43 U.S.C. § 1356 — Documentary, registry and manning re-

Page 362 TITLE 43—PUBLIC LANDS § 1355 (b) Condition precedent to exportation; express finding by President of no increase in reli- ance on imported oil or gas Before any oil or gas subject to this section may be exported under the requirements and provisions of the Export Administration Act of 1969, the President shall make and publish an ex- press finding that such exports will not increase reliance on imported oil or gas, are in the na- tional interest, and are in accord with the provi- sions of the Export Administration Act of 1969. (c) Report of findings by President to Congress; joint resolution of disagreement with find- ings of President The President shall submit reports to the Con- gress containing findings made under this sec- tion, and after the date of receipt of such report Congress shall have a period of sixty calendar days, thirty days of which Congress must have been in session, to consider whether exports under the terms of this section are in the na- tional interest. If the Congress within such time period passes a concurrent resolution of dis- approval stating disagreement with the Presi- dent’s finding concerning the national interest, further exports made pursuant to such Presi- dential findings shall cease. (d) Exchange or temporary exportation of oil and gas for convenience or efficiency of transportation The provisions of this section shall not apply to any oil or gas which is either exchanged in similar quantity for convenience or increased ef- ficiency of transportation with persons or the government of a foreign state, or which is tem- porarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, or which is exchanged or exported pursu- ant to an existing international agreement. (Aug. 7, 1953, ch. 345, § 28, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 668.) Editorial Notes REFERENCES IN TEXT The Export Administration Act of 1969, referred to in subsecs. (a) and (b), is Pub. L. 91–184, Dec. 30, 1969, 83 Stat. 841, which was formerly classified to sections 2401 to 2413 of the former Appendix to Title 50, War and Na- tional Defense, and which terminated on Sept. 30, 1979, pursuant to the terms of that Act. See chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense. § 1355. Restrictions on employment of former of- ficers or employees of Department of the In- terior No full-time officer or employee of the Depart- ment of the Interior who directly or indirectly discharged duties or responsibilities under this subchapter, and who was at any time during the twelve months preceding the termination of his employment with the Department compensated under the Executive Schedule or compensated at or above the annual rate of basic pay for grade GS–16 of the General Schedule shall— (1) within two years after his employment with the Department has ceased— (A) knowingly act as agent or attorney for, or otherwise represent, any other person (ex- cept the United States) in any formal or in- formal appearance before; (B) with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to; or (C) knowingly aid or assist in representing any other person (except the United States) in any formal or informal appearance before, any department, agency, or court of the United States, or any officer or employee thereof, in connection with any judicial or other proceeding, application, request for a ruling or other determination, regulation, order, lease, permit, rulemaking, or other par- ticular matter involving a specific party or parties in which the United States is a party or has a direct and substantial interest which was actually pending under his official respon- sibility as an officer or employee within a pe- riod of one year prior to the termination of such responsibility or in which he participated personally and substantially as an officer or employee; or (2) within one year after his employment with the Department has ceased— (A) knowingly act as agent or attorney for, or otherwise represent, any other person (ex- cept the United States) in any formal or in- formal appearance before; or (B) with the intent to influence, make any oral or written communication on behalf of any other person (except the United States) to, the Department of the Interior, or any officer or employee thereof, in connection with any judicial, rulemaking, regulation, order, lease, permit, regulation, or other particular matter which is pending before the Department of the Interior or in which the Department has a di- rect and substantial interest. (Aug. 7, 1953, ch. 345, § 29, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 668.) Editorial Notes REFERENCES IN TEXT The Executive Schedule, referred to in text, is set out in section 5311 et seq. of Title 5, Government Organiza- tion and Employees. Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 1356. Documentary, registry and manning re- quirements (a) Regulations Within six months after September 18, 1978, the Secretary of the Department in which the Coast Guard is operating shall issue regulations which require that any vessel, rig, platform, or other vehicle or structure— 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