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16 U.S.C. § 1458 — Review of performance

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1458 — Review of performance

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Stable record: federal_law:legal_authorities:record_usc_cb9c8459522f23b538be74ad
Source file: Laws/federal/codes/united-states-code/title-16/section-1458-review-of-performance--e251d74c5a.md
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Source location: Title 16, Chapter 33, § 1458; chapter-033-coastal-zone-management.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1461&num=0&edition=prelim), 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). **(e) Notice and hearing** Management program approval and financial assistance may not be withdrawn under subsection (d), 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), 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.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1461 — National Estuarine Research Reserve System

**(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). 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 pri

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1461

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1455 — Administrative grants

**(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) 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). **(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, an

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1455

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1462 — Coastal zone management reports

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1458&num=0&edition=prelim), and a description of any sanctions imposed under subsections (c) and (d) of [section 1458 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1458&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1462

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1458 — Review of performance

Page 1895 TITLE 16—CONSERVATION § 1458 § 1456d. Coastal and Estuarine Land Conserva- tion Program The Secretary shall establish a Coastal and Estuarine Land Conservation Program, for the purpose of protecting important coastal and es- tuarine areas that have significant conserva- tion, recreation, ecological, historical, or aes- thetic values, or that are threatened by conver- sion 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 Gov- ernors’ 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: Pro- vided further, That grants funded under this pro- gram shall require a 100 percent match from other sources. (Pub. L. 107–77, title II, Nov. 28, 2001, 115 Stat. 776.) Editorial Notes 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. Statutory Notes and Related Subsidiaries 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 estua- rine areas th

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1458

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