§ 1356a. — Coastal impact assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1356a]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1356a. Coastal impact assistance
(a) In general
Nothing in this section shall be construed as a permanent
authorization.
(b) Definitions
When used in this section:
(1) The term ``coastal political subdivision'' means a county,
parish, or any equivalent subdivision of a Producing Coastal State
all or part of which subdivision lies within the coastal zone (as
defined in section 304(1) of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453(1)).
(2) The term ``coastal population'' means the population of all
political subdivisions, as determined by the most recent official
data of the Census Bureau, contained in whole or in part within the
designated coastal boundary of a State as defined in a State's
coastal zone management program under the Coastal Zone Management
Act \1\ (16 U.S.C. 1451 et seq.).
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\1\ See References in Text note below.
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(3) The term ``Coastal State'' has the same meaning as provided
by subsection 304(4) of the Coastal Zone Management Act \1\ (16
U.S.C. 1453(4)).
(4) The term ``coastline'' has the same meaning as the term
``coast line'' as defined in subsection \2\ 1301(c) of this title.
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\2\ So in original. Probably should be ``section''.
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(5) The term ``distance'' means minimum great circle distance,
measured in statute miles.
(6) The term ``leased tract'' means a tract maintained under
section 1335 of this title or leased under section 1337 of this
title for the purpose of drilling for, developing, and producing oil
and natural gas resources.
(7) The term ``Producing Coastal State'' means a Coastal State
with a coastal seaward boundary within 200 miles from the geographic
center of a leased tract other than a leased tract within any area
of the Outer Continental Shelf where a moratorium on new leasing was
in effect as of January 1, 2000, unless the lease was issued prior
to the establishment of the moratorium and was in production on
January 1, 2000.
(8) 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 lying seaward of the zone defined
and governed by section 1337(g) of this title, or lying within such
zone but to which section 1337(g) of this title does not apply, the
geographic center of which lies within a distance of 200 miles from
any part of the coastline of any Coastal State, including bonus
bids, rents, royalties (including payments for royalties taken in
kind and sold), net profit share payments, and related late payment
interest. Such term does not include any revenues from a leased
tract or portion of a leased tract that is included within any area
of the Outer Continental Shelf where a moratorium on new leasing was
in effect as of January 1, 2000, unless the lease was issued prior
to the establishment of the moratorium and was in production on
January 1, 2000.
(9) The term ``Secretary'' means the Secretary of Commerce.
(c) Authorization
For fiscal year 2001, $150,000,000 is authorized to be appropriated
for the purposes of this section.
(d) Impact assistance payments to States and political subdivisions
The Secretary shall make payments from the amounts available under
this section to Producing Coastal States with an approved Coastal Impact
Assistance Plan, and to coastal political subdivisions as follows:
(1) Allocations to Producing Coastal States
In each fiscal year, each Producing Coastal State's allocable
share shall be equal to the sum of the following:
(A) 60 percent of the amounts appropriated shall be equally
divided among all Producing Coastal States;
(B) 40 percent of the amounts appropriated for the purposes
of this section shall be divided among Producing Coastal States
based on Outer Continental Shelf production, except that of such
amounts no Producing Coastal State may receive more than 25
percent in any fiscal year.
(2) Calculation
The amount for each Producing Coastal State under paragraph
(1)(B) shall be calculated based on the ratio of qualified OCS
revenues generated off the coastline of the Producing Coastal State
to the qualified OCS revenues generated off the coastlines of all
Producing Coastal States for the period beginning on January 1, 1995
and ending on December 31, 2000. Where there is more than one
Producing Coastal State within 200 miles of a leased tract, the
amount of each Producing Coastal State's payment under paragraph
(1)(B) for such leased tract shall be inversely proportional to the
distance between the nearest point on the coastline of such State
and the geographic center of each leased tract or portion of the
leased tract (to the nearest whole mile) that is within 200 miles of
that coastline, as determined by the Secretary. A leased tract or
portion of a leased tract shall be excluded if the tract or portion
is located in a geographic area where a moratorium on new leasing
was in effect on January 1, 2000, unless the lease was issued prior
to the establishment of the moratorium and was in production on
January 1, 2000.
(3) Payments to coastal political subdivisions
Thirty-five percent of each Producing Coastal State's allocable
share as determined under paragraph (1) shall be paid directly to
the coastal political subdivisions by the Secretary based on the
following formula, except that a coastal political subdivision in
the State of California that has a coastal shoreline, that is not
within 200 miles of the geographic center of a leased tract or
portion of a leased tract, and in which there is located one or more
oil refineries shall be eligible for that portion of the allocation
described in paragraph (C) in the same manner as if that political
subdivision were located within a distance of 50 miles from the
geographic center of the closest leased tract with qualified Outer
Continental Shelf revenues:
(A) Twenty-five percent shall be allocated based on the
ratio of such coastal political subdivision's coastal population
to the coastal population of all coastal political subdivisions
in the Producing Coastal State.
(B) Twenty-five percent shall be allocated based on the
ratio of such coastal political subdivision's coastline miles to
the coastline miles of all coastal political subdivisions in the
Producing Coastal State.
(C) Fifty percent shall be allocated based on the relative
distance of such coastal political subdivision from any leased
tract used to calculate that Producing Coastal State's
allocation using ratios that are inversely proportional to the
distance between the point in the coastal political subdivision
closest to the geographic center of each leased tract or
portion, as determined by the Secretary. For purposes of the
calculations under this subparagraph, a leased tract or portion
of a leased tract shall be excluded if the leased tract or
portion is located in a geographic area where a moratorium on
new leasing was in effect on January 1, 2000, unless the lease
was issued prior to the establishment of the moratorium and was
in production on January 1, 2000.
(4) Failure to have plan approved
Any amount allocated to a Producing Coastal State or coastal
political subdivision but not disbursed because of a failure to have
an approved Coastal Impact Assistance Plan under this section shall
be allocated equally by the Secretary among all other Producing
Coastal States in a manner consistent with this subsection except
that the Secretary shall hold in escrow such amount until the final
resolution of any appeal regarding the disapproval of a plan
submitted under this section. The Secretary may waive the provisions
of this paragraph and hold a Producing Coastal State's allocable
share in escrow if the Secretary determines that such State is
making a good faith effort to develop and submit, or update, a
Coastal Impact Assistance Plan.
(e) Coastal Impact Assistance Plan
(1) Development and submission of State plans
The Governor of each Producing Coastal State shall prepare, and
submit to the Secretary, a Coastal Impact Assistance Plan. The
Governor shall solicit local input and shall provide for public
participation in the development of the plan. The plan shall be
submitted to the Secretary by July 1, 2001. Amounts received by
Producing Coastal States and coastal political subdivisions may be
used only for the purposes specified in the Producing Coastal
State's Coastal Impact Assistance Plan.
(2) Approval
The Secretary shall approve a plan under paragraph (1) prior to
disbursement of amounts under this section. The Secretary shall
approve the plan if the Secretary determines that the plan is
consistent with the uses set forth in subsection (f) of this section
and if the plan contains each of the following:
(A) The name of the State agency that will have the
authority to represent and act for the State in dealing with the
Secretary for purposes of this section.
(B) A program for the implementation of the plan which
describes how the amounts provided under this section will be
used.
(C) A contact for each political subdivision and description
of how coastal political subdivisions will use amounts provided
under this section, including a certification by the Governor
that such uses are consistent with the requirements of this
section.
(D) Certification by the Governor that ample opportunity has
been accorded for public participation in the development and
revision of the plan.
(E) Measures for taking into account other relevant Federal
resources and programs.
(3) Procedure
The Secretary shall approve or disapprove each plan or amendment
within 90 days of its submission.
(4) Amendment
Any amendment to the plan shall be prepared in accordance with
the requirements of this subsection and shall be submitted to the
Secretary for approval or disapproval.
(f) Authorized uses
Producing Coastal States and coastal political subdivisions shall
use amounts provided under this section, including any such amounts
deposited in a State or coastal political subdivision administered trust
fund dedicated to uses consistent with this subsection, in compliance
with Federal and State law and only for one or more of the following
purposes:
(1) uses set forth in new section 32(c)(4) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) proposed by the
amendment to H.R. 701 of the 106th Congress as reported by the
Senate Committee on Energy and Natural Resources;
(2) projects and activities for the conservation, protection or
restoration of wetlands;
(3) mitigating damage to fish, wildlife or natural resources,
including such activities authorized under subtitle B of title IV of
the Oil Pollution Act of 1990 (33 U.S.C. 1321(c), (d));
(4) planning assistance and administrative costs of complying
with the provisions of this section;
(5) implementation of Federally approved marine, coastal, or
comprehensive conservation management plans; and
(6) mitigating impacts of Outer Continental Shelf activities
through funding of (A) onshore infrastructure projects and (B) other
public service needs intended to mitigate the environmental effects
of Outer Continental Shelf activities: Provided, That funds made
available under this paragraph shall not exceed 23 percent of the
funds provided under this section.
(g) Compliance with authorized uses
If the Secretary determines that any expenditure made by a Producing
Coastal State or coastal political subdivision is not consistent with
the uses authorized in subsection (f) of this section, the Secretary
shall not disburse any further amounts under this section to that
Producing Coastal State or coastal political subdivision until the
amounts used for the inconsistent expenditure have been repaid or
obligated for authorized uses.
(Aug. 7, 1953, ch. 345, Sec. 31, as added Pub. L. 106-553, Sec. 1(a)(2)
[title IX, Sec. 903], Dec. 21, 2000, 114 Stat. 2762, 2762A-124.)
References in Text
The Coastal Zone Management Act, referred to in subsec. (b)(2),
probably means the Coastal Zone Management Act of 1972, 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 (Sec. 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.
New section 32(c)(4) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) proposed by the amendment to H.R. 701 of the 106th
Congress as reported by the Senate Committee on Energy and Natural
Resources, referred to in subsec. (f)(1), which would have set forth
purposes for which Coastal States would be authorized to use funds, was
not enacted into law during the 106th Congress.
Oil Pollution Act of 1990, referred to in subsec. (f)(3), is Pub. L.
101-380, Aug. 18, 1990, 104 Stat. 484, as amended. Subtitle B
[Secs. 4201-4204] of title IV of the Act amended section 1321 of Title
33, Navigation and Navigable Waters, and section 12106 of Title 46,
Shipping, and enacted provisions set out as notes under section 92 of
Title 14, Coast Guard, and section 1321 of Title 33. For complete
classification of this Act to the Code, see Short Title note set out
under section 2701 of Title 33 and Tables.
