Loading (50 kb)...'
(continued)
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) (!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.
(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.
-MISC1-
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.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
16 USC Sec. 1456 01/19/04
-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.
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 1456a 01/19/04
-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,
Secs. 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, Secs. 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.
-MISC1-
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, Secs. 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.
-End-
-CITE-
16 USC Sec. 1456b 01/19/04
-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, (continued)