16 U.S.C. § 1462 — Coastal zone management reports

Page 1899 TITLE 16—CONSERVATION § 1462 (2) any expansion of existing national estua- rine reserves; (3) the status of the research program being conducted within the System; and (4) a summary of the evaluations made under subsection (f). (Pub. L. 89–454, title III, § 315, formerly § 312, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1288; renumbered § 315 and amended Pub. L. 94–370, §§ 7, 12, July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 96–464, § 11, Oct. 17, 1980, 94 Stat. 2067; Pub. L. 99–272, title VI, § 6044, Apr. 7, 1986, 100 Stat. 125; Pub. L. 101–508, title VI, § 6214, Nov. 5, 1990, 104 Stat. 1388–313; Pub. L. 102–587, title II, § 2205(b)(1)(A), (B), (21), (22), Nov. 4, 1992, 106 Stat. 5050, 5052; Pub. L. 104–150, § 6, June 3, 1996, 110 Stat. 1381.) Editorial Notes AMENDMENTS 1996—Subsec. (e)(3)(C). Pub. L. 104–150 added subpar. (C). 1992—Subsec. (a). Pub. L. 102–587, § 2205(b)(21), sub- stituted ‘‘Research Reserve’’ for ‘‘Reserve Research’’. Subsec. (b). Pub. L. 102–587, § 2205(b)(1)(A), substituted ‘‘coastal state’’ for ‘‘coastal State’’ in pars. (1) and (2)(B) and (D). Subsec. (c)(4). Pub. L. 102–587, § 2205(b)(22), substituted ‘‘paragraph (1)’’ for ‘‘subsection (1)’’. Subsec. (e). Pub. L. 102–587, § 2205(b)(1)(A), (B), sub- stituted ‘‘coastal state’’ for ‘‘coastal State’’ in par. (1)(A) and (B) and ‘‘coastal states’’ for ‘‘coastal States’’ in par. (2). 1990—Pub. L. 101–508, § 6214(a), substituted ‘‘Research Reserve’’ for ‘‘Reserve Research’’ in section catchline. Subsec. (e)(3)(A). Pub. L. 101–508, § 6214(b), (d), sub- stituted ‘‘percent’’ for ‘‘per centum’’ and ‘‘$5,000,000’’ for ‘‘$4,000,000’’, and struck out ‘‘of subsection (e) of this section’’ after ‘‘paragraph (1)(A)(i)’’. Subsec. (e)(3)(B). Pub. L. 101–508, § 6214(c), (d), sub- stituted ‘‘70 percent’’ for ‘‘50 per centum’’, struck out ‘‘of subsection (e) of this section’’ after ‘‘paragraph (1)(B)’’ and inserted before period at end ‘‘; except that the amount of the financial assistance provided under paragraph (1)(A)(iii) may be up to 100 percent of any costs for activities that benefit the entire System’’. 1986—Pub. L. 99–272 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary may, in accordance with this section and in accordance with such rules and regulations as the Secretary shall promulgate, make grants to any coastal state for the purpose of— ‘‘(1) acquiring, developing, or operating estuarine sanctuaries, to serve as natural field laboratories in which to study and gather data on the natural and human processes occurring within the estuaries of the coastal zone; and ‘‘(2) acquiring lands to provide for the preservation of islands, or portions thereof. The amount of any such grant shall not exceed 50 per centum of the cost of the project involved; except that, in the case of acquisition of any estuarine sanctuary, the Federal share of the cost thereof shall not exceed $3,000,000. No grant for acquisition of land may be made under this section without the approval of the Gov- ernor of the State in which is located the land proposed to be acquired.’’ 1980—Pub. L. 96–464, in par. (2), substituted ‘‘the pres- ervation of islands, or portions thereof’’ for ‘‘access to public beaches and other public coastal areas of envi- ronmental, recreational, historical, esthetic, ecologi- cal, or cultural value, and for the preservation of is- lands’’; and in provision following par. (2), raised the spending limitation of $2,000,000 to $3,000,000 and in- serted provision that no grant for acquisition of land may be made under this section without the approval of the Governor of the state in which the land proposed to be acquired is located. 1976—Pub. L. 94–370, § 12, restructured existing provi- sions into pars. (1) and (2), inserted purpose of acquir- ing lands to provide for access to beaches and other coastal areas and for the preservation of islands, and struck out proviso that no Federal funds received pur- suant to sections 1454 or 1455 of this title be used for purposes of this section. § 1462. Coastal zone management reports (a) Biennial reports The Secretary shall consult with the Congress on a regular basis concerning the administra- tion of this chapter and shall prepare and sub- mit to the President for transmittal to the Con- gress a report summarizing the administration of this chapter during each period of two con- secutive fiscal years. Each report, which shall be transmitted to the Congress not later than April 1 of the year following the close of the biennial period to which it pertains, shall include, but not be restricted to (1) an identification of the state programs approved pursuant to this chap- ter during the preceding Federal fiscal year and a description of those programs; (2) a listing of the states participating in the provisions of this chapter and a description of the status of each state’s programs and its accomplishments dur- ing the preceding Federal fiscal year; (3) an itemization of the allocation of funds to the var- ious coastal states and a breakdown of the major projects and areas on which these funds were expended; (4) an identification of any state programs which have been reviewed and dis- approved, and a statement of the reasons for such actions; (5) a summary of evaluation find- ings prepared in accordance with subsection (a) of section 1458 of this title, and a description of any sanctions imposed under subsections (c) and (d) of section 1458 of this title; (6) a listing of all activities and projects which, pursuant to the provisions of subsection (c) or subsection (d) of section 1456 of this title, are not consistent with an applicable approved state management pro- gram; (7) a summary of the regulations issued by the Secretary or in effect during the pre- ceding Federal fiscal year; (8) a summary of a coordinated national strategy and program for the Nation’s coastal zone including identifica- tion and discussion of Federal, regional, state, and local responsibilities and functions therein; (9) a summary of outstanding problems arising in the administration of this chapter in order of priority; (10) a description of the economic, envi- ronmental, and social consequences of energy activity affecting the coastal zone and an eval- uation of the effectiveness of financial assist- ance under section 1456a of this title in dealing with such consequences; (11) a description and evaluation of applicable interstate and regional planning and coordination mechanisms devel- oped by the coastal states; (12) a summary and evaluation of the research, studies, and training conducted in support of coastal zone manage- ment; and (13) such other information as may be appropriate. (b) Recommendations for legislation The report required by subsection (a) shall contain such recommendations for additional legislation as the Secretary deems necessary to 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;