2003 US Code
Title 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS
Sec. 1356a - Coastal impact assistance

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§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.).

(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.

(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, 0,000,000 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, §31, as added Pub. L. 106–553, §1(a)(2) [title IX, §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 (§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 [§§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.