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16 U.S.C. § 1463 — Rules and regulations

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

16 U.S.C. § 1463 — Rules and regulations

Page 1900 TITLE 16—CONSERVATION § 1463 achieve the objectives of this chapter and en- hance 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 pur- poses of identifying conflicts between the objec- tives and administration of such programs and the purposes and policies of this chapter. Not later than 1 year after October 17, 1980, the Sec- retary 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 re- port to the Congress consisting of the informa- tion required under paragraph (1) of this sub- section. Such report shall include recommenda- tions for changes necessary to resolve existing conflicts among Federal laws and programs that affect the uses of coastal resources. (Pub. L. 89–454, title III, § 316, formerly § 313, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1288; renumbered § 316 and amended Pub. L. 94–370, §§ 7, 13, July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 96–464, § 10, Oct. 17, 1980, 94 Stat. 2066; Pub. L. 102–587, title II, § 2205(b)(23), Nov. 4, 1992, 106 Stat. 5052.) Editorial Notes AMENDMENTS 1992—Subsec. (a)(5). Pub. L. 102–587 substituted ‘‘sub- sections (c) and (d) of section 1458 of this title’’ for ‘‘subsections (c) and (d) of this section’’. 1980—Subsec. (a). Pub. L. 96–464, § 10(2), in provision preceding opening sentence, substituted provisions that the Secretary consult with Congress concerning the ad- ministration of this chapter and prepare and submit a biennial report to the Pre

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Page 1900 TITLE 16—CONSERVATION § 1463 achieve the objectives of this chapter and en- hance 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 pur- poses of identifying conflicts between the objec- tives and administration of such programs and the purposes and policies of this chapter. Not later than 1 year after October 17, 1980, the Sec- retary 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 re- port to the Congress consisting of the informa- tion required under paragraph (1) of this sub- section. Such report shall include recommenda- tions for changes necessary to resolve existing conflicts among Federal laws and programs that affect the uses of coastal resources. (Pub. L. 89–454, title III, § 316, formerly § 313, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1288; renumbered § 316 and amended Pub. L. 94–370, §§ 7, 13, July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 96–464, § 10, Oct. 17, 1980, 94 Stat. 2066; Pub. L. 102–587, title II, § 2205(b)(23), Nov. 4, 1992, 106 Stat. 5052.) Editorial Notes AMENDMENTS 1992—Subsec. (a)(5). Pub. L. 102–587 substituted ‘‘sub- sections (c) and (d) of section 1458 of this title’’ for ‘‘subsections (c) and (d) of this section’’. 1980—Subsec. (a). Pub. L. 96–464, § 10(2), in provision preceding opening sentence, substituted provisions that the Secretary consult with Congress concerning the ad- ministration of this chapter and prepare and submit a biennial report to the President for transmittal to Con- gress for provisions that the Secretary prepare and sub- mit to the President for transmittal to Congress an an- nual report for the preceding year not later than No- vember 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 redesig- nated cls. (5) to (12) as (6) to (13) respectively. Subsec. (c). Pub. L. 96–464, § 10(3), added subsec. (c). 1976—Subsec. (a). Pub. L. 94–370, § 13, added cls. (9) to (11) and redesignated former cl. (9) as (12). Statutory Notes and Related Subsidiaries 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 adminis- tration 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 Pub. L. 94–370, § 16, July 26, 1976, 90 Stat. 1032, required the Secretary of Commerce to undertake a comprehen- sive review of the molluscan shellfish industry, and evaluate the impact of Federal law concerning water quality on the industry, with a report due to Congress by Apr. 30, 1977, of the findings, comments, and rec- ommendations from the review, with final regulations to be promulgated not before June 30, 1977. Executive Documents ASSIGNMENT OF REPORTING FUNCTION Memorandum of President of the United States, Aug. 5, 2005, 70 F.R. 46397, provided: Memorandum for the Secretary of Commerce By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 316 of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451, et seq.). You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 1463. Rules and regulations The Secretary shall develop and promulgate, pursuant to section 553 of title 5, after notice and opportunity for full participation by rel- evant Federal agencies, state agencies, local governments, regional organizations, port au- thorities, and other interested parties, both pub- lic and private, such rules and regulations as may be necessary to carry out the provisions of this chapter. (Pub. L. 89–454, title III, § 317, formerly § 314, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1288; renumbered § 317, Pub. L. 94–370, § 7, July 26, 1976, 90 Stat. 1019.) § 1463a. Omitted Editorial Notes CODIFICATION Section, Pub. L. 96–464, § 12(a)–(g), Oct. 17, 1980, 94 Stat. 2067; Pub. L. 98–620, title IV, § 402(20), Nov. 8, 1984, 98 Stat. 3358, which required the Secretary of Com- merce to submit to Congress any final rule promul- gated pursuant to this chapter and provided procedures for Congressional disapproval of such rules was omitted pursuant to section 12(h) of Pub. L. 96–464, which pro- vided that this section would cease to have any force or effect after Sept. 30, 1985. § 1463b. National Coastal Resources Research and Development Institute (a) Establishment by Secretary; administration The Secretary of Commerce shall provide for the establishment of a National Coastal Re- sources Research and Development Institute (hereinafter in this section referred to as the ‘‘Institute’’) to be administered by the Oregon State Marine Science Center. (b) Purposes of Institute The Institute shall conduct research and carry out educational and demonstration projects de- signed to promote the efficient and responsible development of ocean and coastal resources, in- cluding arctic resources. Such projects shall be based on biological, geological, genetic, eco- nomic and other scientific research applicable to the purposes of this section and shall include studies on the economic diversification and en- vironmental protection of the Nation’s coastal areas. (c) Determination of Institute policies (1) The policies of the Institute shall be deter- mined by a Board of Governors composed of— (A) two representatives appointed by the Governor of Oregon;

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

16 U.S.C. § 1451 — Congressional findings

The Congress finds that— **(a)** There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone. **(b)** The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation. **(c)** The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion. **(d)** The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man’s alterations. **(e)** Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost. **(f)** New and expanding demands for food, energy, minerals, defense needs, recreation, waste disposal, transportation, and industrial activities in the Great Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are placing stress on these areas and are creating the need for resolution of serious conflicts among important and competing uses and values in coastal and ocean waters; 11 So

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

16 U.S.C. § 1451 — Congressional findings

Page 1872 TITLE 16—CONSERVATION § 1447f 1 So in original. The semicolon probably should be a period. as a note preceding section 21 of Title 2, The Congress. Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Tech- nology of House of Representatives by House Resolu- tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. § 1447f. Authorization of appropriations (a) In general For purposes of carrying out the provisions of this chapter, there are authorized to be appro- priated $18,000,000 for each of the fiscal years 1992 through 1996. (b) Allocation (1) Of funds appropriated in any fiscal year, not more than $500,000 shall be reserved for ad- ministration of this chapter by the National Oceanic and Atmospheric Administration and the Environmental Protection Agency. (2) Funds appropriated in a fiscal year which are available after allocation pursuant to para- graph (1), shall be used to support the adminis- trative costs of Boards established pursuant to section 1447b(a) of this title, provided that such funding does not exceed $300,000 for each re- search Board in each fiscal year. (3) Seventy-five percent of funds appropriated in a fiscal year available after allocation pursu- ant to paragraphs (1) and (2), shall be allocated equally among Boards located in regions sub- mitting research project grant applications pur- suant to section 1447d(b) of this title. (4) Twenty-five percent of funds appropriated in a fiscal year available after allocation pursu- ant to paragraphs (1) and (2), shall be all

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

16 U.S.C. § 1463 — Rules and regulations

The Secretary shall develop and promulgate, pursuant to [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), 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.

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