§ 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—
(2)
Coastal population
The term “coastal population” means the population, as determined by the most recent official data of the Census Bureau, of each political subdivision any part of which lies within the designated coastal boundary of a State (as defined in a State’s coastal zone management program under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)).
(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.
(7)
Leasing moratoria
The term “leasing moratoria” means the prohibitions on preleasing, leasing, and related activities on any geographic area of the outer Continental Shelf as contained in sections 107 through 109 of division E of the Consolidated 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 counties, parishes, and boroughs.
(9)
Producing State
(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—
(b)
Payments to producing States and coastal political subdivisions
(1)
In general
The Secretary shall, without further appropriation, 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 disburse to each producing State for which the Secretary has approved a plan under subsection (c) of this section, and to coastal political subdivisions under paragraph (4), such funds as are allocated to the producing State or coastal political 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—
(B)
Amount of outer Continental Shelf revenues
For purposes of subparagraph (A)—
(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 coastal political subdivisions in the producing State.
(B)
Formula
Of the amount paid by the Secretary to coastal political subdivisions under subparagraph (A)—
(C)
Exception for the State of Louisiana
For the purposes of subparagraph (B)(ii), the coastline for coastal political subdivisions in the State of Louisiana without a coastline shall be considered to be 1/3 the average 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 subparagraph (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 Secretary under subsection (c) of this section, the Secretary shall allocate the undisbursed amount equally among all other producing States.
(B)
Retention of allocation
The Secretary shall hold in escrow an undisbursed amount described in subparagraph (A) until such date as the final appeal regarding the disapproval of a plan submitted under subsection (c) of this section 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) of this section.
(c)
Coastal impact assistance plan
(1)
Submission of State plans
(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 producing State, or to a coastal political subdivision located in the producing State, under this section.
(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) of this section; 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;
(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.
(2)
Compliance with authorized uses
If the Secretary determines that any expenditure made by a producing State or coastal political subdivision is not consistent with this subsection, the Secretary shall not disburse any additional amount under this section to the producing State or the coastal political subdivision until such time as all amounts obligated for unauthorized uses have been repaid or reobligated for authorized uses.