1625-0044 StatA

Page 329

TITLE 43—PUBLIC LANDS

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.
(Aug. 7, 1953, ch. 345, § 29, as added Pub. L. 95–372,
title II, § 208, Sept. 18, 1978, 92 Stat. 668.)
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.
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, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.

§ 1356. Documentary, registry and manning requirements
(a) Regulations
Within six months after September 18, 1978,
the Secretary of the Department in which the

§ 1356

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

§ 1356a

TITLE 43—PUBLIC LANDS

§ 1356a. Coastal impact assistance
(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.
1 See
2 So

References in Text note below.
in original. Probably should be ‘‘section’’.

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(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 subdivi-