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(continued)
and control cumulative and secondary impacts of coastal growth
and development, including the collective effect on various
individual uses or activities on coastal resources, such as
coastal wetlands and fishery resources.
(6) Preparing and implementing special area management plans
for important coastal areas.
(7) Planning for the use of ocean resources.
(8) Adoption of procedures and enforceable policies to help
facilitate the siting of energy facilities and Government
facilities and energy-related activities and Government
activities which may be of greater than local significance.
(9) Adoption of procedures and policies to evaluate and
facilitate the siting of public and private aquaculture
facilities in the coastal zone, which will enable States to
formulate, administer, and implement strategic plans for marine
aquaculture.
(b) Limits on grants
(1) Subject to the limitations and goals established in this
section, the Secretary may make grants to coastal states to provide
funding for development and submission for Federal approval of
program changes that support attainment of one or more coastal zone
enhancement objectives.
(2)(A) In addition to any amounts provided under section 1455 of
this title, and subject to the availability of appropriations, the
Secretary may make grants under this subsection to States for
implementing program changes approved by the Secretary in
accordance with section 1455(e) of this title.
(B) Grants under this paragraph to implement a program change may
not be made in any fiscal year after the second fiscal year that
begins after the approval of that change by the Secretary.
(c) Evaluation of State proposals by Secretary
The Secretary shall evaluate and rank State proposals for funding
under this section, and make funding awards based on those
proposals, taking into account the criteria established by the
Secretary under subsection (d) of this section. The Secretary shall
ensure that funding decisions under this section take into
consideration the fiscal and technical needs of proposing States
and the overall merit of each proposal in terms of benefits to the
public.
(d) Promulgation of regulations by Secretary
Within 12 months following November 5, 1990, and consistent with
the notice and participation requirements established in section
1463 of this title, the Secretary shall promulgate regulations
concerning coastal zone enhancement grants that establish -
(1) specific and detailed criteria that must be addressed by a
coastal state (including the State's priority needs for
improvement as identified by the Secretary after careful
consultation with the State) as part of the State's development
and implementation of coastal zone enhancement objectives;
(2) administrative or procedural rules or requirements as
necessary to facilitate the development and implementation of
such objectives by coastal states; and
(3) other funding award criteria as are necessary or
appropriate to ensure that evaluations of proposals, and
decisions to award funding, under this section are based on
objective standards applied fairly and equitably to those
proposals.
(e) No State contribution required
A State shall not be required to contribute any portion of the
cost of any proposal for which funding is awarded under this
section.
(f) Funding
Beginning in fiscal year 1991, not less than 10 percent and not
more than 20 percent of the amounts appropriated to implement
sections 1455 and 1455a of this title shall be retained by the
Secretary for use in implementing this section, up to a maximum of
$10,000,000 annually.
(g) Eligibility; suspension of State for noncompliance
If the Secretary finds that the State is not undertaking the
actions committed to under the terms of the grant, the Secretary
shall suspend the State's eligibility for further funding under
this section for at least one year.
-SOURCE-
(Pub. L. 89-454, title III, Sec. 309, as added Pub. L. 94-370, Sec.
8, July 26, 1976, 90 Stat. 1028; amended Pub. L. 96-464, Sec. 8,
Oct. 17, 1980, 94 Stat. 2064; Pub. L. 101-508, title VI, Sec. 6210,
Nov. 5, 1990, 104 Stat. 1388-309; Pub. L. 102-587, title II, Sec.
2205(b)(1)(B), Nov. 4, 1992, 106 Stat. 5050; Pub. L. 104-150, Secs.
3, 7(2), June 3, 1996, 110 Stat. 1380, 1382.)
-COD-
CODIFICATION
November 5, 1990, referred to in subsec. (d), was in the original
"the date of enactment of this section", and was translated as
meaning the date of enactment of section 6210 of Pub. L. 101-508,
which amended this section generally, to reflect the probable
intent of Congress.
-MISC1-
AMENDMENTS
1996 - Subsec. (a)(9). Pub. L. 104-150, Sec. 7(2), added par.
(9).
Subsec. (b). Pub. L. 104-150, Sec. 3, designated existing
provisions as par. (1) and added par. (2).
1992 - Subsec. (b). Pub. L. 102-587 substituted "coastal states"
for "coastal States".
1990 - Pub. L. 101-508 amended section generally, substituting
present provisions for provisions providing for interstate grants
and agreements for developing and administering coordinated coastal
zone planning and programs, setting priorities for unified coastal
zone policies in contiguous areas of coastal states, providing for
a Federal-State consultation procedure, authorizing temporary
planning and coordinated activity, and establishing eligibility of
States to receive Federal assistance.
1980 - Pub. L. 96-464 amended section generally and, among many
changes, made a number of technical amendments, and inserted
provision making it clear that only states which meet the basic
eligibility requirements in this chapter can receive funding under
this section.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1456c, 1460, 1464 of this
title.
-End-
-CITE-
16 USC Sec. 1456c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 33 - COASTAL ZONE MANAGEMENT
-HEAD-
Sec. 1456c. Technical assistance
-STATUTE-
(a) The Secretary shall conduct a program of technical assistance
and management-oriented research necessary to support the
development and implementation of State coastal management program
amendments under section 1456b of this title, and appropriate to
the furtherance of international cooperative efforts and technical
assistance in coastal zone management. Each department, agency, and
instrumentality of the executive branch of the Federal Government
may assist the Secretary, on a reimbursable basis or otherwise, in
carrying out the purposes of this section, including the furnishing
of information to the extent permitted by law, the transfer of
personnel with their consent and without prejudice to their
position and rating, and the performance of any research, study,
and technical assistance which does not interfere with the
performance of the primary duties of such department, agency, or
instrumentality. The Secretary may enter into contracts or other
arrangements with any qualified person for the purposes of carrying
out this subsection.
(b)(1) The Secretary shall provide for the coordination of
technical assistance, studies, and research activities under this
section with any other such activities that are conducted by or
subject to the authority of the Secretary.
(2) The Secretary shall make the results of research and studies
conducted pursuant to this section available to coastal states in
the form of technical assistance publications, workshops, or other
means appropriate.
(3) The Secretary shall consult with coastal states on a regular
basis regarding the development and implementation of the program
established by this section.
-SOURCE-
(Pub. L. 89-454, title III, Sec. 310, as added Pub. L. 101-508,
title VI, Sec. 6211, Nov. 5, 1990, 104 Stat. 1388-311.)
-MISC1-
PRIOR PROVISIONS
A prior section 1456c, Pub. L. 89-454, title III, Sec. 310, as
added Pub. L. 94-370, Sec. 9, July 26, 1976, 90 Stat. 1029, related
to research and technical assistance for coastal zone management,
prior to repeal by Pub. L. 99-272, title VI, Sec. 6045(1), Apr. 7,
1986, 100 Stat. 127.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1460 of this title.
-End-
-CITE-
16 USC Sec. 1456d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 33 - COASTAL ZONE MANAGEMENT
-HEAD-
Sec. 1456d. Coastal and Estuarine Land Conservation Program
-STATUTE-
The Secretary shall establish a Coastal and Estuarine Land
Conservation Program, for the purpose of protecting important
coastal and estuarine areas that have significant conservation,
recreation, ecological, historical, or aesthetic values, or that
are threatened by conversion from their natural or recreational
state to other uses: Provided further, That by September 30, 2002,
the Secretary shall issue guidelines for this program delineating
the criteria for grant awards: Provided further, That the Secretary
shall distribute these funds in consultation with the States'
Coastal Zone Managers' or Governors' designated representatives
based on demonstrated need and ability to successfully leverage
funds, and shall give priority to lands which can be effectively
managed and protected and which have significant ecological value:
Provided further, That grants funded under this program shall
require a 100 percent match from other sources.
-SOURCE-
(Pub. L. 107-77, title II, Nov. 28, 2001, 115 Stat. 776.)
-COD-
CODIFICATION
Section was enacted as part of the Department of Commerce and
Related Agencies Appropriations Act, 2002, and also as part of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2002, and not as part of the
Coastal Zone Management Act of 1972 which comprises this chapter.
-MISC1-
SIMILAR PROVISIONS
Pub. L. 108-7, div. B, title II, Feb. 20, 2003, 117 Stat. 75,
provided in part: "That the Secretary shall establish a Coastal and
Estuarine Land Conservation Program, for the purpose of protecting
important coastal and estuarine areas that have significant
conservation, recreation, ecological, historical, or aesthetic
values, or that are threatened by conversion from their natural or
recreational state to other uses".
-End-
-CITE-
16 USC Sec. 1457 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 33 - COASTAL ZONE MANAGEMENT
-HEAD-
Sec. 1457. Public hearings
-STATUTE-
All public hearings required under this chapter must be announced
at least thirty days prior to the hearing date. At the time of the
announcement, all agency materials pertinent to the hearings,
including documents, studies, and other data, must be made
available to the public for review and study. As similar materials
are subsequently developed, they shall be made available to the
public as they become available to the agency.
-SOURCE-
(Pub. L. 89-454, title III, Sec. 311, formerly Sec. 308, as added
Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1287; renumbered Sec. 311,
Pub. L. 94-370, Sec. 7, July 26, 1976, 90 Stat. 1019.)
-End-
-CITE-
16 USC Sec. 1458 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 33 - COASTAL ZONE MANAGEMENT
-HEAD-
Sec. 1458. Review of performance
-STATUTE-
(a) Evaluation of adherence with terms of grants
The Secretary shall conduct a continuing review of the
performance of coastal states with respect to coastal management.
Each review shall include a written evaluation with an assessment
and detailed findings concerning the extent to which the state has
implemented and enforced the program approved by the Secretary,
addressed the coastal management needs identified in section
1452(2)(A) through (K) of this title, and adhered to the terms of
any grant, loan, or cooperative agreement funded under this
chapter.
(b) Public participation; notice of meetings; reports
In evaluating a coastal state's performance, the Secretary shall
conduct the evaluation in an open and public manner, and provide
full opportunity for public participation, including holding public
meetings in the State being evaluated and providing opportunities
for the submission of written and oral comments by the public. The
Secretary shall provide the public with at least 45 days' notice of
such public meetings by placing a notice in the Federal Register,
by publication of timely notices in newspapers of general
circulation within the State being evaluated, and by communications
with persons and organizations known to be interested in the
evaluation. Each evaluation shall be prepared in report form and
shall include written responses to the written comments received
during the evaluation process. The final report of the evaluation
shall be completed within 120 days after the last public meeting
held in the State being evaluated. Copies of the evaluation shall
be immediately provided to all persons and organizations
participating in the evaluation process.
(c) Suspension of financial assistance for noncompliance;
notification of Governor; length of suspension
(1) The Secretary may suspend payment of any portion of financial
assistance extended to any coastal state under this chapter, and
may withdraw any unexpended portion of such assistance, if the
Secretary determines that the coastal state is failing to adhere to
(A) the management program or a State plan developed to manage a
national estuarine reserve established under section 1461 of this
title, or a portion of the program or plan approved by the
Secretary, or (B) the terms of any grant or cooperative agreement
funded under this chapter.
(2) Financial assistance may not be suspended under paragraph (1)
unless the Secretary provides the Governor of the coastal state
with -
(A) written specifications and a schedule for the actions that
should be taken by the State in order that such suspension of
financial assistance may be withdrawn; and
(B) written specifications stating how those funds from the
suspended financial assistance shall be expended by the coastal
state to take the actions referred to in subparagraph (A).
(3) The suspension of financial assistance may not last for less
than 6 months or more than 36 months after the date of suspension.
(d) Withdrawal of approval of program
The Secretary shall withdraw approval of the management program
of any coastal state and shall withdraw financial assistance
available to that State under this chapter as well as any
unexpended portion of such assistance, if the Secretary determines
that the coastal state has failed to take the actions referred to
in subsection (c)(2)(A) of this section.
(e) Notice and hearing
Management program approval and financial assistance may not be
withdrawn under subsection (d) of this section, unless the
Secretary gives the coastal state notice of the proposed withdrawal
and an opportunity for a public hearing on the proposed action.
Upon the withdrawal of management program approval under this
subsection (d) of this section, the Secretary shall provide the
coastal state with written specifications of the actions that
should be taken, or not engaged in, by the state in order that such
withdrawal may be canceled by the Secretary.
-SOURCE-
(Pub. L. 89-454, title III, Sec. 312, formerly Sec. 309, as added
Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1287, renumbered Sec. 312
and amended Pub. L. 94-370, Secs. 7, 10, July 26, 1976, 90 Stat.
1019, 1029; Pub. L. 96-464, Sec. 9(a), Oct. 17, 1980, 94 Stat.
2065; Pub. L. 99-272, title VI, Sec. 6043(a), Apr. 7, 1986, 100
Stat. 124; Pub. L. 101-508, title VI, Secs. 6212, 6216(b), Nov. 5,
1990, 104 Stat. 1388-311, 1388-314; Pub. L. 102-587, title II, Sec.
2205(b)(1)(A), (C), Nov. 4, 1992, 106 Stat. 5050.)
-MISC1-
AMENDMENTS
1992 - Subsecs. (b), (c)(1). Pub. L. 102-587 substituted "coastal
state's" for "coastal State's" in subsec. (b) and "coastal state"
for "coastal State" after "any" in subsec. (c)(1).
1990 - Subsec. (a). Pub. L. 101-508, Sec. 6216(b), substituted
"through (K)" for "through (I)".
Subsec. (b). Pub. L. 101-508, Sec. 6212(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "For
the purpose of making the evaluation of a coastal state's
performance, the Secretary shall conduct public meetings and
provide opportunity for oral and written comments by the public.
Each such evaluation shall be prepared in report form and the
Secretary shall make copies thereof available to the public."
Subsec. (c). Pub. L. 101-508, Sec. 6212(b), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "The
Secretary shall reduce any financial assistance extended to any
coastal state under section 1455 of this title (but not below 70
per centum of the amount that would otherwise be available to the
coastal state under such section for any year), and withdraw any
unexpended portion of such reduction, if the Secretary determines
that the coastal state -
"(1) is failing to make significant improvement in achieving
the coastal management objectives specified in section 1452(2)(A)
through (I) of this title; or
"(2) is failing to make satisfactory progress in providing in
its management program for the matters referred to in section
1455(i)(A) and (B) of this title."
Subsec. (d). Pub. L. 101-508, Sec. 6212(c), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "The
Secretary shall withdraw approval of the management program of any
coastal state, and shall withdraw any financial assistance
available to that state under this chapter as well as any
unexpended portion of such assistance, if the Secretary determines
that the coastal state is failing to adhere to, is not justified in
deviating from (1) the management program approved by the
Secretary, or (2) the terms of any grant or cooperative agreement
funded under section 1455 of this title, and refuses to remedy the
deviation."
Subsec. (f). Pub. L. 101-508, Sec. 6212(d), struck out subsec.
(f) which read as follows: "The Secretary shall carry out research
on, and offer technical assistance of the coastal states with
respect to, those activities, projects, and other relevant matters
evaluated under this section that the Secretary considers to offer
promise toward improving coastal zone management."
1986 - Subsec. (c). Pub. L. 99-272 designated existing provisions
relating to failure to achieve objectives specified in section
1452(2)(A) through (I) as par. (1), and added par. (2).
1980 - Subsec. (a). Pub. L. 96-464 substituted provisions
relating to continuing review of coastal states performance with
respect to coastal management for provisions relating to continuing
review of management programs of coastal states, the performance of
such states with respect to coastal zone management, and coastal
energy impact program.
Subsec. (b). Pub. L. 96-464 substituted provisions relating to
public meeting and comments for provisions relating to termination
of financial assistance.
Subsecs. (c) to (f). Pub. L. 96-464 added subsecs. (c) to (f).
1976 - Subsec. (a). Pub. L. 94-370, Sec. 10, designated existing
provisions as par. (1), substituted "such states with respect to
coastal zone management; and" for "each state.", and added par.
(2).
REGULATIONS
Section 9(b) of Pub. L. 96-464 provided that: "Within two hundred
and seventy days after the date of the enactment of this Act [Oct.
17, 1980], the Secretary of Commerce shall issue such regulations
as may be necessary or appropriate to administer section 312 of the
Coastal Zone Management Act of 1972 (as amended by subsection (a)
of this section) [this section]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1462 of this title.
-End-
-CITE-
16 USC Sec. 1459 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 33 - COASTAL ZONE MANAGEMENT
-HEAD-
Sec. 1459. Records and audit
-STATUTE-
(a) Maintenance of records by recipients of grants or financial
assistance
Each recipient of a grant under this chapter or of financial
assistance under section 1456a of this title, as in effect before
November 5, 1990, shall keep such records as the Secretary shall
prescribe, including records which fully disclose the amount and
disposition of the funds received under the grant and of the
proceeds of such assistance, the total cost of the project or
undertaking supplied by other sources, and such other records as
will facilitate an effective audit.
(b) Access by Secretary and Comptroller General to records, books,
etc., of recipients of grants or financial assistance for audit
and examination
The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall -
(1) after any grant is made under this chapter or any financial
assistance is provided under section 1456a of this title, as in
effect before November 5, 1990; and
(2) until the expiration of 3 years after -
(A) completion of the project, program, or other undertaking
for which such grant was made or used, or
(B) repayment of the loan or guaranteed indebtedness for
which such financial assistance was provided,
have access for purposes of audit and examination to any record,
book, document, and paper which belongs to or is used or controlled
by, any recipient of the grant funds or any person who entered into
any transaction relating to such financial assistance and which is
pertinent for purposes of determining if the grant funds or the
proceeds of such financial assistance are being, or were, used in
accordance with the provisions of this chapter.
-SOURCE-
(Pub. L. 89-454, title III, Sec. 313, formerly Sec. 310, as added
Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1287; renumbered Sec. 313
and amended Pub. L. 94-370, Secs. 7, 11, July 26, 1976, 90 Stat.
1019, 1030; Pub. L. 102-587, title II, Sec. 2205(b)(19), Nov. 4,
1992, 106 Stat. 5052.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-587, Sec. 2205(b)(19)(A),
substituted "section 1456a of this title, as in effect before
November 5, 1990," for "section 1456a of this title".
Subsec. (b)(1). Pub. L. 102-587, Sec. 2205(b)(19)(B), substituted
"section 1456a of this title, as in effect before November 5, 1990;
and" for "section 1456a(d) of this title; and".
1976 - Subsec. (a). Pub. L. 94-370, Sec. 11(2), inserted "or of
financial assistance under section 1456a of this title" after
"grant under this chapter" and "and of the proceeds of such
assistance" after "received under the grant".
Subsec. (b). Pub. L. 94-370, Sec. 11(3), inserted provisions
limiting duration of authority to 3 years after completion of
project or repayment of loan and enlarged scope of access to
include persons who entered into transactions relating to the grant
of funds.
-End-
-CITE-
16 USC Sec. 1460 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 33 - COASTAL ZONE MANAGEMENT
-HEAD-
Sec. 1460. Walter B. Jones excellence in coastal zone management
awards
-STATUTE-
(a) Establishment
The Secretary shall, using sums in the Coastal Zone Management
Fund established under section 1456a of this title and other
amounts available to carry out this chapter (other than amounts
appropriated to carry out sections 1454, 1455, 1455a, 1456b, 1456c,
and 1461 of this title), implement a program to promote excellence
in coastal zone management by identifying and acknowledging
outstanding accomplishments in the field.
(b) Annual selection of recipients
The Secretary shall elect annually -
(1) one individual, other than an employee or officer of the
Federal Government, whose contribution to the field of coastal
zone management has been the most significant;
(2) 5 local governments which have made the most progress in
developing and implementing the coastal zone management
principles embodied in this chapter; and
(3) up to 10 graduate students whose academic study promises to
contribute materially to development of new or improved
approaches to coastal zone management.
(c) Solicitation of nominations for local government recipients
In making selections under subsection (b)(2) of this section the
Secretary shall solicit nominations from the coastal states, and
shall consult with experts in local government planning and land
use.
(d) Solicitation of nominations for graduate student recipients
In making selections under subsection (b)(3) of this section the
Secretary shall solicit nominations from coastal states and the
National Sea Grant College Program.
(e) Funding; types of awards
Using sums in the Coastal Zone Management Fund established under
section 1456a of this title and other amounts available to carry
out this chapter (other than amounts appropriated to carry out
sections 1454, 1455, 1455a, 1456b, 1456c, and 1461 of this title),
the Secretary shall establish and execute appropriate awards, to be
known as the "Walter B. Jones Awards", including -
(1) cash awards in an amount not to exceed $5,000 each;
(2) research grants; and
(3) public ceremonies to acknowledge such awards.
-SOURCE-
(Pub. L. 89-454, title III, Sec. 314, formerly Sec. 313, as added
Pub. L. 101-508, title VI, Sec. 6213, Nov. 5, 1990, 104 Stat.
1388-312; renumbered Sec. 314 and amended Pub. L. 102-587, title
II, Sec. 2205(b)(20), Nov. 4, 1992, 106 Stat. 5052.)
-MISC1-
PRIOR PROVISIONS
A prior section 1460, Pub. L. 89-454, title III, Sec. 314,
formerly Sec. 311, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat.
1287; renumbered Sec. 314, Pub. L. 94-370, Sec. 7, July 26, 1976,
90 Stat. 1019, related to establishment, etc., of Coastal Zone
Management Advisory Committee, prior to repeal by Pub. L. 99-272,
title VI, Sec. 6045(2), Apr. 7, 1986, 100 Stat. 127.
AMENDMENTS
1992 - Subsecs. (a), (e). Pub. L. 102-587, Sec. 2205(b)(20)(B),
(C), after "under section 1456a of this title" inserted "and other
amounts available to carry out this chapter (other than amounts
appropriated to carry out sections 1454, 1455, 1455a, 1456b, 1456c,
and 1461 of this title)".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1456a of this title.
-End-
-CITE-
16 USC Sec. 1461 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 33 - COASTAL ZONE MANAGEMENT
-HEAD-
Sec. 1461. National Estuarine Research Reserve System
-STATUTE-
(a) Establishment of System
There is established the National Estuarine Research Reserve
System (hereinafter referred to in this section as the "System")
that consists of -
(1) each estuarine sanctuary designated under this section as
in effect before April 7, 1986; and
(2) each estuarine area designated as a national estuarine
reserve under subsection (b) of this section.
Each estuarine sanctuary referred to in paragraph (1) is hereby
designated as a national estuarine reserve.
(b) Designation of national estuarine reserves
After April 7, 1986, the Secretary may designate an estuarine
area as a national estuarine reserve if -
(1) the Governor of the coastal state in which the area is
located nominates the area for that designation; and
(2) the Secretary finds that -
(A) the area is a representative estuarine ecosystem that is
suitable for long-term research and contributes to the
biogeographical and typological balance of the System;
(B) the law of the coastal state provides long-term
protection for reserve resources to ensure a stable environment
for research;
(C) designation of the area as a reserve will serve to
enhance public awareness and understanding of estuarine areas,
and provide suitable opportunities for public education and
interpretation; and
(D) the coastal state in which the area is located has
complied with the requirements of any regulations issued by the
Secretary to implement this section.
(c) Estuarine research guidelines
The Secretary shall develop guidelines for the conduct of
research within the System that shall include -
(1) a mechanism for identifying, and establishing priorities
among, the coastal management issues that should be addressed
through coordinated research within the System;
(2) the establishment of common research principles and
objectives to guide the development of research programs within
the System;
(3) the identification of uniform research methodologies which
will ensure comparability of data, the broadest application of
research results, and the maximum use of the System for research
purposes;
(4) the establishment of performance standards upon which the
effectiveness of the research efforts and the value of reserves
within the System in addressing the coastal management issues
identified in paragraph (1) may be measured; and
(5) the consideration of additional sources of funds for
estuarine research than the funds authorized under this chapter,
and strategies for encouraging the use of such funds within the
System, with particular emphasis on mechanisms established under
subsection (d) of this section.
In developing the guidelines under this section, the Secretary
shall consult with prominent members of the estuarine research
community.
(d) Promotion and coordination of estuarine research
The Secretary shall take such action as is necessary to promote
and coordinate the use of the System for research purposes
including -
(1) requiring that the National Oceanic and Atmospheric
Administration, in conducting or supporting estuarine research,
give priority consideration to research that uses the System; and
(2) consulting with other Federal and State agencies to promote
use of one or more reserves within the System by such agencies
when conducting estuarine research.
(e) Financial assistance
(1) The Secretary may, in accordance with such rules and
regulations as the Secretary shall promulgate, make grants -
(A) to a coastal state -
(i) for purposes of acquiring such lands and waters, and any
property interests therein, as are necessary to ensure the
appropriate long-term management of an area as a national
estuarine reserve,
(ii) for purposes of operating or managing a national
estuarine reserve and constructing appropriate reserve
facilities, or
(iii) for purposes of conducting educational or interpretive
activities; and
(B) to any coastal state or public or private person for
purposes of supporting research and monitoring within a national
estuarine reserve that are consistent with the research
guidelines developed under subsection (c) of this section.
(2) Financial assistance provided under paragraph (1) shall be
subject to such terms and conditions as the Secretary considers
necessary or appropriate to protect the interests of the United
States, including requiring coastal states to execute suitable
title documents setting forth the property interest or interests of
the United States in any lands and waters acquired in whole or part
with such financial assistance.
(3)(A) The amount of the financial assistance provided under
paragraph (1)(A)(i) with respect to the acquisition of lands and
waters, or interests therein, for any one national estuarine
reserve may not exceed an amount equal to 50 percent of the costs
of the lands, waters, and interests therein or $5,000,000,
whichever amount is less.
(B) The amount of the financial assistance provided under
paragraph (1)(A)(ii) and (iii) and paragraph (1)(B) may not exceed
70 percent of the costs incurred to achieve the purposes described
in those paragraphs with respect to a reserve; except that the
amount of the financial assistance provided under paragraph
(1)(A)(iii) may be up to 100 percent of any costs for activities
that benefit the entire System.
(C) Notwithstanding subparagraphs (A) and (B), financial
assistance under this subsection provided from amounts recovered as
a result of damage to natural resources located in the coastal zone
may be used to pay 100 percent of the costs of activities carried
out with the assistance.
(f) Evaluation of System performance
(1) The Secretary shall periodically evaluate the operation and
management of each national estuarine reserve, including education
and interpretive activities, and the research being conducted
within the reserve.
(2) If evaluation under paragraph (1) reveals that the operation
and management of the reserve is deficient, or that the research
being conducted within the reserve is not consistent with the
research guidelines developed under subsection (c) of this section,
the Secretary may suspend the eligibility of that reserve for
financial assistance under subsection (e) of this section until the
deficiency or inconsistency is remedied.
(3) The Secretary may withdraw the designation of an estuarine
area as a national estuarine reserve if evaluation under paragraph
(1) reveals that -
(A) the basis for any one or more of the findings made under
subsection (b)(2) of this section regarding that area no longer
exists; or
(B) a substantial portion of the research conducted within the
area, over a period of years, has not been consistent with the
research guidelines developed under subsection (c) of this
section.
(g) Report
The Secretary shall include in the report required under section
1462 of this title information regarding -
(1) new designations of national estuarine reserves;
(2) any expansion of existing national estuarine reserves;
(3) the status of the research program being conducted within
the System; and
(4) a summary of the evaluations made under subsection (f) of
this section.
-SOURCE-
(Pub. L. 89-454, title III, Sec. 315, formerly Sec. 312, as added
Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered Sec. 315
and amended Pub. L. 94-370, Secs. 7, 12, July 26, 1976, 90 Stat.
1019, 1030; Pub. L. 96-464, Sec. 11, Oct. 17, 1980, 94 Stat. 2067;
Pub. L. 99-272, title VI, Sec. 6044, Apr. 7, 1986, 100 Stat. 125;
Pub. L. 101-508, title VI, Sec. 6214, Nov. 5, 1990, 104 Stat.
1388-313; Pub. L. 102-587, title II, Sec. 2205(b)(1)(A), (B), (21),
(22), Nov. 4, 1992, 106 Stat. 5050, 5052; Pub. L. 104-150, Sec. 6,
June 3, 1996, 110 Stat. 1381.)
-MISC1-
AMENDMENTS
1996 - Subsec. (e)(3)(C). Pub. L. 104-150 added subpar. (C).
1992 - Subsec. (a). Pub. L. 102-587, Sec. 2205(b)(21),
substituted "Research Reserve" for "Reserve Research".
Subsec. (b). Pub. L. 102-587, Sec. 2205(b)(1)(A), substituted
"coastal state" for "coastal State" in pars. (1) and (2)(B) and
(D).
Subsec. (c)(4). Pub. L. 102-587, Sec. 2205(b)(22), substituted
"paragraph (1)" for "subsection (1)".
Subsec. (e). Pub. L. 102-587, Sec. 2205(b)(1)(A), (B),
substituted "coastal state" for "coastal State" in par. (1)(A) and
(B) and "coastal states" for "coastal States" in par. (2).
1990 - Pub. L. 101-508, Sec. 6214(a), substituted "Research
Reserve" for "Reserve Research" in section catchline.
Subsec. (e)(3)(A). Pub. L. 101-508, Sec. 6214(b), (d),
substituted "percent" for "per centum" and "$5,000,000" for
"$4,000,000", and struck out "of subsection (e) of this section"
after "paragraph (1)(A)(i)".
Subsec. (e)(3)(B). Pub. L. 101-508, Sec. 6214(c), (d),
substituted "70 percent" for "50 per centum", struck out "of
subsection (e) of this section" after "paragraph (1)(B)" and
inserted before period at end "; except that the amount of the
financial assistance provided under paragraph (1)(A)(iii) may be up
to 100 percent of any costs for activities that benefit the entire
System".
1986 - Pub. L. 99-272 amended section generally. Prior to
amendment, section read as follows: "The Secretary may, in
accordance with this section and in accordance with such rules and
regulations as the Secretary shall promulgate, make grants to any
coastal state for the purpose of -
"(1) acquiring, developing, or operating estuarine sanctuaries,
to serve as natural field laboratories in which to study and
gather data on the natural and human processes occurring within
the estuaries of the coastal zone; and
"(2) acquiring lands to provide for the preservation of
islands, or portions thereof.
The amount of any such grant shall not exceed 50 per centum of the
cost of the project involved; except that, in the case of
acquisition of any estuarine sanctuary, the Federal share of the
cost thereof shall not exceed $3,000,000. No grant for acquisition
of land may be made under this section without the approval of the
Governor of the State in which is located the land proposed to be
acquired."
1980 - Pub. L. 96-464, in par. (2), substituted "the preservation
of islands, or portions thereof" for "access to public beaches and
other public coastal areas of environmental, recreational,
historical, esthetic, ecological, or cultural value, and for the
preservation of islands"; and in provision following par. (2),
raised the spending limitation of $2,000,000 to $3,000,000 and
inserted provision that no grant for acquisition of land may be
made under this section without the approval of the Governor of the
state in which the land proposed to be acquired is located.
1976 - Pub. L. 94-370, Sec. 12, restructured existing provisions
into pars. (1) and (2), inserted purpose of acquiring lands to
provide for access to beaches and other coastal areas and for the
preservation of islands, and struck out proviso that no Federal
funds received pursuant to sections 1454 or 1455 of this title be
used for purposes of this section.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1447c, 1458, 1460, 1464
of this title; title 33 section 2901; title 42 sections 7403, 7412.
-End-
-CITE-
16 USC Sec. 1462 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 33 - COASTAL ZONE MANAGEMENT
-HEAD-
Sec. 1462. Coastal zone management reports
-STATUTE-
(a) Biennial reports
The Secretary shall consult with the Congress on a regular basis
concerning the administration of this chapter and shall prepare and
submit to the President for transmittal to the Congress a report
summarizing the administration of this chapter during each period
of two consecutive fiscal years. Each report, which shall be
transmitted to the Congress not later than April 1 of the year
following the close of the biennial period to which it pertains,
shall include, but not be restricted to (1) an identification of
the state programs approved pursuant to this chapter during the
preceding Federal fiscal year and a description of those programs;
(2) a listing of the states participating in the provisions of this
chapter and a description of the status of each state's programs
and its accomplishments during the preceding Federal fiscal year;
(3) an itemization of the allocation of funds to the various
coastal states and a breakdown of the major projects and areas on
which these funds were expended; (4) an identification of any state
programs which have been reviewed and disapproved, and a statement
of the reasons for such actions; (5) a summary of evaluation
findings prepared in accordance with subsection (a) of section 1458
of this title, and a description of any sanctions imposed under
subsections (c) and (d) of section 1458 of this title; (6) a
listing of all activities and projects which, pursuant to the
provisions of subsection (c) or subsection (d) of section 1456 of
this title, are not consistent with an applicable approved state
management program; (7) a summary of the regulations issued by the
Secretary or in effect during the preceding Federal fiscal year;
(8) a summary of a coordinated national strategy and program for
the Nation's coastal zone including identification and discussion
of Federal, regional, state, and local responsibilities and
functions therein; (9) a summary of outstanding problems arising in
the administration of this chapter in order of priority; (10) a
description of the economic, environmental, and social consequences
of energy activity affecting the coastal zone and an evaluation of
the effectiveness of financial assistance under section 1456a of
this title in dealing with such consequences; (11) a description
and evaluation of applicable interstate and regional planning and
coordination mechanisms developed by the coastal states; (12) a
summary and evaluation of the research, studies, and training
conducted in support of coastal zone management; and (13) such
other information as may be appropriate.
(b) Recommendations for legislation
The report required by subsection (a) of this section shall
contain such recommendations for additional legislation as the
Secretary deems necessary to achieve the objectives of this chapter
and enhance its effective operation.
(c) Review of other Federal programs; report to Congress
(1) The Secretary shall conduct a systematic review of Federal
programs, other than this chapter, that affect coastal resources
for purposes of identifying conflicts between the objectives and
administration of such programs and the purposes and policies of
this chapter. Not later than 1 year after October 17, 1980, the
Secretary shall notify each Federal agency having appropriate
jurisdiction of any conflict between its program and the purposes
and policies of this chapter identified as a result of such review.
(2) The Secretary shall promptly submit a report to the Congress
consisting of the information required under paragraph (1) of this
subsection. Such report shall include recommendations for changes
necessary to resolve existing conflicts among Federal laws and
programs that affect the uses of coastal resources.
-SOURCE-
(Pub. L. 89-454, title III, Sec. 316, formerly Sec. 313, as added
Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered Sec. 316
and amended Pub. L. 94-370, Secs. 7, 13, July 26, 1976, 90 Stat.
1019, 1030; Pub. L. 96-464, Sec. 10, Oct. 17, 1980, 94 Stat. 2066;
Pub. L. 102-587, title II, Sec. 2205(b)(23), Nov. 4, 1992, 106
Stat. 5052.)
-MISC1-
AMENDMENTS
1992 - Subsec. (a)(5). Pub. L. 102-587 substituted "subsections
(c) and (d) of section 1458 of this title" for "subsections (c) and
(d) of this section".
1980 - Subsec. (a). Pub. L. 96-464, Sec. 10(2), in provision
preceding opening sentence, substituted provisions that the
Secretary consult with Congress concerning the administration of
this chapter and prepare and submit a biennial report to the
President for transmittal to Congress for provisions that the
Secretary prepare and submit to the President for transmittal to
Congress an annual report for the preceding year not later than
November 1 of each year, in cl. (4), substituted "reviewed and
disapproved and a" for "reviewed and disapproved or with respect to
which grants have been terminated under this chapter, and a", added
cl. (5), and redesignated cls. (5) to (12) as (6) to (13)
respectively.
Subsec. (c). Pub. L. 96-464, Sec. 10(3), added subsec. (c).
1976 - Subsec. (a). Pub. L. 94-370, Sec. 13, added cls. (9) to
(11) and redesignated former cl. (9) as (12).
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(a) of this section relating to transmittal to Congress of a
biennial report summarizing the administration of this chapter, see
section 3003 of Pub. L. 104-66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance, and page 53 of House
Document No. 103-7.
SHELLFISH SANITATION
Section 16 of Pub. L. 94-370 provided that:
"(a) The Secretary of Commerce shall -
"(1) undertake a comprehensive review of all aspects of the
molluscan shellfish industry, including, but not limited to, the
harvesting, processing, and transportation of such shellfish; and
"(2) evaluate the impact of Federal law concerning water
quality on the molluscan shellfish industry.
The Secretary of Commerce shall, not later than April 30, 1977,
submit a report to the Congress of the findings, comments, and
recommendations (if any) which result from such review and
evaluation.
"(b) The Secretary of Health, Education, and Welfare [now Health
and Human Services] shall not promulgate final regulations
concerning the national shellfish safety program before June 30,
1977. At least 60 days prior to the promulgation of any such
regulations, the Secretary of Health, Education, and Welfare, in
consultation with the Secretary of Commerce, shall publish an
analysis (1) of the economic impact of such regulations on the
domestic shellfish industry, and (2) the cost of such national
shellfish safety program relative to the benefits that it is
expected to achieve."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1461 of this title.
-End-
-CITE-
16 USC Sec. 1463 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 33 - COASTAL ZONE MANAGEMENT
-HEAD-
Sec. 1463. Rules and regulations
-STATUTE-
The Secretary shall develop and promulgate, pursuant to section
553 of title 5, after notice and opportunity for full participation
by relevant Federal agencies, state agencies, local governments,
regional organizations, port authorities, and other interested
parties, both public and private, such rules and regulations as may
be necessary to carry out the provisions of this chapter.
-SOURCE-
(Pub. L. 89-454, title III, Sec. 317, formerly Sec. 314, as added
Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered Sec. 317, (continued)