[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2422 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 2422
To establish a Conservation and Habitat Restoration Fund and to require
the Secretary of Commerce to provide grants to States for coastal zone
management, coastal wetlands conservation, coastal land protection, and
fisheries habitat restoration, and to improve understanding of coastal
areas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 2006
Mr. Vitter (for himself and Mr. Lott) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To establish a Conservation and Habitat Restoration Fund and to require
the Secretary of Commerce to provide grants to States for coastal zone
management, coastal wetlands conservation, coastal land protection, and
fisheries habitat restoration, and to improve understanding of coastal
areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Conservation and Habitat
Restoration Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastal political subdivision.--The term ``coastal
political subdivision'' means a county, parish, or other
equivalent subdivision of a Coastal State, all or part of
which, on the date of the enactment of this Act, lies within
the boundaries of the coastal zone of the State, as identified
in the coastal zone management program of the State approved
under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.).
(2) Coastal state.--Except as otherwise provided, the term
``coastal State'' shall have the meaning given such term in
section 304 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453)
(3) Coastal zone.--The term ``coastal zone'' means the
coastal zone as determined under the Coastal Zone Management
Act of 1972 (16 U.S.C. 1451 et seq.) on the date of the
enactment of this Act.
(4) Coastline.--The term ``coastline'' has the meaning
given the term ``coast line'' in section 2(c) of the Submerged
Lands Act (43 U.S.C. 1301(c)).
(5) Fund.--The term ``Fund'' means the Coastal Conservation
and Habitat Restoration Fund established by section 3.
(6) Plan.--The term ``Plan'' means a Coastal Conservation
and Habitat Restoration Plan described in section 4.
(7) Qualified outer continental shelf revenues.--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 lying seaward of the zone defined
and governed by section 8(g) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(g)) (or lying within that zone but to
which such section 8(g) does not apply), including bonus bids,
rents, royalties (including payments for royalties taken in
kind and sold), net profit share payments, and related
interest.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. COASTAL CONSERVATION AND HABITAT RESTORATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a separate account to be known as the ``Coastal
Conservation and Habitat Restoration Fund''.
(b) Deposited Amounts.--The Secretary of the Treasury shall deposit
into the Fund for each fiscal year, without further appropriation, the
following amounts:
(1) Digital transition and public safety fund.--Amounts
deposited in the Digital Transition and Public Safety Fund that
exceed $11,000,000,000.
(2) Royalty revenues.--During each of the fiscal years 2006
through 2016, an amount equal to the amount of all qualified
outer Continental Shelf revenues attributable to royalties
received by the United States during the previous fiscal year
that are in excess of the following amount for the applicable
year:
(A) $7,000,000,000 in the case of royalties
received in fiscal year 2006.
(B) $8,300,000,000 in the case of royalties
received in fiscal year 2007.
(C) $9,500,000,000 in the case of royalties
received in fiscal year 2008.
(D) $9,100,000,000 in the case of royalties
received in fiscal year 2009.
(E) $9,600,000,000 in the case of royalties
received in fiscal year 2010.
(F) $9,650,000,000 in the case of royalties
received in fiscal year 2011.
(G) $9,100,000,000 in the case of royalties
received in fiscal year 2012.
(H) $10,900,000,000 in the case of royalties
received in fiscal year 2013.
(I) $10,900,000,000 in the case of royalties
received in fiscal year 2014.
(J) $11,000,000,000 in the case of royalties
received in fiscal year 2015.
(K) $11,100,000,000 in the case of royalties
received in fiscal year 2016.
(3) Bonus bids.--During the fiscal years 2006 through 2016,
an amount equal to the amount of all qualified outer
Continental Shelf revenues attributable to bonus bids received
by the United States that are in excess of $850,000,000 during
the previous fiscal year.
(4) Ocean activities.--During a fiscal year after 2016, an
amount equal to 50 percent of all qualified outer Continental
Shelf revenues received by the United States during the
preceding fiscal year.
(5) Other funds.--Any other amounts that are appropriated
to the Fund.
(c) Apportionment of Funds.--
(1) In general.--The Secretary shall use amounts in the
Fund remaining after the application of subsection (d), without
further appropriation, to make payments to each coastal State,
if the Secretary has approved a Plan for such State under
section 4, during December of 2005, and December of each year
thereafter, from revenues in the Fund based upon calculations
from revenues generated in the immediately preceding fiscal
year.
(2) Allocation.--The payments made under paragraph (1)
shall be allocated as follows:
(A) 20 percent shall be apportioned among the
coastal States so that the ratio of the amount
apportioned to each coastal State under this
subparagraph bears to the total amount so apportioned
for the fiscal year is equal to the ratio that the
coastline of such State bears to the total coastline of
all coastal States, as determined by the Secretary.
(B) 40 percent shall be apportioned among the
coastal States so that the ratio of the amount
apportioned to each coastal State under this
subparagraph bears to the total amount so apportioned
for the fiscal year is equal to the ratio that the
average qualified outer Continental Shelf revenues
generated off the coastline of such State over the
previous 40 year period to the average qualified outer
Continental Shelf revenues generated off the coastline
of all coastal States over the previous 40 year period.
(C) 40 percent shall be apportioned among the
coastal States so that the ratio of the amount
apportioned to each coastal State under this
subparagraph bears to the total amount so apportioned
is equal to the ratio of qualified outer Continental
Shelf revenues generated off the coastline of a coastal
State for the previous fiscal year to the qualified
outer Continental Shelf revenues generated off the
coastline of all coastal States during the previous
fiscal year.
(3) Payments to coastal political subdivisions.--
(A) In general.--The Secretary shall pay 35 percent
of the amount allocated to each coastal State, as
determined under paragraph (2), to the coastal
political subdivisions of such coastal State.
(B) Allocation.--Of the amount paid to coastal
political subdivisions of a coastal State under
subparagraph (A), 100 percent shall be apportioned
among such coastal political subdivisions so that the
ratio of the amount apportioned to each coastal
political subdivision under this subparagraph bears to
the total amount so apportioned for the fiscal year for
the coastal State is equal to the ratio that the
coastline of such coastal political subdivision bears
to the total coastline of the coastal State, as
determined by the Secretary.
(4) Determination of qualified outer continental shelf
revenues.--For purposes of paragraph (2), qualified outer
Continental Shelf revenues shall be considered to be generated
off the coastline of a State if such revenues were produced
within the area offshore of the State identified as the Federal
Outer Continental Shelf administrative boundary of the State by
the Director of the Minerals Management Service in the notice
published January 3, 2006, entitled Federal Outer Continental
Shelf (OCS) Administrative Boundaries Extending from the
Submerged Lands Act Boundary seaward to the Limit of the United
States Outer Continental Shelf (71 Fed. Reg. 127).
(5) Notification.--The Secretary shall notify each coastal
State of its apportionment and the amounts of such
apportionment shall be available to such State to carry out
activities described in such State's approved Plan.
(6) Reapportionment.--Any amount of any apportionment under
this subsection that has not been paid or obligated by the
Secretary during the fiscal year in which such notification is
given and the two fiscal years thereafter shall be reallocated
by the Secretary in accordance with paragraph (2).
(7) Treatment of states.--
(A) Special rule for apportionment.--For the
purposes of payment and allocation under paragraphs (1)
and (2), Puerto Rico, the Virgin Islands, Guam, and
American Samoa--
(i) shall be treated collectively as one
coastal State; and
(ii) shall each be allocated an equal share
of any amount distributed to them pursuant to
paragraph (2).
(B) Other purposes.--Each of the areas referred to
in subparagraph (A) shall be treated as a State for all
other purposes of this Act.
(d) Administrative Costs.--The Secretary may use not more than \1/
2\ of 1 percent of the amount in the Fund during a fiscal year to pay
the administrative costs of implementing this Act.
SEC. 4. COASTAL CONSERVATION AND HABITAT RESTORATION PLAN.
(a) Requirement for Plan.--
(1) In general.--The Secretary may provide amounts from the
Fund to a coastal State under section 3 only if the Secretary
has approved a Coastal Conservation and Habitat Restoration
Plan for such coastal State as described in this section.
(2) Plans by political subdivision.--The Governor shall
include in the Plan submitted by the State any Plan prepared by
a coastal political subdivision of the State.
(b) Content of Plan.--A Plan submitted under this section shall
include activities to be carried out--
(1) to implement a management program approved under
section 306 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1455);
(2) to conserve and restore coastal lands and wetlands,
including measures to address subsidence;
(3) to protect areas of the coastal zone from damage
attributable to natural disasters, including activities to
protect property and lives from natural disasters;
(4) to improve the knowledge and understanding of coastal
habitats, including the acquisition and installation of
equipment designed to collect data on such habitats;
(5) to restore fisheries and coastal habitat; and
(6) to mitigate and prevent damages from offshore
activities carried out in or near the coastal zone.
(c) Requirement for Public Participation.--In the development of
the Plan, the Governor and the coastal political subdivision shall--
(1) solicit local input; and
(2) provide for public participation.
(d) Schedule for Review.--Not later than 90 days after a Plan of a
State is submitted under this subsection, the Secretary shall approve
or disapprove the plan.
(e) Amendments or Modification.--Any amendment to or revision of a
plan approved under this section shall be--
(1) prepared and submitted in accordance with the
requirements of this section; and
(2) approved or disapproved by the Secretary not later than
90 days after such amendment or revision is submitted.
(f) Use of Funds.--A coastal State and a coastal political
subdivision shall use any grant received under this Act--
(1) to carry out activities described in the Plan for such
coastal State approved by the Secretary in a manner that is
consistent with Federal and State law; and
(2) for any payment that is eligible to be made with funds
provided to States under section 35 of the Mineral Leasing Act
(30 U.S.C. 191).
(g) Improper Use of Funds.--If the Secretary determines that an
expenditure made by a coastal State or coastal political subdivision is
not in accordance with the approved Plan of the State (including any
plan of a coastal political subdivision included in the plan of the
State), the Secretary shall not disburse any additional amount under
this Act to such State or subdivision until--
(1) the amount of the expenditure is repaid to the
Secretary; or
(2) the Secretary approves an amendment to the plan that
authorizes the expenditure.
(h) Requirement for Signage.--The Secretary shall require, as a
condition of any allocation of funds provided under this section, that
Coastal State or coastal political subdivision shall include on any
sign installed at a site at or near an entrance or public use area for
which funds provided under this Act are used a statement that the
existence or development of the site is a product of those funds.
(i) Annual Report.--
(1) Requirement for report.--The Governor of a Coastal
State, in coordination with the coastal political subdivisions
of that State, shall submit an annual report to the Secretary
that describes all funds received under this Act during the
previous fiscal year and the use of such funds.
(2) Incorporation by reference.--The annual report required
by paragraph (1) may incorporate by reference any other report
required to be submitted under another provision of law.
SEC. 5. ARBITRATION.
The Secretary may require, as a condition of any payment under this
section, that a coastal State or coastal political subdivision shall
submit to arbitration--
(1) any dispute between the Coastal State or coastal
political subdivision and the Secretary regarding
implementation of this Act; and
(2) any dispute between the Coastal State and political
subdivision regarding implementation of this Act, including any
failure to include in the plan submitted by the State under
section 3 any spending plan of the coastal political
subdivision.
SEC. 6. CONSTRUCTION.
Nothing in this Act shall be construed as repealing, superseding,
modifying, or otherwise affect any authority or moratoria regarding
leasing of offshore energy resources in effect on the date of enactment
of this Act.
<all>