S.Amdt. 1531

1. Rewrites section 32(c)(d)

   ReplacesSection 32(c)(d) of the Outer Continental Shelf Lands Act (as added by section 111)

   Removes section 32(c)(d).

   Inserted: (c) Impact Assistance Payments to States and Political Subdivisions.--The Secretary shall make payments from the amounts available under this section to Producing Coastal States with an approved Coastal Impact Assistance Plan, and to coastal political subdivisions as follows:

   Inserted: (1) Of the amounts appropriated, the allocation for each Producing Coastal State shall be calculated based on the ratio of qualified Outer Continental Shelf revenues generated off the coastline of the Producing Coastal State to the qualified Outer Continental Shelf revenues generated off the coastlines of all Producing Coastal States for each fiscal year. Where there is more than one Producing Coastal State within 200 miles of a leased tract, the amount of each Producing Coastal State's allocation for such leased tract 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.

   Inserted: (2)(A) Thirty-five percent of each Producing Coastal State's allocable share as determined under paragraph (1) shall be paid directly to the coastal political subdivisions by the Secretary based on the following formula:

   Inserted: (i) Twenty-five percent shall be allocated based on the ratio of such coastal political subdivision's coastal population to the coastal population of all coastal political subdivisions in the Producing Coastal State.

   Inserted: (ii) Twenty-five percent shall be allocated based on the ratio of such coastal political subdivision's coastline miles to the coastline miles of a coastal political subdivision in the Producing Coastal State except that for those coastal political subdivisions in the State of Louisiana without a coastline, the coastline for purposes of this element of the formula shall be the average length of the coastline of the remaining coastal subdivisions in the state.

   Inserted: (iii) Fifty percent shall be allocated based on the relative distance of such coastal political subdivision from any leased tract used to calculate the Producing Coastal State's allocation using ratios that are inversely proportional to the distance between the point in the coastal political subdivision closest to the geographic center of each leased tract or portion, as determined by the Secretary, except that in the State of Alaska, the funds for this element of the formula shall be divided equally among the two closest coastal political subdivisions. For purposes of the calculations under this clause, a leased tract or portion of a leased tract shall be excluded if the leased tract or portion is located in a geographic area where a moratorium on new leasing was in effect on January 1, 2002, unless the lease was issued prior to the establishment of the moratorium and was in production on January

   Inserted: (B) Of the allocable share of the State of Louisiana as determined under paragraph (1), the Secretary shall pay--

   Inserted: (i) 17.5 percent directly to coastal political subdivisions in the State of Louisiana in accordance with the formula described in clauses (i) through (iii) of subparagraph (A) to be used for--

   Inserted: (I) wetland protection and restoration;

   Inserted: (II) land and water conservation;

   Inserted: (III) flood control and drainage;

   Inserted: (IV) watewater treatment;

   Show 23 more inserted paragraphsShow less

   Inserted: (V) parks and recreation; and

   Inserted: (VI) bridge repair and replacement;

   Inserted: (ii) 17.5 percent to a coastal infrastructure restoration fund maintained by the State of Louisiana to be used for--

   Inserted: (I) barrier island restoration;

   Inserted: (II) wildlife and wetland research and education;

   Inserted: (III) Atchafalaya Basin preservation;

   Inserted: (IV) State Land and Water Conservation Fund activities; and

   Inserted: (V) coastal commerce and development.

   Inserted: (3) Any amount allocated to a Producing Coastal State or coastal political subdivision but not disbursed because of a failure to have an approved Coastal Impact Assistance Plan under this section shall be allocated equally by the Secretary among all other Producing Coastal States in a manner consistent with this subsection except that the Secretary shall hold in escrow such amount until the final resolution of any appeal regarding the disapproval of a plan submitted under this section. The Secretary may waive the provisions of this paragraph and hold a Producing Coastal State's allocable share in escrow if the Secretary determines that such State is making a good faith effort to develop and submit, or update, a Coastal Impact Assistance Plan.

   Inserted: (4) For purposes of this subsection, calculations of payments for fiscal years 2004 through 2006 shall be made using qualified Outer Continental Shelf revenues received in fiscal year 2003, and calculations of payments for fiscal years 2007 through 2009 shall be made using qualified Outer Continental Shelf revenues received in fiscal year 2006.

   Inserted: (d) Coastal Impact Assistance Plan.--

   Inserted: (1) The Governor of each Producing Coastal State shall prepare, and submit to the Secretary, a Coastal Impact Assistance Plan. The Governor shall solicit local input and shall provide for public participation in the development of the plan. The plan shall be submitted to the Secretary by July 1, 2004. Amounts received by Producing Coastal States and coastal political subdivisions may be used only for the purposes specified in the Producing Coastal State's Coastal Impact Assistance Plan.

   Inserted: (2) The Secretary shall approve a plan under paragraph (1) prior to disbursement of amounts under this section. The Secretary shall approve the plan if the Secretary determines that the plan is consistent with the uses set forth in subsection (f) of this section and if the plan contains--

   Inserted: (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 section;

   Inserted: (B) a program for the implementation of the plan which describes how the amounts provided under this section will be used;

   Inserted: (C) a contact for each political subdivision and description of how coastal political subdivisions will use amounts provided under this section, including a certification by the Governor that such uses are consistent with the requirements of this section;

   Inserted: (D) certification by the Governor that ample opportunity has been accorded for public participation in the development and revision of the plan; and

   Inserted: (E) measures for taking into account other relevant Federal resources and programs.

   Inserted: (3) The Secretary shall approve or disapprove each plan or amendment within 90 days of its submission.

   Inserted: (4) Any amendment to the plan shall be prepared in accordance with the requirements of this subsection and shall be submitted to the Secretary for approval or disapproval.

   Inserted: (5) Coastal impact assistance plans of coastal political subdivisions.--

   Inserted: (A) In general.--A Coastal Impact Assistance Plan for the State of Louisiana shall include a coastal impact assistance plan developed by each coastal political subdivision in the State of Louisiana.

   Inserted: (B) Approval.--In approving the plans of the coastal political subdivisions, the Governor of the State of Louisiana shall have the authority only to ensure that the proposed uses of funds that are included in the plans of the coastal political subdivisions are consistent with the authorized uses under subsection (e).

   Original wording

   In section 32 of the Outer Continental Shelf Lands Act (as added by section 111), strike subsections (c) and (d) and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed