| TITLE I--IMPACT
ASSISTANCE AND COASTAL CONSERVATION SEC. 101. IMPACT ASSISTANCE
FORMULA AND PAYMENTS.
(a) Impact Assistance
Payments to States.--
(1) Grant
program.--Amounts transferred to the Secretary of the
Interior from the Conservation and Reinvestment Act
Fund under section 5(b)(1) of this Act for purposes
of making payments to coastal States under this title
in any fiscal year shall be allocated by the
Secretary of the Interior among coastal States as
provided in this section in each such fiscal year. In
each such fiscal year, the Secretary of the Interior
shall, without further appropriation, disburse such
allocated funds to those coastal States for which the
Secretary has approved a Coastal State Conservation
and Impact Assistance Plan as required by this title.
Payments for all projects shall be made by the
Secretary to the Governor of the State or to the
State official or agency designated by the Governor
or by State law as having authority and
responsibility to accept and to administer funds paid
hereunder. No payment shall be made to any State
until the State has agreed to provide such reports to
the Secretary, in such form and containing such
information, as may be reasonably necessary to enable
the Secretary to perform his duties under this title,
and provide such fiscal control and fund accounting
procedures as may be necessary to assure proper
disbursement and accounting for Federal revenues paid
to the State under this title.
(2) Failure to have
plan approved.--At the end of each fiscal year, the
Secretary shall return to the Conservation and
Reinvestment Act Fund any amount that the Secretary
allocated, but did not disburse, in that fiscal year
to a coastal State that does not have an approved
plan under this title before the end of the fiscal
year in which such grant is allocated, except that
the Secretary shall hold in escrow until the final
resolution of the appeal any amount allocated, but
not disbursed, to a coastal State that has appealed
the disapproval of a plan submitted under this
title.
(b) Allocation Among
Coastal States.--
(1) Allocable share
for each state.--For each coastal State, the
Secretary shall determine the State's allocable share
of the total amount of the revenues transferred from
the Fund under section 5(b)(1) for each fiscal year
using the following weighted formula:
(A) Fifty
percent of such revenues shall be allocated among
the coastal States as provided in paragraph
(2).
(B) Twenty-five
percent of such revenues shall be allocated to
each coastal State based on the ratio of each
State's shoreline miles to the shoreline miles of
all coastal States.
(C) Twenty-five
percent of such revenues shall be allocated to
each coastal State based on the ratio of each
State's coastal population to the coastal
population of all coastal States.
(2) Offshore outer
continental shelf share.--If any portion of a
producing State lies within a distance of 200 miles
from the geographic center of any leased tract with
qualified Outer Continental Shelf revenues, the
Secretary of the Interior shall determine such
State's allocable share under paragraph (1)(A) based
on the formula set forth in this paragraph. Such
State share shall be calculated as of the date of the
enactment of this Act. Each such State's allocable
share of the revenues disbursed under paragraph
(1)(A) shall be based on qualified Outer Continental
Shelf revenues from each leased tract or portion of a
leased tract the geographic center of which is within
a distance (to the nearest whole mile) of 200 miles
from the coastline of the State and shall be
inversely proportional to the distance between the
nearest point on the coastline of such State and the
geographic center of each such leased tract or
portion, as determined by the Secretary. In applying
this paragraph a leased tract or portion of a leased
tract shall be excluded if the tract or portion is
located in a geographic area subject to a leasing
moratorium on January 1, 1999, unless the lease was
issued prior to the establishment of the moratorium
and was in production on January 1, 1999.
(3)
Minimum state share.--
(A) In
general.--The allocable share of revenues
determined by the Secretary under this subsection
for each coastal State with an approved coastal
management program (as defined by the Coastal
Zone Management Act (16 U.S.C. 1451)), or which
is making satisfactory progress toward one, shall
not be less in any fiscal year than 0.50 percent
of the total amount of the revenues transferred
by the Secretary of the Treasury to the Secretary
of the Interior for purposes of this title for
that fiscal year under subsection (a). For any
other coastal State the allocable share of such
revenues shall not be less than 0.25 percent of
such revenues.
(B)
Recomputation.--Where one or more coastal States'
allocable shares, as computed under paragraphs
(1) and (2), are increased by any amount under
this paragraph, the allocable share for all other
coastal States shall be recomputed and reduced by
the same amount so that not more than 100 percent
of the amount transferred by the Secretary of the
Treasury to the Secretary of the Interior for
purposes of this title for that fiscal year under
section 5(b)(1) is allocated to all coastal
States. The reduction shall be divided pro rata
among such other coastal States.
(c) Payments to
Political Subdivisions.--In the case of a producing
State, the Governor of the State shall pay 50 percent of
the State's allocable share, as determined under
subsection (b), to the coastal political subdivisions in
such State. Such payments shall be allocated among such
coastal political subdivisions of the State according to
an allocation formula analogous to the allocation formula
used in subsection (b) to allocate revenues among the
coastal States, 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 subsection (b)(1)(A) and (b)(2) 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.
(d) Time of
Payment.--Payments to coastal States and coastal
political subdivisions under this section shall be made
not later than December 31 of each year from revenues
received during the immediately preceding fiscal year.
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TITLE I--IMPACT ASSISTANCE AND
COASTAL CONSERVATION SEC. 101. IMPACT ASSISTANCE
FORMULA AND PAYMENTS.
(a)
IMPACT ASSISTANCE PAYMENTS TO STATES-
(1)
GRANT PROGRAM- Amounts transferred to the Secretary
of the Interior from the Conservation and
Reinvestment Act Fund under section 5(b)(1) of this
Act for purposes of making payments to coastal States
under this title in any fiscal year shall be
allocated by the Secretary of the Interior among
coastal States as provided in this section in each
such fiscal year. In each such fiscal year, the
Secretary of the Interior shall, without further
appropriation, disburse such allocated funds to those
coastal States for which the Secretary has approved a
Coastal State Conservation and Impact Assistance Plan
as required by this title. Payments for all projects
shall be made by the Secretary to the Governor of the
State or to the State official or agency designated
by the Governor or by State law as having authority
and responsibility to accept and to administer funds
paid hereunder. No payment shall be made to any State
until the State has agreed to provide such reports to
the Secretary, in such form and containing such
information, as may be reasonably necessary to enable
the Secretary to perform his duties under this title,
and provide such fiscal control and fund accounting
procedures as may be necessary to assure proper
disbursement and accounting for Federal revenues paid
to the State under this title.
(2)
FAILURE TO HAVE PLAN APPROVED- At the end of each
fiscal year, the Secretary shall return to the
Conservation and Reinvestment Act Fund any amount
that the Secretary allocated, but did not disburse,
in that fiscal year to a coastal State that does not
have an approved plan under this title before the end
of the fiscal year in which such grant is allocated,
except that the Secretary shall hold in escrow until
the final resolution of the appeal any amount
allocated, but not disbursed, to a coastal State that
has appealed the disapproval of a plan submitted
under this title.
(b)
ALLOCATION AMONG COASTAL STATES-
(1)
ALLOCABLE SHARE FOR EACH STATE- For each coastal
State, the Secretary shall determine the State's
allocable share of the total amount of the revenues
transferred from the Fund under section 5(b)(1) for
each fiscal year using the following weighted
formula:
(A)
Fifty percent of such revenues shall be allocated
among the coastal States as provided in paragraph
(2).
(B)
Twenty-five percent of such revenues shall be
allocated to each coastal State based on the
ratio of each State's shoreline miles to the
shoreline miles of all coastal States.
(C)
Twenty-five percent of such revenues shall be
allocated to each coastal State based on the
ratio of each State's coastal population to the
coastal population of all coastal States.
(2)
OFFSHORE OUTER CONTINENTAL SHELF SHARE- If any
portion of a producing State lies within a distance
of 200 miles from the geographic center of any leased
tract with qualified Outer Continental Shelf
revenues, the Secretary of the Interior shall
determine such State's allocable share under
paragraph (1)(A) based on the formula set forth in
this paragraph. Such State share shall be calculated
as of the date of the enactment of this Act. Each
such State's allocable share of the revenues
disbursed under paragraph (1)(A) shall be based on
qualified Outer Continental Shelf revenues from each
leased tract or portion of a leased tract the
geographic center of which is within a distance (to
the nearest whole mile) of 200 miles from the
coastline of the State and shall be inversely
proportional to the distance between the nearest
point on the coastline of such State and the
geographic center of each such leased tract or
portion, as determined by the Secretary. In applying
this paragraph a leased tract or portion of a leased
tract shall be excluded if the tract or portion is
located in a geographic area subject to a leasing
moratorium on January 1, 2001, unless the lease was
issued prior to the establishment of the moratorium
and was in production on January 1, 2001.
(3)
MINIMUM STATE SHARE-
(A)
IN GENERAL- The allocable share of revenues
determined by the Secretary under this subsection
for each coastal State with an approved coastal
management program (as defined by the Coastal
Zone Management Act (16 U.S.C. 1451)), or which
is making satisfactory progress toward one, shall
not be less in any fiscal year than 0.50 percent
of the total amount of the revenues transferred
by the Secretary of the Treasury to the Secretary
of the Interior for purposes of this title for
that fiscal year under subsection (a). For any
other coastal State the allocable share of such
revenues shall not be less than 0.25 percent of
such revenues.
(B)
RECOMPUTATION- Where one or more coastal States'
allocable shares, as computed under paragraphs
(1) and (2), are increased by any amount under
this paragraph, the allocable share for all other
coastal States shall be recomputed and reduced by
the same amount so that not more than 100 percent
of the amount transferred by the Secretary of the
Treasury to the Secretary of the Interior for
purposes of this title for that fiscal year under
section 5(b)(1) is allocated to all coastal
States. The reduction shall be divided pro rata
among such other coastal States.
(c)
PAYMENTS TO POLITICAL SUBDIVISIONS- In the case of a
producing State, the Governor of the State shall pay 50
percent of the State's allocable share, as determined
under subsection (b), to the coastal political
subdivisions in such State. Such payments shall be
allocated among such coastal political subdivisions of
the State according to an allocation formula analogous to
the allocation formula used in subsection (b) to allocate
revenues among the coastal States, 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 subsection (b)(1)(A) and (b)(2)
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.
(d) TIME
OF PAYMENT- Payments to coastal States and coastal
political subdivisions under this section shall be made
not later than December 31 of each year from revenues
received during the immediately preceding fiscal year.
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| SEC. 102. COASTAL STATE CONSERVATION AND IMPACT
ASSISTANCE PLANS. (a)
Development and Submission of State Plans.--Each coastal
State seeking to receive grants under this title shall
prepare, and submit to the Secretary, a Statewide Coastal
State Conservation and Impact Assistance Plan. In the
case of a producing State, the Governor shall incorporate
the plans of the coastal political subdivisions into the
Statewide plan for transmittal to the Secretary. The
Governor shall solicit local input and shall provide for
public participation in the development of the Statewide
plan. The plan shall be submitted to the Secretary by
April 1 of the calendar year after the calendar year in
which this Act is enacted.
(b) Approval or
Disapproval.--
(1) In
general.--Approval of a Statewide plan under
subsection (a) is required prior to disbursement of
funds under this title by the Secretary. The
Secretary shall approve the Statewide plan if the
Secretary determines, in consultation with the
Secretary of Commerce, that the plan is consistent
with the uses set forth in subsection (c) 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 title.
(B) A program
for the implementation of the plan which shall
include (i) a description of how the plan will
address environmental concerns, (ii) for
producing States, a description of how funds will
be used to address the impacts of oil and gas
production from the Outer Continental Shelf, and
(iii) a description of how the State will
evaluate the effectiveness of the plan.
(C)
Certification by the Governor that ample
opportunity has been accorded for public
participation in the development and revision of
the plan.
(D) Measures for
taking into account other relevant Federal
resources and programs. The plan shall be
correlated so far as practicable with other
State, regional, and local plans.
(2) Procedure and
timing; revisions.--The Secretary shall approve or
disapprove each plan submitted in accordance with
this section. If a State first submits a plan by not
later than 90 days before the beginning of the first
fiscal year to which the plan applies, the Secretary
shall approve or disapprove the plan by not later
than 30 days before the beginning of that fiscal
year.
(3) Amendment or
revision.--Any amendment to or revision of the plan
shall be prepared in accordance with the requirements
of this subsection and shall be submitted to the
Secretary for approval or disapproval. Any such
amendment or revision shall take effect only for
fiscal years after the fiscal year in which the
amendment or revision is approved by the
Secretary.
(c) Authorized Uses of
State Grant Funding.--The funds provided under this title
to a coastal State and for coastal political subdivisions
are authorized to be used in compliance with Federal and
State law only for one or more of the following
purposes:
(1) Data collection,
including but not limited to fishery or marine mammal
stock surveys in State waters or both, cooperative
State, interstate, and Federal fishery or marine
mammal stock surveys or both, cooperative initiatives
with university and private entities for fishery and
marine mammal surveys, activities related to marine
mammal and fishery interactions, and other coastal
living marine resources surveys.
(2) The
conservation, restoration, enhancement, or creation
of coastal habitats.
(3) Cooperative
Federal or State enforcement of marine resources
management statutes.
(4) Fishery observer
coverage programs in State or Federal waters.
(5) Invasive,
exotic, and nonindigenous species identification and
control.
(6) Coordination and
preparation of cooperative fishery conservation and
management plans between States including the
development and implementation of population surveys,
assessments and monitoring plans, and the preparation
and implementation of State fishery management plans
developed by interstate marine fishery
commissions.
(7) Preparation and
implementation of State fishery or marine mammal
management plans that comply with bilateral or
multilateral international fishery or marine mammal
conservation and management agreements or both.
(8) Coastal and
ocean observations necessary to develop and implement
real time tide and current measurement systems.
(9) Implementation
of federally approved marine, coastal, or
comprehensive conservation and management
plans.
(10) Mitigating
marine and coastal impacts of Outer Continental Shelf
activities including impacts on onshore
infrastructure.
(11) Projects that
promote research, education, training, and advisory
services in fields related to ocean, coastal, and
Great Lakes resources.
(d) Compliance With
Authorized Uses.--Based on the annual reports submitted
under section 4 of this Act and on audits conducted by
the Secretary under section 7, the Secretary shall review
the expenditures made by each State and coastal political
subdivision from funds made available under this title.
If the Secretary determines that any expenditure made by
a State or coastal political subdivision of a State from
such funds is not consistent with the authorized uses set
forth in subsection (c), the Secretary shall not make any
further grants under this title to that State until the
funds used for such expenditure have been repaid to the
Conservation and Reinvestment Act Fund.
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SEC. 102. COASTAL STATE
CONSERVATION AND IMPACT ASSISTANCE PLANS. (a) DEVELOPMENT
AND SUBMISSION OF STATE PLANS- Each coastal State seeking
to receive grants under this title shall prepare, and
submit to the Secretary, a Statewide Coastal State
Conservation and Impact Assistance Plan. In the case of a
producing State, the Governor shall incorporate the plans
of the coastal political subdivisions into the Statewide
plan for transmittal to the Secretary. The Governor shall
solicit local input and shall provide for public
participation in the development of the Statewide plan.
The plan shall be submitted to the Secretary by April 1
of the calendar year after the calendar year in which
this Act is enacted.
(b)
APPROVAL OR DISAPPROVAL-
(1)
IN GENERAL- Approval of a Statewide plan under
subsection (a) is required prior to disbursement of
funds under this title by the Secretary. The
Secretary shall approve the Statewide plan if the
Secretary determines, in consultation with the
Secretary of Commerce, that the plan is consistent
with the uses set forth in subsection (c) 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
title.
(B)
A program for the implementation of the plan
which shall include (i) a description of how the
plan will address environmental concerns, (ii)
for producing States, a description of how funds
will be used to address the impacts of oil and
gas production from the Outer Continental Shelf,
and (iii) a description of how the State will
evaluate the effectiveness of the plan.
(C)
Certification by the Governor that ample
opportunity has been accorded for public
participation in the development and revision of
the plan.
(D)
Measures for taking into account other relevant
Federal resources and programs. The plan shall be
correlated so far as practicable with other
State, regional, and local plans.
(2)
PROCEDURE AND TIMING; REVISIONS- The Secretary shall
approve or disapprove each plan submitted in
accordance with this section. If a State first
submits a plan by not later than 90 days before the
beginning of the first fiscal year to which the plan
applies, the Secretary shall approve or disapprove
the plan by not later than 30 days before the
beginning of that fiscal year.
(3)
AMENDMENT OR REVISION- Any amendment to or revision
of the plan shall be prepared in accordance with the
requirements of this subsection and shall be
submitted to the Secretary for approval or
disapproval. Any such amendment or revision shall
take effect only for fiscal years after the fiscal
year in which the amendment or revision is approved
by the Secretary.
(c)
AUTHORIZED USES OF STATE GRANT FUNDING- The funds
provided under this title to a coastal State and for
coastal political subdivisions are authorized to be used
in compliance with Federal and State law only for one or
more of the following purposes:
(1)
Data collection, including but not limited to fishery
or marine mammal stock surveys in State waters or
both, cooperative State, interstate, and Federal
fishery or marine mammal stock surveys or both,
cooperative initiatives with university and private
entities for fishery and marine mammal surveys,
activities related to marine mammal and fishery
interactions, and other coastal living marine
resources surveys.
(2)
The conservation, restoration, enhancement, or
creation of coastal habitats.
(3)
Cooperative Federal or State enforcement of marine
resources management statutes.
(4)
Fishery observer coverage programs in State or
Federal waters.
(5)
Invasive, exotic, and nonindigenous species
identification and control.
(6)
Coordination and preparation of cooperative fishery
conservation and management plans between States
including the development and implementation of
population surveys, assessments and monitoring plans,
and the preparation and implementation of State
fishery management plans developed by interstate
marine fishery commissions.
(7)
Preparation and implementation of State fishery or
marine mammal management plans that comply with
bilateral or multilateral international fishery or
marine mammal conservation and management agreements
or both.
(8)
Coastal and ocean observations necessary to develop
and implement real time tide and current measurement
systems.
(9)
Implementation of federally approved marine, coastal,
or comprehensive conservation and management plans.
(10)
Mitigating marine and coastal impacts of Outer
Continental Shelf activities including impacts on
onshore infrastructure.
(11)
Projects that promote research, education, training,
and advisory services in fields related to ocean,
coastal, and Great Lakes resources.
(d)
COMPLIANCE WITH AUTHORIZED USES- Based on the annual
reports submitted under section 4 of this Act and on
audits conducted by the Secretary under section 7, the
Secretary shall review the expenditures made by each
State and coastal political subdivision from funds made
available under this title. If the Secretary determines
that any expenditure made by a State or coastal political
subdivision of a State from such funds is not consistent
with the authorized uses set forth in subsection (c), the
Secretary shall not make any further grants under this
title to that State until the funds used for such
expenditure have been repaid to the Conservation and
Reinvestment Act Fund.
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