RISEE Act of 2022

II Calendar No. 551 117TH CONGRESS 2D SESSION S. 2130 [Report No. 117–200] 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 JUNE 17, 2021 Mr. WHITEHOUSE (for himself, Mr. CASSIDY, Mr. COONS, Mrs. HYDE-SMITH, Mr. KAINE, Mr. KING, Mr. SCHATZ, Mrs. SHAHEEN, Mr. VAN HOLLEN, Mr. WICKER, Mr. HEINRICH, Mr. BLUMENTHAL, Mr. KENNEDY, Mrs. GILLIBRAND, Mr. HICKENLOOPER, Mrs. FEINSTEIN, Ms. COLLINS, Mr. WARNER, Mr. CARDIN, Mr. MURPHY, Mr. DAINES, and Mr. PADILLA) in- troduced the following bill; which was read twice and referred to the Com- mittee on Energy and Natural Resources NOVEMBER 17, 2022 Reported by Mr. MANCHIN, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] 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. VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 2130 RS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reinvesting In Shore- 4 line Economies and Ecosystems Act of 2021’’ or the 5 ‘‘RISEE Act of 2021’’. 6 SEC. 2. NATIONAL OCEANS AND COASTAL SECURITY FUND; 7 PARITY IN OFFSHORE WIND REVENUE SHAR- 8 ING. 9 (a) DEFINITIONS IN THE NATIONAL OCEANS AND 10 COASTAL SECURITY ACT.—Section 902 of the National 11 Oceans and Coastal Security Act (16 U.S.C. 7501) is 12 amended— 13 (1) by striking paragraph (5) and inserting the 14 following: 15 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 16 has the meaning given that term in section 4 of the 17 Indian Self-Determination and Education Assistance 18 Act (25 U.S.C. 5304).’’; and 19 (2) by striking paragraph (7) and inserting the 20 following: 21 ‘‘(7) TIDAL SHORELINE.—The term ‘tidal 22 shoreline’ means the length of tidal shoreline or 23 Great Lake shoreline based on the most recently 24 available data from or accepted by the Office of 25 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 2130 RS Coast Survey of the National Oceanic and Atmos- 1 pheric Administration.’’. 2 (b) NATIONAL OCEANS AND COASTAL SECURITY 3 FUND.—Section 904 of the National Oceans and Coastal 4 Security Act (16 U.S.C. 7503) is amended— 5 (1) in subsection (a), by inserting ‘‘and man- 6 age’’ after ‘‘establish’’; 7 (2) in subsection (b), by striking paragraph (1) 8 and inserting the following: 9 ‘‘(1) IN GENERAL.—The Fund shall consist of 10 such amounts as— 11 ‘‘(A) are deposited in the Fund under sec- 12 tion 105(a)(2)(B) of the Gulf of Mexico Energy 13 Security Act of 2006 (43 U.S.C. 1331 note; 14 Public Law 109–432); 15 ‘‘(B) are deposited in the Fund under sub- 16 paragraph (C)(ii)(I)(bb) of section 8(p)(2) of 17 the Outer Continental Shelf Lands Act (43 18 U.S.C. 1337(p)(2)); and 19 ‘‘(C) are appropriated or otherwise made 20 available for the Fund.’’; 21 (3) by striking subsection (d) and inserting the 22 following: 23 ‘‘(d) EXPENDITURE.— 24 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 2130 RS ‘‘(1) $34,000,000 OR LESS.—If $34,000,000 or 1 less is deposited in, or appropriated or otherwise 2 made available for, the Fund for a fiscal year, in 3 that fiscal year— 4 ‘‘(A) not more than 5 percent of such 5 amounts may be used by the Administrator and 6 the Foundation for administrative expenses to 7 carry out this title; and 8 ‘‘(B) any remaining amounts shall be used 9 only for the award of grants under section 10 906(c). 11 ‘‘(2) MORE THAN $34,000,000.—If more than 12 $34,000,000 is deposited in, or appropriated or oth- 13 erwise made available for, the Fund for a fiscal year, 14 in that fiscal year— 15 ‘‘(A) not more than 5 percent of such 16 amounts may be used by the Administrator and 17 the Foundation for administrative expenses to 18 carry out this title; 19 ‘‘(B) not less than $34,000,000 shall be 20 used for the award of grants under section 21 906(c); and 22 ‘‘(C) of any amounts exceeding 23 $34,000,000— 24 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 2130 RS ‘‘(i) not more than 75 percent may be 1 used for the award of grants under section 2 906(b); and 3 ‘‘(ii) not more than 20 percent may be 4 used for the award of grants under section 5 906(c). 6 ‘‘(3) DIVISION OF AMOUNTS FOR ADMINISTRA- 7 TIVE EXPENSES.—The amounts referred to in para- 8 graphs (1)(A) and (2)(A) shall be divided between 9 the Administrator and the Foundation pursuant to 10 an agreement reached and documented by both the 11 Administrator and the Foundation.’’; and 12 (4) in subsection (e)(2), by striking ‘‘section 13 906(a)(1)’’ and inserting ‘‘section 906(a)’’. 14 (c) ELIGIBLE USES OF AMOUNTS IN THE NATIONAL 15 OCEANS AND COASTAL SECURITY FUND.—Section 905 of 16 the National Oceans and Coastal Security Act (16 U.S.C. 17 7504) is amended to read as follows: 18 ‘‘SEC. 905. ELIGIBLE USES. 19 ‘‘(a) IN GENERAL.—Amounts in the Fund may be 20 allocated by the Administrator under section 906(b) and 21 the Foundation, in consultation with the Administrator, 22 under section 906(c) to support programs and activities 23 intended to improve understanding and use of ocean and 24 coastal resources and coastal infrastructure. 25 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 2130 RS ‘‘(b) PROGRAMS AND ACTIVITIES.—The programs 1 and activities referred to in subsection (a) may include sci- 2 entific research related to changing environmental condi- 3 tions, ocean observing projects, efforts to enhance resil- 4 iency of infrastructure and communities (including project 5 planning and design), habitat protection and restoration, 6 monitoring and reducing damage to natural resources and 7 marine life (including birds, marine mammals, and fish), 8 and efforts to support sustainable seafood production car- 9 ried out by States, local governments, Indian tribes, re- 10 gional and interstate collaboratives (such as regional ocean 11 partnerships), nongovernmental organizations, public-pri- 12 vate partnerships, and academic institutions. 13 ‘‘(c) PROHIBITION ON USE OF FUNDS FOR LITIGA- 14 TION OR OTHER PURPOSES.—No funds made available 15 under this title may be used— 16 ‘‘(1) to fund litigation against the Federal Gov- 17 ernment; or 18 ‘‘(2) to fund the creation of national marine 19 monuments, marine protected areas, or marine spa- 20 tial plans.’’. 21 (d) GRANTS UNDER THE NATIONAL OCEANS AND 22 COASTAL SECURITY ACT.—Section 906 of the National 23 Oceans and Coastal Security Act (16 U.S.C. 7505) is 24 amended— 25 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 2130 RS (1) in subsection (a)— 1 (A) by striking paragraph (2); 2 (B) by striking ‘‘(a) ADMINISTRATION OF 3 GRANTS.—’’ and all that follows through ‘‘the 4 following:’’ and inserting the following: 5 ‘‘(a) ADMINISTRATION OF GRANTS.—Not later than 6 90 days after funds are deposited in the Fund and made 7 available to the Administrator and the Foundation for ad- 8 ministrative purposes, the Administrator and the Founda- 9 tion shall establish the following:’’; 10 (C) in subparagraph (A), by striking ‘‘such 11 subsections’’ and inserting ‘‘this section’’; 12 (D) by striking subparagraph (B) and in- 13 serting the following: 14 ‘‘(B) Selection procedures and criteria for 15 the awarding of grants under this section that 16 require consultation with the Administrator and 17 the Secretary of the Interior.’’; 18 (E) in subparagraph (C), by striking 19 clause (ii) and inserting the following: 20 ‘‘(ii) under subsection (c) to entities 21 including States, local governments, Indian 22 tribes, regional and interstate collabora- 23 tives (such as regional ocean partnerships), 24 nongovernmental organizations, public-pri- 25 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 2130 RS vate partnerships, and academic institu- 1 tions.’’; 2 (F) in subparagraph (D), by striking ‘‘Per- 3 formance accountability and monitoring’’ and 4 inserting ‘‘Performance, accountability, and 5 monitoring’’; 6 (G) by redesignating subparagraphs (A) 7 through (H) as paragraphs (1) through (8), re- 8 spectively, and moving such paragraphs, as so 9 redesignated, 2 ems to the left; and 10 (H) in paragraph (3), as so redesignated, 11 by redesignating clauses (i) and (ii) as subpara- 12 graphs (A) and (B), respectively, and moving 13 such subparagraphs, as so redesignated, 2 ems 14 to the left; 15 (2) by striking subsection (b) and inserting the 16 following: 17 ‘‘(b) GRANTS TO COASTAL STATES.— 18 ‘‘(1) IN GENERAL.—The Administrator shall 19 award grants to coastal States as follows: 20 ‘‘(A) Seventy percent of available amounts 21 shall be allocated equally among coastal States. 22 ‘‘(B) Fifteen percent of available amounts 23 shall be allocated on the basis of the ratio of 24 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 2130 RS tidal shoreline in a coastal State to the tidal 1 shoreline of all coastal States. 2 ‘‘(C) Fifteen percent of available amounts 3 shall be allocated on the basis of the ratio of 4 population density of the coastal counties of a 5 coastal State to the average population density 6 of all coastal counties based on the most recent 7 data available from the Bureau of the Census. 8 ‘‘(2) MAXIMUM ALLOCATION TO STATES.—Not- 9 withstanding paragraph (1), not more than 5 per- 10 cent of the total funds distributed under this sub- 11 section may be allocated to any single coastal State. 12 Any amount exceeding that limitation shall be redis- 13 tributed equally among the remaining coastal States. 14 ‘‘(3) OPTIONAL MATCHING FUNDS.—Each enti- 15 ty seeking to receive a grant under this subsection 16 is encouraged, but not required, to demonstrate that 17 funds of any amount are available from non-Federal 18 sources to supplement the amount of the grant.’’; 19 and 20 (3) in subsection (c)— 21 (A) in paragraph (1), by striking ‘‘The Ad- 22 ministrator and the Foundation’’ and inserting 23 ‘‘The Foundation, in consultation with the Ad- 24 ministrator,’’; and 25 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 2130 RS (B) by adding at the end the following: 1 ‘‘(3) EXCLUSION OF FUNDS FROM LIMITA- 2 TION.—The amount of a grant awarded under this 3 subsection shall not count toward the limitation 4 under subsection (b)(2) on funding to coastal States 5 through grants awarded under subsection (b).’’. 6 (e) ANNUAL REPORT ON OPERATION OF THE NA- 7 TIONAL OCEANS AND COASTAL SECURITY FUND.—Sec- 8 tion 907(a) of the National Oceans and Coastal Security 9 Act (16 U.S.C. 7506(a)) is amended by striking ‘‘Subject 10 to’’ and all that follows through ‘‘the Foundation’’ and 11 inserting the following: ‘‘Not later than 60 days after the 12 end of each fiscal year, the Administrator and the Founda- 13 tion’’. 14 (f) REPEAL OF AUTHORIZATION OF APPROPRIATIONS 15 FOR FISCAL YEARS 2017, 2018, AND 2019.—Section 908 16 of the National Oceans and Coastal Security Act (16 17 U.S.C. 7507) is repealed. 18 (g) PARITY IN OFFSHORE WIND REVENUE SHAR- 19 ING.—Section 8(p)(2) of the Outer Continental Shelf 20 Lands Act (43 U.S.C. 1337(p)(2)) is amended— 21 (1) in subparagraph (A), by striking ‘‘(A) The 22 Secretary’’ and inserting the following: 23 ‘‘(A) IN GENERAL.—Subject to subpara- 24 graphs (B) and (C), the Secretary’’; 25 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 2130 RS (2) in subparagraph (B), by striking ‘‘(B) The 1 Secretary’’ and inserting the following: 2 ‘‘(B) DISPOSITION OF REVENUES FOR 3 PROJECTS LOCATED WITHIN 3 NAUTICAL MILES 4 SEAWARD OF STATE SUBMERGED LAND.—The 5 Secretary’’; and 6 (3) by adding at the end the following: 7 ‘‘(C) DISPOSITION OF REVENUES FOR OFF- 8 SHORE WIND PROJECTS IN CERTAIN AREAS.— 9 ‘‘(i) DEFINITIONS.—In this subpara- 10 graph: 11 ‘‘(I) COVERED OFFSHORE WIND 12 PROJECT.—The term ‘covered off- 13 shore wind project’ means a wind- 14 powered electric generation project in 15 a wind energy area on the outer Con- 16 tinental Shelf that is not wholly or 17 partially located within an area sub- 18 ject to subparagraph (B). 19 ‘‘(II) ELIGIBLE STATE.—The 20 term ‘eligible State’ means a State a 21 point on the coastline of which is lo- 22 cated within 75 miles of the geo- 23 graphic center of the covered offshore 24 wind project. 25 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 2130 RS ‘‘(ii) REQUIREMENT.— 1 ‘‘(I) IN GENERAL.—Of the oper- 2 ating fees, rentals, bonuses, royalties, 3 and other payments that are paid to 4 the Secretary under subparagraph (A) 5 from covered offshore wind projects— 6 ‘‘(aa) 12.5 percent shall be 7 deposited in the Treasury and 8 credited to miscellaneous re- 9 ceipts; 10 ‘‘(bb) 37.5 percent shall be 11 deposited in the National Oceans 12 and Coastal Security Fund estab- 13 lished under section 904(a) of 14 the National Oceans and Coastal 15 Security Act (16 U.S.C. 16 7503(a)); and 17 ‘‘(cc) 50 percent shall be de- 18 posited in a special account in 19 the Treasury, from which the 20 Secretary, subject to subclause 21 (II), shall disburse to each eligi- 22 ble State an amount (based on a 23 formula established by the Sec- 24 retary of the Interior by rule- 25 VerDate Sep 11 2014 04:28 Nov 18, 2022 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S2130.RS S2130 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •S 2130 RS making not later than 180 days 1 after the date of enactment of 2 the Reinvesting In Shoreline 3 Economies and Ecosystems Act 4 of 2021) that is inversely propor- 5 tional [Text truncated for display. Full text available on Congress.gov.]