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(continued) CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
Sec. 1355. Restrictions on employment of former officers or
employees of Department of the Interior

-STATUTE-
No full-time officer or employee of the Department of the
Interior who directly or indirectly discharged duties or
responsibilities under this subchapter, and who was at any time
during the twelve months preceding the termination of his
employment with the Department compensated under the Executive
Schedule or compensated at or above the annual rate of basic pay
for grade GS-16 of the General Schedule shall -
(1) within two years after his employment with the Department
has ceased -
(A) knowingly act as agent or attorney for, or otherwise
represent, any other person (except the United States) in any
formal or informal appearance before;
(B) with the intent to influence, make any oral or written
communication on behalf of any other person (except the United
States) to; or
(C) knowingly aid or assist in representing any other person
(except the United States) in any formal or informal appearance
before,

any department, agency, or court of the United States, or any
officer or employee thereof, in connection with any judicial or
other proceeding, application, request for a ruling or other
determination, regulation, order, lease, permit, rulemaking, or
other particular matter involving a specific party or parties in
which the United States is a party or has a direct and
substantial interest which was actually pending under his
official responsibility as an officer or employee within a period
of one year prior to the termination of such responsibility or in
which he participated personally and substantially as an officer
or employee; or
(2) within one year after his employment with the Department
has ceased -
(A) knowingly act as agent or attorney for, or otherwise
represent, any other person (except the United States) in any
formal or informal appearance before; or
(B) with the intent to influence, make any oral or written
communication on behalf of any other person (except the United
States) to,

the Department of the Interior, or any officer or employee
thereof, in connection with any judicial, rulemaking, regulation,
order, lease, permit, regulation, or other particular matter
which is pending before the Department of the Interior or in
which the Department has a direct and substantial interest.

-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 29, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 668.)

-REFTEXT-
REFERENCES IN TEXT
The Executive Schedule, referred to in text, is set out in
section 5311 et seq. of Title 5, Government Organization and
Employees.


-MISC1-
REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.

-End-



-CITE-
43 USC Sec. 1356 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
Sec. 1356. Documentary, registry and manning requirements

-STATUTE-
(a) Regulations
Within six months after September 18, 1978, the Secretary of the
Department in which the Coast Guard is operating shall issue
regulations which require that any vessel, rig, platform, or other
vehicle or structure -
(1) which is used at any time after the one-year period
beginning on the effective date of such regulations for
activities pursuant to this subchapter and which is built or
rebuilt at any time after such one-year period, when required to
be documented by the laws of the United States, be documented
under the laws of the United States;
(2) which is used for activities pursuant to this subchapter,
comply, except as provided in subsection (b) of this section,
with such minimum standards of design, construction, alteration,
and repair as the Secretary or the Secretary of the Department in
which the Coast Guard is operating establishes; and
(3) which is used at any time after the one-year period
beginning on the effective date of such regulations for
activities pursuant to this subchapter, be manned or crewed,
except as provided in subsection (c) of this section, by citizens
of the United States or aliens lawfully admitted to the United
States for permanent residence.
(b) Exceptions from design, construction, alteration, and repair
requirements
The regulations issued under subsection (a)(2) of this section
shall not apply to any vessel, rig, platform, or other vehicle or
structure built prior to September 18, 1978, until such time after
such date as such vehicle or structure is rebuilt.
(c) Exceptions from manning requirements
The regulations issued under subsection (a)(3) of this section
shall not apply -
(1) to any vessel, rig, platform, or other vehicle or structure
if -
(A) specific contractual provisions or national registry
manning requirements in effect on September 18, 1978, provide
to the contrary;
(B) there are not a sufficient number of citizens of the
United States, or aliens lawfully admitted to the United States
for permanent residence, qualified and available for such work;
or
(C) the President makes a specific finding, with respect to
the particular vessel, rig, platform, or other vehicle or
structure, that application would not be consistent with the
national interest; and

(2) to any vessel, rig, platform, or other vehicle or
structure, over 50 percent of which is owned by citizens of a
foreign nation or with respect to which the citizens of a foreign
nation have the right effectively to control, except to the
extent and to the degree that the President determines that the
government of such foreign nation or any of its political
subdivisions has implemented, by statute, regulation, policy, or
practice, a national manning requirement for equipment engaged in
the exploration, development, or production of oil and gas in its
offshore areas.

-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 30, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 669.)


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.

-End-



-CITE-
43 USC Sec. 1356a 01/19/04

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 29 - SUBMERGED LANDS
SUBCHAPTER III - OUTER CONTINENTAL SHELF LANDS

-HEAD-
Sec. 1356a. Coastal impact assistance

-STATUTE-
(a) In general
Nothing in this section shall be construed as a permanent
authorization.
(b) Definitions
When used in this section:
(1) The term "coastal political subdivision" means a county,
parish, or any equivalent subdivision of a Producing Coastal
State all or part of which subdivision lies within the coastal
zone (as defined in section 304(1) of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453(1)).
(2) The term "coastal population" means the population of all
political subdivisions, as determined by the most recent official
data of the Census Bureau, contained in whole or in part within
the designated coastal boundary of a State as defined in a
State's coastal zone management program under the Coastal Zone
Management Act (!1) (16 U.S.C. 1451 et seq.).

(3) The term "Coastal State" has the same meaning as provided
by subsection 304(4) of the Coastal Zone Management Act (!1) (16
U.S.C. 1453(4)).
(4) The term "coastline" has the same meaning as the term
"coast line" as defined in subsection (!2) 1301(c) of this title.

(5) The term "distance" means minimum great circle distance,
measured in statute miles.
(6) The term "leased tract" means a tract maintained under
section 1335 of this title or leased under section 1337 of this
title for the purpose of drilling for, developing, and producing
oil and natural gas resources.
(7) The term "Producing Coastal State" means a Coastal State
with a coastal seaward boundary within 200 miles from the
geographic center of a leased tract other than a leased tract
within any area of the Outer Continental Shelf where a moratorium
on new leasing was in effect as of January 1, 2000, unless the
lease was issued prior to the establishment of the moratorium and
was in production on January 1, 2000.
(8) 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 1337(g) of this title, or lying within
such zone but to which section 1337(g) of this title does not
apply, the geographic center of which lies within a distance of
200 miles from any part of the coastline of any Coastal State,
including bonus bids, rents, royalties (including payments for
royalties taken in kind and sold), net profit share payments, and
related late payment interest. Such term does not include any
revenues from a leased tract or portion of a leased tract that is
included within any area of the Outer Continental Shelf where a
moratorium on new leasing was in effect as of January 1, 2000,
unless the lease was issued prior to the establishment of the
moratorium and was in production on January 1, 2000.
(9) The term "Secretary" means the Secretary of Commerce.
(c) Authorization
For fiscal year 2001, $150,000,000 is authorized to be
appropriated for the purposes of this section.
(d) 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:
(1) Allocations to Producing Coastal States
In each fiscal year, each Producing Coastal State's allocable
share shall be equal to the sum of the following:
(A) 60 percent of the amounts appropriated shall be equally
divided among all Producing Coastal States;
(B) 40 percent of the amounts appropriated for the purposes
of this section shall be divided among Producing Coastal States
based on Outer Continental Shelf production, except that of
such amounts no Producing Coastal State may receive more than
25 percent in any fiscal year.
(2) Calculation
The amount for each Producing Coastal State under paragraph
(1)(B) shall be calculated based on the ratio of qualified OCS
revenues generated off the coastline of the Producing Coastal
State to the qualified OCS revenues generated off the coastlines
of all Producing Coastal States for the period beginning on
January 1, 1995 and ending on December 31, 2000. Where there is
more than one Producing Coastal State within 200 miles of a
leased tract, the amount of each Producing Coastal State's
payment under paragraph (1)(B) 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. A leased tract or portion of a leased tract
shall be excluded if the tract or portion is located in a
geographic area where a moratorium on new leasing was in effect
on January 1, 2000, unless the lease was issued prior to the
establishment of the moratorium and was in production on January
1, 2000.
(3) Payments to coastal political subdivisions
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, except that a coastal political subdivision in
the State of California that has a coastal shoreline, that is not
within 200 miles of the geographic center of a leased tract or
portion of a leased tract, and in which there is located one or
more oil refineries shall be eligible for that portion of the
allocation described in paragraph (C) in the same manner as if
that political subdivision were located within a distance of 50
miles from the geographic center of the closest leased tract with
qualified Outer Continental Shelf revenues:
(A) 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.
(B) Twenty-five percent shall be allocated based on the ratio
of such coastal political subdivision's coastline miles to the
coastline miles of all coastal political subdivisions in the
Producing Coastal State.
(C) Fifty percent shall be allocated based on the relative
distance of such coastal political subdivision from any leased
tract used to calculate that 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. For purposes of the
calculations under this subparagraph, 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, 2000, unless the lease
was issued prior to the establishment of the moratorium and was
in production on January 1, 2000.
(4) Failure to have plan approved
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.
(e) Coastal Impact Assistance Plan
(1) Development and submission of State plans
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, 2001. 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.
(2) Approval
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 each of the following:
(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.
(B) A program for the implementation of the plan which
describes how the amounts provided under this section will be
used.
(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.
(D) Certification by the Governor that ample opportunity has
been accorded for public participation in the development and
revision of the plan.
(E) Measures for taking into account other relevant Federal
resources and programs.
(3) Procedure
The Secretary shall approve or disapprove each plan or
amendment within 90 days of its submission.
(4) Amendment
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.
(f) Authorized uses
Producing Coastal States and coastal political subdivisions shall
use amounts provided under this section, including any such amounts
deposited in a State or coastal political subdivision administered
trust fund dedicated to uses consistent with this subsection, in
compliance with Federal and State law and only for one or more of
the following purposes:
(1) uses set forth in new section 32(c)(4) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) proposed by
the amendment to H.R. 701 of the 106th Congress as reported by
the Senate Committee on Energy and Natural Resources;
(2) projects and activities for the conservation, protection or
restoration of wetlands;
(3) mitigating damage to fish, wildlife or natural resources,
including such activities authorized under subtitle B of title IV
of the Oil Pollution Act of 1990 (33 U.S.C. 1321(c), (d));
(4) planning assistance and administrative costs of complying
with the provisions of this section;
(5) implementation of Federally approved marine, coastal, or
comprehensive conservation management plans; and
(6) mitigating impacts of Outer Continental Shelf activities
through funding of (A) onshore infrastructure projects and (B)
other public service needs intended to mitigate the environmental
effects of Outer Continental Shelf activities: Provided, That
funds made available under this paragraph shall not exceed 23
percent of the funds provided under this section.
(g) Compliance with authorized uses
If the Secretary determines that any expenditure made by a
Producing Coastal State or coastal political subdivision is not
consistent with the uses authorized in subsection (f) of this
section, the Secretary shall not disburse any further amounts under
this section to that Producing Coastal State or coastal political
subdivision until the amounts used for the inconsistent expenditure
have been repaid or obligated for authorized uses.

-SOURCE-
(Aug. 7, 1953, ch. 345, Sec. 31, as added Pub. L. 106-553, Sec.
1(a)(2) [title IX, Sec. 903], Dec. 21, 2000, 114 Stat. 2762,
2762A-124.)

-REFTEXT-
REFERENCES IN TEXT
The Coastal Zone Management Act, referred to in subsec. (b)(2),
probably means the Coastal Zone Management Act of 1972, title III
of Pub. L. 89-454 as added by Pub. L. 92-583, Oct. 27, 1972, 86
Stat. 1280, as amended, which is classified generally to chapter 33
(Sec. 1451 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set
out under section 1451 of Title 16 and Tables.
New section 32(c)(4) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) proposed by the amendment to H.R. 701 of the
106th Congress as reported by the Senate Committee on Energy and
Natural Resources, referred to in subsec. (f)(1), which would have
set forth purposes for which Coastal States would be authorized to
use funds, was not enacted into law during the 106th Congress.
Oil Pollution Act of 1990, referred to in subsec. (f)(3), is Pub.
L. 101-380, Aug. 18, 1990, 104 Stat. 484, as amended. Subtitle B
[Secs. 4201-4204] of title IV of the Act amended section 1321 of
Title 33, Navigation and Navigable Waters, and section 12106 of
Title 46, Shipping, and enacted provisions set out as notes under
section 92 of Title 14, Coast Guard, and section 1321 of Title 33.
For complete classification of this Act to the Code, see Short
Title note set out under section 2701 of Title 33 and Tables.

-FOOTNOTE-
(!1) See References in Text note below.

(!2) So in original. Probably should be "section".


-End-