HR 6 EAS1S/PP
(II) depicted on an outer Conti-
1
nental Shelf official protraction dia-
2
gram.
3
(B) E
XCLUSION
.—The term ‘‘leased tract’’
4
does not include a tract described in subpara-
5
graph (A) that is located in a geographic area
6
subject to a leasing moratorium on January 1,
7
2001, unless the lease was in production on that
8
date.
9
(6) OCS
POLITICAL
SUBDIVISION
.—The term
10
‘‘OCS political subdivision’’ means a county, parish,
11
borough or any equivalent subdivision of an OCS
12
Production State all or part of which subdivision lies
13
within the coastal zone (as defined in section 304(1)
14
of the Coastal Zone Management Act of 1972 (16
15
U.S.C. 1453(1)).
16
(7) OCS
PRODUCTION STATE
.—The term ‘‘OCS
17
Production State’’ means the State of—
18
(A) Alaska;
19
(B) Alabama;
20
(C) California;
21
(D) Florida;
22
(E) Louisiana;
23
(F) Mississippi; or
24
(G) Texas.
25
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HR 6 EAS1S/PP
(8) P
RODUCTION
.—The term ‘‘production’’ has
1
the meaning given the term in section 2 of the Outer
2
Continental Shelf Lands Act (43 U.S.C. 1331).
3
(9) P
ROGRAM
.—The term ‘‘program’’ means the
4
Outer Continental Shelf Energy Infrastructure Secu-
5
rity Program established under subsection (b).
6
(10) Q
UALIFIED
OUTER
CONTINENTAL
SHELF
7
REVENUES
.—The term ‘‘qualified Outer Continental
8
Shelf revenues’’ means all amounts received by the
9
United States from each leased tract or portion of a
10
leased tract lying seaward of the zone defined and
11
governed by section 8(g) of the Outer Continental
12
Shelf Lands Act (43 U.S.C. 1331 et seq.), or lying
13
within such zone but to which section 8(g) does not
14
apply, the geographic center of which lies within a
15
distance of 200 miles from any part of the coastline
16
of any State, including bonus bids, rents, royalties
17
(including payments for royalties taken in kind and
18
sold), net profit share payments, and related late pay-
19
ment interest. Such term does not include any reve-
20
nues from a leased tract or portion of a leased tract
21
that is included within any area of the Outer Conti-
22
nental Shelf where a moratorium on new leasing was
23
in effect as of January 1, 2001, unless the lease was
24
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HR 6 EAS1S/PP
issued prior to the establishment of the moratorium
1
and was in production on January 1, 2001.
2
(11) S
ECRETARY
.—The term ‘‘Secretary’’ means
3
the Secretary of the Interior.
4
(12) S
TATE
PLAN
.—The term ‘‘State plan’’
5
means a State plan described in subsection (b).
6
(b) E
STABLISHMENT
.—The Secretary shall establish a
7
program, to be known as the ‘‘Outer Continental Shelf En-
8
ergy Infrastructure Security Program’’, under which the
9
Secretary shall provide funds to OCS Production States to
10
implement approved State plans to provide security against
11
hostile and natural threats to critical OCS energy infra-
12
structure facilities and support of any necessary public
13
service or transportation activities that are needed to main-
14
tain the safety and operation of critical energy infrastruc-
15
ture activities. For purposes of this program, restoration
16
of any coastal wetland shall be considered to be an activity
17
that secures critical OCS energy infrastructure facilities
18
from a natural threat.
19
(c) S
TATE
P
LANS
.—
20
(1) I
NITIAL
PLAN
.—Not later than 180 days
21
after the date of enactment of this Act, to be eligible
22
to receive funds under the program, the Governor of
23
an OCS Production State shall submit to the Sec-
24
retary a plan to provide security against hostile and
25
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HR 6 EAS1S/PP
natural threats to critical energy infrastructure facili-
1
ties in the OCS Production State and to support any
2
of the necessary public service or transportation ac-
3
tivities that are needed to maintain the safety and
4
operation of critical energy infrastructure facilities.
5
Such plan shall include—
6
(A) the name of the State agency that will
7
have the authority to represent and act for the
8
State in dealing with the Secretary for purposes
9
of this section;
10
(B) a program for the implementation of
11
the plan which describes how the amounts pro-
12
vided under this section will be used;
13
(C) a contact for each OCS political sub-
14
division and description of how such political
15
subdivisions will use amounts provided under
16
this section, including a certification by the Gov-
17
ernor that such uses are consistent with the re-
18
quirements of this section; and
19
(D) measures for taking into account other
20
relevant Federal resources and programs.
21
(2) A
NNUAL REVIEWS
.—Not later than 1 year
22
after the date of submission of the plan and annually
23
thereafter, the Governor of an OCS Production State
24
shall—
25
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HR 6 EAS1S/PP
(A) review the approved State plan; and
1
(B) submit to the Secretary any revised
2
State plan resulting from the review.
3
(3) A
PPROVAL OF PLANS
.—
4
(A) I
N GENERAL
.—In consultation with ap-
5
propriate Federal security officials and the Sec-
6
retaries of Commerce and Energy, the Secretary
7
shall—
8
(i) approve each State plan; or
9
(ii) recommend changes to the State
10
plan.
11
(B) R
ESUBMISSION OF STATE PLANS
.—If
12
the Secretary recommends changes to a State
13
plan under subparagraph (A)(ii), the Governor
14
of the OCS Production State may resubmit a re-
15
vised State plan to the Secretary for approval.
16
(4) A
VAILABILITY
OF
PLANS
.—The Secretary
17
shall provide to Congress a copy of each approved
18
State plan.
19
(5) C
ONSULTATION AND PUBLIC COMMENT
.—
20
(A) C
ONSULTATION
.—The Governor of an
21
OCS Production State shall develop the State
22
plan in consultation with Federal, State, and
23
local law enforcement and public safety officials,
24
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HR 6 EAS1S/PP
industry, Indian tribes, the scientific commu-
1
nity, and other persons as appropriate.
2
(B) P
UBLIC COMMENT
.—The Governor of
3
an OCS Production State may solicit public
4
comments on the State plan to the extent that the
5
Governor determines to be appropriate.
6
(d) A
LLOCATION OF
A
MOUNTS BY THE
S
ECRETARY
.—
7
The Secretary shall allocate the amounts made available for
8
the purposes of carrying out the program provided for by
9
this section among OCS Production States as follows:
10
(1) twenty-five percent of the amounts shall be
11
divided equally among OCS Production States.
12
(2) seventy-five percent of the amounts shall be
13
divided among OCS Production States on the basis of
14
the proximity of each OCS Production State to off-
15
shore locations at which oil and gas are being pro-
16
duced.
17
(e) C
ALCULATION
.—The amount for each OCS Produc-
18
tion State under paragraph (d)(2) shall be calculated based
19
on the ratio of qualified OCS revenues generated off the
20
coastline of the OCS Production State to the qualified OCS
21
revenues generated off the coastlines of all OCS Production
22
States for the prior 5-year period. Where there is more than
23
one OCS Production State within 200 miles of a leased
24
tract, the amount of each OCS Production State’s payment
25
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HR 6 EAS1S/PP
under paragraph (d)(2) for such leased tract shall be in-
1
versely proportional to the distance between the nearest
2
point on the coastline of such State and the geographic cen-
3
ter of each leased tract or portion of the leased tract (to
4
the nearest whole mile) that is within 200 miles of that
5
coastline, as determined by the Secretary. A leased tract or
6
portion of a leased tract shall be excluded if the tract or
7
portion is located in a geographic area where a moratorium
8
on new leasing was in effect on January 1, 2001, unless
9
the lease was issued prior to the establishment of the mora-
10
torium and was in production on January 1, 2001.
11
(f) P
AYMENTS TO
OCS P
OLITICAL
S
UBDIVISIONS
.—
12
Thirty-five percent of each OCS Production State’s allo-
13
cable share as determined under subsection (e) shall be paid
14
directly to the OCS political subdivisions by the Secretary
15
based on the following formula:
16
(1) twenty-five percent shall be allocated based
17
on the ratio of such OCS political subdivision’s popu-
18
lation to the population of all OCS political subdivi-
19
sions in the OCS Production State.
20
(2) twenty-five percent shall be allocated based
21
on the ratio of such OCS political subdivision’s coast-
22
line miles to the coastline miles of all OCS political
23
subdivisions in the OCS Production State. For pur-
24
poses of this subsection, those OCS political subdivi-
25
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HR 6 EAS1S/PP
sions without coastlines shall be considered to have a
1
coastline that is the average length of the coastlines of
2
all political subdivisions in the State.
3
(3) fifty percent shall be allocated based on the
4
relative distance of such OCS political subdivision
5
from any leased tract used to calculate that OCS Pro-
6
duction State’s allocation using ratios that are in-
7
versely proportional to the distance between the point
8
in the coastal political subdivision closest to the geo-
9
graphic center of each leased tract or portion, as de-
10
termined by the Secretary. For purposes of the cal-
11
culations under this subparagraph, a leased tract or
12
portion of a leased tract shall be excluded if the leased
13
tract or portion is located in a geographic area where
14
a moratorium on new leasing was in effect on Janu-
15
ary 1, 2001, unless the lease was issued prior to the
16
establishment of the moratorium and was in produc-
17
tion on January 1, 2001.
18
(g) F
AILURE
T
O
H
AVE
P
LAN
A
PPROVED
.—Any
19
amount allocated to an OCS Production State or OCS po-
20
litical subdivision but not disbursed because of a failure to
21
have an approved Plan under this section shall be allocated
22
equally by the Secretary among all other OCS Production
23
States in a manner consistent with this subsection except
24
that the Secretary shall hold in escrow such amount until
25
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HR 6 EAS1S/PP
the final resolution of any appeal regarding the disapproval
1
of a plan submitted under this section. The Secretary may
2
waive the provisions of this paragraph and hold an OCS
3
Production State’s allocable share in escrow if the Secretary
4
determines that such State is making a good faith effort
5
to develop and submit, or update, a Plan.
6
(h) U
SE
OF
A
MOUNTS
A
LLOCATED
BY
THE
S
EC
-
7
RETARY
.—
8
(1) I
N GENERAL
.—Amounts allocated by the Sec-
9
retary under subsection (d) may be used only in ac-
10
cordance with a plan approved pursuant to sub-
11
section (c) for—
12
(A) activities to secure critical OCS energy
13
infrastructure facilities from human or natural
14
threats; and
15
(B) support of any necessary public service
16
or transportation activities that are needed to
17
maintain the safety and operation of critical
18
OCS energy infrastructure facilities.
19
(2) R
ESTORATION OF COASTAL WETLAND
.—For
20
the purpose of subparagraph (1)(A), restoration of
21
any coastal wetland shall be considered to be an ac-
22
tivity that secures critical OCS energy infrastructure
23
facilities from a natural threat.
24
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HR 6 EAS1S/PP
(i) F
AILURE
T
O
H
AVE
U
SE
.—Any amount allocated
1
to an OCS political subdivision but not disbursed because
2
of a failure to have a qualifying use as described in sub-
3
section (h) shall be allocated by the Secretary to the OCS
4
Production State in which the OCS political subdivision
5
is located except that the Secretary shall hold in escrow such
6
amount until the final resolution of any appeal regarding
7
the use of the funds.
8
(j) C
OMPLIANCE
W
ITH
A
UTHORIZED
U
SES
.—If the
9
Secretary determines that any expenditure made by an
10
OCS Production State or an OCS political subdivision is
11
not consistent with the uses authorized in subsection (h),
12
the Secretary shall not disburse any further amounts under
13
this section to that OCS Production State or OCS political
14
subdivision until the amounts used for the inconsistent ex-
15
penditure have been repaid or obligated for authorized uses.
16
(k) R
ULEMAKING
.—The Secretary may promulgate
17
such rules and regulations as may be necessary to carry
18
out the purposes of this section, including rules and regula-
19
tions setting forth an appropriate process for appeals.
20
(l) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There are
21
hereby authorized to be appropriated $450,000,000 for each
22
of the fiscal years 2003 through 2008 to carry out the pur-
23
poses of this section.
24
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HR 6 EAS1S/PP
DIVISION H—ENERGY TAX
1
INCENTIVES
2
SEC. 1900. SHORT TITLE; ETC.
3
(a) S
HORT
T
ITLE
.—This division may be cited as the
4
‘‘Energy Tax Incentives Act of 2003’’.
5
(b) A
MENDMENT OF
1986 C
ODE
.—Except as otherwise
6
expressly provided, whenever in this division an amend-
7
ment or repeal is expressed in terms of an amendment to,
8
or repeal of, a section or other provision, the reference shall
9
be considered to be made to a section or other provision
10
of the Internal Revenue Code of 1986.
11
TITLE XIX—EXTENSION AND
12
MODIFICATION OF RENEW-
13
ABLE ELECTRICITY PRODUC-
14
TION TAX CREDIT
15
SEC. 1901. THREE-YEAR EXTENSION OF CREDIT FOR PRO-
16
DUCING ELECTRICITY FROM WIND AND POUL-
17
TRY WASTE.
18
(a) I
N
G
ENERAL
.—Subparagraphs (A) and (C) of sec-
19
tion 45(c)(3) (relating to qualified facility), as amended by
20
section 603(a) of the Job Creation and Worker Assistance
21
Act of 2002, are each amended by striking ‘‘January 1,
22
2004’’ and inserting ‘‘January 1, 2007’’.
23
(b) E
FFECTIVE
D
ATE
.—The amendments made by this
24
section shall apply to electricity sold after the date of the
25
†
724
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