S.Amdt. 1597Senate116th Congress (2019-2021)
S.Amdt. 1597
Sponsored by
Sen. Bill Cassidy (R-LA)
Submitted June 8, 2020
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Senate amendment submitted
June 8, 2020
Text
Submitted
SA 1597. Mr. CASSIDY (for himself, Mr. Cornyn, Mr. Kennedy, Mr. Jones, Mr. Wicker, Mr. Sullivan, Mr. Shelby, and Ms. Murkowski) submitted an amendment intended to be proposed by him to the bill H.R. 1957, to amend the Internal Revenue Code of 1986 to modernize and improve the Internal Revenue Service, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: SEC. 4. OUTER CONTINENTAL SHELF REVENUES. (a) Gulf of Mexico Outer Continental Shelf Revenues.-- (1) Definition of qualified outer continental shelf revenues.--Section 102(9)(A) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109- 432) is amended-- (A) in clause (i)(II), by striking ``and'' after the semicolon; (B) in clause (ii)-- (i) in the matter preceding subclause (I), by striking ``fiscal year 2017 and each fiscal year thereafter'' and inserting ``each of fiscal years 2017 through 2020''; and (ii) in subclause (III), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(iii) in the case of fiscal year 2021 and each fiscal year thereafter, all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2020, from leases entered into on or after October 1, 2000, for-- ``(I) the 181 Area; ``(II) the 181 South Area; and ``(III) the 2002-2007 planning area.''. (2) Elimination of limitation on amount of distributed qualified outer continental shelf revenues.--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 striking subsection (f) and inserting the following: ``(f) Limitations on Amount of Distributed Qualified Outer Continental Shelf Revenues.-- ``(1) Limitations.-- ``(A) Fiscal years 2016 through 2020.--Subject to paragraph (2), the total amount of qualified outer Continental Shelf revenues made available under subsection (a)(2) shall not exceed-- ``(i) $500,000,000 for each of fiscal years 2016 through 2019; and ``(ii) $650,000,000 for fiscal year 2020. ``(B) Fiscal years 2021 through 2055.--Subject to paragraph (2), the total amount of qualified outer Continental Shelf revenues made available under subsection (a)(2)(B) shall not exceed $125,000,000 for each of fiscal years 2021 through 2055. ``(2) Expenditures.-- ``(A) Fiscal years 2016 through 2020.--For the purpose of paragraph (1)(A), for each of fiscal years 2016 through 2020, expenditures under subsection (a)(2) shall be net of receipts from that fiscal year from any area in the 181 Area in the Eastern Planning Area and the 181 South Area. ``(B) Fiscal years 2021 through 2055.--For the purpose of paragraph (1)(B), for each of fiscal years 2021 through 2055, expenditures under subsection (a)(2)(B) shall be net of receipts from that fiscal year from any area in the 181 Area in the Eastern Planning Area and the 181 South Area. ``(3) Pro rata reductions; reversion.-- ``(A) Fiscal years 2016 through 2020.--If paragraph (1)(A) limits the amount of qualified outer Continental Shelf revenues that would be paid under subparagraphs (A) and (B) of subsection (a)(2)-- ``(i) the Secretary shall reduce the amount of qualified outer Continental Shelf revenues provided to each recipient on a pro rata basis; and ``(ii) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury. ``(B) Fiscal years 2021 through 2055.--If paragraph (1)(B) limits the amount of qualified outer Continental Shelf revenues that would be paid under subsection (a)(2)(B), any remainder of the qualified outer Continental Shelf revenues 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)).''. (b) Alaska Outer Continental Shelf Revenues.-- (1) Definitions.--In this subsection: (A) Coastal political subdivision.--The term ``coastal political subdivision'' means-- (i) a county-equivalent subdivision of the State-- (I) all or part of which lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the State; and (II) 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; and (ii) a municipal subdivision of the State that is determined by the State to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers. (B) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (C) 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-- (I) revenues generated from leases subject to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)); or (II) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold. (D) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (E) State.--The term ``State'' means the State of Alaska. (2) Disposition of qualified revenues in alaska.-- Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of this subsection, for fiscal year 2021 and each fiscal year thereafter, the Secretary of the Treasury shall deposit-- (A) 50 percent of qualified revenues in the general fund of the Treasury; (B) 42.5 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to the State; and (C) 7.5 percent of qualified revenues in a special account in the Treasury, to be distributed by the Secretary to coastal political subdivisions. (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 among costal political subdivisions described in paragraph (1)(A)(i) 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 described in paragraph (1)(A)(ii). (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) Authorized uses.-- (A) In general.--Subject to subparagraph (B), the State shall use all amounts received under paragraph (2)(B) in accordance with all applicable Federal and State laws, for 1 or more of the following purposes: (i) Projects and activities for the purposes of coastal protection, conservation, and restoration, including onshore infrastructure and relocation of communities directly affected by coastal erosion, melting permafrost, or climate change-related losses. (ii) Mitigation of damage to fish, wildlife, or natural resources. (iii) Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects and related rights-of-way. (iv) Adaptation planning, vulnerability assessments, and emergency preparedness assistance to build healthy and resilient communities. (v) Installation and operation of energy systems to reduce energy costs and greenhouse gas emissions compared to systems in use as of the date of enactment of this Act. (vi) Programs at institutions of higher education in the State. (vii) Other purposes, as determined by the Governor of the State, with approval from the State legislature. (viii) Planning assistance and the administrative costs of complying with this subsection. (B) Limitation.--Not more than 3 percent of amounts received by the State under paragraph (2)(B) may be used for the purposes described in subparagraph (A)(viii). (6) Administration.--Amounts made available under subparagraphs (B) and (C) of 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. ______