Loading (50 kb)...'

National
United States
16 USC CHAPTER 33 - COASTAL ZONE MANAGEMENT

-CITE-
16 USC CHAPTER 33 - COASTAL ZONE MANAGEMENT 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 1451 01/19/04

-EXPCITE-
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 (Secs. 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 (Secs. 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.

-End-



-CITE-
16 USC Sec. 1452 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 1453 01/19/04

-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) (!1) of
title 33).


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 (continued)