Sec. 4. Parity in offshore wind revenue sharing
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Section 8(p)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(2) ) is amended— in subparagraph (A), by striking
(A)The Secretary and inserting the following: Subject to subparagraphs
(B)and (C), the Secretary ; in subparagraph (B), by striking
(B)The Secretary and inserting the following: The Secretary ; and by adding at the end the following: In this subparagraph: 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). 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. Of the operating fees, rentals, bonuses, royalties, and other payments that are paid to the Secretary under subparagraph
(A)from covered offshore wind projects— 50 percent shall be deposited in the Treasury and credited to miscellaneous receipts; 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 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 (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 OFFSHORE Act of 2020 ) that is 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. 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. 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. 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 one or more of the following purposes: Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses. Mitigation of damage to fish, wildlife, or natural resources. Implementation of a federally approved marine, coastal, or comprehensive conservation management plan. Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects. Planning assistance and the administrative costs of complying with this section. 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). Subject to clause (vi)(III), amounts made available under clause (ii)(I) shall— be made available, without further appropriation, in accordance with this paragraph; remain available until expended; and be in addition to any amount appropriated under any other Act. 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. 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. 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) ). .
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