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(continued)
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 (Secs. 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.


-MISC1-
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.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
16 USC Sec. 1454 01/19/04

-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.

-End-



-CITE-
16 USC Sec. 1455 01/19/04

-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 (!1) to ensure compliance with the
management program, and to resolve conflicts among competing
uses; and

(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.


-MISC1-
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.

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


-End-



-CITE-
16 USC Sec. 1455a 01/19/04

-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, Secs. 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.

-End-



-CITE-
16 USC Sec. 1455b 01/19/04

-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 coordinationA State program under this section shall be coordinated closely (continued)