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 that have significant conservation, recre- ation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural or recreational state to other uses’’. § 1457. Public hearings All public hearings required under this chap- ter must be announced at least thirty days prior to the hearing date. At the time of the an- nouncement, all agency materials pertinent to the hearings, including documents, studies, and other data, must be made available to the public for review and study. As similar materials are subsequently developed, they shall be made available to the public as they become available to the agency. (Pub. L. 89–454, title III, § 311, formerly § 308, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1287; renumbered § 311, Pub. L. 94–370, § 7, July 26, 1976, 90 Stat. 1019.) § 1458. Review of performance (a) Evaluation of adherence with terms of grants The Secretary shall conduct a continuing re- view of the performance of coastal states with respect to coastal management. Each review shall include a written evaluation with an as- sessment and detailed findings concerning the extent to which the state has implemented and enforced the program approved by the Sec- retary, 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; re- ports In evaluating a coastal state’s performance, the Secretary shall conduct the evaluation in an open and public manner, and provide full oppor- tunity for public participation, including hold- ing 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 plac- ing a notice in the Federal Register, by publica- tion of timely notices in newspapers of general circulation within the State being evaluated, and by communications with persons and orga- nizations known to be interested in the evalua- tion. Each evaluation shall be prepared in report form and shall include written responses to the written comments received during the evalua- tion process. The final report of the evaluation shall be completed within 120 days after the last public meeting held in the State being evalu- ated. Copies of the evaluation shall be imme- diately provided to all persons and organizations participating in the evaluation process. (c) Suspension of financial assistance for non- compliance; 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 with- draw 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 sec- tion 1461 of this title, or a portion of the pro- gram 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 pro- vides 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 as- sistance 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 un- expended portion of such assistance, if the Sec- Page 1896 TITLE 16—CONSERVATION § 1459 retary determines that the coastal state has failed to take the actions referred to in sub- section (c)(2)(A). (e) Notice and hearing Management program approval and financial assistance may not be withdrawn under sub- section (d), unless the Secretary gives the coast- al state notice of the proposed withdrawal and an opportunity for a public hearing on the pro- posed action. Upon the withdrawal of manage- ment 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. (Pub. L. 89–454, title III, § 312, formerly § 309, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1287, renumbered § 312 and amended Pub. L. 94–370, §§ 7, 10, July 26, 1976, 90 Stat. 1019, 1029; Pub. L. 96–464, § 9(a), Oct. 17, 1980, 94 Stat. 2065; Pub. L. 99–272, title VI, § 6043(a), Apr. 7, 1986, 100 Stat. 124; Pub. L. 101–508, title VI, §§ 6212, 6216(b), Nov. 5, 1990, 104 Stat. 1388–311, 1388–314; Pub. L. 102–587, title II, § 2205(b)(1)(A), (C), Nov. 4, 1992, 106 Stat. 5050.) Editorial Notes AMENDMENTS 1992—Subsecs. (b), (c)(1). Pub. L. 102–587 substituted ‘‘coastal state’s’’ for ‘‘coastal State’s’’ in subsec. (b) and ‘‘coastal state’’ for ‘‘coastal State’’ after ‘‘any’’ in subsec. (c)(1). 1990—Subsec. (a). Pub. L. 101–508, § 6216(b), substituted ‘‘through (K)’’ for ‘‘through (I)’’. Subsec. (b). Pub. L. 101–508, § 6212(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘For the purpose of making the evaluation of a coastal state’s performance, the Secretary shall con- duct public meetings and provide opportunity for oral and written comments by the public. Each such evalua- tion shall be prepared in report form and the Secretary shall make copies thereof available to the public.’’ Subsec. (c). Pub. L. 101–508, § 6212(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘The Secretary shall reduce any financial as- sistance extended to any coastal state under section 1455 of this title (but not below 70 per centum of the amount that would otherwise be available to the coast- al state under such section for any year), and withdraw any unexpended portion of such reduction, if the Sec- retary determines that the coastal state— ‘‘(1) is failing to make significant improvement in achieving the coastal management objectives speci- fied in section 1452(2)(A) through (I) of this title; or ‘‘(2) is failing to make satisfactory progress in pro- viding in its management program for the matters re- ferred to in section 1455(i)(A) and (B) of this title.’’ Subsec. (d). Pub. L. 101–508, § 6212(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘The Secretary shall withdraw approval of the management program of any coastal state, and shall withdraw any financial assistance available to that state under this chapter as well as any unexpended por- tion of such assistance, if the Secretary determines that the coastal state is failing to adhere to, is not jus- tified in deviating from (1) the management program approved by the Secretary, or (2) the terms of any grant or cooperative agreement funded under section 1455 of this title, and refuses to remedy the deviation.’’ Subsec. (f). Pub. L. 101–508, § 6212(d), struck out sub- sec. (f) which read as follows: ‘‘The Secretary shall carry out research on, and offer technical assistance of the coastal states with respect to, those activities, projects, and other relevant matters evaluated under this section that the Secretary considers to offer prom- ise toward improving coastal zone management.’’ 1986—Subsec. (c). Pub. L. 99–272 designated existing provisions relating to failure to achieve objectives specified in section 1452(2)(A) through (I) as par. (1), and added par. (2). 1980—Subsec. (a). Pub. L. 96–464 substituted provi- sions relating to continuing review of coastal states performance with respect to coastal management for provisions relating to continuing review of manage- ment programs of coastal states, the performance of such states with respect to coastal zone management, and coastal energy impact program. Subsec. (b). Pub. L. 96–464 substituted provisions re- lating to public meeting and comments for provisions relating to termination of financial assistance. Subsecs. (c) to (f). Pub. L. 96–464 added subsecs. (c) to (f). 1976—Subsec. (a). Pub. L. 94–370, § 10, designated exist- ing provisions as par. (1), substituted ‘‘such states with respect to coastal zone management; and’’ for ‘‘each state.’’, and added par. (2). Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 96–464, § 9(b), Oct. 17, 1980, 94 Stat. 2066, pro- vided that: ‘‘Within two hundred and seventy days after the date of the enactment of this Act [Oct. 17, 1980], the Secretary of Commerce shall issue such regulations as may be necessary or appropriate to administer section 312 of the Coastal Zone Management Act of 1972 (as amended by subsection (a) of this section) [this sec- tion].’’ § 1459. Records and audit (a) Maintenance of records by recipients of grants or financial assistance Each recipient of a grant under this chapter or of financial assistance under section 1456a of this title, as in effect before November 5, 1990, shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition of the funds received under the grant and of the proceeds of such as- sistance, the total cost of the project or under- taking supplied by other sources, and such other records as will facilitate an effective audit. (b) Access by Secretary and Comptroller General to records, books, etc., of recipients of grants or financial assistance for audit and exam- ination The Secretary and the Comptroller General of the United States, or any of their duly author- ized representatives, shall— (1) after any grant is made under this chap- ter or any financial assistance is provided under section 1456a of this title, as in effect before November 5, 1990; and (2) until the expiration of 3 years after— (A) completion of the project, program, or other undertaking for which such grant was made or used, or (B) repayment of the loan or guaranteed indebtedness for which such financial assist- ance was provided, have access for purposes of audit and examina- tion to any record, book, document, and paper which belongs to or is used or controlled by, any recipient of the grant funds or any person who entered into any transaction relating to such fi- nancial assistance and which is pertinent for