---
kind: "section"
citation: "43 U.S.C. § 1356a"
title: "43"
title_heading: "Public Lands"
number: "1356a"
heading: "Coastal impact assistance program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/1356a"
units:
  - "Chapter 29 — Submerged Lands"
  - "Subchapter III — Outer Continental Shelf Lands"
---

# §1356a. Coastal impact assistance program

- (a) **Definitions—** In this section:
  - (1) **Coastal political subdivision—** The term “coastal political subdivision” means a political subdivision of a coastal [State](/usc/43/1301.md?p=g) any part of which political subdivision is—
    - (A) within the [coastal zone](/usc/43/1331.md?p=e) (as defined in section 304 of the [Coastal Zone](/usc/43/1331.md?p=e) Management Act of 1972 ([16 U.S.C. 1453](/usc/16/1453.md))) of the coastal [State](/usc/43/1301.md?p=g) as of August 8, 2005; and
    - (B) not more than 200 nautical miles from the geographic center of any leased tract.
  - (2) **Coastal population—** The term “coastal population” means the population, as determined by the most recent official data of the Census Bureau, of each political subdivision any part of which lies within the designated coastal boundary of a [State](/usc/43/1301.md?p=g) (as defined in a [State](/usc/43/1301.md?p=g)’s [coastal zone](/usc/43/1331.md?p=e) management program under the [Coastal Zone](/usc/43/1331.md?p=e) Management Act of 1972 ([16 U.S.C. 1451](/usc/16/1451.md) et seq.)).
  - (3) **Coastal State—** The term “coastal [State](/usc/43/1301.md?p=g)” has the meaning given the term in section 304 of the [Coastal Zone](/usc/43/1331.md?p=e) Management Act of 1972 ([16 U.S.C. 1453](/usc/16/1453.md)).
  - (4) **Coastline—** The term “coastline” has the meaning given the term “[coast line](/usc/43/1301.md?p=c)” in [section 1301 of this title](/usc/43/1301.md).
  - (5) **Distance—** The term “distance” means the minimum great circle distance, measured in statute miles.
  - (6) **Leased tract—** The term “leased tract” means a tract that is subject to a [lease](/usc/43/1331.md?p=c) under section [1335](/usc/43/1335.md) or [1337](/usc/43/1337.md) of this title for the purpose of drilling for, developing, and producing oil or natural gas resources.
  - (7) **Leasing moratoria—** The term “leasing moratoria” means the prohibitions on preleasing, leasing, and related activities on any geographic area of the [outer Continental Shelf](/usc/43/1331.md?p=a) as contained in sections [107](/usc/43/107.md) through 109 of division E of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 3063).
  - (8) **Political subdivision—** The term “political subdivision” means the local political jurisdiction immediately below the level of [State](/usc/43/1301.md?p=g) government, including counties, parishes, and boroughs.
  - (9) **Producing State—**
    - (A) **In general—** The term “producing [State](/usc/43/1301.md?p=g)” means a coastal [State](/usc/43/1301.md?p=g) that has a coastal seaward boundary within 200 nautical miles of the geographic center of a leased tract within any area of the [outer Continental Shelf](/usc/43/1331.md?p=a).
    - (B) **Exclusion—** The term “producing [State](/usc/43/1301.md?p=g)” does not include a producing [State](/usc/43/1301.md?p=g), a majority of the coastline of which is subject to leasing moratoria, unless [production](/usc/43/1331.md?p=m) was occurring on January 1, 2005, from a [lease](/usc/43/1331.md?p=c) within 10 nautical miles of the coastline of that [State](/usc/43/1301.md?p=g).
  - (10) **Qualified Outer Continental Shelf revenues—**
    - (A) **In general—** The term “qualified [Outer Continental Shelf](/usc/43/1331.md?p=a) revenues” means all amounts received by the United States from each leased tract or portion of a leased tract—
      - (i) lying—
        - (I) seaward of the zone covered by [section 1337(g) of this title](/usc/43/1337.md?p=g); or
        - (II) within that zone, but to which [section 1337(g) of this title](/usc/43/1337.md?p=g) does not apply; and
      - (ii) the geographic center of which lies within a distance of 200 nautical miles from any part of the coastline of any coastal [State](/usc/43/1301.md?p=g).
    - (B) **Inclusions—** The term “qualified [Outer Continental Shelf](/usc/43/1331.md?p=a) revenues” includes bonus bids, rents, royalties (including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil [leases](/usc/43/1331.md?p=c) issued under this subchapter.
    - (C) **Exclusion—** The term “qualified [Outer Continental Shelf](/usc/43/1331.md?p=a) revenues” does not include any revenues from a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium on January 1, 2005, unless the [lease](/usc/43/1331.md?p=c) was in [production](/usc/43/1331.md?p=m) on January 1, 2005.
- (b) **Payments to producing States and coastal political subdivisions—**
  - (1) **In general—** The [Secretary](/usc/43/1331.md?p=b) shall, without further appropriation, disburse to producing [States](/usc/43/1301.md?p=g) and coastal political subdivisions in accordance with this section $250,000,000 for each of fiscal years 2007 through 2010.
  - (2) **Disbursement—** In each fiscal year, the [Secretary](/usc/43/1331.md?p=b) shall disburse to each producing [State](/usc/43/1301.md?p=g) for which the [Secretary](/usc/43/1331.md?p=b) has approved a plan under [subsection (c)](#c), and to coastal political subdivisions under [paragraph (4)](#b-4), such funds as are allocated to the producing [State](/usc/43/1301.md?p=g) or coastal political subdivision, respectively, under this section for the fiscal year.
  - (3) **Allocation among producing States—**
    - (A) **In general—** Except as provided in [subparagraph (C)](#b-3-C) and subject to [subparagraph (D)](#b-3-D), the amounts available under [paragraph (1)](#b-1) shall be allocated to each producing [State](/usc/43/1301.md?p=g) based on the ratio that—
      - (i) the amount of qualified [outer Continental Shelf](/usc/43/1331.md?p=a) revenues generated off the coastline of the producing [State](/usc/43/1301.md?p=g); bears to
      - (ii) the amount of qualified [outer Continental Shelf](/usc/43/1331.md?p=a) revenues generated off the coastline of all producing [States](/usc/43/1301.md?p=g).
    - (B) **Amount of outer Continental Shelf revenues—** For purposes of [subparagraph (A)](#b-3-A)—
      - (i) the amount of qualified [outer Continental Shelf](/usc/43/1331.md?p=a) revenues for each of fiscal years 2007 and 2008 shall be determined using qualified [outer Continental Shelf](/usc/43/1331.md?p=a) revenues received for fiscal year 2006; and
      - (ii) the amount of qualified [outer Continental Shelf](/usc/43/1331.md?p=a) revenues for each of fiscal years 2009 and 2010 shall be determined using qualified [outer Continental Shelf](/usc/43/1331.md?p=a) revenues received for fiscal year 2008.
    - (C) **Multiple producing States—** In a case in which more than one producing [State](/usc/43/1301.md?p=g) is located within 200 nautical miles of any portion of a leased tract, the amount allocated to each producing [State](/usc/43/1301.md?p=g) for the leased tract shall be inversely proportional to the distance between—
      - (i) the nearest point on the coastline of the producing [State](/usc/43/1301.md?p=g); and
      - (ii) the geographic center of the leased tract.
    - (D) **Minimum allocation—** The amount allocated to a producing [State](/usc/43/1301.md?p=g) under [subparagraph (A)](#b-3-A) shall be at least 1 percent of the amounts available under [paragraph (1)](#b-1).
  - (4) **Payments to coastal political subdivisions—**
    - (A) **In general—** The [Secretary](/usc/43/1331.md?p=b) shall pay 35 percent of the allocable share of each producing [State](/usc/43/1301.md?p=g), as determined under [paragraph (3)](#b-3) to the coastal political subdivisions in the producing [State](/usc/43/1301.md?p=g).
    - (B) **Formula—** Of the amount paid by the [Secretary](/usc/43/1331.md?p=b) to coastal political subdivisions under [subparagraph (A)](#b-4-A)—
      - (i) 25 percent shall be allocated to each coastal political subdivision in the proportion that—
        - (I) the coastal population of the coastal political subdivision; bears to
        - (II) the coastal population of all coastal political subdivisions in the producing [State](/usc/43/1301.md?p=g);
      - (ii) 25 percent shall be allocated to each coastal political subdivision in the proportion that—
        - (I) the number of miles of coastline of the coastal political subdivision; bears to
        - (II) the number of miles of coastline of all coastal political subdivisions in the producing [State](/usc/43/1301.md?p=g); and
      - (iii) 50 percent shall be allocated in amounts that are inversely proportional to the respective distances between the points in each coastal political subdivision that are closest to the geographic center of each leased tract, as determined by the [Secretary](/usc/43/1331.md?p=b).
    - (C) **Exception for the State of Louisiana—** For the purposes of [subparagraph (B)(ii)](#b-4-B-ii), the coastline for coastal political subdivisions in the [State](/usc/43/1301.md?p=g) of Louisiana without a coastline shall be considered to be ⅓ the average length of the coastline of all coastal political subdivisions with a coastline in the [State](/usc/43/1301.md?p=g) of Louisiana.
    - (D) **Exception for the State of Alaska—** For the purposes of carrying out [subparagraph (B)(iii)](#b-4-B-iii) in the [State](/usc/43/1301.md?p=g) of Alaska, the amounts allocated shall be divided equally among the two coastal political subdivisions that are closest to the geographic center of a leased tract.
    - (E) **Exclusion of certain leased tracts—** For purposes of [subparagraph (B)(iii)](#b-4-B-iii), a leased tract or portion of a leased tract shall be excluded if the tract or portion of a leased tract is located in a geographic area subject to a leasing moratorium on January 1, 2005, unless the [lease](/usc/43/1331.md?p=c) was in [production](/usc/43/1331.md?p=m) on that date.
  - (5) **No approved plan—**
    - (A) **In general—** Subject to [subparagraph (B)](#b-5-B) and except as provided in [subparagraph (C)](#b-5-C), in a case in which any amount allocated to a producing [State](/usc/43/1301.md?p=g) or coastal political subdivision under paragraph [(4)](#b-4) or [(5)](#b-5) is not disbursed because the producing [State](/usc/43/1301.md?p=g) does not have in effect a plan that has been approved by the [Secretary](/usc/43/1331.md?p=b) under [subsection (c)](#c), the [Secretary](/usc/43/1331.md?p=b) shall allocate the undisbursed amount equally among all other producing [States](/usc/43/1301.md?p=g).
    - (B) **Retention of allocation—** The [Secretary](/usc/43/1331.md?p=b) shall hold in escrow an undisbursed amount described in [subparagraph (A)](#b-5-A) until such date as the final appeal regarding the disapproval of a plan submitted under [subsection (c)](#c) is decided.
    - (C) **Waiver—** The [Secretary](/usc/43/1331.md?p=b) may waive [subparagraph (A)](#b-5-A) with respect to an allocated share of a producing [State](/usc/43/1301.md?p=g) and hold the allocable share in escrow if the [Secretary](/usc/43/1331.md?p=b) determines that the producing [State](/usc/43/1301.md?p=g) is making a good faith effort to develop and submit, or update, a plan in accordance with [subsection (c)](#c).
- (c) **Coastal impact assistance plan—**
  - (1) **Submission of State plans—**
    - (A) **In general—** Not later than July 1, 2008, the [Governor](/usc/43/1331.md?p=j) of a producing [State](/usc/43/1301.md?p=g) shall submit to the [Secretary](/usc/43/1331.md?p=b) a coastal impact assistance plan.
    - (B) **Public participation—** In carrying out [subparagraph (A)](#c-1-A), the [Governor](/usc/43/1331.md?p=j) shall solicit local input and provide for public participation in the [development](/usc/43/1331.md?p=l) of the plan.
  - (2) **Approval—**
    - (A) **In general—** The [Secretary](/usc/43/1331.md?p=b) shall approve a plan of a producing [State](/usc/43/1301.md?p=g) submitted under [paragraph (1)](#c-1) before disbursing any amount to the producing [State](/usc/43/1301.md?p=g), or to a coastal political subdivision located in the producing [State](/usc/43/1301.md?p=g), under this section.
    - (B) **Components—** The [Secretary](/usc/43/1331.md?p=b) shall approve a plan submitted under [paragraph (1)](#c-1) if—
      - (i) the [Secretary](/usc/43/1331.md?p=b) determines that the plan is consistent with the uses described in [subsection (d)](#d); and
      - (ii) the plan contains—
        - (I) the name of the [State](/usc/43/1301.md?p=g) agency that will have the authority to represent and act on behalf of the producing [State](/usc/43/1301.md?p=g) in dealing with the [Secretary](/usc/43/1331.md?p=b) for purposes of this section;
        - (II) a program for the implementation of the plan that describes how the amounts provided under this section to the producing [State](/usc/43/1301.md?p=g) will be used;
        - (III) for each coastal political subdivision that receives an amount under this section—
          - (aa) the name of a contact [person](/usc/43/1301.md?p=h); and
          - (bb) a description of how the coastal political subdivision will use amounts provided under this section;
        - (IV) a certification by the [Governor](/usc/43/1331.md?p=j) that ample opportunity has been provided for public participation in the [development](/usc/43/1331.md?p=l) and revision of the plan; and
        - (V) a description of measures that will be taken to determine the availability of assistance from other relevant Federal resources and programs.
  - (3) **Amendment—** Any amendment to a plan submitted under [paragraph (1)](#c-1) shall be—
    - (A) developed in accordance with this subsection; and
    - (B) submitted to the [Secretary](/usc/43/1331.md?p=b) for approval or disapproval under [paragraph (4)](#c-4).
  - (4) **Procedure—** Not later than 90 days after the date on which a plan or amendment to a plan is submitted under paragraph [(1)](#c-1) or [(3)](#c-3), the [Secretary](/usc/43/1331.md?p=b) shall approve or disapprove the plan or amendment.
- (d) **Authorized uses—**
  - (1) **In general—** A producing [State](/usc/43/1301.md?p=g) or coastal political subdivision shall use all amounts received under this section, including any amount deposited in a trust fund that is administered by the [State](/usc/43/1301.md?p=g) or coastal political subdivision and dedicated to uses consistent with this section, in accordance with all applicable Federal and [State](/usc/43/1301.md?p=g) laws, only for one or more of the following purposes:
    - (A) Projects and activities for the conservation, protection, or restoration of coastal areas, including wetland.
    - (B) Mitigation of damage to fish, wildlife, or [natural resources](/usc/43/1301.md?p=e).
    - (C) Planning assistance and the administrative costs of complying with this section.
    - (D) Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan.
    - (E) Mitigation of the impact of [outer Continental Shelf](/usc/43/1331.md?p=a) activities through funding of onshore infrastructure projects and public service needs.
  - (2) **Compliance with authorized uses—** If the [Secretary](/usc/43/1331.md?p=b) determines that any expenditure made by a producing [State](/usc/43/1301.md?p=g) or coastal political subdivision is not consistent with this subsection, the [Secretary](/usc/43/1331.md?p=b) shall not disburse any additional amount under this section to the producing [State](/usc/43/1301.md?p=g) or the coastal political subdivision until such time as all amounts obligated for unauthorized uses have been repaid or reobligated for authorized uses.
  - (3) **Limitation—** Not more than 23 percent of amounts received by a producing [State](/usc/43/1301.md?p=g) or coastal political subdivision for any 1 fiscal year shall be used for the purposes described in subparagraphs [(C)](#d-1-C) and [(E)](#d-1-E) of paragraph (1).
- (e) **Emergency funding—**
  - (1) **In general—** In response to a spill of national significance under the Oil Pollution Act of 1990 ([33 U.S.C. 2701](/usc/33/2701.md) et seq.), at the request of a producing [State](/usc/43/1301.md?p=g) or coastal political subdivision and notwithstanding the requirements of part [12](/usc/43/12.md) of title 43, Code of Federal Regulations (or a successor regulation), the [Secretary](/usc/43/1331.md?p=b) may immediately disburse funds allocated under this section for 1 or more individual projects that are—
    - (A) consistent with [subsection (d)](#d); and
    - (B) specifically designed to respond to the spill of national significance.
  - (2) **Approval by Secretary—** The [Secretary](/usc/43/1331.md?p=b) may, in the sole discretion of the [Secretary](/usc/43/1331.md?p=b), approve, on a project by project basis, the immediate disbursal of the funds under [paragraph (1)](#e-1).
  - (3) **State requirements—**
    - (A) **Additional information—** If the [Secretary](/usc/43/1331.md?p=b) approves a project for funding under this subsection that is included in a plan previously approved under [subsection (c)](#c), not later than 90 days after the date of the funding approval, the producing [State](/usc/43/1301.md?p=g) or coastal political subdivision shall submit to the [Secretary](/usc/43/1331.md?p=b) any additional information that the [Secretary](/usc/43/1331.md?p=b) determines to be necessary to ensure that the project is in compliance with [subsection (d)](#d).
    - (B) **Amendment to plan—** If the [Secretary](/usc/43/1331.md?p=b) approves a project for funding under this subsection that is not included in a plan previously approved under [subsection (c)](#c), not later than 90 days after the date of the funding approval, the producing [State](/usc/43/1301.md?p=g) or coastal political subdivision shall submit to the [Secretary](/usc/43/1331.md?p=b) for approval an amendment to the plan that includes any projects funded under [paragraph (1)](#e-1), as well as any information about such projects that the [Secretary](/usc/43/1331.md?p=b) determines to be necessary to ensure that the project is in compliance with [subsection (d)](#d).
    - (C) **Limitation—** If a producing [State](/usc/43/1301.md?p=g) or coastal political subdivision does not submit the additional information or amendments to the plan required by this paragraph, or if, based on the information submitted by the [Secretary](/usc/43/1331.md?p=b) determines that the project is not in compliance with [subsection (d)](#d), by the deadlines specified in this paragraph, the [Secretary](/usc/43/1331.md?p=b) shall not disburse any additional funds to the producing [State](/usc/43/1301.md?p=g) or the coastal political subdivisions until the date on which the additional information or amendment to the plan has been approved by the [Secretary](/usc/43/1331.md?p=b).

## Source credit

(Aug. 7, 1953, ch. 345, § 31, as added Pub. L. 106–553, § 1(a)(2) [title IX, § 903], Dec. 21, 2000, 114 Stat. 2762, 2762A–124; amended Pub. L. 109–58, title III, § 384, Aug. 8, 2005, 119 Stat. 739; Pub. L. 111–212, title III, § 3013, July 29, 2010, 124 Stat. 2341.)

## Notes

### Editorial Notes

### References in Text

The Coastal Zone Management Act of 1972, referred to in subsec. (a)(2), is title III of Pub. L. 89–454, as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 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.

Sections 107 through 109 of division E of the Consolidated Appropriations Act, 2005, referred to in subsec. (a)(7), are sections 107 to 109 of Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3063, 3064, which are not classified to the Code.

The Oil Pollution Act of 1990, referred to in subsec. (e)(1), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, which is classified principally to chapter 40 (§ 2701 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 33 and Tables.

### Amendments

2010—Subsec. (e). Pub. L. 111–212 added subsec. (e).

2005—Pub. L. 109–58 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) to (g) relating to construction of section, definitions, authorization of appropriations, payments to States and political subdivisions, coastal impact assistance plan by the Governor of each producing coastal State, authorized uses of amounts provided, and repayment of amounts inconsistent with authorized uses.