S.Amdt. 1625

SA 1625. Mr. WHITEHOUSE (for himself, Mr. Schatz, Mr. Reed, Mr.
Coons, Mrs. Shaheen, Mr. Kaine, Ms. Hirono, Mr. Booker, Mr. Cassidy,
Mrs. Feinstein, Mr. Cardin, Ms. Stabenow, Ms. Hassan, Mr. Heinrich, and
Mr. Wyden) submitted an amendment intended to be proposed to amendment
SA 1617 proposed by Mr. Gardner (for himself, Mr. Manchin, Mr. Daines,
Mr. Warner, Mr. Portman, Ms. Cantwell, Mr. Alexander, Mr. King, Mr.
Burr, Mr. Tester, Ms. Collins, Mr. Udall, Mr. Boozman, Mr. Schumer, Mr.
Blunt, Ms. Harris, Mrs. Capito, Mr. Peters, Mr. Tillis, Ms. Baldwin,
Ms. McSally, Mr. Casey, Mr. Graham, Mr. Heinrich, Mr. Bennet, Mrs.
Feinstein, Mr. Sanders, Mr. Booker, Ms. Cortez Masto, Mr. Merkley, Mr.
Wyden, Mr. Kaine, Ms. Sinema, Ms. Rosen, Mr. Coons, Ms. Smith, Ms.
Hassan, Mrs. Gillibrand, Mrs. Murray, Mr. Durbin, Mrs. Shaheen, Mr.
Blumenthal, Mr. Jones, Mr. Van Hollen, Mr. Menendez, Mr. Cardin, Mr.
Brown, Ms. Hirono, Ms. Warren, Mr. Murphy, Ms. Klobuchar, Ms.
Duckworth, Ms. Stabenow, Mr. Leahy, Mr. McConnell, Mr. Markey, Mr.
Roberts, Mr. Perdue, Mr. Cramer, and Mr. Schatz) 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 appropriate place, insert the following:

SEC. _. NATIONAL OCEANS AND COASTAL SECURITY FUND; PARITY IN
OFFSHORE WIND REVENUE SHARING.

(a) Definitions in the National Oceans and Coastal Security
Act.--Section 902 of the National Oceans and Coastal Security
Act (16 U.S.C. 7501) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Indian tribe.--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).''; and
(2) in paragraph (7), by striking ``has the meaning given
that term pursuant to'' and inserting ``means a `tidal
shoreline' or a `Great Lake shoreline', as those terms are
used in''.
(b) National Oceans and Coastal Security Fund.--Section 904
of the National Oceans and Coastal Security Act (16 U.S.C.
7503) is amended--
(1) in subsection (a), by inserting ``and jointly manage''
after ``establish'';
(2) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) In general.--The Fund shall consist of such amounts
as--
``(A) are deposited in the Fund under subparagraph
(C)(ii)(I)(bb) of section 8(p)(2) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)(2)); or
``(B) are appropriated or otherwise made available for the
Fund.'';
(3) by striking subsection (d) and inserting the following:
``(d) Expenditure.--
``(1) In general.--Of the amounts deposited into, and
amounts appropriated or otherwise made available for, the
Fund for each fiscal year--
``(A) not more than 75 percent may be used for the award of
grants under section 906(b);
``(B) not more than 20 percent may be used for the award of
grants under section 906(c); and
``(C) not more than 5 percent may be used by the
Administrator and the Foundation for administrative expenses
to carry out this title.
``(2) Limitation.--If less than $50,000,000 is deposited
into, or appropriated or otherwise made available for, the
Fund for a fiscal year, in that fiscal year--
``(A) amounts in the Fund shall be used for the award of
grants only under section 906(c); and
``(B) not more than 5 percent may be used by the
Administrator and the Foundation for administrative expenses
to carry out this title.
``(3) Division of amounts for administrative expenses.--The
amounts referred to in paragraphs (1)(C) and (2)(B) shall be
divided between the Administrator and the Foundation pursuant
to an agreement reached and documented by both the
Administrator and the Foundation.''; and
(4) in subsection (e)(2), by striking ``section 906(a)(1)''
and inserting ``section 906(a)''.
(c) Eligible Uses of Amounts in the National Oceans and
Coastal Security Fund.--Section 905 of the National Oceans
and Coastal Security Act (16 U.S.C. 7504) is amended to read
as follows:

``SEC. 905. ELIGIBLE USES.

``(a) In General.--Amounts in the Fund may be allocated by
the Administrator and the Foundation to support programs and
activities 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 for
the purposes described in subsection (b).
``(b) Purposes Described.--The purposes described in this
subsection are the following:
``(1) Ocean, coastal, and Great Lakes restoration and
protection, including efforts to address potential impacts to
natural resources, communities, and coastal economies of sea
level change, sedimentation, erosion, changes in ocean
chemistry, hurricanes and other extreme coastal storms,
flooding, and changes in ocean temperature.
``(2) Restoration, protection, or maintenance of ocean,
coastal, and Great Lakes resources and marine habitats.
``(3) Projects to address management, planning, or
resiliency and readiness at a regional scope, such as through
regional ocean partnerships or similar bodies, including
sustainable coastal development.
``(4) Scientific research that contributes to the
understanding and mitigation of ecological, economic,
societal, and national security threats driven by sea level
change, sedimentation, erosion, changes in ocean chemistry,
hurricanes and other extreme weather that result in
declarations of major disasters pursuant to section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), flooding, and changes in
ocean temperature, including specific attention to how those
conditions impact commercial and recreational fishing
businesses, aquaculture, boat building, ports, or other
coastal-related businesses.
``(5) Efforts to assist coastal States in strengthening,
stabilizing, elevating, modifying, repositioning, or
otherwise enhancing the resiliency of onshore infrastructure,
including public infrastructure, affected by coastal land
loss or erosion, hurricanes or

[[Page S2888]]

other extreme coastal storms, or flooding from sea level
change.
``(6) The collection, compilation, and sharing of data that
supports and includes regular stakeholder engagement to
minimize actual or potential conflicts among ocean users.
``(c) Prohibition on Use of Funds for Litigation or Other
Purposes.--No 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.''.
(d) Grants Under the National Oceans and Coastal Security
Act.--Section 906 of the National Oceans and Coastal Security
Act (16 U.S.C. 7505) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2);
(B) by striking ``(a) Administration of Grants.--'' and all
that follows through ``the following:'' and inserting the
following:
``(a) Administration of Grants.--Not later than 90 days
after funds are deposited into the Fund and made available to
the Administrator and the Foundation for administrative
purposes, the Administrator and the Foundation shall
establish the following:'';
(C) in subparagraph (A), by striking ``such subsections''
and inserting ``this section'';
(D) by striking subparagraph (B) and inserting 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.'';
(E) in subparagraph (C), by striking clause (ii) and
inserting the following:
``(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.'';
(F) in subparagraph (D), by striking ``Performance
accountability and monitoring'' and inserting ``Performance,
accountability, and monitoring''; and
(G) by redesignating subparagraphs (A) through (H) as
paragraphs (1) through (8), respectively, and moving such
paragraphs, as so redesignated, 2 ems to the left;
(2) by striking subsection (b) and inserting the following:
``(b) Grants to Coastal States.--
``(1) In general.--The Administrator shall award grants to
coastal States as follows:
``(A) 50 percent of available amounts shall be allocated
equally among coastal States.
``(B) 25 percent of available amounts shall be allocated on
the basis of the ratio of tidal shoreline miles in a coastal
State to the tidal shoreline miles of all coastal States.
``(C) 25 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 states.--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.
``(3) Requirement to submit plans.--
``(A) In general.--To be eligible to receive a grant under
this subsection, a coastal State shall submit to the
Administrator for review and approval a 5-year plan, which
shall include the following:
``(i) Criteria to determine eligibility for entities that
may receive funding under this subsection.
``(ii) A description of the process the coastal State will
use in allocating amounts received under this subsection,
which shall include--

``(I) a description of the relative roles in the State
process of--

``(aa) the State coastal zone management program approved
under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.), if the coastal State has such a program; and
``(bb) any sea grant program (as defined in section 203 of
the National Sea Grant College Program Act (33 U.S.C. 1122)),
if the coastal State has such a program; and

``(II) a demonstration the process is consistent with the
procedures established by the Administrator and the
Foundation under subsection (a).

``(iii) A process to certify that a project or program
carried out using amounts received under this subsection, and
the awarding of a contract for the expenditure of such
amounts, are consistent with the standard procurement rules
and regulations governing a comparable project or program in
the coastal State, including all applicable competitive
bidding and audit requirements.
``(iv) Procedures to make publicly available on the
internet a list of all projects and programs receiving
amounts under this subsection that includes, at a minimum--

``(I) an identification of each entity receiving amounts
under this subsection;
``(II) the amount of funds received by each such entity;
``(III) a description of each such project and program; and
``(IV) a statement of the status of each such project and
program.

``(B) Updates.--As a condition of receiving a grant under
this subsection, a coastal State shall submit to the
Administrator, not less frequently than once every 5 years,
an update to the plan submitted by the coastal State under
subparagraph (A) for the 5-year period immediately following
the most recent submittal under this paragraph.
``(C) Inaugural year.--In the first year after the date of
the enactment of the Great American Outdoors Act in which the
Administrator awards grants under this subsection--
``(i) a plan approved under this paragraph shall not be
required; and
``(ii) a coastal State may use amounts received under this
subsection to develop a plan under this paragraph to receive
funding in future years.
``(4) Opportunity for public comment.--In determining
whether to approve a plan or an update to a plan under
paragraph (3), the Administrator shall provide the
opportunity for, and take into consideration, public input
and comment on the plan.
``(5) Nonparticipation by a state.--In any year, if a
coastal State does not submit a plan as required by paragraph
(3) or declines amounts distributed under this subsection,
the amounts that would have been allocated to the coastal
State shall be redistributed equally among the remaining
coastal States.''; and
(3) in subsection (c)--
(A) in paragraph (2)(B)--
(i) in clause (ii), by striking ``; and'' and inserting a
semicolon;
(ii) by redesignating clause (iii) as clause (iv); and
(iii) by inserting after clause (ii) the following:
``(iii) nongovernmental organizations; and''; and
(B) by adding at the end the following:
``(3) Matching requirement.--As a condition of receiving a
grant under this subsection, the entity seeking to receive
the grant shall demonstrate that funds are available from
non-Federal sources to match the amount of the grant.
``(4) Exclusion of funds from limitation.--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).''.
(e) Annual Report on Operation of the National Oceans and
Coastal Security Fund.--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''.
(f) Repeal of Authorization of Appropriations for Fiscal
Years 2017, 2018, and 2019.--Section 908 of the National
Oceans and Coastal Security Act (16 U.S.C. 7507) is repealed.
(g) Extension of Constitution, Laws, and Jurisdiction of
the United States to Energy Facilities and Devices on the
Outer Continental Shelf.--Section 4(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) is
amended--
(1) by inserting ``or producing or supporting the
production of energy from sources other than oil and gas''
before ``, or any such installation'';
(2) by inserting ``or transmitting energy'' after
``transporting such resources''; and
(3) in the proviso, by inserting ``and other energy'' after
``That mineral''.
(h) Parity in Offshore Wind Revenue Sharing.--Section
8(p)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(p)(2)) is amended--
(1) in subparagraph (A), by striking ``(A) The Secretary''
and inserting the following:
``(A) In general.--Subject to subparagraphs (B) and (C),
the Secretary'';
(2) in subparagraph (B), by striking ``(B) The Secretary''
and inserting the following:
``(B) Disposition of revenues for projects located within 3
nautical miles seaward of state submerged land.--The
Secretary''; and
(3) by adding at the end the following:
``(C) Disposition of revenues for offshore wind projects in
certain areas.--
``(i) Definitions.--In this subparagraph:

``(I) Covered offshore wind project.--The term `covered
offshore wind project' means a wind-powered electric
generation project in a wind energy area on the outer
Continental Shelf that is not wholly or partially located
within an area subject to subparagraph (B).
``(II) Eligible state.--The term `eligible State' means a
State a point on the coastline of which is located within 75
miles of the geographic center of the covered offshore wind
project.

``(ii) Requirement.--

``(I) In general.--Of the operating fees, rentals, bonuses,
royalties, and other payments that are paid to the Secretary
under subparagraph (A) from covered offshore wind projects--

``(aa) 50 percent shall be deposited in the Treasury and
credited to miscellaneous receipts;
``(bb) 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
``(cc) 37.5 percent shall be deposited in a special account
in the Treasury, from which the Secretary, subject to
subclause (II), shall disburse to each eligible State an
amount

[[Page S2889]]

(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 Great American Outdoors Act) 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.

``(II) Minimum allocation.--The amount allocated to an
eligible State each fiscal year under item (cc) of subclause
(I) shall be at least 10 percent of the amounts available
under that item.

``(iii) Timing.--The amounts required to be deposited under
item (cc) of clause (ii)(I) 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 general.--Subject to subclause (II), each State
shall use all amounts received under clause (ii)(I)(cc) 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.
``(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.
``(ee) Planning assistance and the administrative costs of
complying with this section.

``(II) Limitation.--Of the amounts received by a State
under clause (ii)(I)(cc), not more than 3 percent shall be
used for the purposes described in subclause (I)(ee).

``(v) Administration.--Subject to clause (vi)(III), amounts
made available under clause (ii)(I) 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.--

``(I) In general.--Not later than 180 days after the end of
each fiscal year, the Governor of each eligible State that
receives amounts under clause (ii)(I)(cc) 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 availability.--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.
``(III) Limitation.--If the Governor of an eligible State
that receives amounts under clause (ii)(I)(cc) 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)(I)(cc) for the
succeeding fiscal year 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)).''.

(i) Exemption of Certain Payments From Sequestration.--
(1) In general.--Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after ``Payments to
Social Security Trust Funds (28-0404-0-1-651).'' the
following:
``Payments to States pursuant to subparagraph
(C)(ii)(I)(cc) of section 8(p)(2) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)(2)).''.
(2) Applicability.--The amendment made by this section
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
______