16 U.S.C. § 1455 — Administrative grants

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- Page 1881 TITLE 16—CONSERVATION § 1455 1 So in original. Probably should be followed by a comma. ernment whose zoning authority is af- fected; (ii) within the 30-day period commencing on the date of receipt of that notice, the local government may submit to the man- agement agency written comments on the management program decision, and any recommendation for alternatives; and (iii) the management agency, if any com- ments are submitted to it within the 30- day period by any local government— (I) shall consider the comments; (II) may, in its discretion, hold a pub- lic hearing on the comments; and (III) may not take any action within the 30-day period to implement the man- agement program decision. (4) The State has held public hearings in the development of the management program. (5) The management program and any changes thereto have been reviewed and ap- proved by the Governor of the State. (6) The Governor of the State has designated a single State agency to receive and admin- ister grants for implementing the manage- ment program. (7) The State is organized to implement the management program. (8) The management program provides for adequate consideration of the national inter- est involved in planning for, and managing the coastal zone, including the siting of facilities such as energy facilities which are of greater than local significance. In the case of energy facilities, the Secretary shall find that the State has given consideration to any applica- ble national or interstate energy plan or pro- gram. (9) The management program includes proce- dures whereby specific areas may be des- ignated for the purpose of preserving or restor- ing them for their conservation, recreational, ecological, historical, or esthetic values. (10) The State, acting through its chosen agency or agencies (including local govern- ments, areawide agencies, regional agencies, or interstate agencies) has authority for the management of the coastal zone in accordance with the management program. Such author- ity shall include power— (A) to administer land use and water use regulations to control development 1 to en- sure compliance with the management pro- gram, and to resolve conflicts among com- peting uses; and (B) to acquire fee simple and less than fee simple interests in land, waters, and other property through condemnation or other means when necessary to achieve conform- ance with the management program. (11) The management program provides for any one or a combination of the following gen- eral techniques for control of land uses and water uses within the coastal zone: (A) State establishment of criteria and standards for local implementation, subject to administrative review and enforcement. (B) Direct State land and water use plan- ning and regulation. (C) State administrative review for con- sistency with the management program of all development plans, projects, or land and water use regulations, including exceptions and variances thereto, proposed by any State or local authority or private devel- oper, with power to approve or disapprove after public notice and an opportunity for hearings. (12) The management program contains a method of assuring that local land use and water use regulations within the coastal zone do not unreasonably restrict or exclude land uses and water uses of regional benefit. (13) The management program provides for— (A) the inventory and designation of areas that contain one or more coastal resources of national significance; and (B) specific and enforceable standards to protect such resources. (14) The management program provides for public participation in permitting processes, consistency determinations, and other similar decisions. (15) The management program provides a mechanism to ensure that all State agencies will adhere to the program. (16) The management program contains en- forceable policies and mechanisms to imple- ment the applicable requirements of the Coastal Nonpoint Pollution Control Program of the State required by section 1455b of this title. (e) Amendment or modification of State manage- ment program for coastal zone A coastal state may amend or modify a man- agement program which it has submitted and which has been approved by the Secretary under this section, subject to the following conditions: (1) The State shall promptly notify the Sec- retary of any proposed amendment, modifica- tion, or other program change and submit it for the Secretary’s approval. The Secretary may suspend all or part of any grant made under this section pending State submission of the proposed amendments, modification, or other program change. (2) Within 30 days after the date the Sec- retary receives any proposed amendment, the Secretary shall notify the State whether the Secretary approves or disapproves the amend- ment, or whether the Secretary finds it is nec- essary to extend the review of the proposed amendment for a period not to exceed 120 days after the date the Secretary received the pro- posed amendment. The Secretary may extend this period only as necessary to meet the re- quirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). If the Secretary does not notify the coastal state that the Secretary approves or disapproves the amendment within that period, then the amendment shall be conclusively presumed as approved. (3)(A) Except as provided in subparagraph (B), a coastal state may not implement any amendment, modification, or other change as part of its approved management program un- less the amendment, modification, or other Page 1882 TITLE 16—CONSERVATION § 1455 change is approved by the Secretary under this subsection. (B) The Secretary, after determining on a preliminary basis, that an amendment, modi- fication, or other change which has been sub- mitted for approval under this subsection is likely to meet the program approval standards in this section, may permit the State to ex- pend funds awarded under this section to begin implementing the proposed amendment, modi- fication, or change. This preliminary approval shall not extend for more than 6 months and may not be renewed. A proposed amendment, modification, or change which has been given preliminary approval and is not finally ap- proved under this paragraph shall not be con- sidered an enforceable policy for purposes of section 1456 of this title. (Pub. L. 89–454, title III, § 306, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1283; amended Pub. L. 93–612, § 1(2), Jan. 2, 1975, 88 Stat. 1974; Pub. L. 94–370, § 5, July 26, 1976, 90 Stat. 1017; Pub. L. 96–464, § 5(a), Oct. 17, 1980, 94 Stat. 2062; Pub. L. 99–272, title VI, § 6043(b)(1), (c), Apr. 7, 1986, 100 Stat. 124, 125; Pub. L. 101–508, title VI, § 6206(a), Nov. 5, 1990, 104 Stat. 1388–303; Pub. L. 102–587, title II, § 2205(b)(1)(A), (B), (8), Nov. 4, 1992, 106 Stat. 5050, 5051.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (e)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 1992—Subsecs. (a) to (d), (e)(2), (3)(A). Pub. L. 102–587 substituted ‘‘coastal state’’ and ‘‘coastal states’’ for ‘‘coastal State’’ and ‘‘coastal States’’, respectively, wherever appearing, and substituted period for semi- colon at end of subsec. (b). 1990—Pub. L. 101–508 amended section generally, sub- stituting present provisions for provisions which au- thorized grants for administering a state management program, provided for a ratio of Federal to State con- tributions, allocation of grants, program requirements, required authority for management of coastal zone, re- quired findings prior to approval of grants, allocation to other political subdivisions, program modification, segmental development, and inventory and designation of areas of national significance and standards for pro- tection of coastal resources. 1986—Subsec. (a). Pub. L. 99–272, § 6043(b)(1), amended introductory text generally, which prior to amendment read as follows: ‘‘The Secretary may make grants to any coastal state for not more than 80 per centum of the costs of administering such state’s management program if the Secretary—’’. Subsec. (g). Pub. L. 99–272, § 6043(c), inserted ‘‘, and subject to the following conditions:’’ in provisions pre- ceding par. (1), added pars. (1) to (3), and struck out provision that except with respect to any management program amendment which was made before Oct. 1, 1978, for the purpose of complying with the require- ments of section 1454(b)(7), (8) and (9) of this title, no grant was to be made under this section to any coastal state after the date of such amendment or modifica- tion, until the Secretary approved such amendment or modification. 1980—Subsec. (a). Pub. L. 96–464, § 5(a)(1), in opening text, substituted ‘‘The Secretary may make grants’’ for ‘‘The Secretary may make a grant annually’’, added par. (3), and provision following par. (3) which defined the costs of administering a management program. Subsec. (b). Pub. L. 96–464, § 5(2), struck out proviso that no annual grant made under this section shall be in excess of $2,000,000 for fiscal year 1975, in excess of $2,500,000 for fiscal year 1976, and in excess of $3,000,000 for fiscal year 1977. Subsec. (i). Pub. L. 96–464, § 5(a)(3), added subsec. (i). 1976—Subsec. (a). Pub. L. 94–370, § 5(1), raised the fed- eral share of grants to 80 per centum from 662⁄3 per cen- tum of the cost of administering a state’s management program, substituted requirement that Secretary ap- prove state’s management program in accordance with subsecs. (c), (d), and (e) and find that such programs meet requirements under section 1454(b) of this title for requirement that Secretary approve state’s manage- ment programs in accordance with subsec. (c), and struck out proviso that Federal funds from other sources shall not be used to pay the state’s share of costs. Subsec. (c)(2)(B). Pub. L. 94–370, § 5(2), inserted provi- sions that mechanism not be found to be effective by Secretary until management agency meets certain re- quirement such as notice to affected zoning authority, 30-day period for zoning authority to respond with rec- ommendations, and action to be taken by management agency where zoning authority does submit rec- ommendations. Subsec. (c)(8). Pub. L. 94–370, § 5(3), inserted ‘‘planning for, and’’ before ‘‘in the siting of’’ and reference to en- ergy facilities in, or which significantly affect, such state’s coastal zone and inserted proviso that in the case of energy facilities, the Secretary shall find that the state has given consideration to any applicable interstate energy plan or program. Subsec. (g). Pub. L. 94–370, § 5(4), inserted requirement that except for pre-Oct. 1, 1978 amendments of manage- ment programs, for purposes of complying with section 1454(b)(7), (8), and (9) of this title, no grant shall be made under this section to any coastal state after the date of an amendment until approved by Secretary. 1975—Subsec. (b). Pub. L. 93–612 substituted provisos establishing maximum amount of annual grant for fis- cal years 1975, 1976, and 1977, establishing a minimum of 1 per centum of the total appropriated amount, and providing for waiver of the 1 per centum minimum upon request of the coastal State, for proviso limiting an annual administrative grant to a maximum of 10 per centum and a minimum of 1 per centum of the total ap- propriated amount. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–464, § 5(b), Oct. 17, 1980, 94 Stat. 2062, pro- vided that: ‘‘The amendments made by subsection (a)(1) and (2) of this section [amending this section] apply with respect to grants made after September 30, 1980, under section 306 of the Coastal Zone Management Act of 1972 [this section] and, within two hundred and sev- enty days after such date, the Secretary of Commerce shall issue regulations relating to the administration of subsection (a) of such section 306 (as so amended by such subsection (a)(1).’’ ADDITIONAL PROGRAM REQUIREMENTS Pub. L. 101–508, title VI, § 6206(b), Nov. 5, 1990, 104 Stat. 1388–306, provided that: ‘‘Each State which sub- mits a management program for approval under section 306 of the Coastal Zone Management Act of 1972 [16 U.S.C. 1455], as amended by this subtitle (including a State which submitted a program before the date of en- actment of this Act [Nov. 5, 1990]), shall demonstrate to the Secretary— ‘‘(1) that the program complies with section 306(d)(14) and (15) of that Act, by not later than 3 years after the date of the enactment of this Act; and ‘‘(2) that the program complies with section 306(d)(16) of that Act, by not later than 30 months 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;