16 U.S.C. § 1454 — Submittal of State program for approval

Page 1879 TITLE 16—CONSERVATION § 1454 on its continental shelf will result in greater access to data collected during such research and will increase maritime domain awareness, thereby reducing poten- tial exposure to security, economic, and environmental risks. NOW, THEREFORE, I, DONALD J. TRUMP, Presi- dent of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim the fol- lowing: SECTION 1. Policy. The United States will exercise its right to regulate, authorize, and conduct marine sci- entific research, with a specific requirement to author- ize, in advance, all instances of foreign marine sci- entific research, in the United States EEZ and on its continental shelf to the extent permitted under inter- national law. SEC. 2. Implementation. The Secretary of State (Sec- retary) shall have lead responsibility for implementing this proclamation, in consultation with relevant execu- tive departments and agencies (agencies) and with the Ocean Policy Committee established in Executive Order 13840 (Ocean Policy Committee). SEC. 3. Intelligence. The Intelligence Community of the Federal Government shall support the implementa- tion of this proclamation, as appropriate. SEC. 4. Information Sharing. To facilitate the process for reviewing applications for marine scientific re- search, agencies not part of the Intelligence Commu- nity shall share information related to marine sci- entific research with the Department of State, to the maximum extent authorized by law. SEC. 5. Termination. This proclamation shall remain in effect until terminated by the President. At any time, but not less frequently than every 2 years from the date of this proclamation [Sept. 9, 2020], the Sec- retary may recommend that the President modify or terminate this proclamation. Any such recommenda- tion by the Secretary shall be coordinated with the Na- tional Security Council staff and the Ocean Policy Committee. SEC. 6. General Provisions. (a) Nothing in this procla- mation shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This proclamation shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This proclamation is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of September, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fifth. DONALD J. TRUMP. § 1454. Submittal of State program for approval Any coastal state which has completed the de- velopment of its management program shall submit such program to the Secretary for re- view and approval pursuant to section 1455 of this title. (Pub. L. 89–454, title III, § 305, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1282; amended Pub. L. 93–612, § 1(1), Jan. 2, 1975, 88 Stat. 1974; Pub. L. 94–370, § 4, July 26, 1976, 90 Stat. 1015; Pub. L. 101–508, title VI, § 6205, Nov. 5, 1990, 104 Stat. 1388–302; Pub. L. 102–587, title II, § 2205(b)(1)(A), Nov. 4, 1992, 106 Stat. 5050; Pub. L. 104–150, § 2(a), (b)(1), June 3, 1996, 110 Stat. 1380.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–150, § 2(b)(1), substituted ‘‘Submittal of State program for approval’’ for ‘‘Management pro- gram development grants’’ in section catchline, struck out ‘‘(b)’’ before ‘‘Any coastal state’’, and struck out subsec. (a) which read as follows: ‘‘In fiscal years 1997, 1998, and 1999, the Secretary may make a grant annu- ally to any coastal state without an approved program if the coastal state demonstrates to the satisfaction of the Secretary that the grant will be used to develop a management program consistent with the requirements set forth in section 1455 of this title. The amount of any such grant shall not exceed $200,000 in any fiscal year, and shall require State matching funds according to a 4-to-1 ratio of Federal-to-State contributions. After an initial grant is made to a coastal state pursuant to this subsection, no subsequent grant shall be made to that coastal state pursuant to this subsection unless the Secretary finds that the coastal state is satisfactorily developing its management program. No coastal state is eligible to receive more than four grants pursuant to this subsection.’’ Subsec. (a). Pub. L. 104–150, § 2(a), substituted ‘‘1997, 1998, and 1999’’ for ‘‘1991, 1992, and 1993’’ and ‘‘four grants’’ for ‘‘two grants’’. 1992—Pub. L. 102–587 substituted ‘‘coastal state’’ for ‘‘coastal State’’ in last sentence of subsec. (a) and in subsec. (b). 1990—Pub. L. 101–508 amended section generally, sub- stituting present provisions for provisions which au- thorized management program development grants, es- tablished program requirements, set limits on grants, provided for grants for completion of development and implementation of management programs, provided for allocation of grants, reversion of unobligated grants, and grants to other political subdivisions, required sub- mission of program for review and approval, and set forth an expiration date of grant authority. 1976—Subsec. (a). Pub. L. 94–370 incorporated existing provisions into par. (1), limiting applicability of such provisions to subsec. (c), and added par. (2). Subsec. (b). Pub. L. 94–370 added pars. (7) to (9) and ef- fective date provisions of such paragraphs after par. (9). Subsec. (c). Pub. L. 94–370 substituted provision that grant should not exceed 80 per centum of a coastal state’s costs for purposes described in subsection (a)(1) of this section for provision that grant should not ex- ceed 662⁄3 per centum of the costs of the program in any one year, expanded to four the number of grants a state is eligible to receive pursuant to this subsection, and struck out provision that Federal funds received from other sources shall not be used to match such grants. Subsec. (d). Pub. L. 94–370 substituted provisions au- thorizing Secretary to make grants annually to any coastal state for purposes described in subsection (a)(2) and setting forth eligibility prerequisites for initial im- plementation grants for provisions, which were incor- porated into subsec. (h), authorizing Secretary to re- view and approve the state’s submitted management program which on final approval terminates state’s eli- gibility under this section, but commences state’s eli- gibility under section 1455 of this title. Subsec. (e). Pub. L. 94–370 restructured existing provi- sions into pars. (1) and (2), and as so restructured, sub- stituted in provisions preceding par. (1) reference to shall be made to, and allocated among, the coastal states for reference to shall be allocated to the states, and in par. (1) inserted proviso relating to the waiver at the option of the Secretary of the 10 per centum max- imum requirement. Subsec. (f). Pub. L. 94–370 substituted ‘‘The amount of any grant’’ for ‘‘Grant’’ and ‘‘the coastal state’’ for ‘‘a state’’. Subsec. (g). Pub. L. 94–370 substituted ‘‘any coastal state’’ for ‘‘the state’’ and inserted ‘‘received by it’’ be- fore ‘‘under this section’’. Page 1880 TITLE 16—CONSERVATION § 1455 Subsecs. (h), (i). Pub. L. 94–370 added subsec. (h) which incorporated provisions of former subsec. (d), re- designated former subsec. (h) as (i), and substituted ‘‘September 30, 1979’’ for ‘‘June 30, 1977’’. 1975—Subsec. (e). Pub. L. 93–612 inserted proviso re- lating to the waiver by the Secretary of the 1 per cen- tum minimum requirement upon request by the coastal state. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–150, § 2(b)(3), June 3, 1996, 110 Stat. 1380, provided that: ‘‘This subsection [amending this section and section 1456a of this title] shall take effect on Octo- ber 1, 1999.’’ § 1455. Administrative grants (a) Authorization; matching funds The Secretary may make grants to any coast- al state for the purpose of administering that State’s management program, if the State matches any such grant according to the fol- lowing ratios of Federal-to-State contributions for the applicable fiscal year: (1) For those States for which programs were approved prior to November 5, 1990, 1 to 1 for any fiscal year. (2) For programs approved after November 5, 1990, 4 to 1 for the first fiscal year, 2.3 to 1 for the second fiscal year, 1.5 to 1 for the third fis- cal year, and 1 to 1 for each fiscal year there- after. (b) Grants to coastal states; requirements The Secretary may make a grant to a coastal state under subsection (a) only if the Secretary finds that the management program of the coastal state meets all applicable requirements of this chapter and has been approved in accord- ance with subsection (d). (c) Allocation of grants to coastal states Grants under this section shall be allocated to coastal states with approved programs based on rules and regulations promulgated by the Sec- retary which shall take into account the extent and nature of the shoreline and area covered by the program, population of the area, and other relevant factors. The Secretary shall establish, after consulting with the coastal states, max- imum and minimum grants for any fiscal year to promote equity between coastal states and ef- fective coastal management. (d) Mandatory adoption of State management program for coastal zone Before approving a management program sub- mitted by a coastal state, the Secretary shall find the following: (1) The State has developed and adopted a management program for its coastal zone in accordance with rules and regulations promul- gated by the Secretary, after notice, and with the opportunity of full participation by rel- evant Federal agencies, State agencies, local governments, regional organizations, port au- thorities, and other interested parties and in- dividuals, public and private, which is ade- quate to carry out the purposes of this chapter and is consistent with the policy declared in section 1452 of this title. (2) The management program includes each of the following required program elements: (A) An identification of the boundaries of the coastal zone subject to the management program. (B) A definition of what shall constitute permissible land uses and water uses within the coastal zone which have a direct and sig- nificant impact on the coastal waters. (C) An inventory and designation of areas of particular concern within the coastal zone. (D) An identification of the means by which the State proposes to exert control over the land uses and water uses referred to in subparagraph (B), including a list of rel- evant State constitutional provisions, laws, regulations, and judicial decisions. (E) Broad guidelines on priorities of uses in particular areas, including specifically those uses of lowest priority. (F) A description of the organizational structure proposed to implement such man- agement program, including the responsibil- ities and interrelationships of local, areawide, State, regional, and interstate agencies in the management process. (G) A definition of the term ‘‘beach’’ and a planning process for the protection of, and access to, public beaches and other public coastal areas of environmental, recreational, historical, esthetic, ecological, or cultural value. (H) A planning process for energy facilities likely to be located in, or which may signifi- cantly affect, the coastal zone, including a process for anticipating the management of the impacts resulting from such facilities. (I) A planning process for assessing the ef- fects of, and studying and evaluating ways to control, or lessen the impact of, shoreline erosion, and to restore areas adversely af- fected by such erosion. (3) The State has— (A) coordinated its program with local, areawide, and interstate plans applicable to areas within the coastal zone— (i) existing on January 1 of the year in which the State’s management program is submitted to the Secretary; and (ii) which have been developed by a local government, an areawide agency, a re- gional agency, or an interstate agency; and (B) established an effective mechanism for continuing consultation and coordination between the management agency designated pursuant to paragraph (6) and with local governments, interstate agencies, regional agencies, and areawide agencies within the coastal zone to assure the full participation of those local governments and agencies in carrying out the purposes of this chapter; except that the Secretary shall not find any mechanism to be effective for purposes of this subparagraph unless it requires that— (i) the management agency, before im- plementing any management program de- cision which would conflict with any local zoning ordinance, decision, or other ac- tion, shall send a notice of the manage- ment program decision to any local gov-