43 U.S. Code § 1356a - Coastal impact assistance program
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In this section:
(1) Coastal political subdivision
The term “coastal political subdivision” means a political subdivision of a coastal State any part of which political subdivision is—
(A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the coastal State as of August 8, 2005; and
(2) Coastal population
The term “coastal population” means the population, as determined by the most recent official data of the Census Bureau, of each political subdivision any part of which lies within the designated coastal boundary of a State (as defined in a State’s coastal zone management program under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)).
(3) Coastal State
The term “coastline” has the meaning given the term “coast line” in section 1301 of this title.
The term “distance” means the minimum great circle distance, measured in statute miles.
(6) Leased tract
(7) Leasing moratoria
The term “leasing moratoria” means the prohibitions on preleasing, leasing, and related activities on any geographic area of the outer Continental Shelf as contained in sections 107 through 109 of division E of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3063).
(8) Political subdivision
The term “political subdivision” means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs.
(9) Producing State
(A) In general
The term “producing State” means a coastal State that has a coastal seaward boundary within 200 nautical miles of the geographic center of a leased tract within any area of the outer Continental Shelf.
(10) Qualified Outer Continental Shelf revenues
(A) In general
The term “qualified Outer Continental Shelf revenues” means all amounts received by the United States from each leased tract or portion of a leased tract—
The term “qualified Outer Continental Shelf revenues” includes bonus bids, rents, royalties (including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil leases issued under this subchapter.
(b) Payments to producing States and coastal political subdivisions
(1) In general
The Secretary shall, without further appropriation, disburse to producing States and coastal political subdivisions in accordance with this section $250,000,000 for each of fiscal years 2007 through 2010.
In each fiscal year, the Secretary shall disburse to each producing State for which the Secretary has approved a plan under subsection (c) of this section, and to coastal political subdivisions under paragraph (4), such funds as are allocated to the producing State or coastal political subdivision, respectively, under this section for the fiscal year.
(3) Allocation among producing States
(A) In general
Except as provided in subparagraph (C) and subject to subparagraph (D), the amounts available under paragraph (1) shall be allocated to each producing State based on the ratio that—
(i) the amount of qualified outer Continental Shelf revenues generated off the coastline of the producing State; bears to
(B) Amount of outer Continental Shelf revenues
For purposes of subparagraph (A)—
(i) the amount of qualified outer Continental Shelf revenues for each of fiscal years 2007 and 2008 shall be determined using qualified outer Continental Shelf revenues received for fiscal year 2006; and
(C) Multiple producing States
In a case in which more than one producing State is located within 200 nautical miles of any portion of a leased tract, the amount allocated to each producing State for the leased tract shall be inversely proportional to the distance between—
(4) Payments to coastal political subdivisions
(A) In general
The Secretary shall pay 35 percent of the allocable share of each producing State, as determined under paragraph (3) to the coastal political subdivisions in the producing State.
Of the amount paid by the Secretary to coastal political subdivisions under subparagraph (A)—
(i) 25 percent shall be allocated to each coastal political subdivision in the proportion that—
(ii) 25 percent shall be allocated to each coastal political subdivision in the proportion that—
(C) Exception for the State of Louisiana
For the purposes of subparagraph (B)(ii), the coastline for coastal political subdivisions in the State of Louisiana without a coastline shall be considered to be 1/3 the average length of the coastline of all coastal political subdivisions with a coastline in the State of Louisiana.
(D) Exception for the State of Alaska
For the purposes of carrying out subparagraph (B)(iii) in the State of Alaska, the amounts allocated shall be divided equally among the two coastal political subdivisions that are closest to the geographic center of a leased tract.
(E) Exclusion of certain leased tracts
For purposes of subparagraph (B)(iii), a leased tract or portion of a leased tract shall be excluded if the tract or portion of a leased tract is located in a geographic area subject to a leasing moratorium on January 1, 2005, unless the lease was in production on that date.
(5) No approved plan
(A) In general
Subject to subparagraph (B) and except as provided in subparagraph (C), in a case in which any amount allocated to a producing State or coastal political subdivision under paragraph (4) or (5) is not disbursed because the producing State does not have in effect a plan that has been approved by the Secretary under subsection (c) of this section, the Secretary shall allocate the undisbursed amount equally among all other producing States.
(B) Retention of allocation
The Secretary shall hold in escrow an undisbursed amount described in subparagraph (A) until such date as the final appeal regarding the disapproval of a plan submitted under subsection (c) of this section is decided.
The Secretary may waive subparagraph (A) with respect to an allocated share of a producing State and hold the allocable share in escrow if the Secretary determines that the producing State is making a good faith effort to develop and submit, or update, a plan in accordance with subsection (c) of this section.
(c) Coastal impact assistance plan
(1) Submission of State plans
(A) In general
Not later than July 1, 2008, the Governor of a producing State shall submit to the Secretary a coastal impact assistance plan.
(A) In general
The Secretary shall approve a plan of a producing State submitted under paragraph (1) before disbursing any amount to the producing State, or to a coastal political subdivision located in the producing State, under this section.
The Secretary shall approve a plan submitted under paragraph (1) if—
(i) the Secretary determines that the plan is consistent with the uses described in subsection (d) of this section; and
(ii) the plan contains—
(I) the name of the State agency that will have the authority to represent and act on behalf of the producing State in dealing with the Secretary for purposes of this section;
(II) a program for the implementation of the plan that describes how the amounts provided under this section to the producing State will be used;
(III) for each coastal political subdivision that receives an amount under this section—
(IV) a certification by the Governor that ample opportunity has been provided for public participation in the development and revision of the plan; and
Any amendment to a plan submitted under paragraph (1) shall be—
(d) Authorized uses
(1) In general
A producing State or coastal political subdivision shall use all amounts received under this section, including any amount deposited in a trust fund that is administered by the State or coastal political subdivision and dedicated to uses consistent with this section, in accordance with all applicable Federal and State laws, only for one or more of the following purposes:
(A) Projects and activities for the conservation, protection, or restoration of coastal areas, including wetland.
(D) Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan.
(2) Compliance with authorized uses
If the Secretary determines that any expenditure made by a producing State or coastal political subdivision is not consistent with this subsection, the Secretary shall not disburse any additional amount under this section to the producing State or the coastal political subdivision until such time as all amounts obligated for unauthorized uses have been repaid or reobligated for authorized uses.
(e) Emergency funding
(1) In general
In response to a spill of national significance under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), at the request of a producing State or coastal political subdivision and notwithstanding the requirements of part 12 of title 43, Code of Federal Regulations (or a successor regulation), the Secretary may immediately disburse funds allocated under this section for 1 or more individual projects that are—
(2) Approval by Secretary
The Secretary may, in the sole discretion of the Secretary, approve, on a project by project basis, the immediate disbursal of the funds under paragraph (1).
(3) State requirements
(A) Additional information
If the Secretary approves a project for funding under this subsection that is included in a plan previously approved under subsection (c), not later than 90 days after the date of the funding approval, the producing State or coastal political subdivision shall submit to the Secretary any additional information that the Secretary determines to be necessary to ensure that the project is in compliance with subsection (d).
(B) Amendment to plan
If the Secretary approves a project for funding under this subsection that is not included in a plan previously approved under subsection (c), not later than 90 days after the date of the funding approval, the producing State or coastal political subdivision shall submit to the Secretary for approval an amendment to the plan that includes any projects funded under paragraph (1), as well as any information about such projects that the Secretary determines to be necessary to ensure that the project is in compliance with subsection (d).
If a producing State or coastal political subdivision does not submit the additional information or amendments to the plan required by this paragraph, or if, based on the information submitted by the Secretary determines that the project is not in compliance with subsection (d), by the deadlines specified in this paragraph, the Secretary shall not disburse any additional funds to the producing State or the coastal political subdivisions until the date on which the additional information or amendment to the plan has been approved by the Secretary.
Source(Aug. 7, 1953, ch. 345, § 31, as added Pub. L. 106–553, § 1(a)(2) [title IX, § 903], Dec. 21, 2000, 114 Stat. 2762, 2762A–124; amended Pub. L. 109–58, title III, § 384,Aug. 8, 2005, 119 Stat. 739; Pub. L. 111–212, title III, § 3013,July 29, 2010, 124 Stat. 2341.)
References in Text
The Coastal Zone Management Act of 1972, referred to in subsec. (a)(2), is title III of Pub. L. 89–454, as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables.
Sections 107 through 109 of division E of the Consolidated Appropriations Act, 2005, referred to in subsec. (a)(7), are sections 107 to 109 ofPub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3063, 3064, which are not classified to the Code.
The Oil Pollution Act of 1990, referred to in subsec. (e)(1), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, which is classified principally to chapter 40 (§ 2701 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 33 and Tables.
2010—Subsec. (e). Pub. L. 111–212added subsec. (e).
2005—Pub. L. 109–58amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) to (g) relating to construction of section, definitions, authorization of appropriations, payments to States and political subdivisions, coastal impact assistance plan by the Governor of each producing coastal State, authorized uses of amounts provided, and repayment of amounts inconsistent with authorized uses.