- (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 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 Act, 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 Act.
- (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 by the Secretary 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)
50 percent of such revenues shall
be allocated among the coastal
States as provided in paragraph
(2).
- (B)
25 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)
25 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,
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 for the
first 5-fiscal year period during which
funds are disbursed under this title and
recalculated on the anniversary of such
date each fifth year thereafter for each
succeeding 5-fiscal year period. Each
such State's allocable share of the
revenues disbursed under paragraph (1)(A)
shall be inversely proportional to the
distance between the nearest point on the
coastline of such State and the
geographic center of each leased tract or
portion of the leased tract (to the
nearest whole mile) that is within 200
miles of that coastline, as determined by
the Secretary for the 5-year period
concerned. 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.
- (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
subsection (a) 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 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 any leased tract.
- (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.
|
- (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
State-wide 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
State-wide plan for transmittal to the Secretary.
The governor shall solicit local input and shall
provide for public participation in the
development of the State-wide 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 comprehensive
statewide plan is required prior to
disbursement of funds under this title by
the Secretary. The Secretary shall
approve the State 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, for producing
States includes a description of
how funds will be used to address
the impacts of oil and gas
production from the Outer
Continental Shelf.
- (C)
Certification by the Governor
that ample opportunity has been
accorded for pubic 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
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 5 of this Act and on
audits conducted by the Secretary under section
9, 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.
|
