more than 75 percent may be 14 used for the award of grants under section 15 906(b); and 16 ‘‘(ii) not more than 20 percent may be 17 used for the award of grants under section 18 906(c). 19 ‘‘(3) DIVISION OF AMOUNTS FOR ADMINISTRA- 20 TIVE EXPENSES.—The amounts referred to in para- 21 graphs (1)(A) and (2)(A) shall be divided between 22 the Administrator and the Foundation pursuant to 23 an agreement reached and documented by both the 24 Administrator and the Foundation.’’; and 25 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H913.IH H913 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 913 IH (4) in subsection (e)(2), by striking ‘‘section 1 906(a)(1)’’ and inserting ‘‘section 906(a)’’. 2 (c) ELIGIBLE USES OF AMOUNTS IN THE NATIONAL 3 OCEANS AND COASTAL SECURITY FUND.—Section 905 of 4 the National Oceans and Coastal Security Act (16 U.S.C. 5 7504) is amended to read as follows: 6 ‘‘SEC. 905. ELIGIBLE USES. 7 ‘‘(a) IN GENERAL.—Amounts in the Fund may be 8 allocated by the Administrator under section 906(b) and 9 the Foundation, in consultation with the Administrator, 10 under section 906(c) to support programs and activities 11 intended to improve understanding and use of ocean and 12 coastal resources and coastal infrastructure. 13 ‘‘(b) PROGRAMS AND ACTIVITIES.—The programs 14 and activities referred to in subsection (a) may include sci- 15 entific research related to changing environmental condi- 16 tions, ocean observing projects, efforts to enhance resil- 17 iency of infrastructure and communities (including project 18 planning and design), habitat protection and restoration, 19 monitoring and reducing damage to natural resources and 20 marine life (including birds, marine mammals, and fish), 21 and efforts to support sustainable seafood production car- 22 ried out by States, local governments, Indian tribes, re- 23 gional and interstate collaboratives (such as regional ocean 24 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H913.IH H913 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 913 IH partnerships), nongovernmental organizations, public-pri- 1 vate partnerships, and academic institutions. 2 ‘‘(c) PROHIBITION ON USE OF FUNDS FOR LITIGA- 3 TION OR OTHER PURPOSES.—No funds made available 4 under this title may be used— 5 ‘‘(1) to fund litigation against the Federal Gov- 6 ernment; or 7 ‘‘(2) to fund the creation of national marine 8 monuments, marine protected areas, or marine spa- 9 tial plans.’’. 10 (d) GRANTS UNDER THE NATIONAL OCEANS AND 11 COASTAL SECURITY ACT.—Section 906 of the National 12 Oceans and Coastal Security Act (16 U.S.C. 7505) is 13 amended— 14 (1) by striking subsection (a) and inserting the 15 following: 16 ‘‘(a) ADMINISTRATION OF GRANTS.—Not later than 17 90 days after funds are deposited in the Fund and made 18 available to the Administrator and the Foundation for ad- 19 ministrative purposes, the Administrator and the Founda- 20 tion shall establish the following: 21 ‘‘(1) Application and review procedures for the 22 awarding of grants under this section, including re- 23 quirements ensuring that any amounts awarded 24 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H913.IH H913 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 913 IH under this section may only be used for an eligible 1 use described under section 905. 2 ‘‘(2) Selection procedures and criteria for the 3 awarding of grants under this section that require 4 consultation with the Administrator and the Sec- 5 retary of the Interior. 6 ‘‘(3) Eligibility criteria for awarding grants— 7 ‘‘(A) under subsection (b) to coastal 8 States; and 9 ‘‘(B) under subsection (c) to entities in- 10 cluding States, local governments, Indian tribes, 11 regional and interstate collaboratives (such as 12 regional ocean partnerships), nongovernmental 13 organizations, public-private partnerships, and 14 academic institutions. 15 ‘‘(4) Performance, accountability, and moni- 16 toring measures for programs and activities funded 17 by a grant awarded under subsection (b) or (c). 18 ‘‘(5) Procedures and methods to ensure accu- 19 rate accounting and appropriate administration of 20 grants awarded under this section, including stand- 21 ards of recordkeeping. 22 ‘‘(6) Procedures to carry out audits of the 23 Fund as necessary, but not less frequently than once 24 every year if grants have been awarded in that year. 25 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H913.IH H913 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 913 IH ‘‘(7) Procedures to carry out audits of the re- 1 cipients of grants under this section. 2 ‘‘(8) Procedures to make publicly available on 3 the Internet a list of all projects funded by the 4 Fund, that includes at a minimum the grant recipi- 5 ent, grant amount, project description, and project 6 status.’’; 7 (2) by striking subsection (b) and inserting the 8 following: 9 ‘‘(b) GRANTS TO COASTAL STATES.— 10 ‘‘(1) IN GENERAL.—The Administrator shall 11 award grants to coastal States as follows: 12 ‘‘(A) 70 percent of available amounts shall 13 be allocated equally among coastal States. 14 ‘‘(B) 15 percent of available amounts shall 15 be allocated on the basis of the ratio of tidal 16 shoreline in a coastal State to the tidal shore- 17 line of all coastal States. 18 ‘‘(C) 15 percent of available amounts shall 19 be allocated on the basis of the ratio of popu- 20 lation density of the coastal counties of a coast- 21 al State to the average population density of all 22 coastal counties based on the most recent data 23 available from the Bureau of the Census. 24 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H913.IH H913 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 913 IH ‘‘(2) MAXIMUM ALLOCATION TO STATES.—Not- 1 withstanding paragraph (1), not more than 5 per- 2 cent of the total funds distributed under this sub- 3 section may be allocated to any single coastal State. 4 Any amount exceeding that limitation shall be redis- 5 tributed equally among the remaining coastal States. 6 ‘‘(3) OPTIONAL MATCHING FUNDS.—Each enti- 7 ty seeking to receive a grant under this subsection 8 is encouraged, but not required, to demonstrate that 9 funds of any amount are available from non-Federal 10 sources to supplement the amount of the grant.’’; 11 and 12 (3) in subsection (c)— 13 (A) in paragraph (1), by striking ‘‘The Ad- 14 ministrator and the Foundation’’ and inserting 15 ‘‘The Foundation, in consultation with the Ad- 16 ministrator,’’; and 17 (B) by adding at the end the following: 18 ‘‘(3) EXCLUSION OF FUNDS FROM LIMITA- 19 TION.—The amount of a grant awarded under this 20 subsection shall not count toward the limitation 21 under subsection (b)(2) on funding to coastal States 22 through grants awarded under subsection (b).’’. 23 (e) ANNUAL REPORT ON OPERATION OF THE NA- 24 TIONAL OCEANS AND COASTAL SECURITY FUND.—Sec- 25 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H913.IH H913 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 913 IH tion 907(a) of the National Oceans and Coastal Security 1 Act (16 U.S.C. 7506(a)) is amended by striking ‘‘Subject 2 to’’ and all that follows through ‘‘the Foundation’’ and 3 inserting ‘‘Not later than 60 days after the end of each 4 fiscal year, the Administrator and the Foundation’’. 5 (f) REPEAL OF AUTHORIZATION OF APPROPRIATIONS 6 FOR FISCAL YEARS 2017, 2018, AND 2019.—Section 908 7 of the National Oceans and Coastal Security Act (16 8 U.S.C. 7507) is repealed. 9 (g) PARITY IN OFFSHORE WIND REVENUE SHAR- 10 ING.—Section 8(p)(2) of the Outer Continental Shelf 11 Lands Act (43 U.S.C. 1337(p)(2)) is amended— 12 (1) in subparagraph (A), by striking ‘‘(A) The 13 Secretary’’ and inserting the following: 14 ‘‘(A) IN GENERAL.—Subject to subpara- 15 graphs (B) and (C), the Secretary’’; 16 (2) in subparagraph (B), by striking ‘‘(B) The 17 Secretary’’ and inserting the following: 18 ‘‘(B) DISPOSITION OF REVENUES FOR 19 PROJECTS LOCATED WITHIN 3 NAUTICAL MILES 20 SEAWARD OF STATE SUBMERGED LAND.—The 21 Secretary’’; and 22 (3) by adding at the end the following: 23 ‘‘(C) DISPOSITION OF REVENUES FOR OFF- 24 SHORE WIND PROJECTS IN CERTAIN AREAS.— 25 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H913.IH H913 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 913 IH ‘‘(i) DEFINITIONS.—In this subpara- 1 graph: 2 ‘‘(I) COVERED OFFSHORE WIND 3 PROJECT.—The term ‘covered off- 4 shore wind project’ means a wind- 5 powered electric generation project in 6 a lease area on the outer Continental 7 Shelf that is not wholly or partially lo- 8 cated within an area subject to sub- 9 paragraph (B). 10 ‘‘(II) ELIGIBLE STATE.—The 11 term ‘eligible State’ means a State a 12 point on the coastline of which is lo- 13 cated within 75 miles of the geo- 14 graphic center of a lease tract lying 15 wholly or partly within the area of the 16 applicable covered offshore wind 17 project. 18 ‘‘(ii) REQUIREMENT.—Of the oper- 19 ating fees, rentals, bonuses, royalties, and 20 other payments that are paid to the Sec- 21 retary under subparagraph (A) from cov- 22 ered offshore wind projects, to include bo- 23 nuses and royalties beginning January 1, 24 2022— 25 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H913.IH H913 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 913 IH ‘‘(I) 50 percent shall be deposited 1 in the Treasury and credited to mis- 2 cellaneous receipts; 3 ‘‘(II) 12.5 percent shall be depos- 4 ited in the National Oceans and 5 Coastal Security Fund established 6 under section 904(a) of the National 7 Oceans and Coastal Security Act (16 8 U.S.C. 7503(a)); and 9 ‘‘(III) 37.5 percent shall be de- 10 posited in a special account in the 11 Treasury, from which the Secretary 12 shall disburse to each eligible State an 13 amount (based on a formula estab- 14 lished by the Secretary of the Interior 15 by rulemaking not later than 180 16 days after the date of enactment of 17 the Reinvesting In Shoreline Econo- 18 mies and Ecosystems Act of 2023) 19 that is inversely proportional to the 20 respective distances between— 21 ‘‘(aa) the point on the coast- 22 line of each eligible State that is 23 closest to the geographic center 24 of the applicable leased tract; and 25 VerDate Sep 11 2014 02:33 Mar 04, 2023 Jkt 039200 PO 00000 [Text truncated for display. Full text available on Congress.gov.]

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