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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2418 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 430
116th CONGRESS
  2d Session
                                S. 2418

  To amend the Gulf of Mexico Energy Security Act of 2006 to modify a 
 definition and the disposition and authorized uses of qualified outer 
   Continental Shelf revenues under that Act and to exempt State and 
 county payments under that Act from sequestration, to provide for the 
 distribution of certain outer Continental Shelf revenues to the State 
                   of Alaska, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2019

 Mr. Cassidy (for himself, Ms. Murkowski, Mr. Kennedy, Mr. Wicker, Mr. 
  Jones, Mr. Sullivan, and Mrs. Hyde-Smith) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           February 25, 2020

               Reported by Ms. Murkowski, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
  To amend the Gulf of Mexico Energy Security Act of 2006 to modify a 
 definition and the disposition and authorized uses of qualified outer 
   Continental Shelf revenues under that Act and to exempt State and 
 county payments under that Act from sequestration, to provide for the 
 distribution of certain outer Continental Shelf revenues to the State 
                   of Alaska, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Conservation Of 
America's Shoreline Terrain and Aquatic Life Act'' or the ``COASTAL 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES

Sec. 101. Definition of qualified outer Continental Shelf revenues.
Sec. 102. Disposition of qualified outer Continental Shelf revenues.
Sec. 103. Exemption of certain payments from sequestration.
           TITLE II--ALASKA OUTER CONTINENTAL SHELF REVENUES

Sec. 201. Definitions.
Sec. 202. Disposition of qualified revenues in Alaska.

              TITLE III--STATE MINERAL REVENUE PROTECTION

Sec. 301. Elimination of administrative fee.

        TITLE I--GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES

SEC. 101. DEFINITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES.

    Section 102(9)(A) of the Gulf of Mexico Energy Security Act of 2006 
(43 U.S.C. 1331 note; Public Law 109-432) is amended--
            (1) in clause (i)(II), by striking ``and'' after the 
        semicolon;
            (2) in clause (ii)--
                    (A) in the matter preceding subclause (I), by 
                striking ``fiscal year 2017 and each fiscal year 
                thereafter'' and inserting ``each of fiscal years 2017 
                through 2019''; and
                    (B) in subclause (III), by striking the period and 
                inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(iii) in the case of fiscal year 2020 and 
                        each fiscal year thereafter, all rentals, 
                        royalties, bonus bids, and other sums due and 
                        payable to the United States received on or 
                        after October 1, 2019, from leases entered into 
                        on or after October 1, 2000 for--
                                    ``(I) the 181 Area;
                                    ``(II) the 181 South Area; and
                                    ``(III) the 2002-2007 planning 
                                area.''.

SEC. 102. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES.

    (a) In General.--Section 105(a) 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), by striking ``50'' and inserting 
        ``37.5''; and
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``50'' and inserting ``62.5'';
                    (B) in subparagraph (A), by striking ``75'' and 
                inserting ``80''; and
                    (C) in subparagraph (B), by striking ``25'' and 
                inserting ``20''.
<DELETED>    (b) Authorized Uses.--Section 105(d)(1) 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:</DELETED>
                <DELETED>    ``(F) Planning, engineering, design, 
                construction, operations, and maintenance of 1 or more 
                projects that are specifically authorized by any other 
                Act for ecosystem restoration, hurricane protection, or 
                flood damage prevention.''.</DELETED>
<DELETED>    (c) Limitations on Amount of Distributed Qualified Outer 
Continental Shelf Revenues.--</DELETED>
    (b) Limitations 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) by striking subparagraphs (B) and (C);
                    (B) in subparagraph (A), by striking the semicolon 
                at the end and inserting a period; and
                    (C) beginning in the matter preceding subparagraph 
                (A), by striking ``exceed--'' and all that follows 
                through ``for each'' in subparagraph (A) and inserting 
                the following: ``exceed $500,000,000 for each''; and
            (2) in paragraph (2), by striking ``2055'' and inserting 
        ``2019''.

SEC. 103. EXEMPTION OF CERTAIN PAYMENTS FROM SEQUESTRATION.

    (a) In General.--Section 255(g)(1)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is 
amended by inserting after ``Payments to Social Security Trust Funds 
(28-0404-0-1-651).'' the following:
                    ``Payments to States pursuant to section 
                105(a)(2)(A) of the Gulf of Mexico Energy Security Act 
                of 2006 (Public Law 109-432; 43 U.S.C. 1331 note) (014-
                5535-0-2-302).''.
    (b) Applicability.--The amendment made by this section shall apply 
to any sequestration order issued under the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or 
after the date of enactment of this Act.

           TITLE II--ALASKA OUTER CONTINENTAL SHELF REVENUES

SEC. 201. DEFINITIONS.

    In this title:
            (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.

SEC. 202. DISPOSITION OF QUALIFIED REVENUES IN ALASKA.

    (a) 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 2021 and each fiscal year thereafter, the 
Secretary of the Treasury shall deposit--
            (1) 50 percent of qualified revenues in the general fund of 
        the Treasury;
            (2) 42.5 percent of qualified revenues in a special account 
        in the Treasury, to be distributed by the Secretary to the 
        State; and
            (3) 7.5 percent of qualified revenues in a special account 
        in the Treasury, to be distributed by the Secretary to coastal 
        political subdivisions.
    (b) Allocation Among Coastal Political Subdivisions.--Of the amount 
paid by the Secretary to coastal political subdivisions under 
subsection (a)(3)--
            (1) 90 percent shall be allocated among costal political 
        subdivisions described in section 201(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
            (2) 10 percent shall be divided equally among each coastal 
        political subdivision described in section 201(1)(B).
    (c) Timing.--The amounts required to be deposited under subsection 
(a) for the applicable fiscal year shall be made available in 
accordance with that subsection during the fiscal year immediately 
following the applicable fiscal year.
    (d) Authorized Uses.--
            (1) In general.--Subject to paragraph (2), the State shall 
        use all amounts received under subsection (a)(2) in accordance 
        with all applicable Federal and State laws, for 1 or more of 
        the following purposes:
                    (A) 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.
                    (B) Mitigation of damage to fish, wildlife, or 
                natural resources.
                    (C) Mitigation of the impact of outer Continental 
                Shelf activities through the funding of onshore 
                infrastructure projects and related rights-of-way.
                    (D) Adaptation planning, vulnerability assessments, 
                and emergency preparedness assistance to build healthy 
                and resilient communities.
                    (E) 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.
                    (F) Programs at institutions of higher education in 
                the State.
                    (G) Other purposes, as determined by the Governor 
                of the State, with approval from the State legislature.
                    (H) Planning assistance and the administrative 
                costs of complying with this section.
            (2) Limitation.--Not more than 3 percent of amounts 
        received by the State under subsection (a)(2) may be used for 
        the purposes described in paragraph (1)(H).
    (e) Administration.--Amounts made available under paragraphs (2) 
and (3) of subsection (a) shall--
            (1) be made available, without further appropriation, in 
        accordance with this section;
            (2) remain available until expended; and
            (3) be in addition to any amounts appropriated under any 
        other provision of law.

              TITLE III--STATE MINERAL REVENUE PROTECTION

SEC. 301. ELIMINATION OF ADMINISTRATIVE FEE.

    (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 
        ``, 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 subsection (b)(3)(B)(ii) (as so redesignated), by 
        striking ``subsection (d)'' and inserting ``subsection (c)''; 
        and
            (5) in subsection (c)(3)(A)(ii) (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 matter preceding paragraph 
        (1), in the second sentence, by striking ``the provisions of 
        subsection (b) of section 35 of the Mineral Leasing Act (30 
        U.S.C. 191(b)) and''.
            (3) Section 205(f) of the Federal Oil and Gas Royalty 
        Management Act of 1982 (30 U.S.C. 1735(f)) is amended by 
        striking the fourth, fifth, and sixth sentences.
                                                       Calendar No. 430

116th CONGRESS

  2d Session

                                S. 2418

_______________________________________________________________________

                                 A BILL

  To amend the Gulf of Mexico Energy Security Act of 2006 to modify a 
 definition and the disposition and authorized uses of qualified outer 
   Continental Shelf revenues under that Act and to exempt State and 
 county payments under that Act from sequestration, to provide for the 
 distribution of certain outer Continental Shelf revenues to the State 
                   of Alaska, and for other purposes.

_______________________________________________________________________

                           February 25, 2020

                        Reported with amendments
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