Schools and State Budgets Certainty Act of 2021

To require the Secretary of the Interior to make energy transition payments to States, counties, and Indian Tribes to replace Federal mineral revenues lost as a result of changes in Federal policy, and for other purposes. 1. Short title This Act may be cited as the Schools and State Budgets Certainty Act of 2021 2. Definitions In this Act: (1) Base mineral revenue amount The term base mineral revenue amount (A) for fiscal year 2021, the average of the annual mineral revenue payments received by an eligible State, eligible county, or eligible Indian Tribe for the period of fiscal years 2016 through 2020; and (B) for fiscal year 2022 and each fiscal year thereafter, an amount equal to 95 percent of the base mineral revenue amount for the eligible State, eligible county, or eligible Indian Tribe for the preceding fiscal year. (2) County The term county 43 U.S.C. 1331 Public Law 109–432 (3) Eligible State, eligible county, eligible Indian Tribe The terms eligible State eligible county eligible Indian Tribe (4) Energy transition payment The term energy transition payment (5) Mineral revenue payment The term mineral revenue payment (A) the Act of May 11, 1938 (52 Stat. 347, chapter 198; 25 U.S.C. 396a Indian Mineral Leasing Act of 1938 (B) the Mineral Leasing Act ( 30 U.S.C. 181 (C) the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 (D) the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 Public Law 109–432 (6) Secretary The term Secretary 3. Annual energy transition payments (a) In general For fiscal year 2021 and each fiscal year thereafter, the Secretary shall calculate for each eligible State, eligible county, and eligible Indian Tribe an amount equal to the difference between— (1) the base mineral revenue amount for the eligible State, eligible county, or eligible Indian Tribe for that fiscal year; and (2) the mineral revenue payment for the eligible State, eligible county, or eligible Indian Tribe for that fiscal year. (b) Payments to eligible States, counties, and Indian Tribes (1) In general Subject to subsection (c), for each fiscal year, the Secretary shall pay to each eligible State, eligible county, and eligible Indian Tribe, without further appropriation, the amount of the energy transition payment calculated under subsection (a). (2) Condition on use of funds For each energy transition payment received by an eligible State or eligible county for a fiscal year, the percentage of the energy transition payment that is equivalent to the percentage of the mineral revenue payment received by the eligible State or eligible county for that fiscal year pursuant to the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 Public Law 109–432 (c) Limitation An eligible State, eligible county, or eligible Indian Tribe shall not receive an energy transition payment under this section for any fiscal year for which the mineral revenue payment received by the eligible State, eligible county, or eligible Indian Tribe is greater than the base mineral revenue amount for the eligible State, eligible county, or eligible Indian Tribe for that fiscal year. (d) Timing of payment The energy transition payments required under this section for a fiscal year shall be made as soon as practicable after the end of that fiscal year. (e) Maintenance of funding The energy transition payments made to eligible States, eligible counties, and eligible Indian Tribes under this section shall supplement (and not supplant) other Federal funding made available to eligible States, eligible counties, and eligible Indian Tribes. (f) Direct payments The energy transition payments made to eligible States, eligible counties, and eligible Indian Tribes under this section shall be made as direct payments and not as Federal financial assistance. (g) Mandatory funding (1) In general As soon as practicable after the date of enactment of this Act, and on October 1, 2021, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary such sums as are necessary to carry out this section, to remain available until expended. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.

Summary: Schools and State Budgets Certainty Act of 2021 This bill modifies how states, counties, and Indian tribes are paid for mineral extraction on their land. The Department of the Interior shall pay to eligible states, counties, and Indian tribes an energy transition payment as calculated in accordance with this bill. An energy transition payment received by a state or county pursuant to the Gulf of Mexico Energy Security Act of 2006 must be used for certain authorized uses, such as coastal protection and mitigation of damage to wildlife.