S.Amdt. 3291

SA 3291. Mr. CASSIDY (for himself, Ms. Murkowski, Mr. Warner, Mr.
Scott, Mr. Kaine, Mr. Tillis, Mr. Sullivan, and Mr. Vitter) submitted
an amendment intended to be proposed to amendment SA 2953 proposed by
Ms. Murkowski to the bill S. 2012, to provide for the modernization of
the energy policy of the United States, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle B of title III, add the following:

SEC. 3105. OIL AND GAS.

(a) Disposition of Outer Continental Shelf Revenues to Gulf
Producing States.--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 by striking paragraph (1) and inserting
the following:

[[Page S705]]

``(1) In general.--Subject to paragraph (2), the total
amount of qualified outer Continental Shelf revenues
described in section 102(9)(A)(ii) that are made available
under subsection (a)(2) shall not exceed--
``(A) for each of fiscal years 2017 through 2026,
$500,000,000;
``(B) for each of fiscal years 2027 through 2031,
$999,000,000; and
``(C) for each of fiscal years 2032 through 2055,
$500,000,000.''.
(b) Distribution of Revenue to Alaska.--Section 9 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1338) is
amended--
(1) by striking ``All rentals,'' and inserting the
following:
``(a) In General.--Except as provided in subsections (b)
and (c), all rentals,''; and
(2) by adding at the end the following:
``(b) Distribution of Revenue to Alaska.--
``(1) Definitions.--In this subsection:
``(A) Coastal political subdivision.--The term `coastal
political subdivision' means a county-equivalent or municipal
subdivision of the State--
``(i) all or part of which lies within the coastal zone of
the State (as defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)); and
``(ii)(I) 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; or
``(II)(aa) the closest point of which is more than 200
nautical miles from the geographical center of a leased tract
in the Alaska outer Continental Shelf region; and
``(bb) that is determined by the State to be a significant
staging area for oil and gas servicing, supply vessels,
operations, suppliers, or workers.
``(B) Qualified revenues.--
``(i) 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.
``(ii) Exclusions.--The term `qualified revenues' does not
include revenues generated from leases subject to section
8(g).
``(C) State.--The term `State' means the State of Alaska.
``(2) Fiscal years 2027-2031.--For each of fiscal years
2027 through 2031, the Secretary shall deposit--
``(A) 62.5 percent of qualified revenues in the general
fund of the Treasury, of which 12.5 percent shall be
allocated to the Tribal Resilience Fund established by
section 3105(e) of the Energy Policy Modernization Act of
2016;
``(B) 28 percent of qualified revenues in a special account
in the Treasury, to be distributed by the Secretary to the
State;
``(C) 7.5 percent of qualified revenues in a special
account in the Treasury, to be distributed by the Secretary
to coastal political subdivisions; and
``(D) 2 percent of qualified revenues in the general
account of the Denali Commission.
``(3) Allocation among coastal political subdivisions.--Of
the amount paid by the Secretary to coastal political
subdivisions under paragraph (2)(C)--
``(A) 90 percent shall be allocated 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
``(B) 10 percent shall be divided equally among each
coastal political subdivision that--
``(i) is more than 200 nautical miles from the geographic
center of a leased tract; and
``(ii) the State of Alaska determines to be a significant
staging area for oil and gas servicing, supply vessels,
operations, suppliers, or workers.
``(4) Timing.--The amounts required to be deposited under
paragraph (2) for the applicable fiscal year shall be made
available in accordance with that paragraph during the fiscal
year immediately following the applicable fiscal year.
``(5) Administration.--Amounts made available under
paragraph (2) shall--
``(A) be made available, without further appropriation, in
accordance with this subsection;
``(B) remain available until expended; and
``(C) be in addition to any amounts appropriated under any
other provision of law.''.
(c) Disposition of Revenues to Atlantic States.--Section 9
of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) (as
amended by subsection (b)) is amended by adding at the end
the following:
``(c) Distribution of Revenue to Atlantic States.--
``(1) Definitions.--In this subsection:
``(A) Atlantic state.--The term `Atlantic State' means any
of the following States, which are adjacent to the South
Atlantic planning area:
``(i) Georgia.
``(ii) North Carolina.
``(iii) South Carolina.
``(iv) Virginia.
``(B) Qualified revenues.--
``(i) 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 Atlantic planning region.
``(ii) Exclusions.--The term `qualified revenues' does not
include revenues generated from leases subject to section
8(g).
``(C) South atlantic planning area.--The term `South
Atlantic planning area' means the area of the outer
Continental Shelf (as defined in section 2 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331)) that is located
between the northern lateral seaward administrative boundary
of the Commonwealth of Virginia and the southernmost lateral
seaward administrative boundary of the State of Georgia.
``(2) Deposit.--For each of fiscal years 2027 through 2031,
the Secretary shall deposit--
``(A) 62.5 percent of any qualified revenues in the general
fund of the Treasury, of which 12.5 percent shall be split
equally among, and allocated to, or deposited in, as
applicable--
``(i) programs for energy efficiency, renewable energy, and
nuclear energy at the Department of Energy;
``(ii) the National Park Service Critical Maintenance and
Revitalization Conservation Fund established by section
104908 of title 54, United States Code, for use in accordance
with subsection (d) of that section; and
``(iii) the Secretary of Transportation to administer and
award TIGER discretionary grants; and
``(B) 37.5 percent of any qualified revenues in a special
account in the Treasury from which the Secretary shall
disburse amounts to the Atlantic States in accordance with
paragraph (3).
``(3) Allocation to states.--
``(A) In general.--Subject to subparagraphs (B) and (C),
effective for fiscal year 2027 and each fiscal year
thereafter, the Secretary of the Treasury shall allocate the
qualified revenues described in paragraph (2)(B) to each
Atlantic State in amounts (based on a formula established by
the Secretary, by regulation) that are inversely proportional
to the respective distances between--
``(i) the point on the coastline of each Atlantic State
that is closest to the geographical center of the applicable
leased tract; and
``(ii) the geographical center of that leased tract.
``(B) Minimum allocation.--The amount allocated to an
Atlantic State for each fiscal year under subparagraph (A)
shall be not less than 10 percent of the amounts available
under paragraph (2)(B).
``(C) State allocation.--Of the amounts received by a State
under subparagraph (A), the Atlantic State may use, at the
discretion of the Governor of the State--
``(i) 10 percent--

``(I) to enhance State land and water conservation efforts;
``(II) to improve State public transportation projects;
``(III) to establish alternative, renewable, and clean
energy production and generation within each State; and
``(IV) to enhance beach nourishment and costal dredging;
and

``(ii) 2.5 percent to enhance geological and geophysical
education for the energy future of the United States.
``(4) Timing.--The amounts required to be deposited under
paragraph (2) for the applicable fiscal year shall be made
available in accordance with that paragraph during the fiscal
year immediately following the applicable fiscal year.''.
(d) Tribal Resilience Program.--
(1) Definition of indian tribe.--In this subsection, the
term ``Indian tribe'' has the meaning given the term in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(2) Establishment.--The Secretary shall establish a
program--
(A) to improve the resilience of Indian tribes to the
effects of a changing climate;
(B) to support Native American leaders in building strong,
resilient communities; and
(C) to ensure the development of modern, cost-effective
infrastructure.
(3) Grants.--Subject to the availability of appropriations
and amounts in the Tribal Resilience Fund established by
subsection (e)(1), in carrying out the program described in
paragraph (2), the Secretary shall make adaptation grants, in
amounts not to exceed $200,000,000 total per fiscal year, to
Indian tribes for eligible activities described in paragraph
(4).
(4) Eligible activities.--An Indian tribe receiving a grant
under paragraph (3) may only use grant funds for 1 or more of
the following eligible activities:
(A) Development and delivery of adaptation training.
(B) Adaptation planning, vulnerability assessments,
emergency preparedness planning, and monitoring.
(C) Capacity building through travel support for training,
technical sessions, and cooperative management forums.
(D) Travel support for participation in ocean and coastal
planning.
(E) Development of science-based information and tools to
enable adaptive resource management and the ability to plan
for resilience.
(F) Relocation of villages or other communities
experiencing or susceptible to coastal or river erosion.
(G) Construction of infrastructure to support emergency
evacuations.
(H) Restoration or repair of infrastructure damaged by
melting permafrost or coastal or river erosion.

[[Page S706]]

(I) Installation and management of energy systems that
reduce energy costs and greenhouse gas emissions compared to
the energy systems in use before that installation and
management.
(J) Construction and maintenance of social or cultural
infrastructure that the Secretary determines supports
resilience.
(5) Applications.--An Indian tribe desiring an adaptation
grant under paragraph (3) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a
description of the eligible activities to be undertaken using
the grant.
(6) Capital projects.--Of amounts made available to carry
out this program, not less than 90 percent shall be used for
the engineering, design, and construction or implementation
of capital projects.
(7) Interagency cooperation.--The Secretary and the
Administrator of the Environmental Protection Agency shall
establish under the White House Council on Native American
Affairs an interagency subgroup on tribal resilience--
(A) to work with Indian tribes to collect and share data
and information, including traditional ecological knowledge,
about how the effects of a changing climate are relevant to
Indian tribes and Alaska Natives; and
(B) to identify opportunities for the Federal Government to
improve collaboration and assist with adaptation and
mitigation efforts that promote resilience.
(8) Tribal resilience liaison.--The Secretary shall
establish a tribal resilience liaison--
(A) to coordinate with Indian tribes and relevant Federal
agencies; and
(B) to help ensure tribal engagement in climate
conversations at the Federal level.
(e) Tribal Resilience Fund.--
(1) Establishment.--There is established in the Treasury a
fund, to be known as the ``Tribal Resilience Fund'' (referred
to in this subsection as the ``Fund'').
(2) Deposits.--The Fund shall consist of the following:
(A) Amounts made available through an appropriation Act for
deposit in the Fund.
(B) Amounts deposited into the Fund under subsection
(b)(2)(A) of section 9 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1338) (as added by subsection (b)(2)).
(3) Authorization of appropriations.--
(A) In general.--In addition to the amounts estimated by
the Secretary to be deposited in the Fund under paragraph
(2), there are authorized to be appropriated annually to the
Fund out of any money in the Treasury not otherwise
appropriated such amounts as are necessary to make the income
of the Fund not more than $200,000,000 for fiscal year 2027
and each fiscal year thereafter.
(B) Availability of deposits.--
(i) In general.--Amounts deposited in the Fund under this
paragraph shall remain available until expended, without
fiscal year limitation.
(ii) Use.--Amounts deposited in the Fund under this
paragraph and made available for obligation or expenditure
from the Fund may be obligated or expended only to carry out
the Tribal Resilience Program under subsection (d).
(f) Effect.--Nothing in this section or an amendment made
by this section opens for leasing any area on the outer
Continental Shelf that is subject to a moratorium under
section 104 of the Gulf of Mexico Energy Security Act of 2006
(43 U.S.C. 1331 note; Public Law 109-432).
______