43 USC 1356a - Coastal impact assistance program

U.S Code last checked for updates: May 17, 2024

§ 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

(3)

Coastal State

(4)

Coastline

(5)

Distance

(6)

Leased tract

(7)

Leasing moratoria

(8)

Political subdivision

(9)

Producing State

(A)

In general

(B)

Exclusion

(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—

(i)

lying—

(I)

seaward of the zone covered by section 1337(g) of this title; or

(II)

within that zone, but to which section 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

(C)

Exclusion

(b)

Payments to producing States and coastal political subdivisions

(1)

In general

(2)

Disbursement

(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

(ii)

the amount of qualified outer Continental Shelf revenues generated off the coastline of all producing States.

(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

(ii)

the amount of qualified outer Continental 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 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—

(i)

the nearest point on the coastline of the producing State; and

(ii)

the geographic center of the leased tract.

(D)

Minimum allocation

(4)

Payments to coastal political subdivisions

(A)

In general

(B)

Formula

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—

(I)

the coastal population of the coastal political subdivision; bears to

(II)

the coastal population of all coastal political subdivisions in the producing State;

(ii)

25 percent shall be allocated to each coastal political subdivision in the proportion 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 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

(D)

Exception for the State of Alaska

(E)

Exclusion of certain leased tracts

(5)

No approved plan

(A)

In general

(B)

Retention of allocation

(C)

Waiver

(c)

Coastal impact assistance plan

(1)

Submission of State plans

(A)

In general

(B)

Public participation

(2)

Approval

(A)

In general

(B)

Components

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); 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—

(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 provided for public participation in the development 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 subsection; and

(B)

submitted to the Secretary for approval or disapproval under paragraph (4).

(4)

Procedure

(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.

(B)

Mitigation of damage to fish, wildlife, or natural resources.

(C)

Planning assistance and the administrative costs of complying with this section.

(D)

Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan.

(E)

Mitigation of the impact of outer Continental Shelf activities through funding of onshore infrastructure projects and public service needs.

(2)

Compliance with authorized uses

(3)

Limitation

(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—

(A)

consistent with subsection (d); and

(B)

specifically designed to respond to the spill of national significance.

(2)

Approval by Secretary

(3)

State requirements

(A)

Additional information

(B)

Amendment to plan

(C)

Limitation

(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.)

cite as: 43 USC 1356a