16 U.S.C. § 1455a — Coastal resource improvement program

Page 1883 TITLE 16—CONSERVATION § 1455a after the date of publication of final guidance under section 6217(g) of this Act [16 U.S.C. 1455b(g)].’’ § 1455a. Coastal resource improvement program (a) Definitions For purposes of this section— (1) The term ‘‘eligible coastal state’’ means a coastal state that for any fiscal year for which a grant is applied for under this sec- tion— (A) has a management program approved under section 1455 of this title; and (B) in the judgment of the Secretary, is making satisfactory progress in activities designed to result in significant improve- ment in achieving the coastal management objectives specified in section 1452(2)(A) through (K) of this title. (2) The term ‘‘urban waterfront and port’’ means any developed area that is densely pop- ulated and is being used for, or has been used for, urban residential recreational, commer- cial, shipping or industrial purposes. (b) Resource management improvement grants The Secretary may make grants to any eligi- ble coastal state to assist that state in meeting one or more of the following objectives: (1) The preservation or restoration of spe- cific areas of the state that (A) are designated under the management program procedures re- quired by section 1455(d)(9) of this title be- cause of their conservation recreational, eco- logical, or esthetic values, or (B) contain one or more coastal resources of national signifi- cance, or for the purpose of restoring and en- hancing shellfish production by the purchase and distribution of clutch material on publicly owned reef tracts. (2) The redevelopment of deteriorating and underutilized urban waterfronts and ports that are designated in the state’s management pro- gram pursuant to section 1455(d)(2)(C) of this title as areas of particular concern. (3) The provision of access to public beaches and other public coastal areas and to coastal waters in accordance with the planning proc- ess required under section 1455(d)(2)(G) of this title. (4) The development of a coordinated process among State agencies to regulate and issue permits for aquaculture facilities in the coast- al zone. (c) Uses, terms and conditions of grants (1) Each grant made by the Secretary under this section shall be subject to such terms and conditions as may be appropriate to ensure that the grant is used for purposes consistent with this section. (2) Grants made under this section may be used for— (A) the acquisition of fee simple and other interests in land; (B) low-cost construction projects deter- mined by the Secretary to be consistent with the purposes of this section, including but not limited to, paths, walkways, fences, parks, and the rehabilitation of historic buildings and structures; except that not more than 50 per centum of any grant made under this section may be used for such construction projects; (C) in the case of grants made for objectives described in subsection (b)(2)— (i) the rehabilitation or acquisition of piers to provide increased public use, includ- ing compatible commercial activity, (ii) the establishment of shoreline sta- bilization measures including the installa- tion or rehabilitation of bulkheads for the purpose of public safety or increasing public access and use, and (iii) the removal or replacement of pilings where such action will provide increased rec- reational use of urban waterfront areas, but activities provided for under this para- graph shall not be treated as construction projects subject to the limitations in para- graph (B); (D) engineering designs, specifications, and other appropriate reports; and (E) educational, interpretive, and manage- ment costs and such other related costs as the Secretary determines to be consistent with the purposes of this section. (d) State matching contributions; ratio; max- imum amount of grants (1) The Secretary may make grants to any coastal state for the purpose of carrying out the project or purpose for which such grants are awarded, if the state matches any such grant ac- cording to the following ratios of Federal to state contributions for the applicable fiscal year: 4 to 1 for fiscal year 1986; 2.3 to 1 for fiscal year 1987; 1.5 to 1 for fiscal year 1988; and 1 to 1 for each fiscal year after fiscal year 1988. (2) Grants provided under this section may be used to pay a coastal state’s share of costs re- quired under any other Federal program that is consistent with the purposes of this section. (3) The total amount of grants made under this section to any eligible coastal state for any fiscal year may not exceed an amount equal to 10 per centum of the total amount appropriated to carry out this section for such fiscal year. (e) Allocation of grants to local governments and other agencies With the approval of the Secretary, an eligible coastal state may allocate to a local govern- ment, an areawide agency designated under sec- tion 3334 of title 42, a regional agency, or an interstate agency, a portion of any grant made under this section for the purpose of carrying out this section; except that such an allocation shall not relieve that state of the responsibility for ensuring that any funds so allocated are ap- plied in furtherance of the state’s approved man- agement program. (f) Other technical and financial assistance In addition to providing grants under this sec- tion, the Secretary shall assist eligible coastal states and their local governments in identi- fying and obtaining other sources of available Federal technical and financial assistance re- garding the objectives of this section. (Pub. L. 89–454, title II, § 306A, as added Pub. L. 96–464, § 6, Oct. 17, 1980, 94 Stat. 2062; amended Pub. L. 99–272, title VI, § 6043(b)(2), Apr. 7, 1986, 100 Stat. 124; Pub. L. 101–508, title VI, §§ 6207, 6216(a), Nov. 5, 1990, 104 Stat. 1388–307, 1388–314; Page 1884 TITLE 16—CONSERVATION § 1455b Pub. L. 102–587, title II, § 2205(b)(9)–(12), Nov. 4, 1992, 106 Stat. 5051; Pub. L. 104–150, § 7(1), June 3, 1996, 110 Stat. 1381.) Editorial Notes AMENDMENTS 1996—Subsec. (b)(4). Pub. L. 104–150 added par. (4). 1992—Subsec. (a)(1)(B). Pub. L. 102–587, § 2205(b)(10), substituted ‘‘through (K)’’ for ‘‘through (I)’’. Subsec. (b)(1). Pub. L. 102–587, § 2205(b)(9), made tech- nical amendment to directory language of Pub. L. 101–508, § 6216(a). See 1990 Amendment note below. Subsec. (b)(2). Pub. L. 102–587, § 2205(b)(11)(A), sub- stituted ‘‘that are designated in the state’s manage- ment program pursuant to section 1455(d)(2)(C) of this title as areas of particular concern’’ for ‘‘that are des- ignated under section 1454(b)(3) of this title in the state’s management program as areas of particular concern’’. Subsec. (b)(3). Pub. L. 102–587, § 2205(b)(11)(B), sub- stituted ‘‘access to’’ for ‘‘access of’’ and ‘‘1455(d)(2)(G)’’ for ‘‘1454(b)(7)’’. Subsec. (c)(2)(C). Pub. L. 102–587, § 2205(b)(12), in clos- ing provisions, substituted ‘‘shall not be’’ for ‘‘shall not by’’. 1990—Subsec. (b)(1). Pub. L. 101–508, § 6216(a), as amended by Pub. L. 102–587, § 2205(b)(9), substituted ‘‘1455(d)(9)’’ for ‘‘1455(c)(9)’’. Pub. L. 101–508, § 6207, inserted before period at end ‘‘, or for the purpose of restoring and enhancing shell- fish production by the purchase and distribution of clutch material on publicly owned reef tracts’’. 1986—Subsec. (d)(1). Pub. L. 99–272 amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘No grant made under this section may exceed an amount equal to 80 per centum of the cost of carrying out the purpose or project for which it was awarded.’’ § 1455b. Protecting coastal waters (a) In general (1) Program development Not later than 30 months after the date of the publication of final guidance under sub- section (g), each State for which a manage- ment program has been approved pursuant to section 306 of the Coastal Zone Management Act of 1972 [16 U.S.C. 1455] shall prepare and submit to the Secretary and the Adminis- trator a Coastal Nonpoint Pollution Control Program for approval pursuant to this section. The purpose of the program shall be to develop and implement management measures for nonpoint source pollution to restore and pro- tect coastal waters, working in close conjunc- tion with other State and local authorities. (2) Program coordination A State program under this section shall be coordinated closely with State and local water quality plans and programs developed pursu- ant to sections 1288, 1313, 1329, and 1330 of title 33 and with State plans developed pursuant to the Coastal Zone Management Act of 1972, as amended by this Act [16 U.S.C. 1451 et seq.]. The program shall serve as an update and ex- pansion of the State nonpoint source manage- ment program developed under section 1329 of title 33, as the program under that section re- lates to land and water uses affecting coastal waters. (b) Program contents Each State program under this section shall provide for the implementation, at a minimum, of management measures in conformity with the guidance published under subsection (g), to pro- tect coastal waters generally, and shall also contain the following: (1) Identifying land uses The identification of, and a continuing proc- ess for identifying, land uses which, individ- ually or cumulatively, may cause or con- tribute significantly to a degradation of— (A) those coastal waters where there is a failure to attain or maintain applicable water quality standards or protect des- ignated uses, as determined by the State pursuant to its water quality planning proc- esses; or (B) those coastal waters that are threat- ened by reasonably foreseeable increases in pollution loadings from new or expanding sources. (2) Identifying critical coastal areas The identification of, and a continuing proc- ess for identifying, critical coastal areas adja- cent to coastal waters referred to in paragraph (1)(A) and (B), within which any new land uses or substantial expansion of existing land uses shall be subject to management measures in addition to those provided for in subsection (g). (3) Management measures The implementation and continuing revision from time to time of additional management measures applicable to the land uses and areas identified pursuant to paragraphs (1) and (2) that are necessary to achieve and maintain applicable water quality standards under sec- tion 1313 of title 33 and protect designated uses. (4) Technical assistance The provision of technical and other assist- ance to local governments and the public for implementing the measures referred to in paragraph (3), which may include assistance in developing ordinances and regulations, tech- nical guidance, and modeling to predict and assess the effectiveness of such measures, training, financial incentives, demonstration projects, and other innovations to protect coastal water quality and designated uses. (5) Public participation Opportunities for public participation in all aspects of the program, including the use of public notices and opportunities for comment, nomination procedures, public hearings, tech- nical and financial assistance, public edu- cation, and other means. (6) Administrative coordination The establishment of mechanisms to im- prove coordination among State agencies and between State and local officials responsible for land use programs and permitting, water quality permitting and enforcement, habitat protection, and public health and safety, through the use of joint project review, memo- randa of agreement, or other mechanisms. (7) State coastal zone boundary modification A proposal to modify the boundaries of the State coastal zone as the coastal management