16 U.S.C. § 1456c — Technical assistance

Page 1894 TITLE 16—CONSERVATION § 1456c make funding awards based on those proposals, taking into account the criteria established by the Secretary under subsection (d). The Sec- retary shall ensure that funding decisions under this section take into consideration the fiscal and technical needs of proposing States and the overall merit of each proposal in terms of bene- fits to the public. (d) Promulgation of regulations by Secretary Within 12 months following November 5, 1990, and consistent with the notice and participation requirements established in section 1463 of this title, the Secretary shall promulgate regula- tions concerning coastal zone enhancement grants that establish— (1) specific and detailed criteria that must be addressed by a coastal state (including the State’s priority needs for improvement as identified by the Secretary after careful con- sultation with the State) as part of the State’s development and implementation of coastal zone enhancement objectives; (2) administrative or procedural rules or re- quirements as necessary to facilitate the de- velopment and implementation of such objec- tives by coastal states; and (3) other funding award criteria as are nec- essary or appropriate to ensure that evalua- tions of proposals, and decisions to award funding, under this section are based on objec- tive standards applied fairly and equitably to those proposals. (e) No State contribution required A State shall not be required to contribute any portion of the cost of any proposal for which funding is awarded under this section. (f) Funding Beginning in fiscal year 1991, not less than 10 percent and not more than 20 percent of the amounts appropriated to implement sections 1455 and 1455a of this title shall be retained by the Secretary for use in implementing this sec- tion, up to a maximum of $10,000,000 annually. (g) Eligibility; suspension of State for noncompli- ance If the Secretary finds that the State is not un- dertaking the actions committed to under the terms of the grant, the Secretary shall suspend the State’s eligibility for further funding under this section for at least one year. (Pub. L. 89–454, title III, § 309, as added Pub. L. 94–370, § 8, July 26, 1976, 90 Stat. 1028; amended Pub. L. 96–464, § 8, Oct. 17, 1980, 94 Stat. 2064; Pub. L. 101–508, title VI, § 6210, Nov. 5, 1990, 104 Stat. 1388–309; Pub. L. 102–587, title II, § 2205(b)(1)(B), Nov. 4, 1992, 106 Stat. 5050; Pub. L. 104–150, §§ 3, 7(2), June 3, 1996, 110 Stat. 1380, 1382.) Editorial Notes CODIFICATION November 5, 1990, referred to in subsec. (d), was in the original ‘‘the date of enactment of this section’’, and was translated as meaning the date of enactment of section 6210 of Pub. L. 101–508, which amended this sec- tion generally, to reflect the probable intent of Con- gress. AMENDMENTS 1996—Subsec. (a)(9). Pub. L. 104–150, § 7(2), added par. (9). Subsec. (b). Pub. L. 104–150, § 3, designated existing provisions as par. (1) and added par. (2). 1992—Subsec. (b). Pub. L. 102–587 substituted ‘‘coastal states’’ for ‘‘coastal States’’. 1990—Pub. L. 101–508 amended section generally, sub- stituting present provisions for provisions providing for interstate grants and agreements for developing and administering coordinated coastal zone planning and programs, setting priorities for unified coastal zone policies in contiguous areas of coastal states, providing for a Federal-State consultation procedure, authorizing temporary planning and coordinated activity, and es- tablishing eligibility of States to receive Federal as- sistance. 1980—Pub. L. 96–464 amended section generally and, among many changes, made a number of technical amendments, and inserted provision making it clear that only states which meet the basic eligibility re- quirements in this chapter can receive funding under this section. § 1456c. Technical assistance (a) The Secretary shall conduct a program of technical assistance and management-oriented research necessary to support the development and implementation of State coastal manage- ment program amendments under section 1456b of this title, and appropriate to the furtherance of international cooperative efforts and tech- nical assistance in coastal zone management. Each department, agency, and instrumentality of the executive branch of the Federal Govern- ment may assist the Secretary, on a reimburs- able basis or otherwise, in carrying out the pur- poses of this section, including the furnishing of information to the extent permitted by law, the transfer of personnel with their consent and without prejudice to their position and rating, and the performance of any research, study, and technical assistance which does not interfere with the performance of the primary duties of such department, agency, or instrumentality. The Secretary may enter into contracts or other arrangements with any qualified person for the purposes of carrying out this subsection. (b)(1) The Secretary shall provide for the co- ordination of technical assistance, studies, and research activities under this section with any other such activities that are conducted by or subject to the authority of the Secretary. (2) The Secretary shall make the results of re- search and studies conducted pursuant to this section available to coastal states in the form of technical assistance publications, workshops, or other means appropriate. (3) The Secretary shall consult with coastal states on a regular basis regarding the develop- ment and implementation of the program estab- lished by this section. (Pub. L. 89–454, title III, § 310, as added Pub. L. 101–508, title VI, § 6211, Nov. 5, 1990, 104 Stat. 1388–311.) Editorial Notes PRIOR PROVISIONS A prior section 1456c, Pub. L. 89–454, title III, § 310, as added Pub. L. 94–370, § 9, July 26, 1976, 90 Stat. 1029, re- lated to research and technical assistance for coastal zone management, prior to repeal by Pub. L. 99–272, title VI, § 6045(1), Apr. 7, 1986, 100 Stat. 127. 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-