Sec. 105. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES FROM 181 AREA, 181 SOUTH AREA, AND 2002-2007 PLANNING AREAS OF GULF OF MEXICO
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## SEC. 105 DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES FROM 181 AREA, 181 SOUTH AREA, AND 2002-2007 PLANNING AREAS OF GULF OF MEXICO **[**[43 U.S.C. 1331 note](/us/usc/t43/s1331)**]** ###
(a)In General Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the other provisions of this section, for each applicable fiscal year, the Secretary of the Treasury shall deposit— ####
(1)50 percent of qualified outer Continental Shelf revenues in the general fund of the Treasury; and ####
(2)50 percent of qualified outer Continental Shelf revenues in a special account in the Treasury from which the Secretary shall disburse— #####
(A)75 percent to Gulf producing States in accordance with subsection (b); and #####
(B)25 percent to provide financial assistance to States in accordance with section 200305 of title 54, United States Code, which shall be considered income to the Land and Water Conservation Fund for purposes of section 200302 of that title. ###
(b)Allocation Among Gulf Producing States and Coastal Political Subdivisions ####
(1)Allocation among gulf producing states for fiscal years 2007 through 2016 #####
(A)In general Subject to subparagraph (B), effective for each of fiscal years 2007 through 2016, the amount made available under subsection (a)(2)(A) shall be allocated to each Gulf producing State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. #####
(B)Minimum allocation The amount allocated to a Gulf producing State each fiscal year under subparagraph
(A)shall be at least 10 percent of the amounts available under subsection (a)(2)(A). ####
(2)Allocation among gulf producing states for fiscal year 2017 and thereafter #####
(A)In general Subject to subparagraphs
(B)and (C), effective for fiscal year 2017 and each fiscal year thereafter— ######
(i)the amount made available under subsection (a)(2)(A) from any lease entered into within the 181 Area or the 181 South Area shall be allocated to each Gulf producing State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and ######
(ii)the amount made available under subsection (a)(2)(A) from any lease entered into within the 2002-2007 planning area shall be allocated to each Gulf producing State in amounts that are inversely proportional to the respective distances between the point on the coastline of each Gulf producing State that is closest to the geographic center of each historical lease site and the geographic center of the historical lease site, as determined by the Secretary. #####
(B)Minimum allocation The amount allocated to a Gulf producing State each fiscal year under subparagraph
(A)shall be at least 10 percent of the amounts available under subsection (a)(2)(A). #####
(C)Historical lease sites ######
(i)In general Subject to clause (ii), for purposes of subparagraph (A)(ii), the historical lease sites in the 2002-2007 planning area shall include all leases entered into by the Secretary for an area in the Gulf of Mexico during the period beginning on October 1, 1982 (or an earlier date if practicable, as determined by the Secretary), and ending on December 31, 2015. ######
(ii)Adjustment Effective January 1, 2022, and every 5 years thereafter, the ending date described in clause
(i)shall be extended for an additional 5 calendar years. ####
(3)Payments to coastal political subdivisions #####
(A)In general The Secretary shall pay 20 percent of the allocable share of each Gulf producing State, as determined under paragraphs
(1)and (2), to the coastal political subdivisions of the Gulf producing State. #####
(B)Allocation The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B), (C), and
(E)of section 31(b)(4) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)(4)). ###
(c)Timing The amounts required to be deposited under paragraph
(2)of subsection
(a)for the applicable fiscal year shall be made available in accordance with that paragraph during the fiscal year immediately following the applicable fiscal year. ###
(d)Authorized Uses ####
(1)In general Subject to paragraph (2), each Gulf producing State and coastal political subdivision shall use all amounts received under subsection
(b)in accordance with all applicable Federal and State laws, only for 1 or more of the following purposes: #####
(A)Projects and activities for the purposes of coastal protection, including conservation, coastal restoration, hurricane protection, and infrastructure directly affected by coastal wetland losses. #####
(B)Mitigation of damage to fish, wildlife, or natural resources. #####
(C)Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan. #####
(D)Mitigation of the impact of outer Continental Shelf activities through the funding of onshore infrastructure projects. #####
(E)Planning assistance and the administrative costs of complying with this section. ####
(2)Limitation Not more than 3 percent of amounts received by a Gulf producing State or coastal political subdivision under subsection
(b)may be used for the purposes described in paragraph (1)(E). ###
(e)Administration Amounts made available under subsection (a)(2) shall— ####
(1)be made available, without further appropriation, in accordance with this section; ####
(2)remain available until expended; and ####
(3)be in addition to any amounts appropriated under— #####
(A)the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); #####
(B)chapter 2003 of title 54, United States Code; or #####
(C)any other provision of law. ###
(f)Limitations on Amount of Distributed Qualified Outer Continental Shelf Revenues ####
(1)In general Subject to paragraph (2), the total amount of qualified outer Continental Shelf revenues made available under subsection (a)(2) shall not exceed— #####
(A)$500,000,000 for each of fiscal years 2016 through 2019; #####
(B)$650,000,000 for each of fiscal years 2020 and 2021; #####
(C)$500,000,000 for each of fiscal years 2022 through 2024; #####
(D)$650,000,000 for each of fiscal years 2025 through 2034; and #####
(E)$500,000,000 for each of fiscal years 2035 through 2055. ####
(2)Expenditures For the purpose of paragraph (1), for each of fiscal years 2016 through 2055, expenditures under subsection (a)(2) shall be net of receipts from that fiscal year from any area in the 181 Area in the Eastern Planning Area and the 181 South Area. ####
(3)Pro rata reductions If paragraph
(1)limits the amount of qualified outer Continental Shelf revenue that would be paid under subparagraphs
(A)and
(B)of subsection (a)(2)— #####
(A)the Secretary shall reduce the amount of qualified outer Continental Shelf revenue provided to each recipient on a pro rata basis; and #####
(B)any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury.
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Sec. 105
DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF REVENUES FROM 181 AREA, 181 SOUTH AREA, AND 2002-2007 PLANNING AREAS OF GULF OF MEXICO
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