16 U.S.C. § 1456b — Coastal zone enhancement grants

Page 1893 TITLE 16—CONSERVATION § 1456b Subsec. (a)(1)(C) to (G). Pub. L. 95–372, § 503(b)(2), added subpar. (C) and redesignated former subpars. (C) to (F) as (D) to (G), respectively. Subsec. (b)(2). Pub. L. 95–372, § 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 ‘‘subpara- graphs (A), (B), (C), and (D)’’, in subpar. (A) ‘‘one-half’’ for ‘‘one-third’’, and in subpars. (B) and (C) ‘‘one-quar- ter’’ 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 ex- panded outer Continental Shelf energy activities. Subsec. (b)(3). Pub. L. 95–372, § 501(b)(2), added par. (3). Former par. (3) redesignated (4). Subsec. (b)(4). Pub. L. 95–372, § 501(b)(1), redesignated par. (3) as (4). Former par. (4) redesignated (5). Subsec. (b)(5). Pub. L. 95–372, § 501(b)(1), (c), redesig- nated 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 geo- graphic 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 en- ergy activities for purposes of disbursing the proceeds of grants under this subsection. Former par. (5) redesig- nated (6). Subsec. (b)(6). Pub. L. 95–372, § 501(b)(1), redesignated par. (5) as (6) and, in par. (6) as so redesignated, in pro- visions preceding subpar. (A) and in subpar. (B) sub- stituted ‘‘paragraph (5)’’ for ‘‘paragraph (4)’’. Subsec. (c). Pub. L. 95–372, § 503(a), designated existing provisions as par. (1) and added par. (2). Subsec. (h). Pub. L. 95–372, § 503(c), substituted ‘‘sub- sections (c)(1)’’ for ‘‘subsections (c)’’ wherever appear- ing. Subsec. (k). Pub. L. 95–372, §§ 501(b)(1), 503(d), sub- stituted in par. (1) ‘‘subsection (b)(5)(B) and (c)(1)’’ for ‘‘subsection (b)(4)(B) and (c)’’ and in par. (2) ‘‘sub- section (b)(5)(B)’’ for ‘‘(b)(4)(B)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 2(b)(2) of Pub. L. 104–150 effec- tive Oct. 1, 1999, see section 2(b)(3) of Pub. L. 104–150, set out as a note under section 1454 of this title. RESCISSION OF BALANCES AND FUTURE PAYMENTS Pub. L. 112–55, div. B, title I, § 109, Nov. 18, 2011, 125 Stat. 602, provided that: ‘‘All balances in the Coastal Zone Management Fund, whether unobligated or un- available, are hereby permanently rescinded, and not- withstanding section 308(b) of the Coastal Zone Man- agement Act of 1972, as amended (16 U.S.C. 1456a[b]), any future payments to the Fund made pursuant to sec- tions 307 (16 U.S.C. 1456) and 308 (16 U.S.C. 1456a) of the Coastal Zone Management Act of 1972, as amended, shall, in this fiscal year and any future fiscal years, be treated in accordance with the Federal Credit Reform Act of 1990, as amended [2 U.S.C. 661 et seq.].’’ EXTENSION OF AUTHORITY TO MAKE LOANS UNDER SUBSECTION (d)(1) Pub. L. 99–626, § 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 sec- tion 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.’’ § 1456b. Coastal zone enhancement grants (a) ‘‘Coastal zone enhancement objective’’ de- fined 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 cre- ation 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 Na- tion’s coastal and ocean environment by man- aging uses and activities that contribute to the entry of such debris. (5) Development and adoption of procedures to assess, consider, 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 en- ergy-related activities and Government activi- ties which may be of greater than local signifi- cance. (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 estab- lished in this section, the Secretary may make grants to coastal states to provide funding for development and submission for Federal ap- proval of program changes that support attain- ment 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 ap- proved by the Secretary in accordance with sec- tion 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 Sec- retary. (c) Evaluation of State proposals by Secretary The Secretary shall evaluate and rank State proposals for funding under this section, and Page 1894 TITLE 16—CONSERVATION § 1456c make funding awards based on those proposals, taking into account the criteria established by the Secretary under subsection (d). The Sec- retary 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 bene- fits 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 regula- tions 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 con- sultation with the State) as part of the State’s development and implementation of coastal zone enhancement objectives; (2) administrative or procedural rules or re- quirements as necessary to facilitate the de- velopment and implementation of such objec- tives by coastal states; and (3) other funding award criteria as are nec- essary or appropriate to ensure that evalua- tions of proposals, and decisions to award funding, under this section are based on objec- tive 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 sec- tion, up to a maximum of $10,000,000 annually. (g) Eligibility; suspension of State for noncompli- ance If the Secretary finds that the State is not un- dertaking 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. (Pub. L. 89–454, title III, § 309, as added Pub. L. 94–370, § 8, July 26, 1976, 90 Stat. 1028; amended Pub. L. 96–464, § 8, Oct. 17, 1980, 94 Stat. 2064; Pub. L. 101–508, title VI, § 6210, Nov. 5, 1990, 104 Stat. 1388–309; Pub. L. 102–587, title II, § 2205(b)(1)(B), Nov. 4, 1992, 106 Stat. 5050; Pub. L. 104–150, §§ 3, 7(2), June 3, 1996, 110 Stat. 1380, 1382.) Editorial Notes 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 sec- tion generally, to reflect the probable intent of Con- gress. AMENDMENTS 1996—Subsec. (a)(9). Pub. L. 104–150, § 7(2), added par. (9). Subsec. (b). Pub. L. 104–150, § 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, sub- stituting 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 es- tablishing eligibility of States to receive Federal as- sistance. 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 re- quirements in this chapter can receive funding under this section. § 1456c. Technical assistance (a) The Secretary shall conduct a program of technical assistance and management-oriented research necessary to support the development and implementation of State coastal manage- ment program amendments under section 1456b of this title, and appropriate to the furtherance of international cooperative efforts and tech- nical assistance in coastal zone management. Each department, agency, and instrumentality of the executive branch of the Federal Govern- ment may assist the Secretary, on a reimburs- able basis or otherwise, in carrying out the pur- poses 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 co- ordination 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 re- search 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 develop- ment and implementation of the program estab- lished by this section. (Pub. L. 89–454, title III, § 310, as added Pub. L. 101–508, title VI, § 6211, Nov. 5, 1990, 104 Stat. 1388–311.) Editorial Notes PRIOR PROVISIONS A prior section 1456c, Pub. L. 89–454, title III, § 310, as added Pub. L. 94–370, § 9, July 26, 1976, 90 Stat. 1029, re- lated to research and technical assistance for coastal zone management, prior to repeal by Pub. L. 99–272, title VI, § 6045(1), Apr. 7, 1986, 100 Stat. 127.