[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2716 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2716
To distribute revenue from offshore wind projects in the New York Bight
Area to certain coastal States, and promote conservation and workforce
development.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2023
Ms. Malliotakis introduced the following bill; which was referred to
the Committee on Natural Resources, and in addition to the Committee on
the Budget, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To distribute revenue from offshore wind projects in the New York Bight
Area to certain coastal States, and promote conservation and workforce
development.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Wind for Northeastern
Energy Revenue Act'' or the ``OWNER Act''.
SEC. 2. PARITY IN OFFSHORE WIND REVENUE SHARING WITHIN THE NEW YORK
BIGHT AREA.
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 from 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 from offshore wind
projects in certain areas.--
``(i) Deposits.--For each fiscal year, the
Secretary of the Treasury shall deposit--
``(I) 50 percent of qualified
revenue in the general fund of the
Treasury and credited to miscellaneous
receipts; and
``(II) 50 percent of qualified
revenue in a special account in the
Treasury to be allocated to eligible
States and coastal political
subdivisions in accordance with clause
(ii).
``(ii) Allocations.--
``(I) Eligible states.--
``(aa) In general.--Subject
to item (bb), for each fiscal
year the amount made available
under clause (i)(II) shall be
allocated to each eligible
State in amounts (based on a
formula established by the
Secretary by a regulation
issued not later than 180 days
after the date of enactment of
this subparagraph) that are
inversely proportional to the
respective distances between
the point on the coastline of
each eligible State that is
closest to the geographic
center of the applicable leased
tract and the geographic center
of the leased tract.
``(bb) Minimum
allocation.--The amount
allocated to an eligible State
each fiscal year under item
(aa) shall be at least 10
percent of the amounts made
available under clause (i)(II).
``(II) Coastal political
subdivisions.--
``(aa) In general.--For
each fiscal year, the Secretary
shall pay 25 percent of the
allocable share of each
eligible State, as determined
under subclause (I), to any
coastal political subdivisions
of the eligible State.
``(bb) Formula.--The amount
paid by the Secretary to a
coastal political subdivision
under item (aa) shall be
determined in accordance with
section 31(b)(4)(B).
``(iii) Timing.--The amounts required to be
deposited under clause (i)(II) for the
applicable fiscal year shall be made available
in accordance with clause (i)(II) during the
fiscal year immediately following the
applicable fiscal year.
``(iv) Authorized uses.--
``(I) In general.--Subject to
subclause (II), each eligible State and
coastal political subdivision shall, in
accordance with all applicable Federal
and State laws, use all amounts
received under clause (ii) for one or
more of the following purposes:
``(aa) Coastal protection,
including conservation, coastal
restoration, hurricane
protection, and infrastructure
directly affected by coastal
wetland losses.
``(bb) Workforce training,
including for employment in the
renewable energy sector and
related sectors.
``(cc) Infrastructure
development to support
renewable energy projects,
including the transmission of
renewable energy.
``(dd) Supporting science,
technology, engineering, and
mathematics education.
``(ee) Reducing carbon
dioxide emissions and improving
air quality.
``(ff) Mitigation of damage
to fish, wildlife, or natural
resources.
``(gg) Mitigation of the
impact of outer Continental
Shelf activities through the
funding of onshore
infrastructure projects.
``(hh) Planning assistance
and the administrative costs of
complying with this
subparagraph.
``(II) Limitation.--An eligible
State and coastal political subdivision
may not use more than 3 percent of the
amounts such eligible State or coastal
political subdivision receives for a
fiscal year under clause (ii) for the
purposes described in subclause
(I)(hh).
``(v) Administration.--Subject to clause
(vi)(III), amounts made available under clause
(i)(II) shall--
``(I) be made available, without
further appropriation, in accordance
with this subparagraph;
``(II) remain available until
expended; and
``(III) be in addition to any
amount appropriated under any other
provision of law.
``(vi) Reporting.--
``(I) In general.--Not later than
180 days after the end of each
applicable fiscal year, the Governor of
each eligible State that receives an
amount under clause (ii) for a fiscal
year shall submit to the Secretary a
report that describes the use of such
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 an amount under clause (ii)
for a fiscal year fails to submit the
report required under subclause (I) by
the deadline specified in that
subclause, any amount that would
otherwise be provided to the eligible
State under clause (ii) for the
succeeding fiscal year shall be
deposited in the general fund of the
Treasury and credited to miscellaneous
receipts.
``(vii) Definitions.--In this subparagraph:
``(I) Coastal political
subdivision.--The term `coastal
political subdivision' means a
political subdivision of an eligible
State any part of which political
subdivision is--
``(aa) within the coastal
zone (as defined in section 304
of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453))
of the eligible State as of the
date of enactment of this
subparagraph; and
``(bb) not more than 100
nautical miles from the
geographic center of any
covered offshore wind project.
``(II) 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 within the New York Bight Area
that is not wholly or partially located
within an area subject to subparagraph
(B), including--
``(aa) Hudson North OCS-A
0544;
``(bb) Central Bight OCS-A
0537; and
``(cc) Hudson South OCS-A
0538, OCS-A 0539, OCS-A 0541,
and OCS-A 0542.
``(III) Eligible state.--The term
`eligible State' means a State a point
on the coastline of which is located
within 75 nautical miles of the
geographic center of a covered offshore
wind project.
``(IV) New york bight area.--The
term `New York Bight Area' means the
area extending generally northeast from
Cape May in New Jersey to Montauk Point
on the eastern tip of Long Island, as
described by the Bureau of Ocean Energy
Management in the final environmental
assessment titled `Commercial and
Research Wind Lease and Grant Issuance
and Site Assessment Activities on the
Atlantic Outer Continental Shelf of the
New York Bight' (December 16, 2021;
BOEM 2021-073).
``(V) Qualified revenue.--The term
`qualified revenue' means all rentals,
royalties, bonus bids, and other sums
due and payable to the United States
from leases for covered offshore wind
projects.''.
SEC. 3. REVENUE SHARING FOR WIND LEASE SALES IN THE NEW YORK BIGHT AREA
IN FISCAL YEAR 2023.
(a) In General.--For any lease sales held in the New York Bight
Area before the date of enactment of this Act, including OCS-A 0544,
OCS-A 0537, OCS-A 0538, OCS-A 0539, OCS-A 0541, and OCS-A 0542, the
Secretary of the Interior shall disburse the revenue generated by the
bonus bids from such lease sales to eligible States pursuant to
subparagraph (C) of section 8(p)(2) of the Outer Continental Shelf
Lands Act, as added by this Act.
(b) Eligible State; New York Bight Area.--In this section, the
terms ``eligible State'' and ``New York Bight Area'' have the meanings
given such terms in subparagraph (C) of section 8(p)(2) of the Outer
Continental Shelf Lands Act, as added by this Act.
SEC. 4. EXEMPTION OF CERTAIN PAYMENTS FROM SEQUESTRATION.
(a) 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)
of section 8(p)(2) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(p)(2)(C)).''.
(b) Applicability.--The amendment made by 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.
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