S.Amdt. 891

SA 891. Mr. DOMENICI (for himself, Mr. Bingaman, Ms. Landrieu, Mr.
Vitter, Mr. Lott, Mr. Cochran, and Mrs. Hutchison) submitted an
amendment intended to be proposed by him to the bill H.R. 6, to ensure
jobs for our future with secure, affordable, and reliable energy; which
was ordered to lie on the table; as follows:

Beginning on page 297, strike line 2 and all that follows
through page 310, line 25, and insert the following:

SEC. 371. COASTAL IMPACT ASSISTANCE PROGRAM.

Section 31 of the Outer Continental Shelf Lands Act (43
U.S.C. 1356a) is amended to read as follows:

``SEC. 31. 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 the date of enactment of the Energy
Policy Act of 2005; and
``(B) not more than 200 nautical miles from the geographic
center of any leased tract.
``(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.)).
``(3) Coastal state.--The term `coastal State' has the
meaning given the term in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
``(4) Coastline.--The term `coastline' has the meaning
given the term `coast line' in section 2 of the Submerged
Lands Act (43 U.S.C. 1301).
``(5) Distance.--The term `distance' means the minimum
great circle distance, measured in statute miles.
``(6) Leased tract.--The term `leased tract' means a tract
that is subject to a lease under section 6 or 8 for the
purpose of drilling for, developing, and producing oil or
natural gas resources.
``(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.--
``(A) In general.--The term `producing State' means a
coastal State that has a coastal seaward boundary within 200
nautical miles of the geographic center of a leased tract
within any area of the outer Continental Shelf.
``(B) Exclusion.--The term `producing State' does not
include a producing State, a majority of the coastline of
which is subject to leasing moratoria, unless production was
occurring on January 1, 2005, from a lease within 10 nautical
miles of the coastline of that 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--
``(i) lying--

``(I) seaward of the zone covered by section 8(g); or
``(II) within that zone, but to which section 8(g) 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.--The term `qualified Outer Continental
Shelf revenues' includes bonus bids, rents, royalties
(including payments for royalty taken in kind and sold), net
profit share payments, and related late-payment interest from
natural gas and oil leases issued under this Act.
``(C) Exclusion.--The term `qualified Outer Continental
Shelf revenues' does not include any revenues from a leased
tract or portion of a leased tract that is located in a
geographic area subject to a leasing moratorium on January 1,
2005, unless the lease was in production on January 1, 2005.
``(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), 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--
``(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 1 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.--The amount allocated to a
producing State under subparagraph (A) shall be at least 1
percent of the amounts available under paragraph (1).
``(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)--
``(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.--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 2
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

[[Page S7103]]

area subject to a leasing moratorium on January 1, 2005,
unless the lease was in production on that date.
``(6) 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),
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) 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).
``(c) Coastal Impact Assistance Plan.--
``(1) Submission of state plans.--
``(A) In general.--Not later than July 1, 2008, the
Governor of a producing State shall submit to the Secretary a
coastal impact assistance plan.
``(B) Public participation.--In carrying out subparagraph
(A), the Governor shall solicit local input and provide for
public participation in the development of the plan.
``(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); 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.--Not later than 90 days after the date on
which a plan or amendment to a plan is submitted under
paragraph (1) or (3), the Secretary shall approve or
disapprove the plan or amendment.
``(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 law, only
for 1 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.--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.
``(3) Limitation.--Not more than 23 percent of amounts
received by a producing State or coastal political
subdivision for any 1 fiscal year shall be used for the
purposes described subparagraphs (C) and (E) of paragraph
(1).''.
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