S.Amdt. 5113

1. Adds SEC. __. SEAWARD BOUNDARY EXTENSION at the end of the bill

   Adds a section

   In S. 3268 · Placed on Calendar Senate

   (b) Report.--If the Commission decides not to use the procedures described in subsection (a) in a specific instance, not later than 30 days after the date of the decision, the Commission shall submit to Congress a detailed report that describes in each instance the reasons for not using the procedures.

   Inserted: SEC. __. SEAWARD BOUNDARY EXTENSION.

   Inserted: (a) In General.--Title II of the Submerged Lands Act (43 U.S.C. 1311 et seq.) is amended--

   Inserted: (1) by redesignating section 11 as section 12; and

   Inserted: (2) by inserting after section 10 the following:

   Inserted: "SEC. 11. EXTENSION OF SEAWARD BOUNDARIES OF THE STATES OF LOUISIANA, MISSISSIPPI, AND ALABAMA.

   Inserted: "(a) Definitions.--In this section:

   Inserted: "(1) Existing interest.--The term 'existing interest' means any lease, easement, right-of-use, or right-of-way on, or for any natural resource or minerals underlying, the expanded submerged land that is in existence on the date of the conveyance of the expanded submerged land to the State under subsection (b)(1).

   Inserted: "(2) Expanded seaward boundary.--The term 'expanded seaward boundary' means the seaward boundary of the State that is 3 marine leagues seaward of the coast line of the State as of the day before the date of enactment of this section.

   Inserted: "(3) Expanded submerged land.--The term 'expanded submerged land' means the area of the outer Continental Shelf that is located between 3 geographical miles and 3 marine leagues seaward of the coast line of the State as of the day before the date of enactment of this section.

   Inserted: "(4) Interest owner.--The term 'interest owner' means any person that owns or holds an existing interest in the expanded submerged land or portion of an existing interest in the expanded submerged land.

   Inserted: "(5) Secretary.--The term 'Secretary' means the Secretary of the Interior.

   Inserted: "(6) State.--The term 'State' means each of the States of Louisiana, Mississippi, and Alabama.

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   Inserted: "(b) Conveyance of Expanded Submerged Land.--

   Inserted: "(1) In general.--If a State demonstrates to the satisfaction of the Secretary that the conditions described in paragraph (2) will be met, the Secretary shall, subject to valid existing rights and subsection (c), convey to the State the interest of the United States in the expanded submerged land of the State.

   Inserted: "(2) Conditions.--A conveyance under paragraph (1) shall be subject to the condition that--

   Inserted: "(A) on conveyance of the interest of the United States in the expanded submerged land to the State under paragraph (1)--

   Inserted: "(i) the Governor of the State (or a delegate of the Governor) shall exercise the powers and duties of the Secretary under the terms of any existing interest, subject to the requirement that the State and the officers of the State may not exercise the powers to impose any burden or requirement on any interest owner that is more onerous or strict than the burdens or requirements imposed under applicable Federal law (including regulations) on owners or holders of the same type of lease, easement, right-of-use, or right-of-way on the outer Continental Shelf seaward of the expanded submerged land; and

   Inserted: "(ii) the State shall not impose any administrative or judicial penalty or sanction on any interest owner that is more severe than the penalty or sanction under Federal law (including regulations) applicable to owners or holders of leases, easements, rights-of-use, or rights-of-way on the outer Continental Shelf seaward of the expanded submerged lands for the same act, omission, or violation;

   Inserted: "(B) not later than 5 years after the date of enactment of this section--

   Inserted: "(i) the State shall enact laws or promulgate regulations with respect to the environmental protection, safety, and operations of any platform pipeline in existence on the date of conveyance to the State under paragraph (1) that is affixed to or above the expanded submerged land that impose the same requirements as Federal law (including regulations) applicable to a platform pipeline on the outer Continental Shelf seaward of the expanded submerged land; and

   Inserted: "(ii) the State shall enact laws or promulgate regulations for determining the value of oil, gas, or other mineral production from existing interests for royalty purposes that establish the same requirements as the requirements under Federal law (including regulations) applicable to Federal leases for the same minerals on the outer Continental Shelf seaward of the expanded submerged land; and

   Inserted: "(C) the State laws and regulations enacted or promulgated under subparagraph (B) shall provide that if Federal law (including regulations) applicable to leases, easements, rights-of-use, or rights-of-way on the outer Continental Shelf seaward of the expanded submerged land are modified after the date on which the State laws and regulations are enacted or promulgated, the State laws and regulations applicable to existing interests will be modified to reflect the change in Federal laws (including regulations).

   Inserted: "(c) Exceptions.--

   Inserted: "(1) Mineral lease or unit divided.--

   Inserted: "(A) In general.--If any existing Federal oil and gas or other mineral lease or unit would be divided by the expanded seaward boundary of a State, the interest of the United States in the leased minerals underlying the portion of the lease or unit that lies within the expanded submerged boundary shall not be considered to be conveyed to the State until the date on which the lease or unit expires or is relinquished by the United States.

   Inserted: "(B) Applicability for other purposes.--Notwithstanding subparagraph (A), the expanded seaward boundary of a State shall be the seaward boundary of the State for all other purposes, including the distribution of revenues under section 8(g)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)(2)).

   Inserted: "(2) Laws and regulations not sufficient.--If the Secretary determines that any law or regulation enacted or promulgated by a State under subparagraph (B) of subsection (b)(2) does not meet the requirements of that subparagraph, the Secretary shall not convey the expanded submerged land to the State.

   Inserted: "(d) Interest Issued or Granted by the State.--This section does not apply to any interest in the expanded submerged land that a State issues or grants after the date of conveyance of the expanded submerged land to the State under subsection (b)(1).

   Inserted: "(e) Liability.--

   Inserted: "(1) In general.--By accepting conveyance of the expanded submerged land, the State agrees to indemnify the United States for any liability to any interest owner for the taking of any property interest or breach of contract from--

   Inserted: "(A) the conveyance of the expanded submerged land to the State; or

   Inserted: "(B) the State's administration of any existing interest under subsection (b)(2)(A)(i).

   Inserted: "(2) Deduction from oil and gas leasing revenues.--The Secretary may deduct from the amounts otherwise payable to the State under section 8(g)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)(2)) the amount of any final nonappealable judgment for a taking or breach of contract described in paragraph (1).".

   Inserted: (b) Conforming Amendment.--Section 2(b) of the Submerged Lands Act (43 U.S.C. 1301(b)) is amended by striking "section 4 hereof" and inserting "section 4 or 11".

   Inserted: SEC. ___. USE OF OFFSHORE OIL AND GAS PLATFORMS AND OTHER FACILITIES FOR ALTERNATIVE ENERGY PRODUCTION.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Alternative energy.--The term "alternative energy" means energy from a source other than oil or gas.

   Inserted: (2) Secretary.--The term "Secretary" means the Secretary of the Interior.

   Inserted: (b) Grant Program.--

   Inserted: (1) Establishment.--The Secretary shall establish a grant program under which the Secretary shall provide grants to pay the Federal share of the cost of--

   Inserted: (A) converting offshore oil and gas platforms or other facilities that are decommissioned from service for oil and gas purposes to alternative energy production facilities; or

   Inserted: (B) using offshore oil and gas platforms or other facilities that are being used for oil and gas purposes to also produce alternative energy.

   Inserted: (2) Federal share.--The Federal share of the cost of carrying out activities under paragraph (1) shall be not more than 50 percent.

   Inserted: (3) Applicable law.--The Outer Continental Shelf Land Act (43 U.S.C. 1301 et seq.) shall apply to any activities carried out under this section.

   Inserted: (4) Disposition of revenues.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), of the revenues to the United States from the production of alternative energy under this section for each fiscal year, the Secretary shall deposit--

   Inserted: (A) 50 percent in the general fund of the Treasury; and

   Inserted: (B) 50 percent in a special account in the Treasury from which the Secretary shall disburse--

   Inserted: (i) 75 percent to States based on a formula established by the Secretary by regulation; and

   Inserted: (ii) 25 percent to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l -8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l-5).

   Inserted: (5) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

   Inserted: (6) Termination of authority.--The authority of the Secretary to provide grants under this section terminates on the date that is 10 years after the date of enactment of this Act.

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