RISEE Act of 2023

Subjects: Energy


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 373 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st 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, and Mr. Schatz) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reinvesting In Shoreline Economies 
and Ecosystems Act of 2023'' or the ``RISEE Act of 2023''.

SEC. 2. NATIONAL OCEANS AND COASTAL SECURITY FUND; PARITY IN OFFSHORE 
              WIND REVENUE SHARING.

    (a) Definitions in the National Oceans and Coastal Security Act.--
Section 902 of the National Oceans and Coastal Security Act (16 U.S.C. 
7501) is amended--
            (1) by striking paragraph (5) and inserting the following:
            ``(5) Indian tribe.--The term `Indian tribe' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).''; 
        and
            (2) by striking paragraph (7) and inserting the following:
            ``(7) Tidal shoreline.--The term `tidal shoreline' means 
        the length of tidal shoreline or Great Lake shoreline based on 
        the most recently available data from or accepted by the Office 
        of Coast Survey of the National Oceanic and Atmospheric 
        Administration.''.
    (b) National Oceans and Coastal Security Fund.--Section 904 of the 
National Oceans and Coastal Security Act (16 U.S.C. 7503) is amended--
            (1) in subsection (a), by inserting ``and manage'' after 
        ``establish'';
            (2) in subsection (b), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--The Fund shall consist of such amounts 
        as--
                    ``(A) are deposited in the Fund under subparagraph 
                (C)(ii)(II) of section 8(p)(2) of the Outer Continental 
                Shelf Lands Act (43 U.S.C. 1337(p)(2)); and
                    ``(B) are appropriated or otherwise made available 
                for the Fund.'';
            (3) by striking subsection (d) and inserting the following:
    ``(d) Expenditure.--
            ``(1) $34,000,000 or less.--If $34,000,000 or less is 
        deposited in, or appropriated or otherwise made available for, 
        the Fund for a fiscal year, in that fiscal year--
                    ``(A) not more than 5 percent of such amounts may 
                be used by the Administrator and the Foundation for 
                administrative expenses to carry out this title; and
                    ``(B) any remaining amounts shall be used only for 
                the award of grants under section 906(c).
            ``(2) More than $34,000,000.--If more than $34,000,000 is 
        deposited in, or appropriated or otherwise made available for, 
        the Fund for a fiscal year, in that fiscal year--
                    ``(A) not more than 5 percent of such amounts may 
                be used by the Administrator and the Foundation for 
                administrative expenses to carry out this title;
                    ``(B) not less than $34,000,000 shall be used for 
                the award of grants under section 906(c); and
                    ``(C) of any amounts exceeding $34,000,000--
                            ``(i) not more than 75 percent may be used 
                        for the award of grants under section 906(b); 
                        and
                            ``(ii) not more than 20 percent may be used 
                        for the award of grants under section 906(c).
            ``(3) Division of amounts for administrative expenses.--The 
        amounts referred to in paragraphs (1)(A) and (2)(A) shall be 
        divided between the Administrator and the Foundation pursuant 
        to an agreement reached and documented by both the 
        Administrator and the Foundation.''; and
            (4) in subsection (e)(2), by striking ``section 906(a)(1)'' 
        and inserting ``section 906(a)''.
    (c) Eligible Uses of Amounts in the National Oceans and Coastal 
Security Fund.--Section 905 of the National Oceans and Coastal Security 
Act (16 U.S.C. 7504) is amended to read as follows:

``SEC. 905. ELIGIBLE USES.

    ``(a) In General.--Amounts in the Fund may be allocated by the 
Administrator under section 906(b) and the Foundation, in consultation 
with the Administrator, under section 906(c) to support programs and 
activities intended to improve understanding and use of ocean and 
coastal resources and coastal infrastructure.
    ``(b) Programs and Activities.--The programs and activities 
referred to in subsection (a) may include scientific research related 
to changing environmental conditions, ocean observing projects, efforts 
to enhance resiliency of infrastructure and communities (including 
project planning and design), habitat protection and restoration, 
monitoring and reducing damage to natural resources and marine life 
(including birds, marine mammals, and fish), and efforts to support 
sustainable seafood production carried out by States, local 
governments, Indian tribes, regional and interstate collaboratives 
(such as regional ocean partnerships), nongovernmental organizations, 
public-private partnerships, and academic institutions.
    ``(c) Prohibition on Use of Funds for Litigation or Other 
Purposes.--No funds made available under this title may be used--
            ``(1) to fund litigation against the Federal Government; or
            ``(2) to fund the creation of national marine monuments, 
        marine protected areas, or marine spatial plans.''.
    (d) Grants Under the National Oceans and Coastal Security Act.--
Section 906 of the National Oceans and Coastal Security Act (16 U.S.C. 
7505) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (2);
                    (B) by striking ``(a) Administration of Grants.--'' 
                and all that follows through ``the following:'' and 
                inserting the following:
    ``(a) Administration of Grants.--Not later than 90 days after funds 
are deposited in the Fund and made available to the Administrator and 
the Foundation for administrative purposes, the Administrator and the 
Foundation shall establish the following:'';
                    (C) in subparagraph (A), by striking ``such 
                subsections'' and inserting ``this section'';
                    (D) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Selection procedures and criteria for the 
                awarding of grants under this section that require 
                consultation with the Administrator and the Secretary 
                of the Interior.'';
                    (E) in subparagraph (C), by striking clause (ii) 
                and inserting the following:
                            ``(ii) under subsection (c) to entities 
                        including States, local governments, Indian 
                        tribes, regional and interstate collaboratives 
                        (such as regional ocean partnerships), 
                        nongovernmental organizations, public-private 
                        partnerships, and academic institutions.'';
                    (F) in subparagraph (D), by striking ``Performance 
                accountability and monitoring'' and inserting 
                ``Performance, accountability, and monitoring'';
                    (G) by redesignating subparagraphs (A) through (H) 
                as paragraphs (1) through (8), respectively, and moving 
                such paragraphs, as so redesignated, 2 ems to the left; 
                and
                    (H) in paragraph (3), as so redesignated, by 
                redesignating clauses (i) and (ii) as subparagraphs (A) 
                and (B), respectively, and moving such subparagraphs, 
                as so redesignated, 2 ems to the left;
            (2) by striking subsection (b) and inserting the following:
    ``(b) Grants to Coastal States.--
            ``(1) In general.--The Administrator shall award grants to 
        coastal States as follows:
                    ``(A) 70 percent of available amounts shall be 
                allocated equally among coastal States.
                    ``(B) 15 percent of available amounts shall be 
                allocated on the basis of the ratio of tidal shoreline 
                in a coastal State to the tidal shoreline of all 
                coastal States.
                    ``(C) 15 percent of available amounts shall be 
                allocated on the basis of the ratio of population 
                density of the coastal counties of a coastal State to 
                the average population density of all coastal counties 
                based on the most recent data available from the Bureau 
                of the Census.
            ``(2) Maximum allocation to states.--Notwithstanding 
        paragraph (1), not more than 5 percent of the total funds 
        distributed under this subsection may be allocated to any 
        single coastal State. Any amount exceeding that limitation 
        shall be redistributed equally among the remaining coastal 
        States.
            ``(3) Optional matching funds.--Each entity seeking to 
        receive a grant under this subsection is encouraged, but not 
        required, to demonstrate that funds of any amount are available 
        from non-Federal sources to supplement the amount of the 
        grant.''; and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``The 
                Administrator and the Foundation'' and inserting ``The 
                Foundation, in consultation with the Administrator,''; 
                and
                    (B) by adding at the end the following:
            ``(3) Exclusion of funds from limitation.--The amount of a 
        grant awarded under this subsection shall not count toward the 
        limitation under subsection (b)(2) on funding to coastal States 
        through grants awarded under subsection (b).''.
    (e) Annual Report on Operation of the National Oceans and Coastal 
Security Fund.--Section 907(a) of the National Oceans and Coastal 
Security Act (16 U.S.C. 7506(a)) is amended by striking ``Subject to'' 
and all that follows through ``the Foundation'' and inserting the 
following: ``Not later than 60 days after the end of each fiscal year, 
the Administrator and the Foundation''.
    (f) Repeal of Authorization of Appropriations for Fiscal Years 
2017, 2018, and 2019.--Section 908 of the National Oceans and Coastal 
Security Act (16 U.S.C. 7507) is repealed.
    (g) Parity in Offshore Wind Revenue Sharing.--Section 8(p)(2) of 
the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is 
amended--
            (1) in subparagraph (A), by striking ``(A) The Secretary'' 
        and inserting the following:
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Secretary'';
            (2) in subparagraph (B), by striking ``(B) The Secretary'' 
        and inserting the following:
                    ``(B) Disposition of revenues for projects located 
                within 3 nautical miles seaward of state submerged 
                land.--The Secretary''; and
            (3) by adding at the end the following:
                    ``(C) Disposition of revenues for offshore wind 
                projects in certain areas.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Covered offshore wind 
                                project.--The term `covered offshore 
                                wind project' means a wind-powered 
                                electric generation project in a lease 
                                area on the outer Continental Shelf 
                                that is not wholly or partially located 
                                within an area subject to subparagraph 
                                (B).
                                    ``(II) Eligible state.--The term 
                                `eligible State' means a State a point 
                                on the coastline of which is located 
                                within 75 miles of the geographic 
                                center of a lease tract lying wholly or 
                                partly within the area of the 
                                applicable covered offshore wind 
                                project.
                            ``(ii) Requirement.--Of the operating fees, 
                        rentals, bonuses, royalties, and other payments 
                        that are paid to the Secretary under 
                        subparagraph (A) from covered offshore wind 
                        projects carried out under a lease entered into 
                        on or after January 1, 2022--
                                    ``(I) 50 percent shall be deposited 
                                in the Treasury and credited to 
                                miscellaneous receipts;
                                    ``(II) 12.5 percent shall be 
                                deposited 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)); and
                                    ``(III) 37.5 percent shall be 
                                deposited in a special account in the 
                                Treasury, from which the Secretary 
                                shall disburse to each eligible State 
                                an amount (based on a formula 
                                established by the Secretary of the 
                                Interior by rulemaking not later than 
                                180 days after the date of enactment of 
                                the Reinvesting In Shoreline Economies 
                                and Ecosystems Act of 2023) that is 
                                inversely proportional to the 
                                respective distances between--
                                            ``(aa) the point on the 
                                        coastline of each eligible 
                                        State that is closest to the 
                                        geographic center of the 
                                        applicable leased tract; and
                                            ``(bb) the geographic 
                                        center of the leased tract.
                            ``(iii) Timing.--The amounts required to be 
                        deposited under subclause (III) of clause (ii) 
                        for the applicable fiscal year shall be made 
                        available in accordance with that item during 
                        the fiscal year immediately following the 
                        applicable fiscal year.
                            ``(iv) Authorized uses.--
                                    ``(I) In general.--Subject to 
                                subclause (II), each State shall use 
                                all amounts received under clause 
                                (ii)(III) in accordance with all 
                                applicable Federal and State laws, only 
                                for 1 or more of the following 
                                purposes:
                                            ``(aa) Projects and 
                                        activities for the purposes of 
                                        coastal protection, including 
                                        conservation, coastal 
                                        restoration, hurricane 
                                        protection, and infrastructure 
                                        directly affected by coastal 
                                        wetland losses.
                                            ``(bb) Mitigation of damage 
                                        to fish, wildlife, or natural 
                                        resources, including through 
                                        fisheries science and research.
                                            ``(cc) Implementation of a 
                                        federally approved marine, 
                                        coastal, or comprehensive 
                                        conservation management plan.
                                            ``(dd) Mitigation of the 
                                        impact of outer Continental 
                                        Shelf activities through the 
                                        funding of onshore 
                                        infrastructure projects, on the 
                                        condition that the projects are 
                                        not primarily for entertainment 
                                        purposes.
                                            ``(ee) Planning assistance 
                                        and the administrative costs of 
                                        complying with this section.
                                    ``(II) Limitation.--Of the amounts 
                                received by a State under clause 
                                (ii)(III), not more than 3 percent 
                                shall be used for the purposes 
                                described in subclause (I)(ee).
                            ``(v) Administration.--Subject to clause 
                        (vi)(III), amounts made available under clause 
                        (ii) shall--
                                    ``(I) be made available, without 
                                further appropriation, in accordance 
                                with this paragraph;
                                    ``(II) remain available until 
                                expended; and
                                    ``(III) be in addition to any 
                                amount appropriated under any other 
                                Act.
                            ``(vi) Reporting requirement for fiscal 
                        year 2023 and thereafter.--
                                    ``(I) In general.--Beginning with 
                                fiscal year 2023, not later than 180 
                                days after the end of each fiscal year, 
                                each eligible State that receives 
                                amounts under clause (ii)(III) for the 
                                applicable fiscal year shall submit to 
                                the Secretary a report that describes 
                                the use of the amounts by the eligible 
                                State during the period covered by the 
                                report.
                                    ``(II) Public availability.--On 
                                receipt of a report under subclause 
                                (I), the Secretary shall make the 
                                report available to the public on the 
                                website of the Department of the 
                                Interior.
                                    ``(III) Limitation.--If an eligible 
                                State that receives amounts under 
                                clause (ii)(III) for the applicable 
                                fiscal year fails to submit the report 
                                required under subclause (I) by the 
                                deadline specified in that subclause, 
                                any amounts that would otherwise be 
                                provided to the eligible State under 
                                clause (ii)(III) for the succeeding 
                                fiscal year shall be withheld for the 
                                succeeding fiscal year until the date 
                                on which the report is submitted.
                                    ``(IV) Contents of report.--Each 
                                report required under subclause (I) 
                                shall include, for each project funded 
                                in whole or in part using amounts 
                                received under clause (ii)(III)--
                                            ``(aa) the name and 
                                        description of the project;
                                            ``(bb) the amount received 
                                        under clause (ii)(III) that is 
                                        allocated to the project; and
                                            ``(cc) a description of how 
                                        each project is consistent with 
                                        the authorized uses under 
                                        clause (iv)(I).
                                    ``(V) Clarification.--Nothing in 
                                this clause--
                                            ``(aa) requires or provides 
                                        authority for the Secretary to 
                                        delay, modify, or withhold 
                                        payment under clause (ii)(III), 
                                        other than for failure to 
                                        submit a report as required 
                                        under this clause;
                                            ``(bb) requires or provides 
                                        authority for the Secretary to 
                                        review or approve uses of funds 
                                        reported under this clause;
                                            ``(cc) requires or provides 
                                        authority for the Secretary to 
                                        approve individual projects 
                                        that receive funds reported 
                                        under this clause;
                                            ``(dd) requires an eligible 
                                        State to obtain the approval 
                                        of, or review by, the Secretary 
                                        prior to spending funds 
                                        disbursed under clause 
                                        (ii)(III);
                                            ``(ee) 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 clause;
                                            ``(ff) requires an eligible 
                                        State to obligate or expend 
                                        funds by a certain date; or
                                            ``(gg) requires or provides 
                                        authority for the Secretary to 
                                        request an eligible State to 
                                        return unobligated funds.''.

SEC. 3. GULF OF MEXICO OUTER CONTINENTAL SHELF REVENUES.

    (a) Authorized Uses.--Section 105(d)(1)(D) of the Gulf of Mexico 
Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) 
is amended by inserting ``, on the condition that the projects are not 
primarily for entertainment purposes'' after ``infrastructure 
projects''.
    (b) Administration.--Section 105(e) of the Gulf of Mexico Energy 
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is 
amended, in the matter preceding paragraph (1), by striking ``Amounts'' 
and inserting ``Subject to subsection (g)(3), amounts''.
    (c) Elimination of Limitation 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) in subparagraph (A), by inserting ``and'' after 
                the semicolon;
                    (B) in subparagraph (B), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking subparagraph (C); and
            (2) in paragraph (2), by striking ``2055'' and inserting 
        ``2022''.
    (d) Reporting Requirements.--Section 105 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:
    ``(g) Reporting Requirement for Fiscal Year 2023 and Thereafter.--
            ``(1) In general.--Beginning with fiscal year 2023, not 
        later than 180 days after the end of each fiscal year, each 
        Gulf producing State that receives amounts under subsection 
        (a)(2)(A) for the applicable fiscal year shall submit to the 
        Secretary a report that describes the use of the amounts by the 
        Gulf producing State during the period covered by the report.
            ``(2) Public availability.--On receipt of a report under 
        paragraph (1), the Secretary shall make the report available to 
        the public on the website of the Department of the Interior.
            ``(3) Limitation.--If a Gulf producing State that receives 
        amounts under subsection (a)(2)(A) for the applicable fiscal 
        year fails to submit the report required under paragraph (1) by 
        the deadline specified in that paragraph, any amounts that 
        would otherwise be provided to the Gulf producing State under 
        subsection (a)(2)(A) for the succeeding fiscal year shall be 
        withheld for the succeeding fiscal year until the date on which 
        the report is submitted.
            ``(4) Contents of report.--Each report required under 
        paragraph (1) shall include, for each project funded in whole 
        or in part using amounts received under subsection (a)(2)(A)--
                    ``(A) the name and description of the project;
                    ``(B) the amount received under subsection 
                (a)(2)(A) that is allocated to the project; and
                    ``(C) a description of how each project is 
                consistent with the authorized uses under subsection 
                (d)(1).
            ``(5) Clarification.--Nothing in this clause--
                    ``(A) requires or provides authority for the 
                Secretary to delay, modify, or withhold payment under 
                subsection (a)(2)(A), other than for failure to submit 
                a report as required under this subsection;
                    ``(B) requires or provides authority for the 
                Secretary to review or approve uses of funds reported 
                under this subsection;
                    ``(C) requires or provides authority for the 
                Secretary to approve individual projects that receive 
                funds reported under this subsection;
                    ``(D) requires a Gulf producing State to obtain the 
                approval of, or review by, the Secretary prior to 
                spending funds disbursed under subsection (a)(2)(A);
                    ``(E) 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 subsection;
                    ``(F) requires a Gulf producing State to obligate 
                or expend funds by a certain date; or
                    ``(G) requires or provides authority for the 
                Secretary to request a Gulf producing State to return 
                unobligated funds.''.

SEC. 4. ELIMINATION OF ADMINISTRATIVE FEE UNDER THE MINERAL LEASING 
              ACT.

    (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 
        ``and, 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 paragraph (3)(B)(ii) of subsection (b) (as so 
        redesignated), by striking ``subsection (d)'' and inserting 
        ``subsection (c)''; and
            (5) in paragraph (3)(A)(ii) of subsection (c) (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 second sentence of the 
        matter preceding paragraph (1), by striking ``the provisions of 
        subsection (b) of section 35 of the Mineral Leasing Act (30 
        U.S.C. 191(b)) and section 5(a)(2) of this Act'' and inserting 
        ``section 5(a)(2)''.
            (3) Section 205(f) of the Federal Oil and Gas Royalty 
        Management Act of 1982 (30 U.S.C. 1735(f)) is amended--
                    (A) in the first sentence, by striking ``this 
                Section'' and inserting ``this section''; and
                    (B) by striking the fourth, fifth, and sixth 
                sentences.
                                 &lt;all&gt;
</pre></body></html>