S.Amdt. 284Senate111th Congress (2009-2011)2nd degree
S.Amdt. 284
Sponsored by
Sen. David Vitter (R-LA)
Submitted February 4, 2009
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Floor
Latest Action
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. ______