S.Amdt. 2415Senate118th Congress (2023-2025)
S.Amdt. 2415
Sponsored by
Sen. Lisa Murkowski (R-AK)
Submitted July 11, 2024
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Senate amendment submitted
July 11, 2024
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Submitted
SA 2415. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 4638, to authorize appropriations for fiscal year 2025 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal [[Page S4741]] year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title X, add the following: SEC. 10___. ALASKA OFFSHORE PARITY. (a) Definitions.--In this section: (1) Coastal political subdivision.--The term ``coastal political subdivision'' means-- (A) 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 (B) 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. (2) 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). (3) Qualified revenues.-- (A) 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. (B) 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. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Alaska. (b) Disposition of Qualified Revenues in Alaska.-- (1) In general.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of this section, for fiscal year 2024 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) 30 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) 12.5 percent of qualified revenues 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)). (2) Allocation among coastal political subdivisions.--Of the amount paid by the Secretary to coastal political subdivisions under paragraph (1)(C)-- (A) 90 percent shall be allocated among costal political subdivisions described in subsection (a)(1)(A) 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 subsection (a)(1)(B). (3) Timing.--The amounts required to be deposited under paragraph (1) for the applicable fiscal year shall be made available in accordance with that paragraph during the fiscal year immediately following the applicable fiscal year. (4) Authorized uses.-- (A) In general.--Subject to subparagraph (B), the State shall use all amounts received under paragraph (1)(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 section. (B) Limitation.--Not more than 3 percent of amounts received by the State under paragraph (1)(B) may be used for the purposes described in subparagraph (A)(viii). (5) Administration.--Amounts made available under subparagraphs (B) and (C) of paragraph (1) shall-- (A) be made available, without further appropriation, in accordance with this section; (B) remain available until expended; and (C) be in addition to any amounts appropriated under any other provision of law. (6) Reporting requirement for fiscal year 2025 and thereafter.-- (A) In general.--Beginning with fiscal year 2025, not later than 180 days after the end of each fiscal year in which the State receives amounts under paragraph (1)(B), the State shall submit to the Secretary a report that describes the use of the amounts by the State during the preceding fiscal year covered by the report. (B) Public availability.--On receipt of a report required under subparagraph (A), the Secretary shall make the report available to the public on the website of the Department of the Interior. (C) Limitation.--If the State fails to submit the report required under subparagraph (A) by the deadline specified in that subparagraph, any amounts that would otherwise be provided to the State under paragraph (1)(B) for the succeeding fiscal year shall be withheld for the succeeding fiscal year until the date on which the report is submitted. (D) Contents of report.--Each report required under subparagraph (A) shall include, for each project funded in whole or in part using amounts received under paragraph (1)(B)-- (i) the name and description of the project; (ii) the amount received under paragraph (1)(B) that is allocated to the project; and (iii) a description of how each project is consistent with the authorized uses under paragraph (4). (E) Clarification.--Nothing in this paragraph-- (i) requires or provides authority for the Secretary to delay, modify, or withhold payment under this paragraph, other than for failure to submit a report as required under this paragraph; (ii) requires or provides authority for the Secretary to review or approve uses of funds reported under this paragraph; (iii) requires or provides authority for the Secretary to approve individual projects that receive funds reported under this paragraph; (iv) requires the State to obtain the approval of, or review by, the Secretary prior to spending funds disbursed under paragraph (1)(B); (v) 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 paragraph; (vi) requires the State to obligate or expend funds disbursed under paragraph (1)(B) by a certain date; or (vii) requires or provides authority for the Secretary to request the State to return unobligated funds. ______