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

Page 1897 TITLE 16—CONSERVATION § 1461 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. (Pub. L. 89–454, title III, § 313, formerly § 310, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1287; renumbered § 313 and amended Pub. L. 94–370, §§ 7, 11, July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 102–587, title II, § 2205(b)(19), Nov. 4, 1992, 106 Stat. 5052.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–587, § 2205(b)(19)(A), sub- stituted ‘‘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, § 2205(b)(19)(B), sub- stituted ‘‘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, § 11(2), inserted ‘‘or of financial assistance under section 1456a of this title’’ after ‘‘grant under this chapter’’ and ‘‘and of the pro- ceeds of such assistance’’ after ‘‘received under the grant’’. Subsec. (b). Pub. L. 94–370, § 11(3), inserted provisions limiting duration of authority to 3 years after comple- tion of project or repayment of loan and enlarged scope of access to include persons who entered into trans- actions relating to the grant of funds. § 1460. Walter B. Jones excellence in coastal zone management awards (a) Establishment The Secretary shall, using sums in the Coastal Zone Management Fund established under sec- tion 1456a of this title and other amounts avail- able 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 ac- knowledging 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 con- tribution to the field of coastal zone manage- ment has been the most significant; (2) 5 local governments which have made the most progress in developing and implementing the coastal zone management principles em- bodied in this chapter; and (3) up to 10 graduate students whose aca- demic study promises to contribute materially to development of new or improved approaches to coastal zone management. (c) Solicitation of nominations for local govern- ment recipients In making selections under subsection (b)(2) 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 stu- dent recipients In making selections under subsection (b)(3) the Secretary shall solicit nominations from coastal states and the National Sea Grant Col- lege 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 estab- lish and execute appropriate awards, to be known as the ‘‘Walter B. Jones Awards’’, includ- ing— (1) cash awards in an amount not to exceed $5,000 each; (2) research grants; and (3) public ceremonies to acknowledge such awards. (Pub. L. 89–454, title III, § 314, formerly § 313, as added Pub. L. 101–508, title VI, § 6213, Nov. 5, 1990, 104 Stat. 1388–312; renumbered § 314 and amended Pub. L. 102–587, title II, § 2205(b)(20), Nov. 4, 1992, 106 Stat. 5052.) Editorial Notes PRIOR PROVISIONS A prior section 1460, Pub. L. 89–454, title III, § 314, for- merly § 311, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1287; renumbered § 314, Pub. L. 94–370, § 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, § 6045(2), Apr. 7, 1986, 100 Stat. 127. AMENDMENTS 1992—Subsecs. (a), (e). Pub. L. 102–587, § 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)’’. § 1461. National Estuarine Research Reserve Sys- tem (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 na- tional estuarine reserve under subsection (b). Each estuarine sanctuary referred to in para- graph (1) is hereby designated as a national es- tuarine reserve. (b) Designation of national estuarine reserves After April 7, 1986, the Secretary may des- ignate 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 re- search and contributes to the biogeo- graphical 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; Page 1898 TITLE 16—CONSERVATION § 1461 (C) designation of the area as a reserve will serve to enhance public awareness and understanding of estuarine areas, and pro- vide suitable opportunities for public edu- cation 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 estab- lishing priorities among, the coastal manage- ment issues that should be addressed through coordinated research within the System; (2) the establishment of common research principles and objectives to guide the develop- ment of research programs within the System; (3) the identification of uniform research methodologies which will ensure com- parability of data, the broadest application of research results, and the maximum use of the System for research purposes; (4) the establishment of performance stand- ards upon which the effectiveness of the re- search efforts and the value of reserves within the System in addressing the coastal manage- ment issues identified in paragraph (1) may be measured; and (5) the consideration of additional sources of funds for estuarine research than the funds au- thorized under this chapter, and strategies for encouraging the use of such funds within the System, with particular emphasis on mecha- nisms established under subsection (d). 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 re- search The Secretary shall take such action as is nec- essary 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 Sys- tem; and (2) consulting with other Federal and State agencies to promote use of one or more re- serves 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 na- tional estuarine reserve, (ii) for purposes of operating or managing a national estuarine reserve and con- structing 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 re- serve that are consistent with the research guidelines developed under subsection (c). (2) Financial assistance provided under para- graph (1) shall be subject to such terms and con- ditions 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 inter- ests therein, for any one national estuarine re- serve may not exceed an amount equal to 50 per- cent of the costs of the lands, waters, and inter- ests 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 de- scribed in those paragraphs with respect to a re- serve; except that the amount of the financial assistance provided under paragraph (1)(A)(iii) may be up to 100 percent of any costs for activi- ties 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 as- sistance. (f) Evaluation of System performance (1) The Secretary shall periodically evaluate the operation and management of each national estuarine reserve, including education and inter- pretive activities, and the research being con- ducted within the reserve. (2) If evaluation under paragraph (1) reveals that the operation and management of the re- serve is deficient, or that the research being conducted within the reserve is not consistent with the research guidelines developed under subsection (c), the Secretary may suspend the eligibility of that reserve for financial assist- ance under subsection (e) until the deficiency or inconsistency is remedied. (3) The Secretary may withdraw the designa- tion 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 find- ings made under subsection (b)(2) regarding that area no longer exists; or (B) a substantial portion of the research con- ducted within the area, over a period of years, has not been consistent with the research guidelines developed under subsection (c). (g) Report The Secretary shall include in the report re- quired under section 1462 of this title informa- tion regarding— (1) new designations of national estuarine reserves; Page 1899 TITLE 16—CONSERVATION § 1462 (2) any expansion of existing national estua- rine reserves; (3) the status of the research program being conducted within the System; and (4) a summary of the evaluations made under subsection (f). (Pub. L. 89–454, title III, § 315, formerly § 312, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1288; renumbered § 315 and amended Pub. L. 94–370, §§ 7, 12, July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 96–464, § 11, Oct. 17, 1980, 94 Stat. 2067; Pub. L. 99–272, title VI, § 6044, Apr. 7, 1986, 100 Stat. 125; Pub. L. 101–508, title VI, § 6214, Nov. 5, 1990, 104 Stat. 1388–313; Pub. L. 102–587, title II, § 2205(b)(1)(A), (B), (21), (22), Nov. 4, 1992, 106 Stat. 5050, 5052; Pub. L. 104–150, § 6, June 3, 1996, 110 Stat. 1381.) Editorial Notes AMENDMENTS 1996—Subsec. (e)(3)(C). Pub. L. 104–150 added subpar. (C). 1992—Subsec. (a). Pub. L. 102–587, § 2205(b)(21), sub- stituted ‘‘Research Reserve’’ for ‘‘Reserve Research’’. Subsec. (b). Pub. L. 102–587, § 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, § 2205(b)(22), substituted ‘‘paragraph (1)’’ for ‘‘subsection (1)’’. Subsec. (e). Pub. L. 102–587, § 2205(b)(1)(A), (B), sub- stituted ‘‘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, § 6214(a), substituted ‘‘Research Reserve’’ for ‘‘Reserve Research’’ in section catchline. Subsec. (e)(3)(A). Pub. L. 101–508, § 6214(b), (d), sub- stituted ‘‘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, § 6214(c), (d), sub- stituted ‘‘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 Gov- ernor of the State in which is located the land proposed to be acquired.’’ 1980—Pub. L. 96–464, in par. (2), substituted ‘‘the pres- ervation of islands, or portions thereof’’ for ‘‘access to public beaches and other public coastal areas of envi- ronmental, recreational, historical, esthetic, ecologi- cal, or cultural value, and for the preservation of is- lands’’; and in provision following par. (2), raised the spending limitation of $2,000,000 to $3,000,000 and in- serted 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, § 12, restructured existing provi- sions into pars. (1) and (2), inserted purpose of acquir- ing 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 pur- suant to sections 1454 or 1455 of this title be used for purposes of this section. § 1462. Coastal zone management reports (a) Biennial reports The Secretary shall consult with the Congress on a regular basis concerning the administra- tion of this chapter and shall prepare and sub- mit to the President for transmittal to the Con- gress a report summarizing the administration of this chapter during each period of two con- secutive 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 chap- ter 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 dur- ing the preceding Federal fiscal year; (3) an itemization of the allocation of funds to the var- ious 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 dis- approved, and a statement of the reasons for such actions; (5) a summary of evaluation find- ings 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 pro- gram; (7) a summary of the regulations issued by the Secretary or in effect during the pre- ceding Federal fiscal year; (8) a summary of a coordinated national strategy and program for the Nation’s coastal zone including identifica- tion 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, envi- ronmental, and social consequences of energy activity affecting the coastal zone and an eval- uation of the effectiveness of financial assist- ance 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 devel- oped by the coastal states; (12) a summary and evaluation of the research, studies, and training conducted in support of coastal zone manage- ment; and (13) such other information as may be appropriate. (b) Recommendations for legislation The report required by subsection (a) shall contain such recommendations for additional legislation as the Secretary deems necessary to