43 U.S.C. § 1356a — Coastal impact assistance program

Page 363 TITLE 43—PUBLIC LANDS § 1356a (1) which is used at any time after the one- year period beginning on the effective date of such regulations for activities pursuant to this subchapter and which is built or rebuilt at any time after such one-year period, when required to be documented by the laws of the United States, be documented under the laws of the United States; (2) which is used for activities pursuant to this subchapter, comply, except as provided in subsection (b), with such minimum standards of design, construction, alteration, and repair as the Secretary or the Secretary of the De- partment in which the Coast Guard is oper- ating establishes; and (3) which is used at any time after the one- year period beginning on the effective date of such regulations for activities pursuant to this subchapter, be manned or crewed, except as provided in subsection (c), by citizens of the United States or aliens lawfully admitted to the United States for permanent residence. (b) Exceptions from design, construction, alter- ation, and repair requirements The regulations issued under subsection (a)(2) of this section shall not apply to any vessel, rig, platform, or other vehicle or structure built prior to September 18, 1978, until such time after such date as such vehicle or structure is rebuilt. (c) Exceptions from manning requirements The regulations issued under subsection (a)(3) of this section shall not apply— (1) to any vessel, rig, platform, or other ve- hicle or structure if— (A) specific contractual provisions or na- tional registry manning requirements in ef- fect on September 18, 1978, provide to the contrary; (B) there are not a sufficient number of citizens of the United States, or aliens law- fully admitted to the United States for per- manent residence, qualified and available for such work; or (C) the President makes a specific finding, with respect to the particular vessel, rig, platform, or other vehicle or structure, that application would not be consistent with the national interest; and (2) to any vessel, rig, platform, or other ve- hicle or structure, over 50 percent of which is owned by citizens of a foreign nation or with respect to which the citizens of a foreign na- tion have the right effectively to control, ex- cept to the extent and to the degree that the President determines that the government of such foreign nation or any of its political sub- divisions has implemented, by statute, regula- tion, policy, or practice, a national manning requirement for equipment engaged in the ex- ploration, development, or production of oil and gas in its offshore areas. (Aug. 7, 1953, ch. 345, § 30, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 669.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1356a. Coastal impact assistance program (a) Definitions 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 (B) not more than 200 nautical miles from the geographic center of any leased tract. (2) Coastal population The term ‘‘coastal population’’ means the population, as determined by the most recent official data of the Census Bureau, of each po- litical subdivision any part of which lies with- in the designated coastal boundary of a State (as defined in a State’s coastal zone manage- ment program under the Coastal Zone Man- agement Act of 1972 (16 U.S.C. 1451 et seq.)). (3) Coastal State The term ‘‘coastal State’’ has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). (4) Coastline The term ‘‘coastline’’ has the meaning given the term ‘‘coast line’’ in section 1301 of this title. (5) Distance The term ‘‘distance’’ means the minimum great circle distance, measured in statute miles. (6) Leased tract The term ‘‘leased tract’’ means a tract that is subject to a lease under section 1335 or 1337 of this title for the purpose of drilling for, de- veloping, and producing oil or natural gas re- sources. (7) Leasing moratoria The term ‘‘leasing moratoria’’ means the prohibitions on preleasing, leasing, and re- lated activities on any geographic area of the outer Continental Shelf as contained in sec- tions 107 through 109 of division E of the Con- solidated 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 coun- ties, parishes, and boroughs. (9) Producing State (A) In general The term ‘‘producing State’’ means a coastal State that has a coastal seaward Page 364 TITLE 43—PUBLIC LANDS § 1356a boundary within 200 nautical miles of the ge- ographic center of a leased tract within any area of the outer Continental Shelf. (B) Exclusion The term ‘‘producing State’’ does not in- clude a producing State, a majority of the coastline of which is subject to leasing mor- atoria, unless production was occurring on January 1, 2005, from a lease within 10 nau- tical miles of the coastline of that State. (10) Qualified Outer Continental Shelf reve- nues (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— (i) lying— (I) seaward of the zone covered by sec- tion 1337(g) of this title; or (II) within that zone, but to which sec- tion 1337(g) of this title does not apply; and (ii) the geographic center of which lies within a distance of 200 nautical miles from any part of the coastline of any coastal State. (B) Inclusions The term ‘‘qualified Outer Continental Shelf revenues’’ includes bonus bids, rents, royalties (including payments for royalty taken in kind and sold), net profit share pay- ments, and related late-payment interest from natural gas and oil leases issued under this subchapter. (C) Exclusion The term ‘‘qualified Outer Continental Shelf revenues’’ does not include any reve- nues from a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium on January 1, 2005, unless the lease was in pro- duction on January 1, 2005. (b) Payments to producing States and coastal po- litical subdivisions (1) In general The Secretary shall, without further appro- priation, disburse to producing States and coastal political subdivisions in accordance with this section $250,000,000 for each of fiscal years 2007 through 2010. (2) Disbursement In each fiscal year, the Secretary shall dis- burse to each producing State for which the Secretary has approved a plan under sub- section (c), and to coastal political subdivi- sions under paragraph (4), such funds as are al- located to the producing State or coastal po- litical 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 Conti- nental Shelf revenues generated off the coastline of the producing State; bears to (ii) the amount of qualified outer Conti- nental Shelf revenues generated off the coastline of all producing States. (B) Amount of outer Continental Shelf reve- nues For purposes of subparagraph (A)— (i) the amount of qualified outer Conti- nental 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 (ii) the amount of qualified outer Conti- nental Shelf revenues for each of fiscal years 2009 and 2010 shall be determined using qualified outer Continental Shelf revenues received for fiscal year 2008. (C) Multiple producing States In a case in which more than one pro- ducing 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 pro- portional to the distance between— (i) the nearest point on the coastline of the producing State; and (ii) the geographic center of the leased tract. (D) Minimum allocation The amount allocated to a producing State under subparagraph (A) shall be at least 1 percent of the amounts available under para- graph (1). (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 coast- al political subdivisions in the producing State. (B) Formula Of the amount paid by the Secretary to coastal political subdivisions under subpara- graph (A)— (i) 25 percent shall be allocated to each coastal political subdivision in the propor- tion that— (I) the coastal population of the coast- al political subdivision; bears to (II) the coastal population of all coast- al political subdivisions in the producing State; (ii) 25 percent shall be allocated to each coastal political subdivision in the propor- tion that— (I) the number of miles of coastline of the coastal political subdivision; bears to (II) the number of miles of coastline of all coastal political subdivisions in the producing State; and (iii) 50 percent shall be allocated in amounts that are inversely proportional to Page 365 TITLE 43—PUBLIC LANDS § 1356a the respective distances between the points in each coastal political subdivision that are closest to the geographic center of each leased tract, as determined by the Secretary. (C) Exception for the State of Louisiana For the purposes of subparagraph (B)(ii), the coastline for coastal political subdivi- sions in the State of Louisiana without a coastline shall be considered to be 1⁄3 the av- erage 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 subpara- graph (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 Sec- retary under subsection (c), the Secretary shall allocate the undisbursed amount equal- ly among all other producing States. (B) Retention of allocation The Secretary shall hold in escrow an undisbursed amount described in subpara- graph (A) until such date as the final appeal regarding the disapproval of a plan sub- mitted under subsection (c) is decided. (C) Waiver 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). (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 Sec- retary a coastal impact assistance plan. (B) Public participation In carrying out subparagraph (A), the Gov- ernor shall solicit local input and provide for public participation in the development of the plan. (2) Approval (A) In general The Secretary shall approve a plan of a producing State submitted under paragraph (1) before disbursing any amount to the pro- ducing State, or to a coastal political sub- division located in the producing State, under this section. (B) Components The Secretary shall approve a plan sub- mitted under paragraph (1) if— (i) the Secretary determines that the plan is consistent with the uses described in subsection (d); 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 subdivi- sion that receives an amount under this section— (aa) the name of a contact person; and (bb) a description of how the coastal political subdivision will use amounts provided under this section; (IV) a certification by the Governor that ample opportunity has been pro- vided for public participation in the de- velopment and revision of the plan; and (V) a description of measures that will be taken to determine the availability of assistance from other relevant Federal resources and programs. (3) Amendment Any amendment to a plan submitted under paragraph (1) shall be— (A) developed in accordance with this sub- section; and (B) submitted to the Secretary for ap- proval or disapproval under paragraph (4). (4) Procedure Not later than 90 days after the date on which a plan or amendment to a plan is sub- mitted under paragraph (1) or (3), the Sec- retary shall approve or disapprove the plan or amendment. (d) Authorized uses (1) In general A producing State or coastal political sub- division 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 dedi- cated to uses consistent with this section, in accordance with all applicable Federal and State laws, only for one or more of the fol- lowing purposes: (A) Projects and activities for the con- servation, protection, or restoration of coastal areas, including wetland. Page 366 TITLE 43—PUBLIC LANDS § 1356b (B) Mitigation of damage to fish, wildlife, or natural resources. (C) Planning assistance and the adminis- trative costs of complying with this section. (D) Implementation of a federally-ap- proved marine, coastal, or comprehensive conservation management plan. (E) Mitigation of the impact of outer Con- tinental Shelf activities through funding of onshore infrastructure projects and public service needs. (2) Compliance with authorized uses If the Secretary determines that any ex- penditure made by a producing State or coast- al political subdivision is not consistent with this subsection, the Secretary shall not dis- burse any additional amount under this sec- tion to the producing State or the coastal po- litical subdivision until such time as all amounts obligated for unauthorized uses have been repaid or reobligated for authorized uses. (3) Limitation Not more than 23 percent of amounts re- ceived by a producing State or coastal polit- ical subdivision for any 1 fiscal year shall be used for the purposes described in subpara- graphs (C) and (E) of paragraph (1). (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 not- withstanding the requirements of part 12 of title 43, Code of Federal Regulations (or a suc- cessor regulation), the Secretary may imme- diately disburse funds allocated under this section for 1 or more individual projects that are— (A) consistent with subsection (d); and (B) specifically designed to respond to the spill of national significance. (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 in- cluded in a plan previously approved under subsection (c), not later than 90 days after the date of the funding approval, the pro- ducing 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 in- cluded in a plan previously approved under subsection (c), not later than 90 days after the date of the funding approval, the pro- ducing 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). (C) Limitation If a producing State or coastal political subdivision does not submit the additional information or amendments to the plan re- quired by this paragraph, or if, based on the information submitted by the Secretary de- termines that the project is not in compli- ance 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 ad- ditional information or amendment to the plan has been approved by the Secretary. (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.) Editorial Notes 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, 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 sec- tion 1451 of Title 16 and Tables. Sections 107 through 109 of division E of the Consoli- dated Appropriations Act, 2005, referred to in subsec. (a)(7), are sections 107 to 109 of Pub. 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. AMENDMENTS 2010—Subsec. (e). Pub. L. 111–212 added subsec. (e). 2005—Pub. L. 109–58 amended 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 as- sistance plan by the Governor of each producing coast- al State, authorized uses of amounts provided, and re- payment of amounts inconsistent with authorized uses. § 1356b. Transboundary hydrocarbon agreements (a) Authorization After December 26, 2013, the Secretary may implement the terms of any transboundary hy- drocarbon agreement for the management of transboundary hydrocarbon reservoirs entered into by the President and approved by Congress. In implementing such an agreement, the Sec- retary shall protect the interests of the United States to promote domestic job creation and en-