II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coastal Conservation 

5 and Habitat Restoration Act of 2006’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COASTAL POLITICAL SUBDIVISION.—The 

4 term ‘‘coastal political subdivision’’ means a county, 

5 parish, or other equivalent subdivision of a Coastal 

6 State, all or part of which, on the date of the enact7 ment of this Act, lies within the boundaries of the 

8 coastal zone of the State, as identified in the coastal 

9 zone management program of the State approved 

10 under the Coastal Zone Management Act of 1972 

11 (16 U.S.C. 1451 et seq.). 

12 (2) COASTAL STATE.—Except as otherwise pro13 vided, the term ‘‘coastal State’’ shall have the mean14 ing given such term in section 304 of the Coastal 

15 Zone Management Act of 1972 (16 U.S.C. 1453) 

16 (3) COASTAL ZONE.—The term ‘‘coastal zone’’ 

17 means the coastal zone as determined under the 

18 Coastal Zone Management Act of 1972 (16 U.S.C. 

19 1451 et seq.) on the date of the enactment of this 

20 Act. 

21 (4) COASTLINE.—The term ‘‘coastline’’ has the 

22 meaning given the term ‘‘coast line’’ in section 2(c) 

23 of the Submerged Lands Act (43 U.S.C. 1301(c)). 

24 (5) FUND.—The term ‘‘Fund’’ means the 

25 Coastal Conservation and Habitat Restoration Fund 

26 established by section 3. 


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1 (6) PLAN.—The term ‘‘Plan’’ means a Coastal 

2 Conservation and Habitat Restoration Plan de3 scribed in section 4. 

4 (7) QUALIFIED OUTER CONTINENTAL SHELF

5 REVENUES.—The term ‘‘qualified outer Continental 

6 Shelf revenues’’ means all amounts received by the 

7 United States, from each leased tract or portion of 

8 a leased tract lying seaward of the zone defined and 

9 governed by section 8(g) of the Outer Continental 

10 Shelf Lands Act (43 U.S.C. 1337(g)) (or lying with11 in that zone but to which such section 8(g) does not 

12 apply), including bonus bids, rents, royalties (includ13 ing payments for royalties taken in kind and sold), 

14 net profit share payments, and related interest. 

15 (8) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Commerce. 

17 SEC. 3. COASTAL CONSERVATION AND HABITAT RESTORA18 TION FUND. 

19 (a) ESTABLISHMENT.—There is established in the 

20 Treasury of the United States a separate account to be 

21 known as the ‘‘Coastal Conservation and Habitat Restora22 tion Fund’’. 

23 (b) DEPOSITED AMOUNTS.—The Secretary of the 

24 Treasury shall deposit into the Fund for each fiscal year, 

25 without further appropriation, the following amounts: 


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1 (1) DIGITAL TRANSITION AND PUBLIC SAFETY

2 FUND.—Amounts deposited in the Digital Transition 

3 and Public Safety Fund that exceed 

4 $11,000,000,000. 

5 (2) ROYALTY REVENUES.—During each of the 

6 fiscal years 2006 through 2016, an amount equal to 

7 the amount of all qualified outer Continental Shelf 

8 revenues attributable to royalties received by the 

9 United States during the previous fiscal year that 

10 are in excess of the following amount for the appli11 cable year: 

12 (A) $7,000,000,000 in the case of royalties 

13 received in fiscal year 2006. 

14 (B) $8,300,000,000 in the case of royalties 

15 received in fiscal year 2007. 

16 (C) $9,500,000,000 in the case of royalties 

17 received in fiscal year 2008. 

18 (D) $9,100,000,000 in the case of royalties 

19 received in fiscal year 2009. 

20 (E) $9,600,000,000 in the case of royalties 

21 received in fiscal year 2010. 

22 (F) $9,650,000,000 in the case of royalties 

23 received in fiscal year 2011. 

24 (G) $9,100,000,000 in the case of royalties 

25 received in fiscal year 2012. 


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1 (H) $10,900,000,000 in the case of royal2 ties received in fiscal year 2013. 

3 (I) $10,900,000,000 in the case of royal4 ties received in fiscal year 2014. 

5 (J) $11,000,000,000 in the case of royal6 ties received in fiscal year 2015. 

7 (K) $11,100,000,000 in the case of royal8 ties received in fiscal year 2016. 

9 (3) BONUS BIDS.—During the fiscal years 2006 

10 through 2016, an amount equal to the amount of all 

11 qualified outer Continental Shelf revenues attrib12 utable to bonus bids received by the United States 

13 that are in excess of $850,000,000 during the pre14 vious fiscal year. 

15 (4) OCEAN ACTIVITIES.—During a fiscal year 

16 after 2016, an amount equal to 50 percent of all 

17 qualified outer Continental Shelf revenues received 

18 by the United States during the preceding fiscal 

19 year. 

20 (5) OTHER FUNDS.—Any other amounts that 

21 are appropriated to the Fund. 

22 (c) APPORTIONMENT OF FUNDS.— 

23 (1) IN GENERAL.—The Secretary shall use 

24 amounts in the Fund remaining after the application 

25 of subsection (d), without further appropriation, to 


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1 make payments to each coastal State, if the Sec2 retary has approved a Plan for such State under 

3 section 4, during December of 2005, and December 

4 of each year thereafter, from revenues in the Fund 

5 based upon calculations from revenues generated in 

6 the immediately preceding fiscal year. 

7 (2) ALLOCATION.—The payments made under 

8 paragraph (1) shall be allocated as follows: 

9 (A) 20 percent shall be apportioned among 

10 the coastal States so that the ratio of the 

11 amount apportioned to each coastal State under 

12 this subparagraph bears to the total amount so 

13 apportioned for the fiscal year is equal to the 

14 ratio that the coastline of such State bears to 

15 the total coastline of all coastal States, as de16 termined by the Secretary. 

17 (B) 40 percent shall be apportioned among 

18 the coastal States so that the ratio of the 

19 amount apportioned to each coastal State under 

20 this subparagraph bears to the total amount so 

21 apportioned for the fiscal year is equal to the 

22 ratio that the average qualified outer Conti23 nental Shelf revenues generated off the coast24 line of such State over the previous 40 year pe25 riod to the average qualified outer Continental 


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1 Shelf revenues generated off the coastline of all 

2 coastal States over the previous 40 year period. 

3 (C) 40 percent shall be apportioned among 

4 the coastal States so that the ratio of the 

5 amount apportioned to each coastal State under 

6 this subparagraph bears to the total amount so 

7 apportioned is equal to the ratio of qualified 

8 outer Continental Shelf revenues generated off 

9 the coastline of a coastal State for the previous 

10 fiscal year to the qualified outer Continental 

11 Shelf revenues generated off the coastline of all 

12 coastal States during the previous fiscal year. 

13 (3) PAYMENTS TO COASTAL POLITICAL SUB14 DIVISIONS.— 

15 (A) IN GENERAL.—The Secretary shall pay 

16 35 percent of the amount allocated to each 

17 coastal State, as determined under paragraph 

18 (2), to the coastal political subdivisions of such 

19 coastal State. 

20 (B) ALLOCATION.—Of the amount paid to 

21 coastal political subdivisions of a coastal State 

22 under subparagraph (A), 100 percent shall be 

23 apportioned among such coastal political sub24 divisions so that the ratio of the amount appor25 tioned to each coastal political subdivision 


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1 under this subparagraph bears to the total 

2 amount so apportioned for the fiscal year for 

3 the coastal State is equal to the ratio that the 

4 coastline of such coastal political subdivision 

5 bears to the total coastline of the coastal State, 

6 as determined by the Secretary. 

7 (4) DETERMINATION OFQUALIFIED OUTER

8 CONTINENTAL SHELFREVENUES.—For purposes of 

9 paragraph (2), qualified outer Continental Shelf rev10 enues shall be considered to be generated off the 

11 coastline of a State if such revenues were produced 

12 within the area offshore of the State identified as 

13 the Federal Outer Continental Shelf administrative 

14 boundary of the State by the Director of the Min15 erals Management Service in the notice published 

16 January 3, 2006, entitled Federal Outer Continental 

17 Shelf (OCS) Administrative Boundaries Extending 

18 from the Submerged Lands Act Boundary seaward 

19 to the Limit of the United States Outer Continental 

20 Shelf (71 Fed. Reg. 127). 

21 (5) NOTIFICATION.—The Secretary shall notify 

22 each coastal State of its apportionment and the 

23 amounts of such apportionment shall be available to 

24 such State to carry out activities described in such 

25 State’s approved Plan. 


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1 (6) REAPPORTIONMENT.—Any amount of any 

2 apportionment under this subsection that has not 

3 been paid or obligated by the Secretary during the 

4 fiscal year in which such notification is given and 

5 the two fiscal years thereafter shall be reallocated by 

6 the Secretary in accordance with paragraph (2). 

7 (7) TREATMENT OFSTATES.— 

8 (A) SPECIAL RULE FOR APPORTION9 MENT.—For the purposes of payment and allo10 cation under paragraphs (1) and (2), Puerto 

11 Rico, the Virgin Islands, Guam, and American 

12 Samoa— 

13 (i) shall be treated collectively as one 

14 coastal State; and 

15 (ii) shall each be allocated an equal 

16 share of any amount distributed to them 

17 pursuant to paragraph (2). 

18 (B) OTHER PURPOSES.—Each of the areas 

19 referred to in subparagraph (A) shall be treated 

20 as a State for all other purposes of this Act. 

21 (d) ADMINISTRATIVE COSTS.—The Secretary may 

use not more than 1 22 ⁄2 of 1 percent of the amount in the 

23 Fund during a fiscal year to pay the administrative costs 

24 of implementing this Act. 


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1 SEC. 4. COASTAL CONSERVATION AND HABITAT RESTORA2 TION PLAN. 

3 (a) REQUIREMENT FOR PLAN.— 

4 (1) IN GENERAL.—The Secretary may provide 

5 amounts from the Fund to a coastal State under 

6 section 3 only if the Secretary has approved a Coast7 al Conservation and Habitat Restoration Plan for 

8 such coastal State as described in this section. 

9 (2) PLANS BY POLITICAL SUBDIVISION.—The 

10 Governor shall include in the Plan submitted by the 

11 State any Plan prepared by a coastal political sub12 division of the State. 

13 (b) CONTENT OF PLAN.—A Plan submitted under 

14 this section shall include activities to be carried out— 

15 (1) to implement a management program ap16 proved under section 306 of the Coastal Zone Man17 agement Act of 1972 (16 U.S.C. 1455); 

18 (2) to conserve and restore coastal lands and 

19 wetlands, including measures to address subsidence; 

20 (3) to protect areas of the coastal zone from 

21 damage attributable to natural disasters, including 

22 activities to protect property and lives from natural 

23 disasters; 

24 (4) to improve the knowledge and under25 standing of coastal habitats, including the acquisiVerDate Aug 31 2005 05:40 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2422.IS S2422

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1 tion and installation of equipment designed to collect 

2 data on such habitats; 

3 (5) to restore fisheries and coastal habitat; and 

4 (6) to mitigate and prevent damages from off5 shore activities carried out in or near the coastal 

6 zone. 

7 (c) REQUIREMENT FOR PUBLIC PARTICIPATION.—In 

8 the development of the Plan, the Governor and the coastal 

9 political subdivision shall— 

10 (1) solicit local input; and 

11 (2) provide for public participation. 

12 (d) SCHEDULE FOR REVIEW.—Not later than 90 

13 days after a Plan of a State is submitted under this sub14 section, the Secretary shall approve or disapprove the 

15 plan. 

16 (e) AMENDMENTS OR MODIFICATION.—Any amend17 ment to or revision of a plan approved under this section 

18 shall be— 

19 (1) prepared and submitted in accordance with 

20 the requirements of this section; and 

21 (2) approved or disapproved by the Secretary 

22 not later than 90 days after such amendment or re23 vision is submitted. 


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1 (f) USE OF FUNDS.—A coastal State and a coastal 

2 political subdivision shall use any grant received under 

3 this Act— 

4 (1) to carry out activities described in the Plan 

5 for such coastal State approved by the Secretary in 

6 a manner that is consistent with Federal and State 

7 law; and 

8 (2) for any payment that is eligible to be made 

9 with funds provided to States under section 35 of 

10 the Mineral Leasing Act (30 U.S.C. 191). 

11 (g) IMPROPER USE OF FUNDS.—If the Secretary de12 termines that an expenditure made by a coastal State or 

13 coastal political subdivision is not in accordance with the 

14 approved Plan of the State (including any plan of a coastal 

15 political subdivision included in the plan of the State), the 

16 Secretary shall not disburse any additional amount under 

17 this Act to such State or subdivision until— 

18 (1) the amount of the expenditure is repaid to 

19 the Secretary; or 

20 (2) the Secretary approves an amendment to 

21 the plan that authorizes the expenditure. 

22 (h) REQUIREMENT FOR SIGNAGE.—The Secretary 

23 shall require, as a condition of any allocation of funds pro24 vided under this section, that Coastal State or coastal po25 litical subdivision shall include on any sign installed at a 


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1 site at or near an entrance or public use area for which 

2 funds provided under this Act are used a statement that 

3 the existence or development of the site is a product of 

4 those funds. 

5 (i) ANNUAL REPORT.— 

6 (1) REQUIREMENT FOR REPORT.—The Gov7 ernor of a Coastal State, in coordination with the 

8 coastal political subdivisions of that State, shall sub9 mit an annual report to the Secretary that describes 

10 all funds received under this Act during the previous 

11 fiscal year and the use of such funds. 

12 (2) INCORPORATION BY REFERENCE.—The an13 nual report required by paragraph (1) may incor14 porate by reference any other report required to be 

15 submitted under another provision of law. 

16 SEC. 5. ARBITRATION. 

17 The Secretary may require, as a condition of any pay18 ment under this section, that a coastal State or coastal 

19 political subdivision shall submit to arbitration— 

20 (1) any dispute between the Coastal State or 

21 coastal political subdivision and the Secretary re22 garding implementation of this Act; and 

23 (2) any dispute between the Coastal State and 

24 political subdivision regarding implementation of this 

25 Act, including any failure to include in the plan subVerDate Aug 31 2005 05:40 Mar 16, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2422.IS S2422

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1 mitted by the State under section 3 any spending 

2 plan of the coastal political subdivision. 

3 SEC. 6. CONSTRUCTION. 

4 Nothing in this Act shall be construed as repealing, 

5 superseding, modifying, or otherwise affect any authority 

6 or moratoria regarding leasing of offshore energy re7 sources in effect on the date of enactment of this Act. 

Æ 


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