16 U.S.C. § 1464 — Authorization of appropriations

Page 1901 TITLE 16—CONSERVATION § 1464 (B) one representative appointed by the Gov- ernor of Alaska; (C) one representative appointed by the Gov- ernor of Washington; (D) one representative appointed by the Gov- ernor of California; and (E) one representative appointed by the Gov- ernor of Hawaii. (2) Such policies shall include the selection, on a nationally competitive basis, of the research, projects, and studies to be supported by the In- stitute in accordance with the purposes of this section. (d) Establishment of Advisory Council; functions and composition (1) The Board of Governors shall establish an Advisory Council composed of specialists in ocean and coastal resources from the academic community. (2) To the maximum extent practicable, the Advisory Council shall be composed of such spe- cialists from every coastal region of the Nation. (3) The Advisory Council shall provide such advice to the Board of Governors as such Board shall request, including recommendations re- garding the support of research, projects, and studies in accordance with the purposes of this section. (e) Administration of Institute The Institute shall be administered by a Di- rector who shall be appointed by the Chancellor of the Oregon Board of Higher Education in con- sultation with the Board of Governors. (f) Evaluation of Institute by Secretary The Secretary of Commerce shall conduct an ongoing evaluation of the activities of the Insti- tute to ensure that funds received by the Insti- tute under this section are used in a manner consistent with the provisions of this section. (g) Report to Secretary The Institute shall report to the Secretary of Commerce on its activities within 2 years after July 17, 1984. (h) Access to Institute books, records, and docu- ments The Comptroller General of the United States, and any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers and records of the Institute that are pertinent to the funds received under this section. (i) Status of Institute employees Employees of the Institute shall not, by rea- son of such employment, be considered to be em- ployees of the Federal Government for any pur- pose. (j) Authorization of appropriations For the purposes of this section, there are au- thorized to be appropriated in each fiscal year $5,000,000, commencing with fiscal year 1985. (Pub. L. 98–364, title II, § 201, July 17, 1984, 98 Stat. 443.) Editorial Notes REFERENCES IN TEXT This section, referred to in subsecs. (a) to (d), (f), (h) and (j), was in the original ‘‘this title’’, meaning title II of Pub. L. 98–364, which enacted this section. CODIFICATION Section was not enacted as part of the Coastal Zone Management Act of 1972 which comprises this chapter. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the Presi- dent or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is oth- erwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 1464. Authorization of appropriations (a) Sums appropriated to Secretary There are authorized to be appropriated to the Secretary, to remain available until expended— (1) for grants under sections 1455, 1455a, and 1456b of this title— (A) $47,600,000 for fiscal year 1997; (B) $49,000,000 for fiscal year 1998; and (C) $50,500,000 for fiscal year 1999; and (2) for grants under section 1461 of this title— (A) $4,400,000 for fiscal year 1997; (B) $4,500,000 for fiscal year 1998; and (C) $4,600,000 for fiscal year 1999. (b) Limitations Federal funds received from other sources shall not be used to pay a coastal state’s share of costs under section 1455 or 1456b of this title. (c) Reversion to Secretary of unobligated State funds; availability of funds The amount of any grant, or portion of a grant, made to a State under any section of this chapter which is not obligated by such State during the fiscal year, or during the second fis- cal year after the fiscal year, for which it was first authorized to be obligated by such State shall revert to the Secretary. The Secretary shall add such reverted amount to those funds available for grants under the section for such reverted amount was originally made available. (Pub. L. 89–454, title III, § 318, formerly § 315, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1289; amended Pub. L. 93–612, § 1(3), Jan. 2, 1975, 88 Stat. 1974; renumbered § 318 and amended Pub. L. 94–370, §§ 7, 14, July 26, 1976, 90 Stat. 1019, 1031; Pub. L. 95–372, title V, §§ 502, 503(e), (f), Sept. 18, 1978, 92 Stat. 692, 693; Pub. L. 96–464, § 13, Oct. 17, 1980, 94 Stat. 2070; Pub. L. 99–272, title VI, § 6046, Apr. 7, 1986, 100 Stat. 127; Pub. L. 99–626, § 7, Nov. 7, 1986, 100 Stat. 3506; Pub. L. 101–508, title VI, § 6215, Nov. 5, 1990, 104 Stat. 1388–313; Pub. L. 104–150, § 4, June 3, 1996, 110 Stat. 1381.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’ which was translated as reading ‘‘this title’’, meaning title III of Pub. L. 89–454 which is classified generally to this chapter, to reflect the prob- able intent of Congress. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–150, § 4(1), amended sub- sec. (a) generally, substituting provisions of pars. (1) Page 1902 TITLE 16—CONSERVATION § 1464 and (2) setting forth appropriations for grants under sections 1455, 1455a, 1456b, and 1461 for fiscal years 1997, 1998, and 1999 for provisions of pars. (1) to (4) setting forth appropriations for grants under sections 1454, 1455, 1455a, 1456b, and 1461 and activities under section 1456c for fiscal years during the period beginning Oct. 1, 1990, and ending Sept. 30, 1995. Subsecs. (b) to (d). Pub. L. 104–150, § 4(2), (3), redesig- nated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which read as follows: ‘‘There are authorized to be appropriated until October 1, 1986, to the Fund, such sums, not to exceed $800,000,000, for the purposes of carrying out the provi- sions of section 1456a of this title, other than sub- section (b), of which not to exceed $150,000,000 shall be for purposes of subsections (c)(1), (c)(2) and (c)(3) of such section.’’ 1990—Subsec. (a)(1) to (4). Pub. L. 101–508 substituted pars. (1) to (4) for former pars. (1) to (5) which read as follows: ‘‘(1) such sums, not to exceed $35,000,000 for the fiscal year ending September 30, 1986, not to exceed $36,600,000 for the fiscal year ending September 30, 1987, $37,900,000 for the fiscal year ending September 30, 1988, $38,800,000 for the fiscal year ending September 30, 1989, and $40,600,000 for the fiscal year ending September 30, 1990, as may be necessary for grants under sections 1455 and 1455a of this title, to remain available until expended; ‘‘(2) such sums, not to exceed $75,000,000 for each of the fiscal years occurring during the period beginning October 1, 1980, and ending September 30, 1988, as may be necessary for grants under section 1456a(b) of this title; ‘‘(3) such sums, not to exceed $1,000,000 for the fiscal year ending September 30, 1986, and not to exceed $1,500,000 for each of the fiscal years occurring during the period beginning October 1, 1986, and ending Sep- tember 30, 1990, as may be necessary for grants under section 1456b of this title, to remain available until ex- pended; ‘‘(4) such sums, not to exceed $2,500,000 for the fiscal year ending September 30, 1986, not to exceed $3,800,000 for the fiscal year ending September 30, 1987, $4,500,000 for the fiscal year ending September 30, 1988, $5,000,000 for the fiscal year ending September 30, 1989, and $5,500,000 for the fiscal year ending September 30, 1990, as may be necessary for grants under section 1461 of this title, to remain available until expended; and ‘‘(5) such sums, not to exceed $3,300,000 for the fiscal year ending September 30, 1986, not to exceed $3,300,000 for the fiscal year ending September 30, 1987, $3,300,000 for the fiscal year ending September 30, 1988, $4,000,000 for the fiscal year ending September 30, 1989, and $4,000,000 for the fiscal year ending September 30, 1990, as may be necessary for administrative expenses inci- dent to the administration of this chapter.’’ 1986—Subsec. (a)(1). Pub. L. 99–272, § 6046(1), sub- stituted authorization of appropriations for each of fis- cal years 1986 through 1990 necessary for grants under sections 1455 and 1455a of this title, for authorization of appropriations of $48,000,000 for each of fiscal years 1981 through 1985 necessary for grants under section 1455 of this title. Subsec. (a)(2). Pub. L. 99–272, § 6046(2), redesignated par. (3) as (2), and struck out former par. (2) which au- thorized appropriations of $20,000,000 for each of fiscal years 1981 through 1985 necessary for grants under sec- tion 1455a of this title. Subsec. (a)(3). Pub. L. 99–272, § 6046(2), (3), redesig- nated par. (4) as (3) and substituted authorization of ap- propriations for each of fiscal years 1986 through 1990 necessary for grants under section 1456b of this title, for authorization of appropriations of $3,000,000 for each of fiscal years 1981 through 1985 necessary for grants under section 1456b of this title. Former par. (3) redes- ignated (2). Subsec. (a)(4). Pub. L. 99–272, § 6046(2), (3), redesig- nated par. (5) as (4) and substituted authorization of ap- propriations for each of fiscal years 1986 through 1990 necessary for grants under section 1461 of this title, for authorization of appropriations of $9,000,000 for each of fiscal years 1981 through 1985 necessary for grants under section 1461 of this title. Former par. (4) redesig- nated (3). Subsec. (a)(5), (6). Pub. L. 99–272, § 6046(2), (3), redesig- nated par. (6) as (5) and substituted authorization of ap- propriations for each of fiscal years 1986 through 1990 necessary for administrative expenses incident to ad- ministration of this chapter, for authorization of ap- propriations of $6,000,000 for each of fiscal years 1981 through 1985 necessary for such administrative ex- penses. Former par. (5) redesignated (4). Subsec. (d). Pub. L. 99–626 added subsec. (d). 1980—Subsec. (a)(1). Pub. L. 96–464, § 13(1), redesig- nated par. (2) as (1) and substituted authorization of ap- propriation of $48,000,000 for each of the fiscal years 1981 through 1985, for authorization of appropriation of $50,000,000 for fiscal years 1977 through 1980. Former par. (1), which authorized appropriation of $20,000,000 for fiscal years 1977 through 1979 for grants under sec- tion 1454 of this title, was struck out. Subsec. (a)(2). Pub. L. 96–464, § 13(1), added par. (2). Former par. (2) redesignated (1). Subsec. (a)(3). Pub. L. 96–464, § 13(1), substituted au- thorization of appropriation of $75,000,000 for each of the fiscal years 1981 through 1988, for authorization of appropriation of $50,000,000 for each of the fiscal year years 1977 and 1978, and $130,000,000 for each of the fiscal years 1979 through 1988. Subsec. (a)(4). Pub. L. 96–464, § 13(1), redesignated par. (5) as (4) and substituted authorization of appropriation of $3,000,000 for each of the fiscal years 1981 through 1985, for authorization of appropriation of $5,000,000 for each of the fiscal years 1977 through 1980. Former par. (4), which authorized appropriation of $5,000,000 for each of the fiscal years 1979 through 1983 for grants under section 1456a(c)(2) of this title, was struck out. Subsec. (a)(5). Pub. L. 96–464, § 13(1), combined in par. (5), authorization of appropriation of $31,000,000 for grants under section 1461 of this title for fiscal years 1977 through 1980 formerly contained in pars. (7) and (8), and authorized appropriation of $9,000,000 for grants under section 1461 of this title for fiscal years 1981 through 1985. Former par. (5) redesignated (4). Subsec. (a)(6). Pub. L. 96–464, § 13(1), redesignated par. (9) as (6) and substituted authorization of appropriation of $6,000,000 for fiscal years 1981 through 1985, for au- thorization of appropriation of $5,000,000 for fiscal years 1977 through 1980. Former par. (6), which contained au- thorization of appropriation of $10,000,000 for fiscal years 1977 through 1980 for financial assistance under section 1456c of this title with equal division between subsecs. (a) and (b), was struck out. Subsec. (a)(7) to (9). Pub. L. 96–464, § 13(1), combined provisions of pars. (7) and (8) into par. (5) and redesig- nated par. (9) as (6). Subsec. (b). Pub. L. 96–464, § 13(2), substituted ‘‘sub- section (b) of this section, of which not to exceed $150,000,000 shall be for purposes of subsections (c)(1), (c)(2) and (c)(3) of such section’’ for ‘‘subsections (b) and (c)(2), of which not to exceed $50,000,000 shall be for purposes of subsections (c)(1) and (d)(4) of such sec- tion’’. Subsec. (c). Pub. L. 96–464, § 13(3), substituted ‘‘section 1455 or 1456b of this title’’ for ‘‘section 1454, 1455, 1456b or 1456c of this title’’. 1978—Subsec. (a)(3). Pub. L. 95–372, § 502, substituted ‘‘for each of the fiscal years ending September 30, 1977, and September 30, 1978, and not to exceed $130,000,000 per fiscal year for each of the fiscal years occurring during the period beginning on October 1, 1978, and end- ing September 30, 1988,’’ for ‘‘for each of the 8 fiscal years occurring during the period beginning October 1, 1976, and ending September 30, 1984,’’. Subsec. (a)(4) to (9). Pub. L. 95–372, § 503(e), added par. (4) and redesignated former pars. (4) to (8) as (5) to (9), respectively. Subsec. (b). Pub. L. 95–372, § 503(f), substituted ‘‘sub- sections (b) and (c)(2)’’ for ‘‘subsection (b)’’ and ‘‘sub- sections (c)(1)’’ for ‘‘subsections (c)’’. Page 1903 TITLE 16—CONSERVATION § 1466 1976—Subsec. (a)(1). Pub. L. 94–370, § 14, substituted provisions authorizing appropriations of sums not to exceed $20,000,000 for each of the fiscal years ending Sept. 30, 1977, Sept. 30, 1978, and Sept. 30, 1979 for provi- sions authorizing appropriations of the sum of $9,000,000 for the fiscal year ending June 30, 1973, and for each of the fiscal years 1974 through 1977. Subsec. (a)(2). Pub. L. 94–370, § 14, substituted provi- sions authorizing appropriations of sums not to exceed $50,000,000 for each of the fiscal years ending Sept. 30, 1977, Sept. 30, 1978, Sept. 30, 1979, and Sept. 30, 1980 for provisions authorizing appropriations of sums not to exceed $30,000,000 for the fiscal year ending June 30, 1974, and for each of the fiscal years 1975 through 1977. Subsec. (a)(3). Pub. L. 94–370, § 14, substituted provi- sions authorizing appropriations of sums not to exceed $50,000,000 for each of the 8 fiscal years occurring during the period beginning Oct. 1, 1976, and ending Sept. 30, 1984, as may be necessary for grants under section 1456a(b) of this title for provisions authorizing appro- priations of sums not to exceed $6,000,000 for the fiscal year ending June 30, 1974, as may be necessary for grants under section 1461 of this title, to remain avail- able until expended. Subsec. (a)(4) to (8). Pub. L. 94–370, § 14, added pars. (4) to (8). Subsec. (b). Pub. L. 94–370, § 14, substituted provisions authorizing appropriations until Oct. 1, 1986 to the Fund of sums not to exceed $800,000,000 for the purpose of carrying out provisions of section 1456a of this title, other than subsec. (b) of such section, of which sums not to exceed $50,000,000 shall be for purposes of sub- secs. (c) and (d)(4) of such section for provisions author- izing appropriations of sums not to exceed $3,000,000, for fiscal year 1973 and for each of the four succeeding fis- cal years, as may be necessary for administrative ex- penses for administration of this chapter. Subsec. (c). Pub. L. 94–370, § 14, added subsec. (c). 1975—Subsec. (a)(1). Pub. L. 93–612, § 1(3)(A), increased from $9,000,000 to $12,000,000 the sums authorized to be appropriated for the 3 fiscal years following the fiscal year 1974. Subsec. (a)(3). Pub. L. 93–612, § 1(3)(B), inserted ‘‘and for each of the three succeeding fiscal years,’’ after ‘‘fiscal year ending June 30, 1974,’’. § 1465. Appeals to the Secretary (a) Notice Not later than 30 days after the date of the fil- ing of an appeal to the Secretary of a consist- ency determination under section 1456 of this title, the Secretary shall publish an initial no- tice in the Federal Register. (b) Closure of record (1) In general Not later than the end of the 160-day period beginning on the date of publication of an ini- tial notice under subsection (a), except as pro- vided in paragraph (3), the Secretary shall im- mediately close the decision record and re- ceive no more filings on the appeal. (2) Notice After closing the administrative record, the Secretary shall immediately publish a notice in the Federal Register that the administra- tive record has been closed. (3) Exception (A) In general Subject to subparagraph (B), during the 160-day period described in paragraph (1), the Secretary may stay the closing of the deci- sion record— (i) for a specific period mutually agreed to in writing by the appellant and the State agency; or (ii) as the Secretary determines nec- essary to receive, on an expedited basis— (I) any supplemental information spe- cifically requested by the Secretary to complete a consistency review under this chapter; or (II) any clarifying information sub- mitted by a party to the proceeding re- lated to information in the consolidated record compiled by the lead Federal per- mitting agency. (B) Applicability The Secretary may only stay the 160-day period described in paragraph (1) for a period not to exceed 60 days. (c) Deadline for decision (1) In general Not later than 60 days after the date of pub- lication of a Federal Register notice stating when the decision record for an appeal has been closed, the Secretary shall issue a deci- sion or publish a notice in the Federal Reg- ister explaining why a decision cannot be issued at that time. (2) Subsequent decision Not later than 15 days after the date of pub- lication of a Federal Register notice explain- ing why a decision cannot be issued within the 60-day period, the Secretary shall issue a deci- sion. (Pub. L. 89–454, title III, § 319, as added Pub. L. 104–150, § 8, June 3, 1996, 110 Stat. 1382; amended Pub. L. 109–58, title III, § 381, Aug. 8, 2005, 119 Stat. 737.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(3)(A)(ii)(I), was in the original ‘‘this Act’’ which was translated as reading ‘‘this title’’, meaning title III of Pub. L. 89–454 which is classified generally to this chapter, to reflect the probable intent of Congress. AMENDMENTS 2005—Pub. L. 109–58 amended section catchline and text generally, substituting provisions relating to no- tice, closure of record, and deadline for decision for provisions relating to notice, deadline for decision, and application of section. § 1466. Appeals relating to offshore mineral de- velopment For any Federal administrative agency pro- ceeding that is an appeal or review under sec- tion 319 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1465) related to any Federal au- thorization for the permitting, approval, or other authorization of an energy project, the lead Federal permitting agency for the project shall, with the cooperation of Federal and State administrative agencies, maintain a consoli- dated record of all decisions made or actions taken by the lead agency or by another Federal or State administrative agency or officer. Such record shall be the initial record for appeals or reviews under that Act, provided that the record may be supplemented as expressly provided pur- suant to section 319 of that Act.