S373-118

2. National Oceans and Coastal Security Fund; parity in offshore wind revenue sharing Section 902 of the National Oceans and Coastal Security Act (16 U.S.C. 7501) is amended— by striking paragraph (5) and inserting the following: 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). by striking paragraph (7) and inserting the following: 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. Section 904 of the National Oceans and Coastal Security Act (16 U.S.C. 7503) is amended— in subsection (a), by inserting and manage after establish; in subsection (b), by striking paragraph (1) and inserting the following: The Fund shall consist of such amounts as— 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 are appropriated or otherwise made available for the Fund. by striking subsection (d) and inserting the following: 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— 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 any remaining amounts shall be used only for the award of grants under section 906(c). 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— 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; not less than $34,000,000 shall be used for the award of grants under section 906(c); and of any amounts exceeding $34,000,000— not more than 75 percent may be used for the award of grants under section 906(b); and not more than 20 percent may be used for the award of grants under section 906(c). 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. in subsection (e)(2), by striking section 906(a)(1) and inserting section 906(a). Section 905 of the National Oceans and Coastal Security Act (16 U.S.C. 7504) is amended to read as follows: 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. 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. No funds made available under this title may be used— to fund litigation against the Federal Government; or to fund the creation of national marine monuments, marine protected areas, or marine spatial plans. Section 906 of the National Oceans and Coastal Security Act (16 U.S.C. 7505) is amended— in subsection (a)— by striking paragraph (2); by striking (a) Administration of grants.— and all that follows through the following: and inserting the following: 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: in subparagraph (A), by striking such subsections and inserting this section; by striking subparagraph (B) and inserting the following: Selection procedures and criteria for the awarding of grants under this section that require consultation with the Administrator and the Secretary of the Interior. in subparagraph (C), by striking clause (ii) and inserting the following: 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. in subparagraph (D), by striking Performance accountability and monitoring and inserting Performance, accountability, and monitoring; 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 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; by striking subsection (b) and inserting the following: The Administrator shall award grants to coastal States as follows: 70 percent of available amounts shall be allocated equally among coastal States. 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. 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. 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. 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. in subsection (c)— in paragraph (1), by striking The Administrator and the Foundation and inserting The Foundation, in consultation with the Administrator,; and by adding at the end the following: 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). 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. Section 908 of the National Oceans and Coastal Security Act (16 U.S.C. 7507) is repealed. Section 8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)) is amended— in subparagraph (A), by striking (A) The Secretary and inserting the following: Subject to subparagraphs (B) and (C), the Secretary in subparagraph (B), by striking (B) The Secretary and inserting the following: The Secretary by adding at the end the following: In this subparagraph: 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). 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. 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— 50 percent shall be deposited in the Treasury and credited to miscellaneous receipts; 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 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— the point on the coastline of each eligible State that is closest to the geographic center of the applicable leased tract; and the geographic center of the leased tract. 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. 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: Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses. Mitigation of damage to fish, wildlife, or natural resources, including through fisheries science and research. Implementation of a federally approved marine, coastal, or comprehensive conservation management plan. 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. Planning assistance and the administrative costs of complying with this section. 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). Subject to clause (vi)(III), amounts made available under clause (ii) shall— be made available, without further appropriation, in accordance with this paragraph; remain available until expended; and be in addition to any amount appropriated under any other Act. 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. 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. 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. Each report required under subclause (I) shall include, for each project funded in whole or in part using amounts received under clause (ii)(III)— the name and description of the project; the amount received under clause (ii)(III) that is allocated to the project; and a description of how each project is consistent with the authorized uses under clause (iv)(I). Nothing in this clause— 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; requires or provides authority for the Secretary to review or approve uses of funds reported under this clause; requires or provides authority for the Secretary to approve individual projects that receive funds reported under this clause; requires an eligible State to obtain the approval of, or review by, the Secretary prior to spending funds disbursed under clause (ii)(III); 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; requires an eligible State to obligate or expend funds by a certain date; or requires or provides authority for the Secretary to request an eligible State to return unobligated funds. (5)Indian tribeThe 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 (7)Tidal shorelineThe 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.. (1)In generalThe 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.; (d)Expenditure (1)$34,000,000 or lessIf $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 $34,000,000If 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 expensesThe 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 905.Eligible uses (a)In generalAmounts 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 activitiesThe 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 purposesNo 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.. (a)Administration of grantsNot 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:; (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.; (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.; (b)Grants to coastal States (1)In generalThe 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 StatesNotwithstanding 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 fundsEach 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)Exclusion of funds from limitationThe 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). . (A)In generalSubject to subparagraphs (B) and (C), the Secretary; (B)Disposition of revenues for projects located within 3 nautical miles seaward of State submerged landThe Secretary; and (C)Disposition of revenues for offshore wind projects in certain areas (i)DefinitionsIn this subparagraph: (I)Covered offshore wind projectThe 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 stateThe 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)RequirementOf 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)TimingThe 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 generalSubject 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)LimitationOf 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)AdministrationSubject 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 generalBeginning 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 availabilityOn 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)LimitationIf 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 reportEach 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)ClarificationNothing 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..