S.Amdt. 284Senate111th Congress (2009-2011)2nd degree

S.Amdt. 284

Submitted February 4, 2009

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Senate amendment submitted

February 4, 2009

Text

Submitted

SA 284. Mr. VITTER (for himself, Mr. Cochran, Mr. Shelby, Mrs.
Hutchison, Mr. Wicker, and Mr. Cornyn) submitted an amendment intended
to be proposed to amendment SA 98 proposed by Mr. Inouye (for himself
and Mr. Baucus) to the bill H.R. 1, making supplemental appropriations
for job preservation and creation, infrastructure investment, energy
efficiency and science, assistance to the unemployed, and State and
local fiscal stabilization, for fiscal year ending September 30, 2009,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 431, between lines 8 and 9, insert the following:

SEC. __. COASTAL RESTORATION AND GULF STATE RECOVERY.

(a) Seaward Boundaries of States.--
(1) In general.--Section 4 of the Submerged Lands Act (43
U.S.C. 1312) is amended by striking ``three geographical
miles'' each place it appears and inserting ``12 nautical
miles''.
(2) Conforming amendments.--Section 2 of the Submerged
Lands Act (43 U.S.C. 1301) is amended by striking ``three
geographical miles'' each place it appears in subsections
(a)(2) and (b) and inserting ``12 nautical miles''.
(3) Effect of amendments.--
(A) In general.--Subject to subparagraphs (B) through (D),
the amendments made by this subsection shall not effect
Federal oil and gas mineral rights.
(B) Submerged land.--Submerged land within the seaward
boundaries of States shall be--
(i) subject to Federal oil and gas mineral rights to the
extent provided by law;
(ii) considered to be part of the Federal outer Continental
Shelf for purposes of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.); and
(iii) subject to leasing under the authority of that Act
and to laws applicable to the leasing of the oil and gas
resources of the Federal outer Continental Shelf.
(C) Existing leases.--The amendments made by this
subsection shall not affect any Federal oil and gas lease in
effect on the date of enactment of this Act.
(D) Taxation.--A State may exercise all of the sovereign
powers of taxation of the State within the entire extent of
the seaward boundaries of the State (as extended by the
amendments made by this subsection).
(b) Coastal Impact Assistance Program Amendments.--
(1) In general.--Section 31 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1356a) is amended--
(A) in subsection (c), by adding at the end the following:
``(5) Application requirements; availability of funding.--
On approval of a plan by the Secretary under this section,
the producing State shall--
``(A) not be subject to any additional application or other
requirements (other than notifying the Secretary of which
projects are being carried out under the plan) to receive the
payments; and
``(B) be immediately eligible to receive payments under
this section.''; and
(B) by adding at the end the following:
``(e) Funding.--
``(1) Streamlining.--
``(A) Report.--Not later than 180 days after the date of
enactment of this subsection, the Secretary of the Interior
(acting through the Director of the Minerals Management
Service) (referred to in this subsection as the `Secretary')
shall develop a plan that addresses streamlining the process
by which payments are made under this section, including
recommendations for--
``(i) decreasing the time required to approve plans
submitted under subsection (c)(1);
``(ii) ensuring that allocations to producing States under
subsection (b) are adequately funded; and
``(iii) any modifications to the authorized uses for
payments under subsection (d).
``(B) Clean water.--Not later than 180 days after the date
of enactment of this subsection, the Secretary and the
Administrator of the Environmental Protection Agency shall
jointly develop procedures for streamlining the permit
process required under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) and State laws for restoration
projects that are included in an approved plan under
subsection (c).
``(C) Environmental requirements.--In the case of any
project covered by this subsection that is not carried out on
wetland (as defined in section 1201 of the Food Security Act
of 1985 (16 U.S.C. 3801)), there shall be no requirement for
a review, statement, or analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Dredged materials.--Not later than 180 days after the
date of enactment of this subsection, the Secretary of the
Army shall develop and implement guidelines requiring the use
of dredged material, at full Federal expense, for ecological
restoration, or port or other coastal infrastructure, in
producing States.
``(3) Cost-sharing requirements.--Any amounts made
available to producing States under this section may be used
to meet the cost-sharing requirements of other Federal grant
programs, including grant programs

[[Page S1585]]

that support coastal protection and restoration.
``(4) Expedited funding.--Not later than 180 days after the
date of enactment of this subsection, the Secretary shall
develop a procedure to provide expedited funding to projects
under this section based on estimated revenues to ensure that
the projects may--
``(A) secure additional funds from other sources; and
``(B) use the amounts made available under this section on
receipt.''.
(2) Application.--The amendments made by paragraph (1)
apply to an application for payments under section 31 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1356a) that is
pending on, or filed on or after, the date of enactment of
this Act.
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