US (United States) Code. Title 16. Chapter 33: Coastal zone manegement

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-CITE-

16 USC CHAPTER 33 - COASTAL ZONE MANAGEMENT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

.

-HEAD-

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-MISC1-

Sec.

1451. Congressional findings.

1452. Congressional declaration of policy.

1453. Definitions.

1454. Submittal of State program for approval.

1455. Administrative grants.

(a) Authorization; matching funds.

(b) Grants to coastal states; requirements.

(c) Allocation of grants to coastal states.

(d) Mandatory adoption of State management program

for coastal zone.

(e) Amendment or modification of State management

program for coastal zone.

1455a. Coastal resource improvement program.

(a) Definitions.

(b) Resource management improvement grants.

(c) Uses, terms and conditions of grants.

(d) State matching contributions; ratio; maximum

amount of grants.

(e) Allocation of grants to local governments and

other agencies.

(f) Other technical and financial assistance.

1455b. Protecting coastal waters.

(a) In general.

(b) Program contents.

(c) Program submission, approval, and implementation.

(d) Technical assistance.

(e) Inland coastal zone boundaries.

(f) Financial assistance.

(g) Guidance for coastal nonpoint source pollution

control.

(h) Authorization of appropriations.

(i) Definitions.

1456. Coordination and cooperation.

(a) Federal agencies.

(b) Adequate consideration of views of Federal

agencies.

(c) Consistency of Federal activities with State

management programs; Presidential exemption;

certification.

(d) Application of local governments for Federal

assistance; relationship of activities with

approved management programs.

(e) Construction with other laws.

(f) Construction with existing requirements of water

and air pollution programs.

(g) Concurrence with programs which affect inland

areas.

(h) Mediation of disagreements.

(i) Application fee for appeals.

1456a. Coastal Zone Management Fund.

1456b. Coastal zone enhancement grants.

(a) ''Coastal zone enhancement objective'' defined.

(b) Limits on grants.

(c) Evaluation of State proposals by Secretary.

(d) Promulgation of regulations by Secretary.

(e) No State contribution required.

(f) Funding.

(g) Eligibility; suspension of State for

noncompliance.

1456c. Technical assistance.

1456d. Coastal and Estuarine Land Conservation Program.

1457. Public hearings.

1458. Review of performance.

(a) Evaluation of adherence with terms of grant.

(b) Public participation; notice of meetings;

reports.

(c) Suspension of financial assistance for

noncompliance; notification of Governor; length

of suspension.

(d) Withdrawal of approval of program.

(e) Notice and hearing.

1459. Records and audit.

(a) Maintenance of records by recipients of grants or

financial assistance.

(b) Access by Secretary and Comptroller General to

records, books, etc., of recipients of grants

or financial assistance for audit and

examination.

1460. Walter B. Jones excellence in coastal zone management awards.

(a) Establishment.

(b) Annual selection of recipients.

(c) Solicitation of nominations for local government

recipients.

(d) Solicitation of nominations for graduate student

recipients.

(e) Funding; types of awards.

1461. National Estuarine Research Reserve System.

(a) Establishment of System.

(b) Designation of national estuarine reserves.

(c) Estuarine research guidelines.

(d) Promotion and coordination of estuarine research.

(e) Financial assistance.

(f) Evaluation of System performance.

(g) Report.

1462. Coastal zone management reports.

(a) Biennial reports.

(b) Recommendations for legislation.

(c) Review of other Federal programs; report to

Congress.

1463. Rules and regulations.

1463a. Omitted.

1463b. National Coastal Resources Research and Development

Institute.

(a) Establishment by Secretary; administration.

(b) Purposes of Institute.

(c) Determination of Institute policies.

(d) Establishment of Advisory Council; functions and

composition.

(e) Administration of Institute.

(f) Evaluation of Institute by Secretary.

(g) Report to Secretary.

(h) Access to Institute books, records, and

documents.

(i) Status of Institute employees.

(j) Authorization of appropriations.

1464. Authorization of appropriations.

(a) Sums appropriated to Secretary.

(b) Limitations.

(c) Reversion to Secretary of unobligated State

funds; availability of funds.

1465. Appeals to Secretary.

(a) Notice.

(b) Deadline.

(c) Application.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 544l, 1455b, 3505, 6406

of this title; title 33 sections 1503, 1508, 2801, 2902; title 42

sections 9111, 9115; title 43 sections 1351, 1356a, 1866; title 46

section 13101.

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16 USC Sec. 1451 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1451. Congressional findings

-STATUTE-

The Congress finds that -

(a) There is a national interest in the effective management,

beneficial use, protection, and development of the coastal zone.

(b) The coastal zone is rich in a variety of natural, commercial,

recreational, ecological, industrial, and esthetic resources of

immediate and potential value to the present and future well-being

of the Nation.

(c) The increasing and competing demands upon the lands and

waters of our coastal zone occasioned by population growth and

economic development, including requirements for industry,

commerce, residential development, recreation, extraction of

mineral resources and fossil fuels, transportation and navigation,

waste disposal, and harvesting of fish, shellfish, and other living

marine resources, have resulted in the loss of living marine

resources, wildlife, nutrient-rich areas, permanent and adverse

changes to ecological systems, decreasing open space for public

use, and shoreline erosion.

(d) The habitat areas of the coastal zone, and the fish,

shellfish, other living marine resources, and wildlife therein, are

ecologically fragile and consequently extremely vulnerable to

destruction by man's alterations.

(e) Important ecological, cultural, historic, and esthetic values

in the coastal zone which are essential to the well-being of all

citizens are being irretrievably damaged or lost.

(f) New and expanding demands for food, energy, minerals, defense

needs, recreation, waste disposal, transportation, and industrial

activities in the Great Lakes, territorial sea, exclusive economic

zone, and Outer Continental Shelf are placing stress on these areas

and are creating the need for resolution of serious conflicts among

important and competing uses and values in coastal and ocean

waters;

(g) Special natural and scenic characteristics are being damaged

by ill-planned development that threatens these values.

(h) In light of competing demands and the urgent need to protect

and to give high priority to natural systems in the coastal zone,

present state and local institutional arrangements for planning and

regulating land and water uses in such areas are inadequate.

(i) The key to more effective protection and use of the land and

water resources of the coastal zone is to encourage the states to

exercise their full authority over the lands and waters in the

coastal zone by assisting the states, in cooperation with Federal

and local governments and other vitally affected interests, in

developing land and water use programs for the coastal zone,

including unified policies, criteria, standards, methods, and

processes for dealing with land and water use decisions of more

than local significance.

(j) The national objective of attaining a greater degree of

energy self-sufficiency would be advanced by providing Federal

financial assistance to meet state and local needs resulting from

new or expanded energy activity in or affecting the coastal zone.

(k) Land uses in the coastal zone, and the uses of adjacent lands

which drain into the coastal zone, may significantly affect the

quality of coastal waters and habitats, and efforts to control

coastal water pollution from land use activities must be improved.

(l) Because global warming may result in a substantial sea level

rise with serious adverse effects in the coastal zone, coastal

states must anticipate and plan for such an occurrence.

(m) Because of their proximity to and reliance upon the ocean and

its resources, the coastal states have substantial and significant

interests in the protection, management, and development of the

resources of the exclusive economic zone that can only be served by

the active participation of coastal states in all Federal programs

affecting such resources and, wherever appropriate, by the

development of state ocean resource plans as part of their

federally approved coastal zone management programs.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 302, as added Pub. L. 92-583, Oct.

27, 1972, 86 Stat. 1280; amended Pub. L. 94-370, Sec. 2, July 26,

1976, 90 Stat. 1013; Pub. L. 96-464, Sec. 2, Oct. 17, 1980, 94

Stat. 2060; Pub. L. 101-508, title VI, Sec. 6203(a), Nov. 5, 1990,

104 Stat. 1388-300.)

-MISC1-

AMENDMENTS

1990 - Subsec. (d). Pub. L. 101-508, Sec. 6203(a)(1), inserted

''habitat areas of the'' before ''coastal zone''.

Subsec. (f). Pub. L. 101-508, Sec. 6203(a)(2), inserted

''exclusive economic zone,'' after ''territorial sea,''.

Subsecs. (k) to (m). Pub. L. 101-508, Sec. 6203(a)(3), added

subsecs. (k) to (m).

1980 - Subsecs. (f) to (j). Pub. L. 96-464, Sec. 2(1), (2), added

subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to

(j), respectively.

1976 - Subsec. (b). Pub. L. 94-370, Sec. 2(1), inserted

''ecological,'' after ''recreational,''.

Subsec. (i). Pub. L. 94-370, Sec. 2(3), added subsec. (i).

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-150, Sec. 1, June 3, 1996, 110 Stat. 1380, provided

that: ''This Act (enacting section 1465 of this title, amending

sections 1454, 1455a, 1456a, 1456b, 1461, and 1464 of this title,

and enacting provisions set out as a note under section 1454 of

this title) may be cited as the 'Coastal Zone Protection Act of

1996'.''

SHORT TITLE OF 1990 AMENDMENT

Section 6201 of title VI of Pub. L. 101-508 provided that: ''This

subtitle (subtitle C (Sec. 6201-6217) of title VI of Pub. L.

101-508, enacting sections 1455b, 1456c, and 1460 of this title,

amending this section and sections 1452 to 1456b, 1458, 1461, and

1464 of this title, and enacting provisions set out as notes under

this section and section 1455 of this title) may be cited as the

'Coastal Zone Act Reauthorization Amendments of 1990'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-272, title VI, Sec. 6041, Apr. 7, 1986, 100 Stat. 124,

provided that: ''This subtitle (subtitle D (Sec. 6041-6047) of

title VI of Pub. L. 99-272, amending sections 1455, 1455a, 1456a,

1458, 1461, and 1464 of this title, repealing sections 1456c and

1460 of this title, and repealing provisions set out as a note

under this section) may be cited as the 'Coastal Zone Management

Reauthorization Act of 1985'.''

SHORT TITLE OF 1980 AMENDMENT

Section 1 of Pub. L. 96-464 provided: ''That this Act (enacting

sections 1455a and 1463a of this title, amending this section and

sections 1452, 1453, 1455, 1456a, 1456b, 1458, 1461, 1462, and 1464

of this title, and enacting provisions set out as notes under

sections 1455, 1458, and 1463a of this title) may be cited as the

'Coastal Zone Management Improvement Act of 1980'.''

SHORT TITLE OF 1976 AMENDMENT

Section 1 of Pub. L. 94-370 provided: ''That this Act (enacting

section 1511a of Title 15, Commerce and Trade, and sections 1456a

to 1456c of this title, amending this section, sections 1453 to

1456 and 1457 to 1464 of this title, and section 5316 of Title 5,

Government Organization and Employees, and enacting provisions set

out as notes under section 1511a of Title 15 and section 1462 of

this title) may be cited as the 'Coastal Zone Management Act

Amendments of 1976'.''

SHORT TITLE

Section 301 of title III of Pub. L. 89-454, as added by Pub. L.

92-583, provided that: ''This title (enacting this chapter) may be

cited as the 'Coastal Zone Management Act of 1972'.''

HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL

Pub. L. 105-383, title VI, Nov. 13, 1998, 112 Stat. 3447,

provided that:

''SEC. 601. SHORT TITLE.

''This title may be cited as the 'Harmful Algal Bloom and Hypoxia

Research and Control Act of 1998'.

''SEC. 602. FINDINGS.

''The Congress finds that -

''(1) the recent outbreak of the harmful microbe Pfiesteria

piscicida in the coastal waters of the United States is one

example of potentially harmful algal blooms composed of naturally

occurring species that reproduce explosively and that are

increasing in frequency and intensity in the Nation's coastal

waters;

''(2) other recent occurrences of harmful algal blooms include

red tides in the Gulf of Mexico and the Southeast; brown tides in

New York and Texas; ciguatera fish poisoning in Hawaii, Florida,

Puerto Rico, and the United States Virgin Islands; and shellfish

poisonings in the Gulf of Maine, the Pacific Northwest, and the

Gulf of Alaska;

''(3) in certain cases, harmful algal blooms have resulted in

fish kills, the deaths of numerous endangered West Indian

manatees, beach and shellfish bed closures, threats to public

health and safety, and concern among the public about the safety

of seafood;

''(4) according to some scientists, the factors causing or

contributing to harmful algal blooms may include excessive

nutrients in coastal waters, other forms of pollution, the

transfer of harmful species through ship ballast water, and ocean

currents;

''(5) harmful algal blooms may have been responsible for an

estimated $1,000,000,000 in economic losses during the past

decade;

''(6) harmful algal blooms and blooms of non-toxic algal

species may lead to other damaging marine conditions such as

hypoxia (reduced oxygen concentrations), which are harmful or

fatal to fish, shellfish, and benthic organisms;

''(7) according to the National Oceanic and Atmospheric

Administration in the Department of Commerce, 53 percent of

United States estuaries experience hypoxia for at least part of

the year and a 7,000 square mile area in the Gulf of Mexico off

Louisiana and Texas suffers from hypoxia;

''(8) according to some scientists, a factor believed to cause

hypoxia is excessive nutrient loading into coastal waters;

''(9) there is a need to identify more workable and effective

actions to reduce nutrient loadings to coastal waters;

''(10) the National Oceanic and Atmospheric Administration,

through its ongoing research, education, grant, and coastal

resource management programs, possesses a full range of

capabilities necessary to support a near and long-term

comprehensive effort to prevent, reduce, and control harmful

algal blooms and hypoxia;

''(11) funding for the research and related programs of the

National Oceanic and Atmospheric Administration will aid in

improving the Nation's understanding and capabilities for

addressing the human and environmental costs associated with

harmful algal blooms and hypoxia; and

''(12) other Federal agencies such as the Environmental

Protection Agency, the Department of Agriculture, and the

National Science Foundation, along with the States, Indian

tribes, and local governments, conduct important work related to

the prevention, reduction, and control of harmful algal blooms

and hypoxia.

''SEC. 603. ASSESSMENTS.

''(a) Establishment of Inter-Agency Task Force. - The President,

through the Committee on Environment and Natural Resources of the

National Science and Technology Council, shall establish an

Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia

(hereinafter referred to as the 'Task Force'). The Task Force shall

consist of the following representatives from -

''(1) the Department of Commerce (who shall serve as Chairman

of the Task Force);

''(2) the Environmental Protection Agency;

''(3) the Department of Agriculture;

''(4) the Department of the Interior;

''(5) the Department of the Navy;

''(6) the Department of Health and Human Services;

''(7) the National Science Foundation;

''(8) the National Aeronautics and Space Administration;

''(9) the Food and Drug Administration;

''(10) the Office of Science and Technology Policy;

''(11) the Council on Environmental Quality; and

''(12) such other Federal agencies as the President considers

appropriate.

''(b) Assessment of Harmful Algal Blooms. -

''(1) Not later than 12 months after the date of the enactment

of this title (Nov. 13, 1998), the Task Force, in cooperation

with the coastal States, Indian tribes, and local governments,

industry (including agricultural organizations), academic

institutions, and non-governmental organizations with expertise

in coastal zone management, shall complete and submit to the

Congress an assessment which examines the ecological and economic

consequences of harmful algal blooms, alternatives for reducing,

mitigating, and controlling harmful algal blooms, and the social

and economic costs and benefits of such alternatives.

''(2) The assessment shall -

''(A) identify alternatives for preventing unnecessary

duplication of effort among Federal agencies and departments

with respect to harmful algal blooms; and

''(B) provide for Federal cooperation and coordination with

and assistance to the coastal States, Indian tribes, and local

governments in the prevention, reduction, management,

mitigation, and control of harmful algal blooms and their

environmental and public health impacts.

''(c) Assessment of Hypoxia. -

''(1) Not later than 12 months after the date of the enactment

of this title (Nov. 13, 1998), the Task Force, in cooperation

with the States, Indian tribes, local governments, industry,

agricultural, academic institutions, and non-governmental

organizations with expertise in watershed and coastal zone

management, shall complete and submit to the Congress an

assessment which examines the ecological and economic

consequences of hypoxia in United States coastal waters,

alternatives for reducing, mitigating, and controlling hypoxia,

and the social and economic costs and benefits of such

alternatives.

''(2) The assessment shall -

''(A) establish needs, priorities, and guidelines for a

peer-reviewed, inter-agency research program on the causes,

characteristics, and impacts of hypoxia;

''(B) identify alternatives for preventing unnecessary

duplication of effort among Federal agencies and departments

with respect to hypoxia; and

''(C) provide for Federal cooperation and coordination with

and assistance to the States, Indian tribes, and local

governments in the prevention, reduction, management,

mitigation, and control of hypoxia and its environmental

impacts.

''(e)((d)) Disestablishment of Task Force. - The President may

disestablish the Task Force after submission of the plan in section

604(d) (604(b)).

''SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

''(a) Assessment Report. - Not later than May 30, 1999, the Task

Force shall complete and submit to Congress and the President an

integrated assessment of hypoxia in the northern Gulf of Mexico

that examines: the distribution, dynamics, and causes; ecological

and economic consequences; sources and loads of nutrients

transported by the Mississippi River to the Gulf of Mexico; effects

of reducing nutrient loads; methods for reducing nutrient loads;

and the social and economic costs and benefits of such methods.

''(b) Submission of a Plan. - No later than March 30, 2000, the

President, in conjunction with the chief executive officers of the

States, shall develop and submit to Congress a plan, based on the

integrated assessment submitted under subsection (a), for reducing,

mitigating, and controlling hypoxia in the northern Gulf of Mexico.

In developing such plan, the President shall consult with State,

Indian tribe, and local governments, academic, agricultural,

industry, and environmental groups and representatives. Such plan

shall include incentive-based partnership approaches. The plan

shall also include the social and economic costs and benefits of

the measures for reducing, mitigating, and controlling hypoxia. At

least 90 days before the President submits such plan to the

Congress, a summary of the proposed plan shall be published in the

Federal Register for a public comment period of not less than 60

days.

''SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated to the Secretary of

Commerce for research, education, and monitoring activities related

to the prevention, reduction, and control of harmful algal blooms

and hypoxia, $15,000,000 for fiscal year 1999, $18,250,000 for

fiscal year 2000, and $19,000,000 for fiscal year 2001, to remain

available until expended. The Secretary shall consult with the

States on a regular basis regarding the development and

implementation of the activities authorized under this section. Of

such amounts for each fiscal year -

''(1) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal

year 2000, and $2,000,000 for fiscal year 2001 may be used to

enable the National Oceanic and Atmospheric Administration to

carry out research and assessment activities, including

procurement of necessary research equipment, at research

laboratories of the National Ocean Service and the National

Marine Fisheries Service;

''(2) $4,000,000 for fiscal year 1999, $5,500,000 for fiscal

year 2000, and $5,500,000 for fiscal year 2001 may be used to

carry out the Ecology and Oceanography of Harmful Algal Blooms

(ECOHAB) project under the Coastal Ocean Program established

under section 201(c) of Public Law 102-567 (106 Stat. 4280);

''(3) $1,000,000 for fiscal year 1999, $2,000,000 for fiscal

year 2000, and $2,000,000 for fiscal year 2001 may be used by the

National Ocean Service of the National Oceanic and Atmospheric

Administration to carry out a peer-reviewed research project on

management measures that can be taken to prevent, reduce,

control, and mitigate harmful algal blooms;

''(4) $5,500,000 for each of the fiscal years 1999, 2000, and

2001 may be used to carry out Federal and State annual monitoring

and analysis activities for harmful algal blooms administered by

the National Ocean Service of the National Oceanic and

Atmospheric Administration; and

''(5) $3,000,000 for fiscal year 1999, $3,750,000 for fiscal

year 2000, and $4,000,000 for fiscal year 2001 may be used for

activities related to research and monitoring on hypoxia by the

National Ocean Service and the Office of Oceanic and Atmospheric

Research of the National Oceanic and Atmospheric Administration.

''SEC. 606. PROTECTION OF STATES' RIGHTS.

''(a) Nothing in this title shall be interpreted to adversely

affect existing State regulatory or enforcement power which has

been granted to any State through the Clean Water Act (33 U.S.C.

1251 et seq.) or Coastal Zone Management Act of 1972 (16 U.S.C.

1451 et seq.).

''(b) Nothing in this title shall be interpreted to expand the

regulatory or enforcement power of the Federal Government which has

been delegated to any State through the Clean Water Act or Coastal

Zone Management Act of 1972.''

FINDINGS AND PURPOSE OF COASTAL ZONE ACT REAUTHORIZATION AMENDMENTS

OF 1990

Section 6202 of Pub. L. 101-508 provided that:

''(a) Findings. - Congress finds and declares the following:

''(1) Our oceans, coastal waters, and estuaries constitute a

unique resource. The condition of the water quality in and

around the coastal areas is significantly declining. Growing

human pressures on the coastal ecosystem will continue to degrade

this resource until adequate actions and policies are

implemented.

''(2) Almost one-half of our total population now lives in

coastal areas. By 2010, the coastal population will have grown

from 80,000,000 in 1960 to 127,000,000 people, an increase of

approximately 60 percent, and population density in coastal

counties will be among the highest in the Nation.

''(3) Marine resources contribute to the Nation's economic

stability. Commercial and recreational fishery activities

support an industry with an estimated value of $12,000,000,000 a

year.

''(4) Wetlands play a vital role in sustaining the coastal

economy and environment. Wetlands support and nourish fishery

and marine resources. They also protect the Nation's shores from

storm and wave damage. Coastal wetlands contribute an estimated

$5,000,000,000 to the production of fish and shellfish in the

United States coastal waters. Yet, 50 percent of the Nation's

coastal wetlands have been destroyed, and more are likely to

decline in the near future.

''(5) Nonpoint source pollution is increasingly recognized as a

significant factor in coastal water degradation. In urban areas,

storm water and combined sewer overflow are linked to major

coastal problems, and in rural areas, run-off from agricultural

activities may add to coastal pollution.

''(6) Coastal planning and development control measures are

essential to protect coastal water quality, which is subject to

continued ongoing stresses. Currently, not enough is being done

to manage and protect our coastal resources.

''(7) Global warming results from the accumulation of man-made

gases, released into the atmosphere from such activities as the

burning of fossil fuels, deforestation, and the production of

chlorofluorocarbons, which trap solar heat in the atmosphere and

raise temperatures worldwide. Global warming could result in

significant global sea level rise by 2050 resulting from ocean

expansion, the melting of snow and ice, and the gradual melting

of the polar ice cap. Sea level rise will result in the loss of

natural resources such as beaches, dunes, estuaries, and

wetlands, and will contribute to the salinization of drinking

water supplies. Sea level rise will also result in damage to

properties, infrastructures, and public works. There is a

growing need to plan for sea level rise.

''(8) There is a clear link between coastal water quality and

land use activities along the shore. State management programs

under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et

seq.) are among the best tools for protecting coastal resources

and must play a larger role, particularly in improving coastal

zone water quality.

''(9) All coastal States should have coastal zone management

programs in place that conform to the Coastal Zone Management Act

of 1972, as amended by this Act.

''(b) Purpose. - It is the purpose of Congress in this subtitle

(see Short Title of 1990 Amendment note above) to enhance the

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

1451 et seq.) by increasing our understanding of the coastal

environment and expanding the ability of State coastal zone

management programs to address coastal environmental problems.''

ESTABLISHMENT OF POSITIONS AND FIXING OF COMPENSATION BY SECRETARY

OF COMMERCE; APPOINTMENTS

Section 15(c) of Pub. L. 94-370 related to establishment and

compensation of four new positions without regard to the provisions

of chapter 51 of Title 5, Government Organization and Employees,

prior to repeal by Pub. L. 99-272, title VI, Sec. 6045(3), Apr. 7,

1986, 100 Stat. 127.

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

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16 USC Sec. 1452 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1452. Congressional declaration of policy

-STATUTE-

The Congress finds and declares that it is the national policy -

(1) to preserve, protect, develop, and where possible, to

restore or enhance, the resources of the Nation's coastal zone

for this and succeeding generations;

(2) to encourage and assist the states to exercise effectively

their responsibilities in the coastal zone through the

development and implementation of management programs to achieve

wise use of the land and water resources of the coastal zone,

giving full consideration to ecological, cultural, historic, and

esthetic values as well as the needs for compatible economic

development, which programs should at least provide for -

(A) the protection of natural resources, including wetlands,

flood plains, estuaries, beaches, dunes, barrier islands, coral

reefs, and fish and wildlife and their habitat, within the

coastal zone,

(B) the management of coastal development to minimize the

loss of life and property caused by improper development in

flood-prone, storm surge, geological hazard, and erosion-prone

areas and in areas likely to be affected by or vulnerable to

sea level rise, land subsidence, and saltwater intrusion, and

by the destruction of natural protective features such as

beaches, dunes, wetlands, and barrier islands,

(C) the management of coastal development to improve,

safeguard, and restore the quality of coastal waters, and to

protect natural resources and existing uses of those waters,

(D) priority consideration being given to coastal-dependent

uses and orderly processes for siting major facilities related

to national defense, energy, fisheries development, recreation,

ports and transportation, and the location, to the maximum

extent practicable, of new commercial and industrial

developments in or adjacent to areas where such development

already exists,

(E) public access to the coasts for recreation purposes,

(F) assistance in the redevelopment of deteriorating urban

waterfronts and ports, and sensitive preservation and

restoration of historic, cultural, and esthetic coastal

features,

(G) the coordination and simplification of procedures in

order to ensure expedited governmental decisionmaking for the

management of coastal resources,

(H) continued consultation and coordination with, and the

giving of adequate consideration to the views of, affected

Federal agencies,

(I) the giving of timely and effective notification of, and

opportunities for public and local government participation in,

coastal management decisionmaking,

(J) assistance to support comprehensive planning,

conservation, and management for living marine resources,

including planning for the siting of pollution control and

aquaculture facilities within the coastal zone, and improved

coordination between State and Federal coastal zone management

agencies and State and wildlife agencies, and

(K) the study and development, in any case in which the

Secretary considers it to be appropriate, of plans for

addressing the adverse effects upon the coastal zone of land

subsidence and of sea level rise; and

(3) to encourage the preparation of special area management

plans which provide for increased specificity in protecting

significant natural resources, reasonable coastal-dependent

economic growth, improved protection of life and property in

hazardous areas, including those areas likely to be affected by

land subsidence, sea level rise, or fluctuating water levels of

the Great Lakes, and improved predictability in governmental

decisionmaking;

(4) to encourage the participation and cooperation of the

public, state and local governments, and interstate and other

regional agencies, as well as of the Federal agencies having

programs affecting the coastal zone, in carrying out the purposes

of this chapter;

(5) to encourage coordination and cooperation with and among

the appropriate Federal, State, and local agencies, and

international organizations where appropriate, in collection,

analysis, synthesis, and dissemination of coastal management

information, research results, and technical assistance, to

support State and Federal regulation of land use practices

affecting the coastal and ocean resources of the United States;

and

(6) to respond to changing circumstances affecting the coastal

environment and coastal resource management by encouraging States

to consider such issues as ocean uses potentially affecting the

coastal zone.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 303, as added Pub. L. 92-583, Oct.

27, 1972, 86 Stat. 1281; amended Pub. L. 96-464, Sec. 3, Oct. 17,

1980, 94 Stat. 2060; Pub. L. 101-508, title VI, Sec. 6203(b), Nov.

5, 1990, 104 Stat. 1388-301; Pub. L. 102-587, title II, Sec.

2205(b)(2), Nov. 4, 1992, 106 Stat. 5050.)

-MISC1-

AMENDMENTS

1992 - Par. (2). Pub. L. 102-587 made technical amendment to

directory language of Pub. L. 101-508, Sec. 6203(b)(1). See 1990

Amendment note below.

1990 - Par. (2). Pub. L. 101-508, Sec. 6203(b)(1), as amended by

Pub. L. 102-587, substituted ''as well as the needs for

compatible'' for ''as well as to needs for''.

Par. (2)(B). Pub. L. 101-508, Sec. 6203(b)(2), substituted

''likely to be affected by or vulnerable to sea level rise, land

subsidence,'' for ''of subsidence''.

Par. (2)(C) to (J). Pub. L. 101-508, Sec. 6203(b)(3),

redesignated subpars. (C) to (I) as (D) to (J), respectively, and

added subpar. (C).

Par. (2)(K). Pub. L. 101-508, Sec. 6203(b)(4), added subpar. (K).

Par. (3). Pub. L. 101-508, Sec. 6203(b)(5), inserted ''including

those areas likely to be affected by land subsidence, sea level

rise, or fluctuating water levels of the Great Lakes,'' after

''hazardous areas,''.

Pars. (5), (6). Pub. L. 101-508, Sec. 6203(b)(6), added pars. (5)

and (6).

1980 - Pub. L. 96-464, in amending section generally, expanded

declaration of policy to provide for higher level of protection for

significant natural coastal resources and inserted provisions for

special area management planning to increase predictability for

necessary coastal-dependent economic growth, improve hazard

mitigation, and improve predictability in government

decisionmaking.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1455, 1455a, 1458 of this

title; title 43 section 1337.

-CITE-

16 USC Sec. 1453 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1453. Definitions

-STATUTE-

For purposes of this chapter -

(1) The term ''coastal zone'' means the coastal waters

(including the lands therein and thereunder) and the adjacent

shorelands (including the waters therein and thereunder),

strongly influenced by each other and in proximity to the

shorelines of the several coastal states, and includes islands,

transitional and intertidal areas, salt marshes, wetlands, and

beaches. The zone extends, in Great Lakes waters, to the

international boundary between the United States and Canada and,

in other areas, seaward to the outer limit of State title and

ownership under the Submerged Lands Act (43 U.S.C. 1301 et seq.),

the Act of March 2, 1917 (48 U.S.C. 749) (48 U.S.C. 731 et seq.),

the Covenant to Establish a Commonwealth of the Northern Mariana

Islands in Political Union with the United States of America, as

approved by the Act of March 24, 1976 (48 U.S.C. 1801 et seq.),

or section 1 of the Act of November 20, 1963 (48 U.S.C. 1705), as

applicable. The zone extends inland from the shorelines only to

the extent necessary to control shorelands, the uses of which

have a direct and significant impact on the coastal waters, and

to control those geographical areas which are likely to be

affected by or vulnerable to sea level rise. Excluded from the

coastal zone are lands the use of which is by law subject solely

to the discretion of or which is held in trust by the Federal

Government, its officers or agents.

(2) The term ''coastal resource of national significance''

means any coastal wetland, beach, dune, barrier island, reef,

estuary, or fish and wildlife habitat, if any such area is

determined by a coastal state to be of substantial biological or

natural storm protective value.

(3) The term ''coastal waters'' means (A) in the Great Lakes

area, the waters within the territorial jurisdiction of the

United States consisting of the Great Lakes, their connecting

waters, harbors, roadsteads, and estuary-type areas such as bays,

shallows, and marshes and (B) in other areas, those waters,

adjacent to the shorelines, which contain a measurable quantity

or percentage of sea water, including, but not limited to,

sounds, bays, lagoons, bayous, ponds, and estuaries.

(4) The term ''coastal state'' means a state of the United

States in, or bordering on, the Atlantic, Pacific, or Arctic

Ocean, the Gulf of Mexico, Long Island Sound, or one or more of

the Great Lakes. For the purposes of this chapter, the term also

includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth

of the Northern Mariana Islands, and the Trust Territories of the

Pacific Islands, and American Samoa.

(5) The term ''coastal energy activity'' means any of the

following activities if, and to the extent that (A) the conduct,

support, or facilitation of such activity requires and involves

the siting, construction, expansion, or operation of any

equipment or facility; and (B) any technical requirement exists

which, in the determination of the Secretary, necessitates that

the siting, construction, expansion, or operation of such

equipment or facility be carried out in, or in close proximity

to, the coastal zone of any coastal state;

(i) Any outer Continental Shelf energy activity.

(ii) Any transportation, conversion, treatment, transfer, or

storage of liquefied natural gas.

(iii) Any transportation, transfer, or storage of oil,

natural gas, or coal (including, but not limited to, by means

of any deepwater port, as defined in section 1502(10) (FOOTNOTE

1) of title 33).

(FOOTNOTE 1) See References in Text note below.

For purposes of this paragraph, the siting, construction,

expansion, or operation of any equipment or facility shall be

''in close proximity to'' the coastal zone of any coastal state

if such siting, construction, expansion, or operation has, or is

likely to have, a significant effect on such coastal zone.

(6) The term ''energy facilities'' means any equipment or

facility which is or will be used primarily -

(A) in the exploration for, or the development, production,

conversion, storage, transfer, processing, or transportation

of, any energy resource; or

(B) for the manufacture, production, or assembly of

equipment, machinery, products, or devices which are involved

in any activity described in subparagraph (A).

The term includes, but is not limited to (i) electric generating

plants; (ii) petroleum refineries and associated facilities;

(iii) gasification plants; (iv) facilities used for the

transportation, conversion, treatment, transfer, or storage of

liquefied natural gas; (v) uranium enrichment or nuclear fuel

processing facilities; (vi) oil and gas facilities, including

platforms, assembly plants, storage depots, tank farms, crew and

supply bases, and refining complexes; (vii) facilities including

deepwater ports, for the transfer of petroleum; (viii) pipelines

and transmission facilities; and (ix) terminals which are

associated with any of the foregoing.

(6a) The term ''enforceable policy'' means State policies which

are legally binding through constitutional provisions, laws,

regulations, land use plans, ordinances, or judicial or

administrative decisions, by which a State exerts control over

private and public land and water uses and natural resources in

the coastal zone.

(7) The term ''estuary'' means that part of a river or stream

or other body of water having unimpaired connection with the open

sea, where the sea water is measurably diluted with fresh water

derived from land drainage. The term includes estuary-type areas

of the Great Lakes.

(8) The term ''estuarine sanctuary'' means a research area

which may include any part or all of an estuary and any island,

transitional area, and upland in, adjoining, or adjacent to such

estuary, and which constitutes to the extent feasible a natural

unit, set aside to provide scientists and students the

opportunity to examine over a period of time the ecological

relationships within the area.

(9) The term ''Fund'' means the Coastal Zone Management Fund

established under section 1456a(b) of this title.

(10) The term ''land use'' means activities which are conducted

in, or on the shorelands within, the coastal zone, subject to the

requirements outlined in section 1456(g) of this title.

(11) The term ''local government'' means any political

subdivision of, or any special entity created by, any coastal

state which (in whole or part) is located in, or has authority

over, such state's coastal zone and which (A) has authority to

levy taxes, or to establish and collect user fees, or (B)

provides any public facility or public service which is financed

in whole or part by taxes or user fees. The term includes, but

is not limited to, any school district, fire district,

transportation authority, and any other special purpose district

or authority.

(12) The term ''management program'' includes, but is not

limited to, a comprehensive statement in words, maps,

illustrations, or other media of communication, prepared and

adopted by the state in accordance with the provisions of this

chapter, setting forth objectives, policies, and standards to

guide public and private uses of lands and waters in the coastal

zone.

(13) The term ''outer Continental Shelf energy activity'' means

any exploration for, or any development or production of, oil or

natural gas from the outer Continental Shelf (as defined in

section 1331(a) of title 43) or the siting, construction,

expansion, or operation of any new or expanded energy facilities

directly required by such exploration, development, or

production.

(14) The term ''person'' means any individual; any corporation,

partnership, association, or other entity organized or existing

under the laws of any state; the Federal Government; any state,

regional, or local government; or any entity of any such Federal,

state, regional, or local government.

(15) The term ''public facilities and public services'' means

facilities or services which are financed, in whole or in part,

by any state or political subdivision thereof, including, but not

limited to, highways and secondary roads, parking, mass transit,

docks, navigation aids, fire and police protection, water supply,

waste collection and treatment (including drainage), schools and

education, and hospitals and health care. Such term may also

include any other facility or service so financed which the

Secretary finds will support increased population.

(16) The term ''Secretary'' means the Secretary of Commerce.

(17) The term ''special area management plan'' means a

comprehensive plan providing for natural resource protection and

reasonable coastal-dependent economic growth containing a

detailed and comprehensive statement of policies; standards and

criteria to guide public and private uses of lands and waters;

and mechanisms for timely implementation in specific geographic

areas within the coastal zone.

(18) The term ''water use'' means a use, activity, or project

conducted in or on waters within the coastal zone.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 304, as added Pub. L. 92-583, Oct.

27, 1972, 86 Stat. 1281; amended Pub. L. 94-370, Sec. 3, July 26,

1976, 90 Stat. 1013; Pub. L. 96-464, Sec. 4, Oct. 17, 1980, 94

Stat. 2061; Pub. L. 101-508, title VI, Sec. 6204, Nov. 5, 1990, 104

Stat. 1388-302; Pub. L. 102-587, title II, Sec. 2205(b)(3)-(7),

Nov. 4, 1992, 106 Stat. 5050, 5051.)

-REFTEXT-

REFERENCES IN TEXT

The Submerged Lands Act, referred to in par. (1), is act May 22,

1953, ch. 65, 67 Stat. 29, as amended, which is classified

generally to subchapters I and II (Sec. 1301 et seq., 1311 et seq.)

of chapter 29 of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1301 of Title 43 and Tables.

Act of March 2, 1917, referred to in par. (1), is act Mar. 2,

1917, ch. 145, 39 Stat. 951, as amended, known as the Puerto Rican

Federal Relations Act and also as the Jones Act, which is

classified principally to chapter 4 (Sec. 731 et seq.) of Title 48,

Territories and Insular Possessions. Section 8 of the Act is

classified to section 749 of Title 48. For complete classification

of this Act to the Code, see Short Title note set out under section

731 of Title 48 and Tables.

Act of March 24, 1976, referred to in par. (1), is Pub. L.

94-241, Mar. 24, 1976, 90 Stat. 263, as amended, which is

classified generally to subchapter I (Sec. 1801 et seq.) of chapter

17 of Title 48. The Covenant to Establish a Commonwealth of the

Northern Mariana Islands in Political Union with the United States

of America is set out as a note under section 1801 of Title 48. For

complete classification of this Act to the Code, see Tables.

Section 1 of the Act of November 20, 1963, referred to in par.

(1), is section 1 of Pub. L. 88-183, Nov. 20, 1963, 77 Stat. 338,

which was classified to section 1701 of Title 48, and was repealed

by Pub. L. 93-435, Sec. 5, Oct. 5, 1974, 88 Stat. 1212. See section

1705 of Title 48.

Section 1502 of title 33, referred to in par. (5)(iii), was

subsequently amended, and section 1502(10) no longer defines the

term ''deepwater port''. However, such term is defined elsewhere

in that section.

-MISC2-

AMENDMENTS

1992 - Par. (1). Pub. L. 102-587, Sec. 2205(b)(3), made technical

amendment to directory language of Pub. L. 101-508, Sec. 6204(a).

See 1990 Amendment note below.

Pub. L. 102-587, Sec. 2205(b)(5), struck out ''the outer limit

of'' before ''the outer limit of State title'', and substituted

''(48 U.S.C. 1705),'' for ''(48 U.S.C. 1705,''.

Par. (2). Pub. L. 102-587, Sec. 2205(b)(6), substituted ''The

term'' for ''the term''.

Par. (6a). Pub. L. 102-587, Sec. 2205(b)(4), made technical

amendment to directory language of Pub. L. 101-508, Sec. 6204(b).

See 1990 Amendment note below.

Par. (9). Pub. L. 102-587, Sec. 2205(b)(7), amended par. (9)

generally. Prior to amendment, par. (9) read as follows: ''The

term 'Fund' means the Coastal Energy Impact Fund established by

section 1456a(h) of this title.''

1990 - Par. (1). Pub. L. 101-508, Sec. 6204(a)(1), as amended by

Pub. L. 102-587, Sec. 2205(b)(3), inserted '', and to control those

geographical areas which are likely to be affected by or vulnerable

to sea level rise'' before period at end of third sentence.

Pub. L. 101-508, Sec. 6204(a)(2), as amended by Pub. L. 102-587,

Sec. 2205(b)(3), substituted ''the outer limit of State title and

ownership under the Submerged Lands Act (43 U.S.C. 1301 et seq.),

the Act of March 2, 1917 (48 U.S.C. 749), the Covenant to Establish

a Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America, as approved by the Act of March

24, 1976 (48 U.S.C. 1681 note), or section 1 of the Act of November

20, 1963 (48 U.S.C. 1705, as applicable.'' for ''the United States

territorial sea.'' at end of second sentence.

Par. (6a). Pub. L. 101-508, Sec. 6204(b), as amended by Pub. L.

102-587, Sec. 2205(b)(4), added par. (6a).

Par. (18). Pub. L. 101-508, Sec. 6204(c), substituted ''a use,

activity, or project conducted in or on waters within the coastal

zone'' for ''activities which are conducted in or on the water; but

does not mean or include the establishment of any water quality

standard or criteria or the regulation of the discharge or runoff

of water pollutants except the standards, criteria, or regulations

which are incorporated in any program as required by the provisions

of section 1456(f) of this title''.

1980 - Pars. (2) to (4). Pub. L. 96-464, Sec. 4(1)-(3), added

par. (2), redesignated former pars. (2) and (3) as (3) and (4), and

in par. (4), as so redesignated, substituted ''Guam, the

Commonwealth of the Northern Mariana Islands, and the Trust

Territories of the Pacific Islands, and American Samoa'' for ''Guam

and American Samoa''. Former par. (4) redesignated (5).

Pars. (5) to (16). Pub. L. 96-464, Sec. 4(1), redesignated pars.

(4) to (15) as (15) to (16). Former par. (16) redesignated (17).

Pars. (17), (18). Pub. L. 96-464, Sec. 4(1), (4), (5), added par.

(17) and redesignated former par. (17) as (18).

1976 - Par. (1). Pub. L. 94-370, Sec. 3(1), redesignated par. (a)

as (1), substituted ''The term 'coastal' '' for '' 'Coastal' '',

and inserted ''islands,'' after ''and includes''.

Par. (2). Pub. L. 94-370, Sec. 3(2), redesignated par. (b) as

(2), substituted ''The term 'coastal' '' for '' 'Coastal' '',

''(A)'' for ''(1)'', and ''(B)'' for ''(2)''.

Par. (3). Pub. L. 94-370, Sec. 3(3), redesignated par. (c) as (3)

and substituted ''The term 'coastal' '' for '' 'Coastal'.''

Pars. (4), (5). Pub. L. 94-370, Sec. 3(4), added pars. (4) and

(5).

Par. (6). Pub. L. 94-370, Sec. 3(5), redesignated par. (d) as (6)

and substituted ''The term 'estuary' '' for '' 'Estuary'.''

Par. (7). Pub. L. 94-370, Sec. 3(6), redesignated par. (e) as (7)

and substituted ''The term 'estuarine' '' for '' 'Estuarine' '' and

''estuary and any island, transitional area, and upland in,

adjoining, or adjacent to such estuary, and which constitutes'' for

''estuary, adjoining transitional areas, and adjacent uplands,

constituting''.

Par. (8). Pub. L. 94-370, Sec. 3(7), added par. (8).

Par. (9). Pub. L. 94-370, Sec. 3(7), added par. (9),

incorporating provisions of par. (i), which was struck out by Pub.

L. 94-370, Sec. 3(11).

Par. (10). Pub. L. 94-370, Sec. 3(7), added par. (10).

Par. (11). Pub. L. 94-370, Sec. 3(8), redesignated par. (g) as

(11) and substituted ''The term 'management program' '' for ''

'Management program'.''

Pars. (12) to (14). Pub. L. 94-370, Sec. 3(9), added pars. (12)

to (14).

Par. (15). Pub. L. 94-370, Sec. 3(9), added par. (15),

incorporating provisions of par. (f), which was struck out by Pub.

L. 94-370, Sec. 3(7).

Par. (16). Pub. L. 94-370, Sec. 3(10), redesignated par. (h) as

(16) and substituted ''The term 'water use' '' for '' 'Water

use'.''

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-EXEC-

PROC. NO. 5030. EXCLUSIVE ECONOMIC ZONE

Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, provided:

WHEREAS the Government of the United States of America desires to

facilitate the wise development and use of the oceans consistent

with international law;

WHEREAS international law recognizes that, in a zone beyond its

territory and adjacent to its territorial sea, known as the

Exclusive Economic Zone, a coastal State may assert certain

sovereign rights over natural resources and related jurisdiction;

and

WHEREAS the establishment of an Exclusive Economic Zone by the

United States will advance the development of ocean resources and

promote the protection of the marine environment, while not

affecting other lawful uses of the zone, including the freedoms of

navigation and overflight, by other States;

NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me

as President by the Constitution and laws of the United States of

America, do hereby proclaim the sovereign rights and jurisdiction

of the United States of America and confirm also the rights and

freedoms of all States within an Exclusive Economic Zone, as

described herein.

The Exclusive Economic Zone of the United States is a zone

contiguous to the territorial sea, including zones contiguous to

the territorial sea of the United States, the Commonwealth of

Puerto Rico, the Commonwealth of the Northern Mariana Islands (to

the extent consistent with the Covenant and the United Nations

Trusteeship Agreement), and United States overseas territories and

possessions. The Exclusive Economic Zone extends to a distance 200

nautical miles from the baseline from which the breadth of the

territorial sea is measured. In cases where the maritime boundary

with a neighboring State remains to be determined, the boundary of

the Exclusive Economic Zone shall be determined by the United

States and other State concerned in accordance with equitable

principles.

Within the Exclusive Economic Zone, the United States has, to the

extent permitted by international law, (a) sovereign rights for the

purpose of exploring, exploiting, conserving and managing natural

resources, both living and non-living, of the seabed and subsoil

and the superjacent waters and with regard to other activities for

the economic exploitation and exploration of the zone, such as the

production of energy from the water, currents and winds; and (b)

jurisdiction with regard to the establishment and use of artificial

islands, and installations and structures having economic purposes,

and the protection and preservation of the marine environment.

This Proclamation does not change existing United States policies

concerning the continental shelf, marine mammals and fisheries,

including highly migratory species of tuna which are not subject to

United States jurisdiction and require international agreements for

effective management.

The United States will exercise these sovereign rights and

jurisdiction in accordance with the rules of international law.

Without prejudice to the sovereign rights and jurisdiction of the

United States, the Exclusive Economic Zone remains an area beyond

the territory and territorial sea of the United States in which all

States enjoy the high seas freedoms of navigation, overflight, the

laying of submarine cables and pipelines, and other internationally

lawful uses of the sea.

IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of

March, in the year of our Lord nineteen hundred and eighty-three,

and of the Independence of the United States of America the two

hundred and seventh. Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1455b of this title; title

33 section 1122; title 43 sections 1337, 1356a.

-CITE-

16 USC Sec. 1454 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1454. Submittal of State program for approval

-STATUTE-

Any coastal state which has completed the development of its

management program shall submit such program to the Secretary for

review and approval pursuant to section 1455 of this title.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 305, as added Pub. L. 92-583, Oct.

27, 1972, 86 Stat. 1282; amended Pub. L. 93-612, Sec. 1(1), Jan. 2,

1975, 88 Stat. 1974; Pub. L. 94-370, Sec. 4, July 26, 1976, 90

Stat. 1015; Pub. L. 101-508, title VI, Sec. 6205, Nov. 5, 1990, 104

Stat. 1388-302; Pub. L. 102-587, title II, Sec. 2205(b)(1)(A), Nov.

4, 1992, 106 Stat. 5050; Pub. L. 104-150, Sec. 2(a), (b)(1), June

3, 1996, 110 Stat. 1380.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-150, Sec. 2(b)(1), substituted ''Submittal of

State program for approval'' for ''Management program development

grants'' in section catchline, struck out ''(b)'' before ''Any

coastal state'', and struck out subsec. (a) which read as follows:

''In fiscal years 1997, 1998, and 1999, the Secretary may make a

grant annually to any coastal state without an approved program if

the coastal state demonstrates to the satisfaction of the Secretary

that the grant will be used to develop a management program

consistent with the requirements set forth in section 1455 of this

title. The amount of any such grant shall not exceed $200,000 in

any fiscal year, and shall require State matching funds according

to a 4-to-1 ratio of Federal-to-State contributions. After an

initial grant is made to a coastal state pursuant to this

subsection, no subsequent grant shall be made to that coastal state

pursuant to this subsection unless the Secretary finds that the

coastal state is satisfactorily developing its management program.

No coastal state is eligible to receive more than four grants

pursuant to this subsection.''

Subsec. (a). Pub. L. 104-150, Sec. 2(a), substituted ''1997,

1998, and 1999'' for ''1991, 1992, and 1993'' and ''four grants''

for ''two grants''.

1992 - Pub. L. 102-587 substituted ''coastal state'' for

''coastal State'' in last sentence of subsec. (a) and in subsec.

(b).

1990 - Pub. L. 101-508 amended section generally, substituting

present provisions for provisions which authorized management

program development grants, established program requirements, set

limits on grants, provided for grants for completion of development

and implementation of management programs, provided for allocation

of grants, reversion of unobligated grants, and grants to other

political subdivisions, required submission of program for review

and approval, and set forth an expiration date of grant authority.

1976 - Subsec. (a). Pub. L. 94-370 incorporated existing

provisions into par. (1), limiting applicability of such provisions

to subsec. (c), and added par. (2).

Subsec. (b). Pub. L. 94-370 added pars. (7) to (9) and effective

date provisions of such paragraphs after par. (9).

Subsec. (c). Pub. L. 94-370 substituted provision that grant

should not exceed 80 per centum of a coastal state's costs for

purposes described in subsection (a)(1) of this section for

provision that grant should not exceed 66 2/3 per centum of the

costs of the program in any one year, expanded to four the number

of grants a state is eligible to receive pursuant to this

subsection, and struck out provision that Federal funds received

from other sources shall not be used to match such grants.

Subsec. (d). Pub. L. 94-370 substituted provisions authorizing

Secretary to make grants annually to any coastal state for purposes

described in subsection (a)(2) and setting forth eligibility

prerequisites for initial implementation grants for provisions,

which were incorporated into subsec. (h), authorizing Secretary to

review and approve the state's submitted management program which

on final approval terminates state's eligibility under this

section, but commences state's eligibility under section 1455 of

this title.

Subsec. (e). Pub. L. 94-370 restructured existing provisions into

pars. (1) and (2), and as so restructured, substituted in

provisions preceding par. (1) reference to shall be made to, and

allocated among, the coastal states for reference to shall be

allocated to the states, and in par. (1) inserted proviso relating

to the waiver at the option of the Secretary of the 10 per centum

maximum requirement.

Subsec. (f). Pub. L. 94-370 substituted ''The amount of any

grant'' for ''Grant'' and ''the coastal state'' for ''a state''.

Subsec. (g). Pub. L. 94-370 substituted ''any coastal state'' for

''the state'' and inserted ''received by it'' before ''under this

section''.

Subsecs. (h), (i). Pub. L. 94-370 added subsec. (h) which

incorporated provisions of former subsec. (d), redesignated former

subsec. (h) as (i), and substituted ''September 30, 1979'' for

''June 30, 1977''.

1975 - Subsec. (e). Pub. L. 93-612 inserted proviso relating to

the waiver by the Secretary of the 1 per centum minimum requirement

upon request by the coastal state.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 2(b)(3) of Pub. L. 104-150 provided that: ''This

subsection (amending this section and section 1456a of this title)

shall take effect on October 1, 1999.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1456a, 1460 of this

title; title 43 sections 1331, 1344.

-CITE-

16 USC Sec. 1455 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1455. Administrative grants

-STATUTE-

(a) Authorization; matching funds

The Secretary may make grants to any coastal state for the

purpose of administering that State's management program, if the

State matches any such grant according to the following ratios of

Federal-to-State contributions for the applicable fiscal year:

(1) For those States for which programs were approved prior to

November 5, 1990, 1 to 1 for any fiscal year.

(2) For programs approved after November 5, 1990, 4 to 1 for

the first fiscal year, 2.3 to 1 for the second fiscal year, 1.5

to 1 for the third fiscal year, and 1 to 1 for each fiscal year

thereafter.

(b) Grants to coastal states; requirements

The Secretary may make a grant to a coastal state under

subsection (a) of this section only if the Secretary finds that the

management program of the coastal state meets all applicable

requirements of this chapter and has been approved in accordance

with subsection (d) of this section.

(c) Allocation of grants to coastal states

Grants under this section shall be allocated to coastal states

with approved programs based on rules and regulations promulgated

by the Secretary which shall take into account the extent and

nature of the shoreline and area covered by the program, population

of the area, and other relevant factors. The Secretary shall

establish, after consulting with the coastal states, maximum and

minimum grants for any fiscal year to promote equity between

coastal states and effective coastal management.

(d) Mandatory adoption of State management program for coastal zone

Before approving a management program submitted by a coastal

state, the Secretary shall find the following:

(1) The State has developed and adopted a management program

for its coastal zone in accordance with rules and regulations

promulgated by the Secretary, after notice, and with the

opportunity of full participation by relevant Federal agencies,

State agencies, local governments, regional organizations, port

authorities, and other interested parties and individuals, public

and private, which is adequate to carry out the purposes of this

chapter and is consistent with the policy declared in section

1452 of this title.

(2) The management program includes each of the following

required program elements:

(A) An identification of the boundaries of the coastal zone

subject to the management program.

(B) A definition of what shall constitute permissible land

uses and water uses within the coastal zone which have a direct

and significant impact on the coastal waters.

(C) An inventory and designation of areas of particular

concern within the coastal zone.

(D) An identification of the means by which the State

proposes to exert control over the land uses and water uses

referred to in subparagraph (B), including a list of relevant

State constitutional provisions, laws, regulations, and

judicial decisions.

(E) Broad guidelines on priorities of uses in particular

areas, including specifically those uses of lowest priority.

(F) A description of the organizational structure proposed to

implement such management program, including the

responsibilities and interrelationships of local, areawide,

State, regional, and interstate agencies in the management

process.

(G) A definition of the term ''beach'' and a planning process

for the protection of, and access to, public beaches and other

public coastal areas of environmental, recreational,

historical, esthetic, ecological, or cultural value.

(H) A planning process for energy facilities likely to be

located in, or which may significantly affect, the coastal

zone, including a process for anticipating the management of

the impacts resulting from such facilities.

(I) A planning process for assessing the effects of, and

studying and evaluating ways to control, or lessen the impact

of, shoreline erosion, and to restore areas adversely affected

by such erosion.

(3) The State has -

(A) coordinated its program with local, areawide, and

interstate plans applicable to areas within the coastal zone -

(i) existing on January 1 of the year in which the State's

management program is submitted to the Secretary; and

(ii) which have been developed by a local government, an

areawide agency, a regional agency, or an interstate agency;

and

(B) established an effective mechanism for continuing

consultation and coordination between the management agency

designated pursuant to paragraph (6) and with local

governments, interstate agencies, regional agencies, and

areawide agencies within the coastal zone to assure the full

participation of those local governments and agencies in

carrying out the purposes of this chapter; except that the

Secretary shall not find any mechanism to be effective for

purposes of this subparagraph unless it requires that -

(i) the management agency, before implementing any

management program decision which would conflict with any

local zoning ordinance, decision, or other action, shall send

a notice of the management program decision to any local

government whose zoning authority is affected;

(ii) within the 30-day period commencing on the date of

receipt of that notice, the local government may submit to

the management agency written comments on the management

program decision, and any recommendation for alternatives;

and

(iii) the management agency, if any comments are submitted

to it within the 30-day period by any local government -

(I) shall consider the comments;

(II) may, in its discretion, hold a public hearing on the

comments; and

(III) may not take any action within the 30-day period to

implement the management program decision.

(4) The State has held public hearings in the development of

the management program.

(5) The management program and any changes thereto have been

reviewed and approved by the Governor of the State.

(6) The Governor of the State has designated a single State

agency to receive and administer grants for implementing the

management program.

(7) The State is organized to implement the management program.

(8) The management program provides for adequate consideration

of the national interest involved in planning for, and managing

the coastal zone, including the siting of facilities such as

energy facilities which are of greater than local significance.

In the case of energy facilities, the Secretary shall find that

the State has given consideration to any applicable national or

interstate energy plan or program.

(9) The management program includes procedures whereby specific

areas may be designated for the purpose of preserving or

restoring them for their conservation, recreational, ecological,

historical, or esthetic values.

(10) The State, acting through its chosen agency or agencies

(including local governments, areawide agencies, regional

agencies, or interstate agencies) has authority for the

management of the coastal zone in accordance with the management

program. Such authority shall include power -

(A) to administer land use and water use regulations to

control development (FOOTNOTE 1) to ensure compliance with the

management program, and to resolve conflicts among competing

uses; and

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(B) to acquire fee simple and less than fee simple interests

in land, waters, and other property through condemnation or

other means when necessary to achieve conformance with the

management program.

(11) The management program provides for any one or a

combination of the following general techniques for control of

land uses and water uses within the coastal zone:

(A) State establishment of criteria and standards for local

implementation, subject to administrative review and

enforcement.

(B) Direct State land and water use planning and regulation.

(C) State administrative review for consistency with the

management program of all development plans, projects, or land

and water use regulations, including exceptions and variances

thereto, proposed by any State or local authority or private

developer, with power to approve or disapprove after public

notice and an opportunity for hearings.

(12) The management program contains a method of assuring that

local land use and water use regulations within the coastal zone

do not unreasonably restrict or exclude land uses and water uses

of regional benefit.

(13) The management program provides for -

(A) the inventory and designation of areas that contain one

or more coastal resources of national significance; and

(B) specific and enforceable standards to protect such

resources.

(14) The management program provides for public participation

in permitting processes, consistency determinations, and other

similar decisions.

(15) The management program provides a mechanism to ensure that

all State agencies will adhere to the program.

(16) The management program contains enforceable policies and

mechanisms to implement the applicable requirements of the

Coastal Nonpoint Pollution Control Program of the State required

by section 1455b of this title.

(e) Amendment or modification of State management program for

coastal zone

A coastal state may amend or modify a management program which it

has submitted and which has been approved by the Secretary under

this section, subject to the following conditions:

(1) The State shall promptly notify the Secretary of any

proposed amendment, modification, or other program change and

submit it for the Secretary's approval. The Secretary may

suspend all or part of any grant made under this section pending

State submission of the proposed amendments, modification, or

other program change.

(2) Within 30 days after the date the Secretary receives any

proposed amendment, the Secretary shall notify the State whether

the Secretary approves or disapproves the amendment, or whether

the Secretary finds it is necessary to extend the review of the

proposed amendment for a period not to exceed 120 days after the

date the Secretary received the proposed amendment. The

Secretary may extend this period only as necessary to meet the

requirements of the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.). If the Secretary does not notify the

coastal state that the Secretary approves or disapproves the

amendment within that period, then the amendment shall be

conclusively presumed as approved.

(3)(A) Except as provided in subparagraph (B), a coastal state

may not implement any amendment, modification, or other change as

part of its approved management program unless the amendment,

modification, or other change is approved by the Secretary under

this subsection.

(B) The Secretary, after determining on a preliminary basis,

that an amendment, modification, or other change which has been

submitted for approval under this subsection is likely to meet

the program approval standards in this section, may permit the

State to expend funds awarded under this section to begin

implementing the proposed amendment, modification, or change.

This preliminary approval shall not extend for more than 6 months

and may not be renewed. A proposed amendment, modification, or

change which has been given preliminary approval and is not

finally approved under this paragraph shall not be considered an

enforceable policy for purposes of section 1456 of this title.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 306, as added Pub. L. 92-583, Oct.

27, 1972, 86 Stat. 1283; amended Pub. L. 93-612, Sec. 1(2), Jan. 2,

1975, 88 Stat. 1974; Pub. L. 94-370, Sec. 5, July 26, 1976, 90

Stat. 1017; Pub. L. 96-464, Sec. 5(a), Oct. 17, 1980, 94 Stat.

2062; Pub. L. 99-272, title VI, Sec. 6043(b)(1), (c), Apr. 7, 1986,

100 Stat. 124, 125; Pub. L. 101-508, title VI, Sec. 6206(a), Nov.

5, 1990, 104 Stat. 1388-303; Pub. L. 102-587, title II, Sec.

2205(b)(1)(A), (B), (8), Nov. 4, 1992, 106 Stat. 5050, 5051.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (e)(2), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1992 - Subsecs. (a) to (d), (e)(2), (3)(A). Pub. L. 102-587

substituted ''coastal state'' and ''coastal states'' for ''coastal

State'' and ''coastal States'', respectively, wherever appearing,

and substituted period for semicolon at end of subsec. (b).

1990 - Pub. L. 101-508 amended section generally, substituting

present provisions for provisions which authorized grants for

administering a state management program, provided for a ratio of

Federal to State contributions, allocation of grants, program

requirements, required authority for management of coastal zone,

required findings prior to approval of grants, allocation to other

political subdivisions, program modification, segmental

development, and inventory and designation of areas of national

significance and standards for protection of coastal resources.

1986 - Subsec. (a). Pub. L. 99-272, Sec. 6043(b)(1), amended

introductory text generally, which prior to amendment read as

follows: ''The Secretary may make grants to any coastal state for

not more than 80 per centum of the costs of administering such

state's management program if the Secretary - ''.

Subsec. (g). Pub. L. 99-272, Sec. 6043(c), inserted '', and

subject to the following conditions:'' in provisions preceding par.

(1), added pars. (1) to (3), and struck out provision that except

with respect to any management program amendment which was made

before Oct. 1, 1978, for the purpose of complying with the

requirements of section 1454(b)(7), (8) and (9) of this title, no

grant was to be made under this section to any coastal state after

the date of such amendment or modification, until the Secretary

approved such amendment or modification.

1980 - Subsec. (a). Pub. L. 96-464, Sec. 5(a)(1), in opening

text, substituted ''The Secretary may make grants'' for ''The

Secretary may make a grant annually'', added par. (3), and

provision following par. (3) which defined the costs of

administering a management program.

Subsec. (b). Pub. L. 96-464, Sec. 5(2), struck out proviso that

no annual grant made under this section shall be in excess of

$2,000,000 for fiscal year 1975, in excess of $2,500,000 for fiscal

year 1976, and in excess of $3,000,000 for fiscal year 1977.

Subsec. (i). Pub. L. 96-464, Sec. 5(a)(3), added subsec. (i).

1976 - Subsec. (a). Pub. L. 94-370, Sec. 5(1), raised the federal

share of grants to 80 per centum from 66 2/3 per centum of the cost

of administering a state's management program, substituted

requirement that Secretary approve state's management program in

accordance with subsecs. (c), (d), and (e) and find that such

programs meet requirements under section 1454(b) of this title for

requirement that Secretary approve state's management programs in

accordance with subsec. (c), and struck out proviso that Federal

funds from other sources shall not be used to pay the state's share

of costs.

Subsec. (c)(2)(B). Pub. L. 94-370, Sec. 5(2), inserted provisions

that mechanism not be found to be effective by Secretary until

management agency meets certain requirement such as notice to

affected zoning authority, 30-day period for zoning authority to

respond with recommendations, and action to be taken by management

agency where zoning authority does submit recommendations.

Subsec. (c)(8). Pub. L. 94-370, Sec. 5(3), inserted ''planning

for, and'' before ''in the siting of'' and reference to energy

facilities in, or which significantly affect, such state's coastal

zone and inserted proviso that in the case of energy facilities,

the Secretary shall find that the state has given consideration to

any applicable interstate energy plan or program.

Subsec. (g). Pub. L. 94-370, Sec. 5(4), inserted requirement that

except for pre-Oct. 1, 1978 amendments of management programs, for

purposes of complying with section 1454(b)(7), (8), and (9) of this

title, no grant shall be made under this section to any coastal

state after the date of an amendment until approved by Secretary.

1975 - Subsec. (b). Pub. L. 93-612 substituted provisos

establishing maximum amount of annual grant for fiscal years 1975,

1976, and 1977, establishing a minimum of 1 per centum of the total

appropriated amount, and providing for waiver of the 1 per centum

minimum upon request of the coastal State, for proviso limiting an

annual administrative grant to a maximum of 10 per centum and a

minimum of 1 per centum of the total appropriated amount.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 5(b) of Pub. L. 96-464 provided that: ''The amendments

made by subsection (a)(1) and (2) of this section (amending this

section) apply with respect to grants made after September 30,

1980, under section 306 of the Coastal Zone Management Act of 1972

(this section) and, within two hundred and seventy days after such

date, the Secretary of Commerce shall issue regulations relating to

the administration of subsection (a) of such section 306 (as so

amended by such subsection (a)(1).''

ADDITIONAL PROGRAM REQUIREMENTS

Section 6206(b) of title VI of Pub. L. 101-508 provided that:

''Each State which submits a management program for approval under

section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C.

1455), as amended by this subtitle (including a State which

submitted a program before the date of enactment of this Act (Nov.

5, 1990)), shall demonstrate to the Secretary -

''(1) that the program complies with section 306(d)(14) and

(15) of that Act, by not later than 3 years after the date of the

enactment of this Act; and

''(2) that the program complies with section 306(d)(16) of that

Act, by not later than 30 months after the date of publication of

final guidance under section 6217(g) of this Act (16 U.S.C.

1455b(g)).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1454, 1455a, 1455b, 1456,

1456a, 1456b, 1460, 1464, 3952 of this title; title 43 sections

1340, 1344, 1351.

-CITE-

16 USC Sec. 1455a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1455a. Coastal resource improvement program

-STATUTE-

(a) Definitions

For purposes of this section -

(1) The term ''eligible coastal state'' means a coastal state

that for any fiscal year for which a grant is applied for under

this section -

(A) has a management program approved under section 1455 of

this title; and

(B) in the judgment of the Secretary, is making satisfactory

progress in activities designed to result in significant

improvement in achieving the coastal management objectives

specified in section 1452(2)(A) through (K) of this title.

(2) The term ''urban waterfront and port'' means any developed

area that is densely populated and is being used for, or has been

used for, urban residential recreational, commercial, shipping or

industrial purposes.

(b) Resource management improvement grants

The Secretary may make grants to any eligible coastal state to

assist that state in meeting one or more of the following

objectives:

(1) The preservation or restoration of specific areas of the

state that (A) are designated under the management program

procedures required by section 1455(d)(9) of this title because

of their conservation recreational, ecological, or esthetic

values, or (B) contain one or more coastal resources of national

significance, or for the purpose of restoring and enhancing

shellfish production by the purchase and distribution of clutch

material on publicly owned reef tracts.

(2) The redevelopment of deteriorating and underutilized urban

waterfronts and ports that are designated in the state's

management program pursuant to section 1455(d)(2)(C) of this

title as areas of particular concern.

(3) The provision of access to public beaches and other public

coastal areas and to coastal waters in accordance with the

planning process required under section 1455(d)(2)(G) of this

title.

(4) The development of a coordinated process among State

agencies to regulate and issue permits for aquaculture facilities

in the coastal zone.

(c) Uses, terms and conditions of grants

(1) Each grant made by the Secretary under this section shall be

subject to such terms and conditions as may be appropriate to

ensure that the grant is used for purposes consistent with this

section.

(2) Grants made under this section may be used for -

(A) the acquisition of fee simple and other interests in land;

(B) low-cost construction projects determined by the Secretary

to be consistent with the purposes of this section, including but

not limited to, paths, walkways, fences, parks, and the

rehabilitation of historic buildings and structures; except that

not more than 50 per centum of any grant made under this section

may be used for such construction projects;

(C) in the case of grants made for objectives described in

subsection (b)(2) of this section -

(i) the rehabilitation or acquisition of piers to provide

increased public use, including compatible commercial activity.

(ii) the establishment of shoreline stabilization measures

including the installation or rehabilitation of bulkheads for

the purpose of public safety or increasing public access and

use, and

(iii) the removal or replacement of pilings where such action

will provide increased recreational use of urban waterfront

areas,

but activities provided for under this paragraph shall not be

treated as construction projects subject to the limitations in

paragraph (B);

(D) engineering designs, specifications, and other appropriate

reports; and

(E) educational, interpretive, and management costs and such

other related costs as the Secretary determines to be consistent

with the purposes of this section.

(d) State matching contributions; ratio; maximum amount of grants

(1) The Secretary may make grants to any coastal state for the

purpose of carrying out the project or purpose for which such

grants are awarded, if the state matches any such grant according

to the following ratios of Federal to state contributions for the

applicable fiscal year: 4 to 1 for fiscal year 1986; 2.3 to 1 for

fiscal year 1987; 1.5 to 1 for fiscal year 1988; and 1 to 1 for

each fiscal year after fiscal year 1988.

(2) Grants provided under this section may be used to pay a

coastal state's share of costs required under any other Federal

program that is consistent with the purposes of this section.

(3) The total amount of grants made under this section to any

eligible coastal state for any fiscal year may not exceed an amount

equal to 10 per centum of the total amount appropriated to carry

out this section for such fiscal year.

(e) Allocation of grants to local governments and other agencies

With the approval of the Secretary, an eligible coastal state may

allocate to a local government, an areawide agency designated under

section 3334 of title 42, a regional agency, or an interstate

agency, a portion of any grant made under this section for the

purpose of carrying out this section; except that such an

allocation shall not relieve that state of the responsibility for

ensuring that any funds so allocated are applied in furtherance of

the state's approved management program.

(f) Other technical and financial assistance

In addition to providing grants under this section, the Secretary

shall assist eligible coastal states and their local governments in

identifying and obtaining other sources of available Federal

technical and financial assistance regarding the objectives of this

section.

-SOURCE-

(Pub. L. 89-454, title II, Sec. 306A, as added Pub. L. 96-464, Sec.

6, Oct. 17, 1980, 94 Stat. 2062; amended Pub. L. 99-272, title VI,

Sec. 6043(b)(2), Apr. 7, 1986, 100 Stat. 124; Pub. L. 101-508,

title VI, Sec. 6207, 6216(a), Nov. 5, 1990, 104 Stat. 1388-307,

1388-314; Pub. L. 102-587, title II, Sec. 2205(b)(9)-(12), Nov. 4,

1992, 106 Stat. 5051; Pub. L. 104-150, Sec. 7(1), June 3, 1996, 110

Stat. 1381.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(4). Pub. L. 104-150 added par. (4).

1992 - Subsec. (a)(1)(B). Pub. L. 102-587, Sec. 2205(b)(10),

substituted ''through (K)'' for ''through (I)''.

Subsec. (b)(1). Pub. L. 102-587, Sec. 2205(b)(9), made technical

amendment to directory language of Pub. L. 101-508, Sec. 6216(a).

See 1990 Amendment note below.

Subsec. (b)(2). Pub. L. 102-587, Sec. 2205(b)(11)(A), substituted

''that are designated in the state's management program pursuant to

section 1455(d)(2)(C) of this title as areas of particular

concern'' for ''that are designated under section 1454(b)(3) of

this title in the state's management program as areas of particular

concern''.

Subsec. (b)(3). Pub. L. 102-587, Sec. 2205(b)(11)(B), substituted

''access to'' for ''access of'' and ''1455(d)(2)(G)'' for

''1454(b)(7)''.

Subsec. (c)(2)(C). Pub. L. 102-587, Sec. 2205(b)(12), in closing

provisions, substituted ''shall not be'' for ''shall not by''.

1990 - Subsec. (b)(1). Pub. L. 101-508, Sec. 6216(a), as amended

by Pub. L. 102-587, Sec. 2205(b)(9), substituted ''1455(d)(9)'' for

''1455(c)(9)''.

Pub. L. 101-508, Sec. 6207, inserted before period at end '', or

for the purpose of restoring and enhancing shellfish production by

the purchase and distribution of clutch material on publicly owned

reef tracts''.

1986 - Subsec. (d)(1). Pub. L. 99-272 amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''No

grant made under this section may exceed an amount equal to 80 per

centum of the cost of carrying out the purpose or project for which

it was awarded.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1456b, 1460, 1464 of this

title.

-CITE-

16 USC Sec. 1455b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1455b. Protecting coastal waters

-STATUTE-

(a) In general

(1) Program development

Not later than 30 months after the date of the publication of

final guidance under subsection (g) of this section, each State

for which a management program has been approved pursuant to

section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C.

1455) shall prepare and submit to the Secretary and the

Administrator a Coastal Nonpoint Pollution Control Program for

approval pursuant to this section. The purpose of the program

shall be to develop and implement management measures for

nonpoint source pollution to restore and protect coastal waters,

working in close conjunction with other State and local

authorities.

(2) Program coordination

A State program under this section shall be coordinated closely

with State and local water quality plans and programs developed

pursuant to sections 1288, 1313, 1329, and 1330 of title 33 and

with State plans developed pursuant to the Coastal Zone

Management Act of 1972, as amended by this Act (16 U.S.C. 1451 et

seq.). The program shall serve as an update and expansion of the

State nonpoint source management program developed under section

1329 of title 33, as the program under that section relates to

land and water uses affecting coastal waters.

(b) Program contents

Each State program under this section shall provide for the

implementation, at a minimum, of management measures in conformity

with the guidance published under subsection (g) of this section,

to protect coastal waters generally, and shall also contain the

following:

(1) Identifying land uses

The identification of, and a continuing process for

identifying, land uses which, individually or cumulatively, may

cause or contribute significantly to a degradation of -

(A) those coastal waters where there is a failure to attain

or maintain applicable water quality standards or protect

designated uses, as determined by the State pursuant to its

water quality planning processes; or

(B) those coastal waters that are threatened by reasonably

foreseeable increases in pollution loadings from new or

expanding sources.

(2) Identifying critical coastal areas

The identification of, and a continuing process for

identifying, critical coastal areas adjacent to coastal waters

referred to in paragraph (1)(A) and (B), within which any new

land uses or substantial expansion of existing land uses shall be

subject to management measures in addition to those provided for

in subsection (g) of this section.

(3) Management measures

The implementation and continuing revision from time to time of

additional management measures applicable to the land uses and

areas identified pursuant to paragraphs (1) and (2) that are

necessary to achieve and maintain applicable water quality

standards under section 1313 of title 33 and protect designated

uses.

(4) Technical assistance

The provision of technical and other assistance to local

governments and the public for implementing the measures referred

to in paragraph (3), which may include assistance in developing

ordinances and regulations, technical guidance, and modeling to

predict and assess the effectiveness of such measures, training,

financial incentives, demonstration projects, and other

innovations to protect coastal water quality and designated uses.

(5) Public participation

Opportunities for public participation in all aspects of the

program, including the use of public notices and opportunities

for comment, nomination procedures, public hearings, technical

and financial assistance, public education, and other means.

(6) Administrative coordination

The establishment of mechanisms to improve coordination among

State agencies and between State and local officials responsible

for land use programs and permitting, water quality permitting

and enforcement, habitat protection, and public health and

safety, through the use of joint project review, memoranda of

agreement, or other mechanisms.

(7) State coastal zone boundary modification

A proposal to modify the boundaries of the State coastal zone

as the coastal management agency of the State determines is

necessary to implement the recommendations made pursuant to

subsection (e) of this section. If the coastal management agency

does not have the authority to modify such boundaries, the

program shall include recommendations for such modifications to

the appropriate State authority.

(c) Program submission, approval, and implementation

(1) Review and approval

Within 6 months after the date of submission by a State of a

program pursuant to this section, the Secretary and the

Administrator shall jointly review the program. The program

shall be approved if -

(A) the Secretary determines that the portions of the program

under the authority of the Secretary meet the requirements of

this section and the Administrator concurs with that

determination; and

(B) the Administrator determines that the portions of the

program under the authority of the Administrator meet the

requirements of this section and the Secretary concurs with

that determination.

(2) Implementation of approved program

If the program of a State is approved in accordance with

paragraph (1), the State shall implement the program, including

the management measures included in the program pursuant to

subsection (b) of this section, through -

(A) changes to the State plan for control of nonpoint source

pollution approved under section 1329 of title 33; and

(B) changes to the State coastal zone management program

developed under section 306 of the Coastal Zone Management Act

of 1972, as amended by this Act (16 U.S.C. 1455).

(3) Withholding coastal management assistance

If the Secretary finds that a coastal State has failed to

submit an approvable program as required by this section, the

Secretary shall withhold for each fiscal year until such a

program is submitted a portion of grants otherwise available to

the State for the fiscal year under section 306 of the Coastal

Zone Management Act of 1972 (16 U.S.C. 1455), as follows:

(A) 10 percent for fiscal year 1996.

(B) 15 percent for fiscal year 1997.

(C) 20 percent for fiscal year 1998.

(D) 30 percent for fiscal year 1999 and each fiscal year

thereafter.

The Secretary shall make amounts withheld under this paragraph

available to coastal States having programs approved under this

section.

(4) Withholding water pollution control assistance

If the Administrator finds that a coastal State has failed to

submit an approvable program as required by this section, the

Administrator shall withhold from grants available to the State

under section 1329 of title 33, for each fiscal year until such a

program is submitted, an amount equal to a percentage of the

grants awarded to the State for the preceding fiscal year under

that section, as follows:

(A) For fiscal year 1996, 10 percent of the amount awarded

for fiscal year 1995.

(B) For fiscal year 1997, 15 percent of the amount awarded

for fiscal year 1996.

(C) For fiscal year 1998, 20 percent of the amount awarded

for fiscal year 1997.

(D) For fiscal year 1999 and each fiscal year thereafter, 30

percent of the amount awarded for fiscal year 1998 or other

preceding fiscal year.

The Administrator shall make amounts withheld under this

paragraph available to States having programs approved pursuant

to this subsection.

(d) Technical assistance

The Secretary and the Administrator shall provide technical

assistance to coastal States and local governments in developing

and implementing programs under this section. Such assistance

shall include -

(1) methods for assessing water quality impacts associated with

coastal land uses;

(2) methods for assessing the cumulative water quality effects

of coastal development;

(3) maintaining and from time to time revising an inventory of

model ordinances, and providing other assistance to coastal

States and local governments in identifying, developing, and

implementing pollution control measures; and

(4) methods to predict and assess the effects of coastal land

use management measures on coastal water quality and designated

uses.

(e) Inland coastal zone boundaries

(1) Review

The Secretary, in consultation with the Administrator of the

Environmental Protection Agency, shall, within 18 months after

November 5, 1990, review the inland coastal zone boundary of each

coastal State program which has been approved or is proposed for

approval under section 306 of the Coastal Zone Management Act of

1972 (16 U.S.C. 1455), and evaluate whether the State's coastal

zone boundary extends inland to the extent necessary to control

the land and water uses that have a significant impact on coastal

waters of the State.

(2) Recommendation

If the Secretary, in consultation with the Administrator, finds

that modifications to the inland boundaries of a State's coastal

zone are necessary for that State to more effectively manage land

and water uses to protect coastal waters, the Secretary, in

consultation with the Administrator, shall recommend appropriate

modifications in writing to the affected State.

(f) Financial assistance

(1) In general

Upon request of a State having a program approved under section

306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455),

the Secretary, in consultation with the Administrator, may

provide grants to the State for use for developing a State

program under this section.

(2) Amount

The total amount of grants to a State under this subsection

shall not exceed 50 percent of the total cost to the State of

developing a program under this section.

(3) State share

The State share of the cost of an activity carried out with a

grant under this subsection shall be paid from amounts from

non-Federal sources.

(4) Allocation

Amounts available for grants under this subsection shall be

allocated among States in accordance with regulations issued

pursuant to section 306(c) of the Coastal Zone Management Act of

1972 (16 U.S.C. 1455(c)), except that the Secretary may use not

more than 25 percent of amounts available for such grants to

assist States which the Secretary, in consultation with the

Administrator, determines are making exemplary progress in

preparing a State program under this section or have extreme

needs with respect to coastal water quality.

(g) Guidance for coastal nonpoint source pollution control

(1) In general

The Administrator, in consultation with the Secretary and the

Director of the United States Fish and Wildlife Service and other

Federal agencies, shall publish (and periodically revise

thereafter) guidance for specifying management measures for

sources of nonpoint pollution in coastal waters.

(2) Content

Guidance under this subsection shall include, at a minimum -

(A) a description of a range of methods, measures, or

practices, including structural and nonstructural controls and

operation and maintenance procedures, that constitute each

measure;

(B) a description of the categories and subcategories of

activities and locations for which each measure may be

suitable;

(C) an identification of the individual pollutants or

categories or classes of pollutants that may be controlled by

the measures and the water quality effects of the measures;

(D) quantitative estimates of the pollution reduction effects

and costs of the measures;

(E) a description of the factors which should be taken into

account in adapting the measures to specific sites or

locations; and

(F) any necessary monitoring techniques to accompany the

measures to assess over time the success of the measures in

reducing pollution loads and improving water quality.

(3) Publication

The Administrator, in consultation with the Secretary, shall

publish -

(A) proposed guidance pursuant to this subsection not later

than 6 months after November 5, 1990; and

(B) final guidance pursuant to this subsection not later than

18 months after November 5, 1990.

(4) Notice and comment

The Administrator shall provide to coastal States and other

interested persons an opportunity to provide written comments on

proposed guidance under this subsection.

(5) Management measures

For purposes of this subsection, the term ''management

measures'' means economically achievable measures for the control

of the addition of pollutants from existing and new categories

and classes of nonpoint sources of pollution, which reflect the

greatest degree of pollutant reduction achievable through the

application of the best available nonpoint pollution control

practices, technologies, processes, siting criteria, operating

methods, or other alternatives.

(h) Authorization of appropriations

(1) Administrator

There is authorized to be appropriated to the Administrator for

use for carrying out this section not more than $1,000,000 for

each of fiscal years 1992, 1993, and 1994.

(2) Secretary

(A) Of amounts appropriated to the Secretary for a fiscal year

under section 318(a)(4) (FOOTNOTE 1) of the Coastal Zone

Management Act of 1972, as amended by this Act, not more than

$1,000,000 shall be available for use by the Secretary for

carrying out this section for that fiscal year, other than for

providing in the form of grants under subsection (f) of this

section.

(FOOTNOTE 1) See References in Text note below.

(B) There is authorized to be appropriated to the Secretary for

use for providing in the form of grants under subsection (f) of

this section not more than -

(i) $6,000,000 for fiscal year 1992;

(ii) $12,000,000 for fiscal year 1993;

(iii) $12,000,000 for fiscal year 1994; and

(iv) $12,000,000 for fiscal year 1995.

(i) Definitions

In this section -

(1) the term ''Administrator'' means the Administrator of the

Environmental Protection Agency;

(2) the term ''coastal State'' has the meaning given the term

''coastal state'' under section 304 of the Coastal Zone

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

(3) each of the terms ''coastal waters'' and ''coastal zone''

has the meaning that term has in the Coastal Zone Management Act

of 1972 (16 U.S.C. 1451 et seq.);

(4) the term ''coastal management agency'' means a State agency

designated pursuant to section 306(d)(6) of the Coastal Zone

Management Act of 1972 (16 U.S.C. 1455(d)(6));

(5) the term ''land use'' includes a use of waters adjacent to

coastal waters; and

(6) the term ''Secretary'' means the Secretary of Commerce.

-SOURCE-

(Pub. L. 101-508, title VI, Sec. 6217, Nov. 5, 1990, 104 Stat.

1388-314; Pub. L. 102-587, title II, Sec. 2205(b)(24), Nov. 4,

1992, 106 Stat. 5052.)

-REFTEXT-

REFERENCES IN TEXT

The Coastal Zone Management Act of 1972, referred to in subsecs.

(a)(2) and (i)(3), is title III of Pub. L. 89-454 as added by Pub.

L. 92-583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is

classified generally to this chapter (Sec. 1451 et seq.). For

complete classification of this Act to the Code, see Short Title

note set out under section 1451 of this title and Tables.

This Act, referred to in subsecs. (a)(2) and (c)(2)(B), is Pub.

L. 101-508, Nov. 5, 1990, 104 Stat. 1388, known as the Omnibus

Budget Reconciliation Act of 1990. For complete classification of

this Act to the Code, see Tables.

Section 318(a) of the Coastal Zone Management Act of 1972,

referred to in subsec. (h)(2)(A), which is classified to section

1464(a) of this title, was amended by Pub. L. 104-150, Sec. 4(1),

June 3, 1996, 110 Stat. 1381, and, as so amended, does not contain

a par. (4).

-COD-

CODIFICATION

Section was enacted as part of the Coastal Zone Act

Reauthorization Amendments of 1990 and also as part of the Omnibus

Budget Reconciliation Act of 1990, and not as part of the Coastal

Zone Management Act of 1972 which comprises this chapter.

-MISC3-

AMENDMENTS

1992 - Subsec. (i)(3). Pub. L. 102-587 struck out comma after ''

'coastal waters' '' and inserted ''Zone'' before ''Management''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1455 of this title; title

42 section 300j-14.

-CITE-

16 USC Sec. 1456 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1456. Coordination and cooperation

-STATUTE-

(a) Federal agencies

In carrying out his functions and responsibilities under this

chapter, the Secretary shall consult with, cooperate with, and, to

the maximum extent practicable, coordinate his activities with

other interested Federal agencies.

(b) Adequate consideration of views of Federal agencies

The Secretary shall not approve the management program submitted

by a state pursuant to section 1455 of this title unless the views

of Federal agencies principally affected by such program have been

adequately considered.

(c) Consistency of Federal activities with State management

programs; Presidential exemption; certification

(1)(A) Each Federal agency activity within or outside the coastal

zone that affects any land or water use or natural resource of the

coastal zone shall be carried out in a manner which is consistent

to the maximum extent practicable with the enforceable policies of

approved State management programs. A Federal agency activity

shall be subject to this paragraph unless it is subject to

paragraph (2) or (3).

(B) After any final judgment, decree, or order of any Federal

court that is appealable under section 1291 or 1292 of title 28, or

under any other applicable provision of Federal law, that a

specific Federal agency activity is not in compliance with

subparagraph (A), and certification by the Secretary that mediation

under subsection (h) of this section is not likely to result in

such compliance, the President may, upon written request from the

Secretary, exempt from compliance those elements of the Federal

agency activity that are found by the Federal court to be

inconsistent with an approved State program, if the President

determines that the activity is in the paramount interest of the

United States. No such exemption shall be granted on the basis of a

lack of appropriations unless the President has specifically

requested such appropriations as part of the budgetary process, and

the Congress has failed to make available the requested

appropriations.

(C) Each Federal agency carrying out an activity subject to

paragraph (1) shall provide a consistency determination to the

relevant State agency designated under section 1455(d)(6) of this

title at the earliest practicable time, but in no case later than

90 days before final approval of the Federal activity unless both

the Federal agency and the State agency agree to a different

schedule.

(2) Any Federal agency which shall undertake any development

project in the coastal zone of a state shall insure that the

project is, to the maximum extent practicable, consistent with the

enforceable policies of approved state management programs.

(3)(A) After final approval by the Secretary of a state's

management program, any applicant for a required Federal license or

permit to conduct an activity, in or outside of the coastal zone,

affecting any land or water use or natural resource of the coastal

zone of that state shall provide in the application to the

licensing or permitting agency a certification that the proposed

activity complies with the enforceable policies of the state's

approved program and that such activity will be conducted in a

manner consistent with the program. At the same time, the

applicant shall furnish to the state or its designated agency a

copy of the certification, with all necessary information and

data. Each coastal state shall establish procedures for public

notice in the case of all such certifications and, to the extent it

deems appropriate, procedures for public hearings in connection

therewith. At the earliest practicable time, the state or its

designated agency shall notify the Federal agency concerned that

the state concurs with or objects to the applicant's

certification. If the state or its designated agency fails to

furnish the required notification within six months after receipt

of its copy of the applicant's certification, the state's

concurrence with the certification shall be conclusively presumed.

No license or permit shall be granted by the Federal agency until

the state or its designated agency has concurred with the

applicant's certification or until, by the state's failure to act,

the concurrence is conclusively presumed, unless the Secretary, on

his own initiative or upon appeal by the applicant, finds after

providing a reasonable opportunity for detailed comments from the

Federal agency involved and from the state, that the activity is

consistent with the objectives of this chapter or is otherwise

necessary in the interest of national security.

(B) After the management program of any coastal state has been

approved by the Secretary under section 1455 of this title, any

person who submits to the Secretary of the Interior any plan for

the exploration or development of, or production from, any area

which has been leased under the Outer Continental Shelf Lands Act

(43 U.S.C. 1331 et seq.) and regulations under such Act shall, with

respect to any exploration, development, or production described in

such plan and affecting any land or water use or natural resource

of the coastal zone of such state, attach to such plan a

certification that each activity which is described in detail in

such plan complies with the enforceable policies of such state's

approved management program and will be carried out in a manner

consistent with such program. No Federal official or agency shall

grant such person any license or permit for any activity described

in detail in such plan until such state or its designated agency

receives a copy of such certification and plan, together with any

other necessary data and information, and until -

(i) such state or its designated agency, in accordance with the

procedures required to be established by such state pursuant to

subparagraph (A), concurs with such person's certification and

notifies the Secretary and the Secretary of the Interior of such

concurrence;

(ii) concurrence by such state with such certification is

conclusively presumed as provided for in subparagraph (A), except

if such state fails to concur with or object to such

certification within three months after receipt of its copy of

such certification and supporting information, such state shall

provide the Secretary, the appropriate federal agency, and such

person with a written statement describing the status of review

and the basis for further delay in issuing a final decision, and

if such statement is not so provided, concurrence by such state

with such certification shall be conclusively presumed; or

(iii) the Secretary finds, pursuant to subparagraph (A), that

each activity which is described in detail in such plan is

consistent with the objectives of this chapter or is otherwise

necessary in the interest of national security.

If a state concurs or is conclusively presumed to concur, or if the

Secretary makes such a finding, the provisions of subparagraph (A)

are not applicable with respect to such person, such state, and any

Federal license or permit which is required to conduct any activity

affecting land uses or water uses in the coastal zone of such state

which is described in detail in the plan to which such concurrence

or finding applies. If such state objects to such certification

and if the Secretary fails to make a finding under clause (iii)

with respect to such certification, or if such person fails

substantially to comply with such plan as submitted, such person

shall submit an amendment to such plan, or a new plan, to the

Secretary of the Interior. With respect to any amendment or new

plan submitted to the Secretary of the Interior pursuant to the

preceding sentence, the applicable time period for purposes of

concurrence by conclusive presumption under subparagraph (A) is 3

months.

(d) Application of local governments for Federal assistance;

relationship of activities with approved management programs

State and local governments submitting applications for Federal

assistance under other Federal programs, in or outside of the

coastal zone, affecting any land or water use of natural resource

of the coastal zone shall indicate the views of the appropriate

state or local agency as to the relationship of such activities to

the approved management program for the coastal zone. Such

applications shall be submitted and coordinated in accordance with

the provisions of section 6506 of title 31. Federal agencies shall

not approve proposed projects that are inconsistent with the

enforceable policies of a coastal state's management program,

except upon a finding by the Secretary that such project is

consistent with the purposes of this chapter or necessary in the

interest of national security.

(e) Construction with other laws

Nothing in this chapter shall be construed -

(1) to diminish either Federal or state jurisdiction,

responsibility, or rights in the field of planning, development,

or control of water resources, submerged lands, or navigable

waters; nor to displace, supersede, limit, or modify any

interstate compact or the jurisdiction or responsibility of any

legally established joint or common agency of two or more states

or of two or more states and the Federal Government; nor to limit

the authority of Congress to authorize and fund projects;

(2) as superseding, modifying, or repealing existing laws

applicable to the various Federal agencies; nor to affect the

jurisdiction, powers, or prerogatives of the International Joint

Commission, United States and Canada, the Permanent Engineering

Board, and the United States operating entity or entities

established pursuant to the Columbia River Basin Treaty, signed

at Washington, January 17, 1961, or the International Boundary

and Water Commission, United States and Mexico.

(f) Construction with existing requirements of water and air

pollution programs

Notwithstanding any other provision of this chapter, nothing in

this chapter shall in any way affect any requirement (1)

established by the Federal Water Pollution Control Act, as amended

(33 U.S.C. 1251 et seq.), or the Clean Air Act, as amended (42

U.S.C. 7401 et seq.), or (2) established by the Federal Government

or by any state or local government pursuant to such Acts. Such

requirements shall be incorporated in any program developed

pursuant to this chapter and shall be the water pollution control

and air pollution control requirements applicable to such program.

(g) Concurrence with programs which affect inland areas

When any state's coastal zone management program, submitted for

approval or proposed for modification pursuant to section 1455 of

this title, includes requirements as to shorelands which also would

be subject to any Federally supported national land use program

which may be hereafter enacted, the Secretary, prior to approving

such program, shall obtain the concurrence of the Secretary of the

Interior, or such other Federal official as may be designated to

administer the national land use program, with respect to that

portion of the coastal zone management program affecting such

inland areas.

(h) Mediation of disagreements

In case of serious disagreement between any Federal agency and a

coastal state -

(1) in the development or the initial implementation of a

management program under section 1454 of this title; or

(2) in the administration of a management program approved

under section 1455 of this title;

the Secretary, with the cooperation of the Executive Office of the

President, shall seek to mediate the differences involved in such

disagreement. The process of such mediation shall, with respect to

any disagreement described in paragraph (2), include public

hearings which shall be conducted in the local area concerned.

(i) Application fee for appeals

(1) With respect to appeals under subsections (c)(3) and (d) of

this section which are submitted after November 5, 1990, the

Secretary shall collect an application fee of not less than $200

for minor appeals and not less than $500 for major appeals, unless

the Secretary, upon consideration of an applicant's request for a

fee waiver, determines that the applicant is unable to pay the fee.

(2)(A) The Secretary shall collect such other fees as are

necessary to recover the full costs of administering and processing

such appeals under subsection (c) of this section.

(B) If the Secretary waives the application fee under paragraph

(1) for an applicant, the Secretary shall waive all other fees

under this subsection for the applicant.

(3) Fees collected under this subsection shall be deposited into

the Coastal Zone Management Fund established under section 1456a of

this title.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 307, as added Pub. L. 92-583, Oct.

27, 1972, 86 Stat. 1285; amended Pub. L. 94-370, Sec. 6, July 26,

1976, 90 Stat. 1018; Pub. L. 95-372, title V, Sec. 504, Sept. 18,

1978, 92 Stat. 693; Pub. L. 101-508, title VI, Sec. 6208, Nov. 5,

1990, 104 Stat. 1388-307; Pub. L. 102-587, title II, Sec.

2205(b)(13), (14), Nov. 4, 1992, 106 Stat. 5051.)

-REFTEXT-

REFERENCES IN TEXT

The Outer Continental Shelf Lands Act, referred to in subsec.

(c)(3)(B), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended,

which is classified generally to subchapter III (Sec. 1331 et seq.)

of chapter 29 of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1331 of Title 43 and Tables.

The Federal Water Pollution Control Act, referred to in subsec.

(f), is act June 30, 1948, ch. 758, as amended generally by Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to chapter 26 (Sec. 1251 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 1251 of Title

33 and Tables.

The Clean Air Act, referred to in subsec. (f), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

-COD-

CODIFICATION

In subsec. (d), ''section 6506 of title 31'' substituted for

''title IV of the Intergovernmental Coordination (Cooperation) Act

of 1968 (42 U.S.C. 4231 et seq.)'' on authority of Pub. L. 97-258,

Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of

which enacted Title 31, Money and Finance.

-MISC3-

AMENDMENTS

1992 - Subsec. (c)(3)(B). Pub. L. 102-587, Sec. 2205(b)(13), made

technical amendment to directory language of Pub. L. 101-508, Sec.

6208(b)(3)(B). See 1990 Amendment note below.

Subsec. (i). Pub. L. 102-587, Sec. 2205(b)(14), designated

existing provisions as par. (1), added pars. (2) and (3), and

struck out at end of par. (1) ''The Secretary shall collect such

other fees as are necessary to recover the full costs of

administering and processing such appeals under subsection (c) of

this section.''

1990 - Subsec. (c)(1). Pub. L. 101-508, Sec. 6208(a), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''Each Federal agency conducting or supporting activities directly

affecting the coastal zone shall conduct or support those

activities in a manner which is, to the maximum extent practicable,

consistent with approved state management programs.''

Subsec. (c)(2). Pub. L. 101-508, Sec. 6208(b)(1), which directed

the insertion of ''the enforceable policies of'' before ''approved

State management programs'', was executed by making the insertion

before ''approved state management programs'' to reflect the

probable intent of Congress.

Subsec. (c)(3)(A). Pub. L. 101-508, Sec. 6208(b)(2), in first

sentence inserted '', in or outside of the coastal zone,'' after

''to conduct an activity'', substituted ''any land or water use or

natural resource of'' for ''land or water uses in'', and inserted

''the enforceable policies of'' after ''the proposed activity

complies with''.

Subsec. (c)(3)(B). Pub. L. 101-508, Sec. 6208(b)(3)(A),

substituted ''land or water use or natural resource of'' for ''land

use or water use in'' in first sentence.

Pub. L. 101-508, Sec. 6208(b)(3)(B), as amended by Pub. L.

102-587, Sec. 2205(b)(13), inserted ''the enforceable policies of''

after ''such plan complies with'' in first sentence.

Subsec. (d). Pub. L. 101-508, Sec. 6208(b)(4), substituted '', in

or outside of the coastal zone, affecting any land or water use of

natural resource of'' for ''affecting'' and inserted ''the

enforceable policies of'' after ''that are inconsistent with''.

Subsec. (i). Pub. L. 101-508, Sec. 6208(c), added subsec. (i).

1978 - Subsec. (c)(3)(B)(ii). Pub. L. 95-372 inserted '', except

if such state fails to concur with or object to such certification

within three months after receipt of its copy of such certification

and supporting information, such state shall provide the Secretary,

the appropriate federal agency, and such person with a written

statement describing the status of review and the basis for further

delay in issuing a final decision, and if such statement is not so

provided, concurrence by such state with such certification shall

be conclusively presumed'' after ''as provided for in subparagraph

(A)''.

1976 - Subsec. (b). Pub. L. 94-370, Sec. 6(2), struck out

provisions requiring that in case of serious disagreement between

Federal agency and state in development of program, Secretary shall

seek to mediate the differences in cooperation with the Executive

Office of the President and incorporated such provision into

subsec. (h).

Subsec. (c)(3). Pub. L. 94-370, Sec. 6(3), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (h). Pub. L. 94-370, Sec. 6(4), added subsec. (h) which

incorporates former provision of subsec. (b) relating to mediation

by Secretary of disagreements between Federal agencies and state.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1453, 1455, 1456a, 1462,

1465 of this title; title 43 sections 1340, 1351.

-CITE-

16 USC Sec. 1456a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1456a. Coastal Zone Management Fund

-STATUTE-

(a)(1) The obligations of any coastal state or unit of general

purpose local government to repay loans made pursuant to this

section as in effect before November 5, 1990, and any repayment

schedule established pursuant to this chapter as in effect before

November 5, 1990, are not altered by any provision of this

chapter. Such loans shall be repaid under authority of this

subsection and the Secretary may issue regulations governing such

repayment. If the Secretary finds that any coastal state or unit

of local government is unable to meet its obligations pursuant to

this subsection because the actual increases in employment and

related population resulting from coastal energy activity and the

facilities associated with such activity do not provide adequate

revenues to enable such State or unit to meet such obligations in

accordance with the appropriate repayment schedule, the Secretary

shall, after review of the information submitted by such State or

unit, take any of the following actions:

(A) Modify the terms and conditions of such loan.

(B) Refinance the loan.

(C) Recommend to the Congress that legislation be enacted to

forgive the loan.

(2) Loan repayments made pursuant to this subsection shall be

retained by the Secretary as offsetting collections, and shall be

deposited into the Coastal Zone Management Fund established under

subsection (b) of this section.

(b)(1) The Secretary shall establish and maintain a fund, to be

known as the ''Coastal Zone Management Fund'', which shall consist

of amounts retained and deposited into the Fund under subsection

(a) of this section and fees deposited into the Fund under section

1456(i)(3) of this title.

(2) Subject to amounts provided in appropriation Acts, amounts in

the Fund shall be available to the Secretary for use for the

following:

(A) Expenses incident to the administration of this chapter, in

an amount not to exceed for each of fiscal years 1997, 1998, and

1999 the higher of -

(i) $4,000,000; or

(ii) 8 percent of the total amount appropriated under this

chapter for the fiscal year.

(B) After use under subparagraph (A) -

(i) projects to address management issues which are regional

in scope, including interstate projects;

(ii) demonstration projects which have high potential for

improving coastal zone management, especially at the local

level;

(iii) emergency grants to State coastal zone management

agencies to address unforeseen or disaster-related

circumstances;

(iv) appropriate awards recognizing excellence in coastal

zone management as provided in section 1460 of this title; and

(v) to provide financial support to coastal states for use

for investigating and applying the public trust doctrine to

implement State management programs approved under section 1455

of this title.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 308, as added Pub. L. 94-370, Sec.

7, July 26, 1976, 90 Stat. 1019; amended Pub. L. 95-372, title V,

Sec. 501, 503(a)-(d), Sept. 18, 1978, 92 Stat. 690, 692, 693; Pub.

L. 96-464, Sec. 7, Oct. 17, 1980, 94 Stat. 2064; Pub. L. 99-272,

title VI, Sec. 6047, Apr. 7, 1986, 100 Stat. 128; Pub. L. 101-508,

title VI, Sec. 6209, Nov. 5, 1990, 104 Stat. 1388-308; Pub. L.

102-587, title II, Sec. 2205(b)(1)(A), (B), (15)-(18), Nov. 4,

1992, 106 Stat. 5050, 5052; Pub. L. 104-150, Sec. 2(b)(2), 5, June

3, 1996, 110 Stat. 1380, 1381.)

-COD-

CODIFICATION

Subsec. (b)(3) of this section, which required the Secretary to

transmit to Congress an annual report on the Fund, including the

balance of the Fund and an itemization of all deposits into and

disbursements from the Fund, terminated, effective May 15, 2000,

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance. See,

also, page 143 of House Document No. 103-7.

-MISC3-

AMENDMENTS

1996 - Subsec. (b)(2)(A). Pub. L. 104-150, Sec. 5(a), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''Expenses incident to the administration of this chapter,

in an amount not to exceed -

''(i) $5,000,000 for fiscal year 1991;

''(ii) $5,225,000 for fiscal year 1992;

''(iii) $5,460,125 for fiscal year 1993;

''(iv) $5,705,830 for fiscal year 1994; and

''(v) $5,962,593 for fiscal year 1995.''

Subsec. (b)(2)(B)(iv) to (vi). Pub. L. 104-150, Sec. 2(b)(2),

inserted ''and'' at end of cl. (iv), redesignated cl. (vi) as (v),

and struck out former cl. (v) which read as follows: ''program

development grants as authorized by section 1454 of this title, in

an amount not to exceed $200,000 for each of fiscal years 1997,

1998, and 1999; and''.

Subsec. (b)(2)(B)(v). Pub. L. 104-150, Sec. 5(b), amended cl. (v)

generally. Prior to amendment, cl. (v) read as follows: ''program

development grants as authorized by section 1454 of this title;

and''.

1992 - Pub. L. 102-587, Sec. 2205(b)(15), made technical

amendment to Pub. L. 101-508. See 1990 Amendment note below.

Subsec. (a)(1). Pub. L. 102-587, Sec. 2205(b)(16), in first

sentence, made technical amendment to reference to this chapter to

reflect change in corresponding provision of original act.

Pub. L. 102-587, Sec. 2205(b)(1)(A), substituted ''coastal

state'' for ''coastal State'' in two places.

Subsec. (b)(1). Pub. L. 102-587, Sec. 2205(b)(17), (18), struck

out ''(hereinafter in this section referred to as the 'Fund')''

after ''Management Fund' '' and inserted ''and fees deposited into

the Fund under section 1456(i)(3) of this title'' after

''subsection (a) of this section''.

Subsec. (b)(2)(B)(vi). Pub. L. 102-587, Sec. 2205(b)(1)(B),

substituted ''coastal states'' for ''coastal States''.

1990 - Pub. L. 101-508, as amended by Pub. L. 102-587, Sec.

2205(b)(15), amended section generally, substituting present

provisions for provisions authorizing a coastal energy impact

program, providing for administration of program, audit, financial

assistance, rules and regulations and guarantees, establishing

eligibility requirements for assistance, creating a Coastal Energy

Impact Fund, prohibiting interference in any land or water use

decision of any coastal state, requiring reports to Congress, and

providing for definitions for the section.

1986 - Subsec. (h). Pub. L. 99-272 substituted ''subsections

(c)'' for ''subsections (c)(1)'' wherever appearing.

1980 - Subsec. (c)(3). Pub. L. 96-464, Sec. 7(1), added par. (3).

Subsec. (d)(4). Pub. L. 96-464, Sec. 7(2), struck out par. (4)

which provided that the Secretary shall make grants to any coastal

state to enable such state to prevent, reduce, or ameliorate any

unavoidable loss in such state's coastal zone of any valuable

environmental or recreational resource, if such loss results from

coastal energy activity, if the Secretary finds that such state has

not received amounts under subsec. (b) of this section which are

sufficient to prevent, reduce, or ameliorate such loss.

1978 - Subsec. (a)(1)(A). Pub. L. 95-372, Sec. 501(b)(1),

substituted ''subsection (b)(5) of this section'' for ''subsection

(b)(4) of this section''.

Subsec. (a)(1)(B). Pub. L. 95-372, Sec. 503(b)(1), substituted

''subsection (c)(1) of this section'' for ''subsection (c) of this

section''.

Subsec. (a)(1)(C) to (G). Pub. L. 95-372, Sec. 503(b)(2), added

subpar. (C) and redesignated former subpars. (C) to (F) as (D) to

(G).

Subsec. (b)(2). Pub. L. 95-372, Sec. 501(a), substituted in

provisions preceding subpar. (A) ''Subject to paragraph (3), the

amounts payable'' for ''The amounts granted'' and ''subparagraphs

(A), (B), and (C)'' for ''subparagraphs (A), (B), (C), and (D)'',

in subpar. (A) ''one-half'' for ''one-third'', and in subpars. (B)

and (C) ''one-quarter'' for ''one-sixth'' and struck out subpar.

(D), which related to a ratio involving the number of individuals

who obtain new employment as a result of new or expanded outer

Continental Shelf energy activities.

Subsec. (b)(3). Pub. L. 95-372, Sec. 501(b)(2), added par. (3).

Former par. (3) redesignated (4).

Subsec. (b)(4). Pub. L. 95-372, Sec. 501(b)(1), redesignated par.

(3) as (4). Former par. (4) redesignated (5).

Subsec. (b)(5). Pub. L. 95-372, Sec. 501(b)(1), (c), redesignated

par. (4) as (5) and, in par. (5) as so redesignated, struck out in

subpar. (B)(i) provisions relating to the unavailability of

adequate financing under any other subsection and inserted

provisions following subpar. (B)(ii) authorizing the Secretary to

describe the geographic areas in which the public facilities and

public services referred to in subpar. (B)(i) shall be presumed to

be required as a result of outer Continental Shelf energy

activities for purposes of disbursing the proceeds of grants under

this subsection. Former par. (5) redesignated (6).

Subsec. (b)(6). Pub. L. 95-372, Sec. 501(b)(1), redesignated par.

(5) as (6) and, in par. (6) as so redesignated, in provisions

preceding subpar. (A) and in subpar. (B) substituted ''paragraph

(5)'' for ''paragraph (4)''.

Subsec. (c). Pub. L. 95-372, Sec. 503(a), designated existing

provisions as par. (1) and added par. (2).

Subsec. (h). Pub. L. 95-372, Sec. 503(c), substituted

''subsections (c)(1)'' for ''subsections (c)'' wherever appearing.

Subsec. (k). Pub. L. 95-372, Sec. 501(b)(1), 503(d), substituted

in par. (1) ''subsection (b)(5)(B) and (c)(1)'' for ''subsection

(b)(4)(B) and (c)'' and in par. (2) ''subsection (b)(5)(B)'' for

''(b)(4)(B)''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 2(b)(2) of Pub. L. 104-150 effective Oct. 1,

1999, see section 2(b)(3) of Pub. L. 104-150, set out as a note

under section 1454 of this title.

EXTENSION OF AUTHORITY TO MAKE LOANS UNDER SUBSECTION (D)(1)

Pub. L. 99-626, Sec. 6, Nov. 7, 1986, 100 Stat. 3506, provided

that: ''The authority of the Secretary of Commerce to make loans

under paragraph (1) of subsection (d) of section 308 of the Coastal

Zone Management Act of 1972 (Public Law 92-583, 16 U.S.C. 1451, et

seq.) as amended (16 U.S.C. 1456a(d)(1)), shall extend to September

30, 1987, for loans made to eligible States or units pursuant to

and in accord with agreements entered into between the Secretary

and any State prior to September 30, 1986, that provided for a

total sum of loans to be made to that State or its units, but such

loan authority shall be limited to $7,000,000.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1453, 1456, 1459, 1460,

1462 of this title.

-CITE-

16 USC Sec. 1456b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1456b. Coastal zone enhancement grants

-STATUTE-

(a) ''Coastal zone enhancement objective'' defined

For purposes of this section, the term ''coastal zone enhancement

objective'' means any of the following objectives:

(1) Protection, restoration, or enhancement of the existing

coastal wetlands base, or creation of new coastal wetlands.

(2) Preventing or significantly reducing threats to life and

destruction of property by eliminating development and

redevelopment in high-hazard areas, managing development in other

hazard areas, and anticipating and managing the effects of

potential sea level rise and Great Lakes level rise.

(3) Attaining increased opportunities for public access, taking

into account current and future public access needs, to coastal

areas of recreational, historical, aesthetic, ecological, or

cultural value.

(4) Reducing marine debris entering the Nation's coastal and

ocean environment by managing uses and activities that contribute

to the entry of such debris.

(5) Development and adoption of procedures to assess, consider,

and control cumulative and secondary impacts of coastal growth

and development, including the collective effect on various

individual uses or activities on coastal resources, such as

coastal wetlands and fishery resources.

(6) Preparing and implementing special area management plans

for important coastal areas.

(7) Planning for the use of ocean resources.

(8) Adoption of procedures and enforceable policies to help

facilitate the siting of energy facilities and Government

facilities and energy-related activities and Government

activities which may be of greater than local significance.

(9) Adoption of procedures and policies to evaluate and

facilitate the siting of public and private aquaculture

facilities in the coastal zone, which will enable States to

formulate, administer, and implement strategic plans for marine

aquaculture.

(b) Limits on grants

(1) Subject to the limitations and goals established in this

section, the Secretary may make grants to coastal states to provide

funding for development and submission for Federal approval of

program changes that support attainment of one or more coastal zone

enhancement objectives.

(2)(A) In addition to any amounts provided under section 1455 of

this title, and subject to the availability of appropriations, the

Secretary may make grants under this subsection to States for

implementing program changes approved by the Secretary in

accordance with section 1455(e) of this title.

(B) Grants under this paragraph to implement a program change may

not be made in any fiscal year after the second fiscal year that

begins after the approval of that change by the Secretary.

(c) Evaluation of State proposals by Secretary

The Secretary shall evaluate and rank State proposals for funding

under this section, and make funding awards based on those

proposals, taking into account the criteria established by the

Secretary under subsection (d) of this section. The Secretary

shall ensure that funding decisions under this section take into

consideration the fiscal and technical needs of proposing States

and the overall merit of each proposal in terms of benefits to the

public.

(d) Promulgation of regulations by Secretary

Within 12 months following November 5, 1990, and consistent with

the notice and participation requirements established in section

1463 of this title, the Secretary shall promulgate regulations

concerning coastal zone enhancement grants that establish -

(1) specific and detailed criteria that must be addressed by a

coastal state (including the State's priority needs for

improvement as identified by the Secretary after careful

consultation with the State) as part of the State's development

and implementation of coastal zone enhancement objectives;

(2) administrative or procedural rules or requirements as

necessary to facilitate the development and implementation of

such objectives by coastal states; and

(3) other funding award criteria as are necessary or

appropriate to ensure that evaluations of proposals, and

decisions to award funding, under this section are based on

objective standards applied fairly and equitably to those

proposals.

(e) No State contribution required

A State shall not be required to contribute any portion of the

cost of any proposal for which funding is awarded under this

section.

(f) Funding

Beginning in fiscal year 1991, not less than 10 percent and not

more than 20 percent of the amounts appropriated to implement

sections 1455 and 1455a of this title shall be retained by the

Secretary for use in implementing this section, up to a maximum of

$10,000,000 annually.

(g) Eligibility; suspension of State for noncompliance

If the Secretary finds that the State is not undertaking the

actions committed to under the terms of the grant, the Secretary

shall suspend the State's eligibility for further funding under

this section for at least one year.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 309, as added Pub. L. 94-370, Sec.

8, July 26, 1976, 90 Stat. 1028; amended Pub. L. 96-464, Sec. 8,

Oct. 17, 1980, 94 Stat. 2064; Pub. L. 101-508, title VI, Sec. 6210,

Nov. 5, 1990, 104 Stat. 1388-309; Pub. L. 102-587, title II, Sec.

2205(b)(1)(B), Nov. 4, 1992, 106 Stat. 5050; Pub. L. 104-150, Sec.

3, 7(2), June 3, 1996, 110 Stat. 1380, 1382.)

-COD-

CODIFICATION

November 5, 1990, referred to in subsec. (d), was in the original

''the date of enactment of this section'', and was translated as

meaning the date of enactment of section 6210 of Pub. L. 101-508,

which amended this section generally, to reflect the probable

intent of Congress.

-MISC3-

AMENDMENTS

1996 - Subsec. (a)(9). Pub. L. 104-150, Sec. 7(2), added par.

(9).

Subsec. (b). Pub. L. 104-150, Sec. 3, designated existing

provisions as par. (1) and added par. (2).

1992 - Subsec. (b). Pub. L. 102-587 substituted ''coastal

states'' for ''coastal States''.

1990 - Pub. L. 101-508 amended section generally, substituting

present provisions for provisions providing for interstate grants

and agreements for developing and administering coordinated coastal

zone planning and programs, setting priorities for unified coastal

zone policies in contiguous areas of coastal states, providing for

a Federal-State consultation procedure, authorizing temporary

planning and coordinated activity, and establishing eligibility of

States to receive Federal assistance.

1980 - Pub. L. 96-464 amended section generally and, among many

changes, made a number of technical amendments, and inserted

provision making it clear that only states which meet the basic

eligibility requirements in this chapter can receive funding under

this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1456c, 1460, 1464 of this

title.

-CITE-

16 USC Sec. 1456c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1456c. Technical assistance

-STATUTE-

(a) The Secretary shall conduct a program of technical assistance

and management-oriented research necessary to support the

development and implementation of State coastal management program

amendments under section 1456b of this title, and appropriate to

the furtherance of international cooperative efforts and technical

assistance in coastal zone management. Each department, agency,

and instrumentality of the executive branch of the Federal

Government may assist the Secretary, on a reimbursable basis or

otherwise, in carrying out the purposes of this section, including

the furnishing of information to the extent permitted by law, the

transfer of personnel with their consent and without prejudice to

their position and rating, and the performance of any research,

study, and technical assistance which does not interfere with the

performance of the primary duties of such department, agency, or

instrumentality. The Secretary may enter into contracts or other

arrangements with any qualified person for the purposes of carrying

out this subsection.

(b)(1) The Secretary shall provide for the coordination of

technical assistance, studies, and research activities under this

section with any other such activities that are conducted by or

subject to the authority of the Secretary.

(2) The Secretary shall make the results of research and studies

conducted pursuant to this section available to coastal states in

the form of technical assistance publications, workshops, or other

means appropriate.

(3) The Secretary shall consult with coastal states on a regular

basis regarding the development and implementation of the program

established by this section.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 310, as added Pub. L. 101-508,

title VI, Sec. 6211, Nov. 5, 1990, 104 Stat. 1388-311.)

-MISC1-

PRIOR PROVISIONS

A prior section 1456c, Pub. L. 89-454, title III, Sec. 310, as

added Pub. L. 94-370, Sec. 9, July 26, 1976, 90 Stat. 1029, related

to research and technical assistance for coastal zone management,

prior to repeal by Pub. L. 99-272, title VI, Sec. 6045(1), Apr. 7,

1986, 100 Stat. 127.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1460 of this title.

-CITE-

16 USC Sec. 1456d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1456d. Coastal and Estuarine Land Conservation Program

-STATUTE-

The Secretary shall establish a Coastal and Estuarine Land

Conservation Program, for the purpose of protecting important

coastal and estuarine areas that have significant conservation,

recreation, ecological, historical, or aesthetic values, or that

are threatened by conversion from their natural or recreational

state to other uses: Provided further, That by September 30, 2002,

the Secretary shall issue guidelines for this program delineating

the criteria for grant awards: Provided further, That the Secretary

shall distribute these funds in consultation with the States'

Coastal Zone Managers' or Governors' designated representatives

based on demonstrated need and ability to successfully leverage

funds, and shall give priority to lands which can be effectively

managed and protected and which have significant ecological value:

Provided further, That grants funded under this program shall

require a 100 percent match from other sources.

-SOURCE-

(Pub. L. 107-77, title II, Nov. 28, 2001, 115 Stat. 776.)

-COD-

CODIFICATION

Section was enacted as part of the Department of Commerce and

Related Agencies Appropriations Act, 2002, and also as part of the

Departments of Commerce, Justice, and State, the Judiciary, and

Related Agencies Appropriations Act, 2002, and not as part of the

Coastal Zone Management Act of 1972 which comprises this chapter.

-CITE-

16 USC Sec. 1457 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1457. Public hearings

-STATUTE-

All public hearings required under this chapter must be announced

at least thirty days prior to the hearing date. At the time of the

announcement, all agency materials pertinent to the hearings,

including documents, studies, and other data, must be made

available to the public for review and study. As similar materials

are subsequently developed, they shall be made available to the

public as they become available to the agency.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 311, formerly Sec. 308, as added

Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1287; renumbered Sec. 311,

Pub. L. 94-370, Sec. 7, July 26, 1976, 90 Stat. 1019.)

-CITE-

16 USC Sec. 1458 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1458. Review of performance

-STATUTE-

(a) Evaluation of adherence with terms of grants

The Secretary shall conduct a continuing review of the

performance of coastal states with respect to coastal management.

Each review shall include a written evaluation with an assessment

and detailed findings concerning the extent to which the state has

implemented and enforced the program approved by the Secretary,

addressed the coastal management needs identified in section

1452(2)(A) through (K) of this title, and adhered to the terms of

any grant, loan, or cooperative agreement funded under this

chapter.

(b) Public participation; notice of meetings; reports

In evaluating a coastal state's performance, the Secretary shall

conduct the evaluation in an open and public manner, and provide

full opportunity for public participation, including holding public

meetings in the State being evaluated and providing opportunities

for the submission of written and oral comments by the public. The

Secretary shall provide the public with at least 45 days' notice of

such public meetings by placing a notice in the Federal Register,

by publication of timely notices in newspapers of general

circulation within the State being evaluated, and by communications

with persons and organizations known to be interested in the

evaluation. Each evaluation shall be prepared in report form and

shall include written responses to the written comments received

during the evaluation process. The final report of the evaluation

shall be completed within 120 days after the last public meeting

held in the State being evaluated. Copies of the evaluation shall

be immediately provided to all persons and organizations

participating in the evaluation process.

(c) Suspension of financial assistance for noncompliance;

notification of Governor; length of suspension

(1) The Secretary may suspend payment of any portion of financial

assistance extended to any coastal state under this chapter, and

may withdraw any unexpended portion of such assistance, if the

Secretary determines that the coastal state is failing to adhere to

(A) the management program or a State plan developed to manage a

national estuarine reserve established under section 1461 of this

title, or a portion of the program or plan approved by the

Secretary, or (B) the terms of any grant or cooperative agreement

funded under this chapter.

(2) Financial assistance may not be suspended under paragraph (1)

unless the Secretary provides the Governor of the coastal state

with -

(A) written specifications and a schedule for the actions that

should be taken by the State in order that such suspension of

financial assistance may be withdrawn; and

(B) written specifications stating how those funds from the

suspended financial assistance shall be expended by the coastal

state to take the actions referred to in subparagraph (A).

(3) The suspension of financial assistance may not last for less

than 6 months or more than 36 months after the date of suspension.

(d) Withdrawal of approval of program

The Secretary shall withdraw approval of the management program

of any coastal state and shall withdraw financial assistance

available to that State under this chapter as well as any

unexpended portion of such assistance, if the Secretary determines

that the coastal state has failed to take the actions referred to

in subsection (c)(2)(A) of this section.

(e) Notice and hearing

Management program approval and financial assistance may not be

withdrawn under subsection (d) of this section, unless the

Secretary gives the coastal state notice of the proposed withdrawal

and an opportunity for a public hearing on the proposed action.

Upon the withdrawal of management program approval under this

subsection (d) of this section, the Secretary shall provide the

coastal state with written specifications of the actions that

should be taken, or not engaged in, by the state in order that such

withdrawal may be canceled by the Secretary.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 312, formerly Sec. 309, as added

Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1287, renumbered Sec. 312

and amended Pub. L. 94-370, Sec. 7, 10, July 26, 1976, 90 Stat.

1019, 1029; Pub. L. 96-464, Sec. 9(a), Oct. 17, 1980, 94 Stat.

2065; Pub. L. 99-272, title VI, Sec. 6043(a), Apr. 7, 1986, 100

Stat. 124; Pub. L. 101-508, title VI, Sec. 6212, 6216(b), Nov. 5,

1990, 104 Stat. 1388-311, 1388-314; Pub. L. 102-587, title II, Sec.

2205(b)(1)(A), (C), Nov. 4, 1992, 106 Stat. 5050.)

-MISC1-

AMENDMENTS

1992 - Subsecs. (b), (c)(1). Pub. L. 102-587 substituted

''coastal state's'' for ''coastal State's'' in subsec. (b) and

''coastal state'' for ''coastal State'' after ''any'' in subsec.

(c)(1).

1990 - Subsec. (a). Pub. L. 101-508, Sec. 6216(b), substituted

''through (K)'' for ''through (I)''.

Subsec. (b). Pub. L. 101-508, Sec. 6212(a), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''For

the purpose of making the evaluation of a coastal state's

performance, the Secretary shall conduct public meetings and

provide opportunity for oral and written comments by the public.

Each such evaluation shall be prepared in report form and the

Secretary shall make copies thereof available to the public.''

Subsec. (c). Pub. L. 101-508, Sec. 6212(b), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''The

Secretary shall reduce any financial assistance extended to any

coastal state under section 1455 of this title (but not below 70

per centum of the amount that would otherwise be available to the

coastal state under such section for any year), and withdraw any

unexpended portion of such reduction, if the Secretary determines

that the coastal state -

''(1) is failing to make significant improvement in achieving

the coastal management objectives specified in section 1452(2)(A)

through (I) of this title; or

''(2) is failing to make satisfactory progress in providing in

its management program for the matters referred to in section

1455(i)(A) and (B) of this title.''

Subsec. (d). Pub. L. 101-508, Sec. 6212(c), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''The

Secretary shall withdraw approval of the management program of any

coastal state, and shall withdraw any financial assistance

available to that state under this chapter as well as any

unexpended portion of such assistance, if the Secretary determines

that the coastal state is failing to adhere to, is not justified in

deviating from (1) the management program approved by the

Secretary, or (2) the terms of any grant or cooperative agreement

funded under section 1455 of this title, and refuses to remedy the

deviation.''

Subsec. (f). Pub. L. 101-508, Sec. 6212(d), struck out subsec.

(f) which read as follows: ''The Secretary shall carry out research

on, and offer technical assistance of the coastal states with

respect to, those activities, projects, and other relevant matters

evaluated under this section that the Secretary considers to offer

promise toward improving coastal zone management.''

1986 - Subsec. (c). Pub. L. 99-272 designated existing provisions

relating to failure to achieve objectives specified in section

1452(2)(A) through (I) as par. (1), and added par. (2).

1980 - Subsec. (a). Pub. L. 96-464 substituted provisions

relating to continuing review of coastal states performance with

respect to coastal management for provisions relating to continuing

review of management programs of coastal states, the performance of

such states with respect to coastal zone management, and coastal

energy impact program.

Subsec. (b). Pub. L. 96-464 substituted provisions relating to

public meeting and comments for provisions relating to termination

of financial assistance.

Subsecs. (c) to (f). Pub. L. 96-464 added subsecs. (c) to (f).

1976 - Subsec. (a). Pub. L. 94-370, Sec. 10, designated existing

provisions as par. (1), substituted ''such states with respect to

coastal zone management; and'' for ''each state.'', and added par.

(2).

REGULATIONS

Section 9(b) of Pub. L. 96-464 provided that: ''Within two

hundred and seventy days after the date of the enactment of this

Act (Oct. 17, 1980), the Secretary of Commerce shall issue such

regulations as may be necessary or appropriate to administer

section 312 of the Coastal Zone Management Act of 1972 (as amended

by subsection (a) of this section) (this section).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1462 of this title.

-CITE-

16 USC Sec. 1459 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1459. Records and audit

-STATUTE-

(a) Maintenance of records by recipients of grants or financial

assistance

Each recipient of a grant under this chapter or of financial

assistance under section 1456a of this title, as in effect before

November 5, 1990, shall keep such records as the Secretary shall

prescribe, including records which fully disclose the amount and

disposition of the funds received under the grant and of the

proceeds of such assistance, the total cost of the project or

undertaking supplied by other sources, and such other records as

will facilitate an effective audit.

(b) Access by Secretary and Comptroller General to records, books,

etc., of recipients of grants or financial assistance for audit

and examination

The Secretary and the Comptroller General of the United States,

or any of their duly authorized representatives, shall -

(1) after any grant is made under this chapter or any financial

assistance is provided under section 1456a of this title, as in

effect before November 5, 1990; and

(2) until the expiration of 3 years after -

(A) completion of the project, program, or other undertaking

for which such grant was made or used, or

(B) repayment of the loan or guaranteed indebtedness for

which such financial assistance was provided,

have access for purposes of audit and examination to any record,

book, document, and paper which belongs to or is used or controlled

by, any recipient of the grant funds or any person who entered into

any transaction relating to such financial assistance and which is

pertinent for purposes of determining if the grant funds or the

proceeds of such financial assistance are being, or were, used in

accordance with the provisions of this chapter.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 313, formerly Sec. 310, as added

Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1287; renumbered Sec. 313

and amended Pub. L. 94-370, Sec. 7, 11, July 26, 1976, 90 Stat.

1019, 1030; Pub. L. 102-587, title II, Sec. 2205(b)(19), Nov. 4,

1992, 106 Stat. 5052.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-587, Sec. 2205(b)(19)(A),

substituted ''section 1456a of this title, as in effect before

November 5, 1990,'' for ''section 1456a of this title''.

Subsec. (b)(1). Pub. L. 102-587, Sec. 2205(b)(19)(B), substituted

''section 1456a of this title, as in effect before November 5,

1990; and'' for ''section 1456a(d) of this title; and''.

1976 - Subsec. (a). Pub. L. 94-370, Sec. 11(2), inserted ''or of

financial assistance under section 1456a of this title'' after

''grant under this chapter'' and ''and of the proceeds of such

assistance'' after ''received under the grant''.

Subsec. (b). Pub. L. 94-370, Sec. 11(3), inserted provisions

limiting duration of authority to 3 years after completion of

project or repayment of loan and enlarged scope of access to

include persons who entered into transactions relating to the grant

of funds.

-CITE-

16 USC Sec. 1460 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1460. Walter B. Jones excellence in coastal zone management

awards

-STATUTE-

(a) Establishment

The Secretary shall, using sums in the Coastal Zone Management

Fund established under section 1456a of this title and other

amounts available to carry out this chapter (other than amounts

appropriated to carry out sections 1454, 1455, 1455a, 1456b, 1456c,

and 1461 of this title), implement a program to promote excellence

in coastal zone management by identifying and acknowledging

outstanding accomplishments in the field.

(b) Annual selection of recipients

The Secretary shall elect annually -

(1) one individual, other than an employee or officer of the

Federal Government, whose contribution to the field of coastal

zone management has been the most significant;

(2) 5 local governments which have made the most progress in

developing and implementing the coastal zone management

principles embodied in this chapter; and

(3) up to 10 graduate students whose academic study promises to

contribute materially to development of new or improved

approaches to coastal zone management.

(c) Solicitation of nominations for local government recipients

In making selections under subsection (b)(2) of this section the

Secretary shall solicit nominations from the coastal states, and

shall consult with experts in local government planning and land

use.

(d) Solicitation of nominations for graduate student recipients

In making selections under subsection (b)(3) of this section the

Secretary shall solicit nominations from coastal states and the

National Sea Grant College Program.

(e) Funding; types of awards

Using sums in the Coastal Zone Management Fund established under

section 1456a of this title and other amounts available to carry

out this chapter (other than amounts appropriated to carry out

sections 1454, 1455, 1455a, 1456b, 1456c, and 1461 of this title),

the Secretary shall establish and execute appropriate awards, to be

known as the ''Walter B. Jones Awards'', including -

(1) cash awards in an amount not to exceed $5,000 each;

(2) research grants; and

(3) public ceremonies to acknowledge such awards.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 314, formerly Sec. 313, as added

Pub. L. 101-508, title VI, Sec. 6213, Nov. 5, 1990, 104 Stat.

1388-312; renumbered Sec. 314 and amended Pub. L. 102-587, title

II, Sec. 2205(b)(20), Nov. 4, 1992, 106 Stat. 5052.)

-MISC1-

PRIOR PROVISIONS

A prior section 1460, Pub. L. 89-454, title III, Sec. 314,

formerly Sec. 311, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat.

1287; renumbered Sec. 314, Pub. L. 94-370, Sec. 7, July 26, 1976,

90 Stat. 1019, related to establishment, etc., of Coastal Zone

Management Advisory Committee, prior to repeal by Pub. L. 99-272,

title VI, Sec. 6045(2), Apr. 7, 1986, 100 Stat. 127.

AMENDMENTS

1992 - Subsecs. (a), (e). Pub. L. 102-587, Sec. 2205(b)(20)(B),

(C), after ''under section 1456a of this title'' inserted ''and

other amounts available to carry out this chapter (other than

amounts appropriated to carry out sections 1454, 1455, 1455a,

1456b, 1456c, and 1461 of this title)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1456a of this title.

-CITE-

16 USC Sec. 1461 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1461. National Estuarine Research Reserve System

-STATUTE-

(a) Establishment of System

There is established the National Estuarine Research Reserve

System (hereinafter referred to in this section as the ''System'')

that consists of -

(1) each estuarine sanctuary designated under this section as

in effect before April 7, 1986; and

(2) each estuarine area designated as a national estuarine

reserve under subsection (b) of this section.

Each estuarine sanctuary referred to in paragraph (1) is hereby

designated as a national estuarine reserve.

(b) Designation of national estuarine reserves

After April 7, 1986, the Secretary may designate an estuarine

area as a national estuarine reserve if -

(1) the Governor of the coastal state in which the area is

located nominates the area for that designation; and

(2) the Secretary finds that -

(A) the area is a representative estuarine ecosystem that is

suitable for long-term research and contributes to the

biogeographical and typological balance of the System;

(B) the law of the coastal state provides long-term

protection for reserve resources to ensure a stable environment

for research;

(C) designation of the area as a reserve will serve to

enhance public awareness and understanding of estuarine areas,

and provide suitable opportunities for public education and

interpretation; and

(D) the coastal state in which the area is located has

complied with the requirements of any regulations issued by the

Secretary to implement this section.

(c) Estuarine research guidelines

The Secretary shall develop guidelines for the conduct of

research within the System that shall include -

(1) a mechanism for identifying, and establishing priorities

among, the coastal management issues that should be addressed

through coordinated research within the System;

(2) the establishment of common research principles and

objectives to guide the development of research programs within

the System;

(3) the identification of uniform research methodologies which

will ensure comparability of data, the broadest application of

research results, and the maximum use of the System for research

purposes;

(4) the establishment of performance standards upon which the

effectiveness of the research efforts and the value of reserves

within the System in addressing the coastal management issues

identified in paragraph (1) may be measured; and

(5) the consideration of additional sources of funds for

estuarine research than the funds authorized under this chapter,

and strategies for encouraging the use of such funds within the

System, with particular emphasis on mechanisms established under

subsection (d) of this section.

In developing the guidelines under this section, the Secretary

shall consult with prominent members of the estuarine research

community.

(d) Promotion and coordination of estuarine research

The Secretary shall take such action as is necessary to promote

and coordinate the use of the System for research purposes

including -

(1) requiring that the National Oceanic and Atmospheric

Administration, in conducting or supporting estuarine research,

give priority consideration to research that uses the System; and

(2) consulting with other Federal and State agencies to promote

use of one or more reserves within the System by such agencies

when conducting estuarine research.

(e) Financial assistance

(1) The Secretary may, in accordance with such rules and

regulations as the Secretary shall promulgate, make grants -

(A) to a coastal state -

(i) for purposes of acquiring such lands and waters, and any

property interests therein, as are necessary to ensure the

appropriate long-term management of an area as a national

estuarine reserve,

(ii) for purposes of operating or managing a national

estuarine reserve and constructing appropriate reserve

facilities, or

(iii) for purposes of conducting educational or interpretive

activities; and

(B) to any coastal state or public or private person for

purposes of supporting research and monitoring within a national

estuarine reserve that are consistent with the research

guidelines developed under subsection (c) of this section.

(2) Financial assistance provided under paragraph (1) shall be

subject to such terms and conditions as the Secretary considers

necessary or appropriate to protect the interests of the United

States, including requiring coastal states to execute suitable

title documents setting forth the property interest or interests of

the United States in any lands and waters acquired in whole or part

with such financial assistance.

(3)(A) The amount of the financial assistance provided under

paragraph (1)(A)(i) with respect to the acquisition of lands and

waters, or interests therein, for any one national estuarine

reserve may not exceed an amount equal to 50 percent of the costs

of the lands, waters, and interests therein or $5,000,000,

whichever amount is less.

(B) The amount of the financial assistance provided under

paragraph (1)(A)(ii) and (iii) and paragraph (1)(B) may not exceed

70 percent of the costs incurred to achieve the purposes described

in those paragraphs with respect to a reserve; except that the

amount of the financial assistance provided under paragraph

(1)(A)(iii) may be up to 100 percent of any costs for activities

that benefit the entire System.

(C) Notwithstanding subparagraphs (A) and (B), financial

assistance under this subsection provided from amounts recovered as

a result of damage to natural resources located in the coastal zone

may be used to pay 100 percent of the costs of activities carried

out with the assistance.

(f) Evaluation of System performance

(1) The Secretary shall periodically evaluate the operation and

management of each national estuarine reserve, including education

and interpretive activities, and the research being conducted

within the reserve.

(2) If evaluation under paragraph (1) reveals that the operation

and management of the reserve is deficient, or that the research

being conducted within the reserve is not consistent with the

research guidelines developed under subsection (c) of this section,

the Secretary may suspend the eligibility of that reserve for

financial assistance under subsection (e) of this section until the

deficiency or inconsistency is remedied.

(3) The Secretary may withdraw the designation of an estuarine

area as a national estuarine reserve if evaluation under paragraph

(1) reveals that -

(A) the basis for any one or more of the findings made under

subsection (b)(2) of this section regarding that area no longer

exists; or

(B) a substantial portion of the research conducted within the

area, over a period of years, has not been consistent with the

research guidelines developed under subsection (c) of this

section.

(g) Report

The Secretary shall include in the report required under section

1462 of this title information regarding -

(1) new designations of national estuarine reserves;

(2) any expansion of existing national estuarine reserves;

(3) the status of the research program being conducted within

the System; and

(4) a summary of the evaluations made under subsection (f) of

this section.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 315, formerly Sec. 312, as added

Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered Sec. 315

and amended Pub. L. 94-370, Sec. 7, 12, July 26, 1976, 90 Stat.

1019, 1030; Pub. L. 96-464, Sec. 11, Oct. 17, 1980, 94 Stat. 2067;

Pub. L. 99-272, title VI, Sec. 6044, Apr. 7, 1986, 100 Stat. 125;

Pub. L. 101-508, title VI, Sec. 6214, Nov. 5, 1990, 104 Stat.

1388-313; Pub. L. 102-587, title II, Sec. 2205(b)(1)(A), (B), (21),

(22), Nov. 4, 1992, 106 Stat. 5050, 5052; Pub. L. 104-150, Sec. 6,

June 3, 1996, 110 Stat. 1381.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e)(3)(C). Pub. L. 104-150 added subpar. (C).

1992 - Subsec. (a). Pub. L. 102-587, Sec. 2205(b)(21),

substituted ''Research Reserve'' for ''Reserve Research''.

Subsec. (b). Pub. L. 102-587, Sec. 2205(b)(1)(A), substituted

''coastal state'' for ''coastal State'' in pars. (1) and (2)(B) and

(D).

Subsec. (c)(4). Pub. L. 102-587, Sec. 2205(b)(22), substituted

''paragraph (1)'' for ''subsection (1)''.

Subsec. (e). Pub. L. 102-587, Sec. 2205(b)(1)(A), (B),

substituted ''coastal state'' for ''coastal State'' in par. (1)(A)

and (B) and ''coastal states'' for ''coastal States'' in par. (2).

1990 - Pub. L. 101-508, Sec. 6214(a), substituted ''Research

Reserve'' for ''Reserve Research'' in section catchline.

Subsec. (e)(3)(A). Pub. L. 101-508, Sec. 6214(b), (d),

substituted ''percent'' for ''per centum'' and ''$5,000,000'' for

''$4,000,000'', and struck out ''of subsection (e) of this

section'' after ''paragraph (1)(A)(i)''.

Subsec. (e)(3)(B). Pub. L. 101-508, Sec. 6214(c), (d),

substituted ''70 percent'' for ''50 per centum'', struck out ''of

subsection (e) of this section'' after ''paragraph (1)(B)'' and

inserted before period at end ''; except that the amount of the

financial assistance provided under paragraph (1)(A)(iii) may be up

to 100 percent of any costs for activities that benefit the entire

System''.

1986 - Pub. L. 99-272 amended section generally. Prior to

amendment, section read as follows: ''The Secretary may, in

accordance with this section and in accordance with such rules and

regulations as the Secretary shall promulgate, make grants to any

coastal state for the purpose of -

''(1) acquiring, developing, or operating estuarine

sanctuaries, to serve as natural field laboratories in which to

study and gather data on the natural and human processes

occurring within the estuaries of the coastal zone; and

''(2) acquiring lands to provide for the preservation of

islands, or portions thereof.

The amount of any such grant shall not exceed 50 per centum of the

cost of the project involved; except that, in the case of

acquisition of any estuarine sanctuary, the Federal share of the

cost thereof shall not exceed $3,000,000. No grant for acquisition

of land may be made under this section without the approval of the

Governor of the State in which is located the land proposed to be

acquired.''

1980 - Pub. L. 96-464, in par. (2), substituted ''the

preservation of islands, or portions thereof'' for ''access to

public beaches and other public coastal areas of environmental,

recreational, historical, esthetic, ecological, or cultural value,

and for the preservation of islands''; and in provision following

par. (2), raised the spending limitation of $2,000,000 to

$3,000,000 and inserted provision that no grant for acquisition of

land may be made under this section without the approval of the

Governor of the state in which the land proposed to be acquired is

located.

1976 - Pub. L. 94-370, Sec. 12, restructured existing provisions

into pars. (1) and (2), inserted purpose of acquiring lands to

provide for access to beaches and other coastal areas and for the

preservation of islands, and struck out proviso that no Federal

funds received pursuant to sections 1454 or 1455 of this title be

used for purposes of this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1447c, 1458, 1460, 1464

of this title; title 33 section 2901; title 42 sections 7403, 7412.

-CITE-

16 USC Sec. 1462 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1462. Coastal zone management reports

-STATUTE-

(a) Biennial reports

The Secretary shall consult with the Congress on a regular basis

concerning the administration of this chapter and shall prepare and

submit to the President for transmittal to the Congress a report

summarizing the administration of this chapter during each period

of two consecutive fiscal years. Each report, which shall be

transmitted to the Congress not later than April 1 of the year

following the close of the biennial period to which it pertains,

shall include, but not be restricted to (1) an identification of

the state programs approved pursuant to this chapter during the

preceding Federal fiscal year and a description of those programs;

(2) a listing of the states participating in the provisions of this

chapter and a description of the status of each state's programs

and its accomplishments during the preceding Federal fiscal year;

(3) an itemization of the allocation of funds to the various

coastal states and a breakdown of the major projects and areas on

which these funds were expended; (4) an identification of any state

programs which have been reviewed and disapproved, and a statement

of the reasons for such actions; (5) a summary of evaluation

findings prepared in accordance with subsection (a) of section 1458

of this title, and a description of any sanctions imposed under

subsections (c) and (d) of section 1458 of this title; (6) a

listing of all activities and projects which, pursuant to the

provisions of subsection (c) or subsection (d) of section 1456 of

this title, are not consistent with an applicable approved state

management program; (7) a summary of the regulations issued by the

Secretary or in effect during the preceding Federal fiscal year;

(8) a summary of a coordinated national strategy and program for

the Nation's coastal zone including identification and discussion

of Federal, regional, state, and local responsibilities and

functions therein; (9) a summary of outstanding problems arising in

the administration of this chapter in order of priority; (10) a

description of the economic, environmental, and social consequences

of energy activity affecting the coastal zone and an evaluation of

the effectiveness of financial assistance under section 1456a of

this title in dealing with such consequences; (11) a description

and evaluation of applicable interstate and regional planning and

coordination mechanisms developed by the coastal states; (12) a

summary and evaluation of the research, studies, and training

conducted in support of coastal zone management; and (13) such

other information as may be appropriate.

(b) Recommendations for legislation

The report required by subsection (a) of this section shall

contain such recommendations for additional legislation as the

Secretary deems necessary to achieve the objectives of this chapter

and enhance its effective operation.

(c) Review of other Federal programs; report to Congress

(1) The Secretary shall conduct a systematic review of Federal

programs, other than this chapter, that affect coastal resources

for purposes of identifying conflicts between the objectives and

administration of such programs and the purposes and policies of

this chapter. Not later than 1 year after October 17, 1980, the

Secretary shall notify each Federal agency having appropriate

jurisdiction of any conflict between its program and the purposes

and policies of this chapter identified as a result of such review.

(2) The Secretary shall promptly submit a report to the Congress

consisting of the information required under paragraph (1) of this

subsection. Such report shall include recommendations for changes

necessary to resolve existing conflicts among Federal laws and

programs that affect the uses of coastal resources.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 316, formerly Sec. 313, as added

Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered Sec. 316

and amended Pub. L. 94-370, Sec. 7, 13, July 26, 1976, 90 Stat.

1019, 1030; Pub. L. 96-464, Sec. 10, Oct. 17, 1980, 94 Stat. 2066;

Pub. L. 102-587, title II, Sec. 2205(b)(23), Nov. 4, 1992, 106

Stat. 5052.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(5). Pub. L. 102-587 substituted ''subsections

(c) and (d) of section 1458 of this title'' for ''subsections (c)

and (d) of this section''.

1980 - Subsec. (a). Pub. L. 96-464, Sec. 10(2), in provision

preceding opening sentence, substituted provisions that the

Secretary consult with Congress concerning the administration of

this chapter and prepare and submit a biennial report to the

President for transmittal to Congress for provisions that the

Secretary prepare and submit to the President for transmittal to

Congress an annual report for the preceding year not later than

November 1 of each year, in cl. (4), substituted ''reviewed and

disapproved and a'' for ''reviewed and disapproved or with respect

to which grants have been terminated under this chapter, and a'',

added cl. (5), and redesignated cls. (5) to (12) as (6) to (13)

respectively.

Subsec. (c). Pub. L. 96-464, Sec. 10(3), added subsec. (c).

1976 - Subsec. (a). Pub. L. 94-370, Sec. 13, added cls. (9) to

(11) and redesignated former cl. (9) as (12).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a) of this section relating to transmittal to Congress of a

biennial report summarizing the administration of this chapter, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and page 53 of House

Document No. 103-7.

SHELLFISH SANITATION

Section 16 of Pub. L. 94-370 provided that:

''(a) The Secretary of Commerce shall -

''(1) undertake a comprehensive review of all aspects of the

molluscan shellfish industry, including, but not limited to, the

harvesting, processing, and transportation of such shellfish; and

''(2) evaluate the impact of Federal law concerning water

quality on the molluscan shellfish industry.

The Secretary of Commerce shall, not later than April 30, 1977,

submit a report to the Congress of the findings, comments, and

recommendations (if any) which result from such review and

evaluation.

''(b) The Secretary of Health, Education, and Welfare (now Health

and Human Services) shall not promulgate final regulations

concerning the national shellfish safety program before June 30,

1977. At least 60 days prior to the promulgation of any such

regulations, the Secretary of Health, Education, and Welfare, in

consultation with the Secretary of Commerce, shall publish an

analysis (1) of the economic impact of such regulations on the

domestic shellfish industry, and (2) the cost of such national

shellfish safety program relative to the benefits that it is

expected to achieve.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1461 of this title.

-CITE-

16 USC Sec. 1463 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1463. Rules and regulations

-STATUTE-

The Secretary shall develop and promulgate, pursuant to section

553 of title 5, after notice and opportunity for full participation

by relevant Federal agencies, state agencies, local governments,

regional organizations, port authorities, and other interested

parties, both public and private, such rules and regulations as may

be necessary to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 317, formerly Sec. 314, as added

Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered Sec. 317,

Pub. L. 94-370, Sec. 7, July 26, 1976, 90 Stat. 1019.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1456b of this title.

-CITE-

16 USC Sec. 1463a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1463a. Omitted

-COD-

CODIFICATION

Section, Pub. L. 96-464, Sec. 12(a)-(g), Oct. 17, 1980, 94 Stat.

2067; Pub. L. 98-620, title IV, Sec. 402(20), Nov. 8, 1984, 98

Stat. 3358, which required the Secretary of Commerce to submit to

Congress any final rule promulgated pursuant to this chapter and

provided procedures for Congressional disapproval of such rules was

omitted pursuant to section 12(h) of Pub. L. 96-464, which provided

that this section would cease to have any force or effect after

Sept. 30, 1985.

-CITE-

16 USC Sec. 1463b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1463b. National Coastal Resources Research and Development

Institute

-STATUTE-

(a) Establishment by Secretary; administration

The Secretary of Commerce shall provide for the establishment of

a National Coastal Resources Research and Development Institute

(hereinafter in this section referred to as the ''Institute'') to

be administered by the Oregon State Marine Science Center.

(b) Purposes of Institute

The Institute shall conduct research and carry out educational

and demonstration projects designed to promote the efficient and

responsible development of ocean and coastal resources, including

arctic resources. Such projects shall be based on biological,

geological, genetic, economic and other scientific research

applicable to the purposes of this section and shall include

studies on the economic diversification and environmental

protection of the Nation's coastal areas.

(c) Determination of Institute policies

(1) The policies of the Institute shall be determined by a Board

of Governors composed of -

(A) two representatives appointed by the Governor of Oregon;

(B) one representative appointed by the Governor of Alaska;

(C) one representative appointed by the Governor of Washington;

(D) one representative appointed by the Governor of California;

and

(E) one representative appointed by the Governor of Hawaii.

(2) Such policies shall include the selection, on a nationally

competitive basis, of the research, projects, and studies to be

supported by the Institute in accordance with the purposes of this

section.

(d) Establishment of Advisory Council; functions and composition

(1) The Board of Governors shall establish an Advisory Council

composed of specialists in ocean and coastal resources from the

academic community.

(2) To the maximum extent practicable, the Advisory Council shall

be composed of such specialists from every coastal region of the

Nation.

(3) The Advisory Council shall provide such advice to the Board

of Governors as such Board shall request, including recommendations

regarding the support of research, projects, and studies in

accordance with the purposes of this section.

(e) Administration of Institute

The Institute shall be administered by a Director who shall be

appointed by the Chancellor of the Oregon Board of Higher Education

in consultation with the Board of Governors.

(f) Evaluation of Institute by Secretary

The Secretary of Commerce shall conduct an ongoing evaluation of

the activities of the Institute to ensure that funds received by

the Institute under this section are used in a manner consistent

with the provisions of this section.

(g) Report to Secretary

The Institute shall report to the Secretary of Commerce on its

activities within 2 years after July 17, 1984.

(h) Access to Institute books, records, and documents

The Comptroller General of the United States, and any of his duly

authorized representatives, shall have access, for the purpose of

audit and examination, to any books, documents, papers and records

of the Institute that are pertinent to the funds received under

this section.

(i) Status of Institute employees

Employees of the Institute shall not, by reason of such

employment, be considered to be employees of the Federal Government

for any purpose.

(j) Authorization of appropriations

For the purposes of this section, there are authorized to be

appropriated in each fiscal year $5,000,000, commencing with fiscal

year 1985.

-SOURCE-

(Pub. L. 98-364, title II, Sec. 201, July 17, 1984, 98 Stat. 443.)

-REFTEXT-

REFERENCES IN TEXT

This section, referred to in subsecs. (a) to (d), (f), (h) and

(j), was in the original ''this title'', meaning title II of Pub.

L. 98-364, which enacted this section.

-COD-

CODIFICATION

Section was not enacted as part of the Coastal Zone Management

Act of 1972 which comprises this chapter.

-MISC3-

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

16 USC Sec. 1464 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1464. Authorization of appropriations

-STATUTE-

(a) Sums appropriated to Secretary

There are authorized to be appropriated to the Secretary, to

remain available until expended -

(1) for grants under sections 1455, 1455a, and 1456b of this

title -

(A) $47,600,000 for fiscal year 1997;

(B) $49,000,000 for fiscal year 1998; and

(C) $50,500,000 for fiscal year 1999; and

(2) for grants under section 1461 of this title -

(A) $4,400,000 for fiscal year 1997;

(B) $4,500,000 for fiscal year 1998; and

(C) $4,600,000 for fiscal year 1999.

(b) Limitations

Federal funds received from other sources shall not be used to

pay a coastal state's share of costs under section 1455 or 1456b of

this title.

(c) Reversion to Secretary of unobligated State funds; availability

of funds

The amount of any grant, or portion of a grant, made to a State

under any section of this chapter which is not obligated by such

State during the fiscal year, or during the second fiscal year

after the fiscal year, for which it was first authorized to be

obligated by such State shall revert to the Secretary. The

Secretary shall add such reverted amount to those funds available

for grants under the section for such reverted amount was

originally made available.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 318, formerly Sec. 315, as added

Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1289; amended Pub. L.

93-612, Sec. 1(3), Jan. 2, 1975, 88 Stat. 1974; renumbered Sec. 318

and amended Pub. L. 94-370, Sec. 7, 14, July 26, 1976, 90 Stat.

1019, 1031; Pub. L. 95-372, title V, Sec. 502, 503(e), (f), Sept.

18, 1978, 92 Stat. 692, 693; Pub. L. 96-464, Sec. 13, Oct. 17,

1980, 94 Stat. 2070; Pub. L. 99-272, title VI, Sec. 6046, Apr. 7,

1986, 100 Stat. 127; Pub. L. 99-626, Sec. 7, Nov. 7, 1986, 100

Stat. 3506; Pub. L. 101-508, title VI, Sec. 6215, Nov. 5, 1990, 104

Stat. 1388-313; Pub. L. 104-150, Sec. 4, June 3, 1996, 110 Stat.

1381.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original

''this Act'' which was translated as reading ''this title'',

meaning title III of Pub. L. 89-454 which is classified generally

to this chapter, to reflect the probable intent of Congress.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-150, Sec. 4(1), amended subsec.

(a) generally, substituting provisions of pars. (1) and (2) setting

forth appropriations for grants under sections 1455, 1455a, 1456b,

and 1461 for fiscal years 1997, 1998, and 1999 for provisions of

pars. (1) to (4) setting forth appropriations for grants under

sections 1454, 1455, 1455a, 1456b, and 1461 and activities under

section 1456c for fiscal years during the period beginning Oct. 1,

1990, and ending Sept. 30, 1995.

Subsecs. (b) to (d). Pub. L. 104-150, Sec. 4(2), (3),

redesignated subsecs. (c) and (d) as (b) and (c), respectively, and

struck out former subsec. (b) which read as follows: ''There are

authorized to be appropriated until October 1, 1986, to the Fund,

such sums, not to exceed $800,000,000, for the purposes of carrying

out the provisions of section 1456a of this title, other than

subsection (b), of which not to exceed $150,000,000 shall be for

purposes of subsections (c)(1), (c)(2) and (c)(3) of such

section.''

1990 - Subsec. (a)(1) to (4). Pub. L. 101-508 substituted pars.

(1) to (4) for former pars. (1) to (5) which read as follows:

''(1) such sums, not to exceed $35,000,000 for the fiscal year

ending September 30, 1986, not to exceed $36,600,000 for the fiscal

year ending September 30, 1987, $37,900,000 for the fiscal year

ending September 30, 1988, $38,800,000 for the fiscal year ending

September 30, 1989, and $40,600,000 for the fiscal year ending

September 30, 1990, as may be necessary for grants under sections

1455 and 1455a of this title, to remain available until expended;

''(2) such sums, not to exceed $75,000,000 for each of the fiscal

years occurring during the period beginning October 1, 1980, and

ending September 30, 1988, as may be necessary for grants under

section 1456a(b) of this title;

''(3) such sums, not to exceed $1,000,000 for the fiscal year

ending September 30, 1986, and not to exceed $1,500,000 for each of

the fiscal years occurring during the period beginning October 1,

1986, and ending September 30, 1990, as may be necessary for grants

under section 1456b of this title, to remain available until

expended;

''(4) such sums, not to exceed $2,500,000 for the fiscal year

ending September 30, 1986, not to exceed $3,800,000 for the fiscal

year ending September 30, 1987, $4,500,000 for the fiscal year

ending September 30, 1988, $5,000,000 for the fiscal year ending

September 30, 1989, and $5,500,000 for the fiscal year ending

September 30, 1990, as may be necessary for grants under section

1461 of this title, to remain available until expended; and

''(5) such sums, not to exceed $3,300,000 for the fiscal year

ending September 30, 1986, not to exceed $3,300,000 for the fiscal

year ending September 30, 1987, $3,300,000 for the fiscal year

ending September 30, 1988, $4,000,000 for the fiscal year ending

September 30, 1989, and $4,000,000 for the fiscal year ending

September 30, 1990, as may be necessary for administrative expenses

incident to the administration of this chapter.''

1986 - Subsec. (a)(1). Pub. L. 99-272, Sec. 6046(1), substituted

authorization of appropriations for each of fiscal years 1986

through 1990 necessary for grants under sections 1455 and 1455a of

this title, for authorization of appropriations of $48,000,000 for

each of fiscal years 1981 through 1985 necessary for grants under

section 1455 of this title.

Subsec. (a)(2). Pub. L. 99-272, Sec. 6046(2), redesignated par.

(3) as (2), and struck out former par. (2) which authorized

appropriations of $20,000,000 for each of fiscal years 1981 through

1985 necessary for grants under section 1455a of this title.

Subsec. (a)(3). Pub. L. 99-272, Sec. 6046(2), (3), redesignated

par. (4) as (3) and substituted authorization of appropriations for

each of fiscal years 1986 through 1990 necessary for grants under

section 1456b of this title, for authorization of appropriations of

$3,000,000 for each of fiscal years 1981 through 1985 necessary for

grants under section 1456b of this title. Former par. (3)

redesignated (2).

Subsec. (a)(4). Pub. L. 99-272, Sec. 6046(2), (3), redesignated

par. (5) as (4) and substituted authorization of appropriations for

each of fiscal years 1986 through 1990 necessary for grants under

section 1461 of this title, for authorization of appropriations of

$9,000,000 for each of fiscal years 1981 through 1985 necessary for

grants under section 1461 of this title. Former par. (4)

redesignated (3).

Subsec. (a)(5), (6). Pub. L. 99-272, Sec. 6046(2), (3),

redesignated par. (6) as (5) and substituted authorization of

appropriations for each of fiscal years 1986 through 1990 necessary

for administrative expenses incident to administration of this

chapter, for authorization of appropriations of $6,000,000 for each

of fiscal years 1981 through 1985 necessary for such administrative

expenses. Former par. (5) redesignated (4).

Subsec. (d). Pub. L. 99-626 added subsec. (d).

1980 - Subsec. (a)(1). Pub. L. 96-464, Sec. 13(1), redesignated

par. (2) as (1) and substituted authorization of appropriation of

$48,000,000 for each of the fiscal years 1981 through 1985, for

authorization of appropriation of $50,000,000 for fiscal years 1977

through 1980. Former par. (1), which authorized appropriation of

$20,000,000 for fiscal years 1977 through 1979 for grants under

section 1454 of this title, was struck out.

Subsec. (a)(2). Pub. L. 96-464, Sec. 13(1), added par. (2).

Former par. (2) redesignated (1).

Subsec. (a)(3). Pub. L. 96-464, Sec. 13(1), substituted

authorization of appropriation of $75,000,000 for each of the

fiscal years 1981 through 1988, for authorization of appropriation

of $50,000,000 for each of the fiscal year years 1977 and 1978, and

$130,000,000 for each of the fiscal years 1979 through 1988.

Subsec. (a)(4). Pub. L. 96-464, Sec. 13(1), redesignated par. (5)

as (4) and substituted authorization of appropriation of $3,000,000

for each of the fiscal years 1981 through 1985, for authorization

of appropriation of $5,000,000 for each of the fiscal years 1977

through 1980. Former par. (4), which authorized appropriation of

$5,000,000 for each of the fiscal years 1979 through 1983 for

grants under section 1456a(c)(2) of this title, was struck out.

Subsec. (a)(5). Pub. L. 96-464, Sec. 13(1), combined in par. (5),

authorization of appropriation of $31,000,000 for grants under

section 1461 of this title for fiscal years 1977 through 1980

formerly contained in pars. (7) and (8), and authorized

appropriation of $9,000,000 for grants under section 1461 of this

title for fiscal years 1981 through 1985. Former par. (5)

redesignated (4).

Subsec. (a)(6). Pub. L. 96-464, Sec. 13(1), redesignated par. (9)

as (6) and substituted authorization of appropriation of $6,000,000

for fiscal years 1981 through 1985, for authorization of

appropriation of $5,000,000 for fiscal years 1977 through 1980.

Former par. (6), which contained authorization of appropriation of

$10,000,000 for fiscal years 1977 through 1980 for financial

assistance under section 1456c of this title with equal division

between subsecs. (a) and (b), was struck out.

Subsec. (a)(7) to (9). Pub. L. 96-464, Sec. 13(1), combined

provisions of pars. (7) and (8) into par. (5) and redesignated par.

(9) as (6).

Subsec. (b). Pub. L. 96-464, Sec. 13(2), substituted ''subsection

(b) of this section, of which not to exceed $150,000,000 shall be

for purposes of subsections (c)(1), (c)(2) and (c)(3) of such

section'' for ''subsections (b) and (c)(2), of which not to exceed

$50,000,000 shall be for purposes of subsections (c)(1) and (d)(4)

of such section''.

Subsec. (c). Pub. L. 96-464, Sec. 13(3), substituted ''section

1455 or 1456b of this title'' for ''section 1454, 1455, 1456b or

1456c of this title''.

1978 - Subsec. (a)(3). Pub. L. 95-372, Sec. 502, substituted

''for each of the fiscal years ending September 30, 1977, and

September 30, 1978, and not to exceed $130,000,000 per fiscal year

for each of the fiscal years occurring during the period beginning

on October 1, 1978, and ending September 30, 1988,'' for ''for each

of the 8 fiscal years occurring during the period beginning October

1, 1976, and ending September 30, 1984,''.

Subsec. (a)(4) to (9). Pub. L. 95-372, Sec. 503(e), added par.

(4) and redesignated former pars. (4) to (8) as (5) to (9),

respectively.

Subsec. (b). Pub. L. 95-372, Sec. 503(f), substituted

''subsections (b) and (c)(2)'' for ''subsection (b)'' and

''subsections (c)(1)'' for ''subsections (c)''.

1976 - Subsec. (a)(1). Pub. L. 94-370, Sec. 14, substituted

provisions authorizing appropriations of sums not to exceed

$20,000,000 for each of the fiscal years ending Sept. 30, 1977,

Sept. 30, 1978, and Sept. 30, 1979 for provisions authorizing

appropriations of the sum of $9,000,000 for the fiscal year ending

June 30, 1973, and for each of the fiscal years 1974 through 1977.

Subsec. (a)(2). Pub. L. 94-370, Sec. 14, substituted provisions

authorizing appropriations of sums not to exceed $50,000,000 for

each of the fiscal years ending Sept. 30, 1977, Sept. 30, 1978,

Sept. 30, 1979, and Sept. 30, 1980 for provisions authorizing

appropriations of sums not to exceed $30,000,000 for the fiscal

year ending June 30, 1974, and for each of the fiscal years 1975

through 1977.

Subsec. (a)(3). Pub. L. 94-370, Sec. 14, substituted provisions

authorizing appropriations of sums not to exceed $50,000,000 for

each of the 8 fiscal years occurring during the period beginning

Oct. 1, 1976, and ending Sept. 30, 1984, as may be necessary for

grants under section 1456a(b) of this title for provisions

authorizing appropriations of sums not to exceed $6,000,000 for the

fiscal year ending June 30, 1974, as may be necessary for grants

under section 1461 of this title, to remain available until

expended.

Subsec. (a)(4) to (8). Pub. L. 94-370, Sec. 14, added pars. (4)

to (8).

Subsec. (b). Pub. L. 94-370, Sec. 14, substituted provisions

authorizing appropriations until Oct. 1, 1986 to the Fund of sums

not to exceed $800,000,000 for the purpose of carrying out

provisions of section 1456a of this title, other than subsec. (b)

of such section, of which sums not to exceed $50,000,000 shall be

for purposes of subsecs. (c) and (d)(4) of such section for

provisions authorizing appropriations of sums not to exceed

$3,000,000, for fiscal year 1973 and for each of the four

succeeding fiscal years, as may be necessary for administrative

expenses for administration of this chapter.

Subsec. (c). Pub. L. 94-370, Sec. 14, added subsec. (c).

1975 - Subsec. (a)(1). Pub. L. 93-612, Sec. 1(3)(A), increased

from $9,000,000 to $12,000,000 the sums authorized to be

appropriated for the 3 fiscal years following the fiscal year 1974.

Subsec. (a)(3). Pub. L. 93-612, Sec. 1(3)(B), inserted ''and for

each of the three succeeding fiscal years,'' after ''fiscal year

ending June 30, 1974,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1455b of this title.

-CITE-

16 USC Sec. 1465 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 33 - COASTAL ZONE MANAGEMENT

-HEAD-

Sec. 1465. Appeals to Secretary

-STATUTE-

(a) Notice

The Secretary shall publish in the Federal Register a notice

indicating when the decision record has been closed on any appeal

to the Secretary taken from a consistency determination under

section 1456(c) or (d) of this title. No later than 90 days after

the date of publication of this notice, the Secretary shall -

(1) issue a final decision in the appeal; or

(2) publish a notice in the Federal Register detailing why a

decision cannot be issued within the 90-day period.

(b) Deadline

In the case where the Secretary publishes a notice under

subsection (a)(2) of this section, the Secretary shall issue a

decision in any appeal filed under section 1456 of this title no

later than 45 days after the date of the publication of the notice.

(c) Application

This section applies to appeals initiated by the Secretary and

appeals filed by an applicant.

-SOURCE-

(Pub. L. 89-454, title III, Sec. 319, as added Pub. L. 104-150,

Sec. 8, June 3, 1996, 110 Stat. 1382.)

-CITE-