Short title

This Act may be cited as the

Coastal Conservation and Habitat Restoration Act of 2006

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.

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.

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.

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.

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.