Page:United States Statutes at Large Volume 119.djvu/761

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[119 STAT. 743]
[119 STAT. 743]
PUBLIC LAW 109-000—MMMM. DD, 2005

PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 743

coastal political subdivision located in the producing State, under this section. ‘‘(B) COMPONENTS.—The Secretary shall approve a plan submitted under paragraph (1) if— ‘‘(i) the Secretary determines that the plan is consistent with the uses described in subsection (d); and ‘‘(ii) the plan contains— ‘‘(I) the name of the State agency that will have the authority to represent and act on behalf of the producing State in dealing with the Secretary 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 will be used; ‘‘(III) for each coastal political subdivision that receives an amount under this section— ‘‘(aa) the name of a contact person; and ‘‘(bb) a description of how the coastal political subdivision will use amounts provided under this section; ‘‘(IV) a certification by the Governor that ample opportunity has been provided for public participation in the development 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) shall be— ‘‘(A) developed in accordance with this subsection; and ‘‘(B) submitted to the Secretary for approval or disapproval under paragraph (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) or (3), the Secretary shall approve or disapprove the plan or amendment. ‘‘(d) AUTHORIZED USES.— ‘‘(1) IN GENERAL.—A producing State 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 or coastal political subdivision and dedicated to uses consistent with this section, in accordance with all applicable Federal and State 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. ‘‘(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 activities through funding of onshore infrastructure projects and public service needs.

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