16 U.S.C. § 1459 — Records and audit

Page 1896 TITLE 16—CONSERVATION § 1459 retary determines that the coastal state has failed to take the actions referred to in sub- section (c)(2)(A). (e) Notice and hearing Management program approval and financial assistance may not be withdrawn under sub- section (d), unless the Secretary gives the coast- al state notice of the proposed withdrawal and an opportunity for a public hearing on the pro- posed action. Upon the withdrawal of manage- ment program approval under this subsection (d), the Secretary shall provide the coastal state with written specifications of the actions that should be taken, or not engaged in, by the state in order that such withdrawal may be canceled by the Secretary. (Pub. L. 89–454, title III, § 312, formerly § 309, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1287, renumbered § 312 and amended Pub. L. 94–370, §§ 7, 10, July 26, 1976, 90 Stat. 1019, 1029; Pub. L. 96–464, § 9(a), Oct. 17, 1980, 94 Stat. 2065; Pub. L. 99–272, title VI, § 6043(a), Apr. 7, 1986, 100 Stat. 124; Pub. L. 101–508, title VI, §§ 6212, 6216(b), Nov. 5, 1990, 104 Stat. 1388–311, 1388–314; Pub. L. 102–587, title II, § 2205(b)(1)(A), (C), Nov. 4, 1992, 106 Stat. 5050.) Editorial Notes AMENDMENTS 1992—Subsecs. (b), (c)(1). Pub. L. 102–587 substituted ‘‘coastal state’s’’ for ‘‘coastal State’s’’ in subsec. (b) and ‘‘coastal state’’ for ‘‘coastal State’’ after ‘‘any’’ in subsec. (c)(1). 1990—Subsec. (a). Pub. L. 101–508, § 6216(b), substituted ‘‘through (K)’’ for ‘‘through (I)’’. Subsec. (b). Pub. L. 101–508, § 6212(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘For the purpose of making the evaluation of a coastal state’s performance, the Secretary shall con- duct public meetings and provide opportunity for oral and written comments by the public. Each such evalua- tion shall be prepared in report form and the Secretary shall make copies thereof available to the public.’’ Subsec. (c). Pub. L. 101–508, § 6212(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘The Secretary shall reduce any financial as- sistance extended to any coastal state under section 1455 of this title (but not below 70 per centum of the amount that would otherwise be available to the coast- al state under such section for any year), and withdraw any unexpended portion of such reduction, if the Sec- retary determines that the coastal state— ‘‘(1) is failing to make significant improvement in achieving the coastal management objectives speci- fied in section 1452(2)(A) through (I) of this title; or ‘‘(2) is failing to make satisfactory progress in pro- viding in its management program for the matters re- ferred to in section 1455(i)(A) and (B) of this title.’’ Subsec. (d). Pub. L. 101–508, § 6212(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘The Secretary shall withdraw approval of the management program of any coastal state, and shall withdraw any financial assistance available to that state under this chapter as well as any unexpended por- tion of such assistance, if the Secretary determines that the coastal state is failing to adhere to, is not jus- tified in deviating from (1) the management program approved by the Secretary, or (2) the terms of any grant or cooperative agreement funded under section 1455 of this title, and refuses to remedy the deviation.’’ Subsec. (f). Pub. L. 101–508, § 6212(d), struck out sub- sec. (f) which read as follows: ‘‘The Secretary shall carry out research on, and offer technical assistance of the coastal states with respect to, those activities, projects, and other relevant matters evaluated under this section that the Secretary considers to offer prom- ise toward improving coastal zone management.’’ 1986—Subsec. (c). Pub. L. 99–272 designated existing provisions relating to failure to achieve objectives specified in section 1452(2)(A) through (I) as par. (1), and added par. (2). 1980—Subsec. (a). Pub. L. 96–464 substituted provi- sions relating to continuing review of coastal states performance with respect to coastal management for provisions relating to continuing review of manage- ment programs of coastal states, the performance of such states with respect to coastal zone management, and coastal energy impact program. Subsec. (b). Pub. L. 96–464 substituted provisions re- lating to public meeting and comments for provisions relating to termination of financial assistance. Subsecs. (c) to (f). Pub. L. 96–464 added subsecs. (c) to (f). 1976—Subsec. (a). Pub. L. 94–370, § 10, designated exist- ing provisions as par. (1), substituted ‘‘such states with respect to coastal zone management; and’’ for ‘‘each state.’’, and added par. (2). Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 96–464, § 9(b), Oct. 17, 1980, 94 Stat. 2066, pro- vided that: ‘‘Within two hundred and seventy days after the date of the enactment of this Act [Oct. 17, 1980], the Secretary of Commerce shall issue such regulations as may be necessary or appropriate to administer section 312 of the Coastal Zone Management Act of 1972 (as amended by subsection (a) of this section) [this sec- tion].’’ § 1459. Records and audit (a) Maintenance of records by recipients of grants or financial assistance Each recipient of a grant under this chapter or of financial assistance under section 1456a of this title, as in effect before November 5, 1990, shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition of the funds received under the grant and of the proceeds of such as- sistance, the total cost of the project or under- taking supplied by other sources, and such other records as will facilitate an effective audit. (b) Access by Secretary and Comptroller General to records, books, etc., of recipients of grants or financial assistance for audit and exam- ination The Secretary and the Comptroller General of the United States, or any of their duly author- ized representatives, shall— (1) after any grant is made under this chap- ter or any financial assistance is provided under section 1456a of this title, as in effect before November 5, 1990; and (2) until the expiration of 3 years after— (A) completion of the project, program, or other undertaking for which such grant was made or used, or (B) repayment of the loan or guaranteed indebtedness for which such financial assist- ance was provided, have access for purposes of audit and examina- tion to any record, book, document, and paper which belongs to or is used or controlled by, any recipient of the grant funds or any person who entered into any transaction relating to such fi- nancial assistance and which is pertinent for Page 1897 TITLE 16—CONSERVATION § 1461 purposes of determining if the grant funds or the proceeds of such financial assistance are being, or were, used in accordance with the provisions of this chapter. (Pub. L. 89–454, title III, § 313, formerly § 310, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1287; renumbered § 313 and amended Pub. L. 94–370, §§ 7, 11, July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 102–587, title II, § 2205(b)(19), Nov. 4, 1992, 106 Stat. 5052.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–587, § 2205(b)(19)(A), sub- stituted ‘‘section 1456a of this title, as in effect before November 5, 1990,’’ for ‘‘section 1456a of this title’’. Subsec. (b)(1). Pub. L. 102–587, § 2205(b)(19)(B), sub- stituted ‘‘section 1456a of this title, as in effect before November 5, 1990; and’’ for ‘‘section 1456a(d) of this title; and’’. 1976—Subsec. (a). Pub. L. 94–370, § 11(2), inserted ‘‘or of financial assistance under section 1456a of this title’’ after ‘‘grant under this chapter’’ and ‘‘and of the pro- ceeds of such assistance’’ after ‘‘received under the grant’’. Subsec. (b). Pub. L. 94–370, § 11(3), inserted provisions limiting duration of authority to 3 years after comple- tion of project or repayment of loan and enlarged scope of access to include persons who entered into trans- actions relating to the grant of funds. § 1460. Walter B. Jones excellence in coastal zone management awards (a) Establishment The Secretary shall, using sums in the Coastal Zone Management Fund established under sec- tion 1456a of this title and other amounts avail- able to carry out this chapter (other than amounts appropriated to carry out sections 1454, 1455, 1455a, 1456b, 1456c, and 1461 of this title), implement a program to promote excellence in coastal zone management by identifying and ac- knowledging outstanding accomplishments in the field. (b) Annual selection of recipients The Secretary shall elect annually— (1) one individual, other than an employee or officer of the Federal Government, whose con- tribution to the field of coastal zone manage- ment has been the most significant; (2) 5 local governments which have made the most progress in developing and implementing the coastal zone management principles em- bodied in this chapter; and (3) up to 10 graduate students whose aca- demic study promises to contribute materially to development of new or improved approaches to coastal zone management. (c) Solicitation of nominations for local govern- ment recipients In making selections under subsection (b)(2) the Secretary shall solicit nominations from the coastal states, and shall consult with experts in local government planning and land use. (d) Solicitation of nominations for graduate stu- dent recipients In making selections under subsection (b)(3) the Secretary shall solicit nominations from coastal states and the National Sea Grant Col- lege Program. (e) Funding; types of awards Using sums in the Coastal Zone Management Fund established under section 1456a of this title and other amounts available to carry out this chapter (other than amounts appropriated to carry out sections 1454, 1455, 1455a, 1456b, 1456c, and 1461 of this title), the Secretary shall estab- lish and execute appropriate awards, to be known as the ‘‘Walter B. Jones Awards’’, includ- ing— (1) cash awards in an amount not to exceed $5,000 each; (2) research grants; and (3) public ceremonies to acknowledge such awards. (Pub. L. 89–454, title III, § 314, formerly § 313, as added Pub. L. 101–508, title VI, § 6213, Nov. 5, 1990, 104 Stat. 1388–312; renumbered § 314 and amended Pub. L. 102–587, title II, § 2205(b)(20), Nov. 4, 1992, 106 Stat. 5052.) Editorial Notes PRIOR PROVISIONS A prior section 1460, Pub. L. 89–454, title III, § 314, for- merly § 311, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1287; renumbered § 314, Pub. L. 94–370, § 7, July 26, 1976, 90 Stat. 1019, related to establishment, etc., of Coastal Zone Management Advisory Committee, prior to repeal by Pub. L. 99–272, title VI, § 6045(2), Apr. 7, 1986, 100 Stat. 127. AMENDMENTS 1992—Subsecs. (a), (e). Pub. L. 102–587, § 2205(b)(20)(B), (C), after ‘‘under section 1456a of this title’’ inserted ‘‘and other amounts available to carry out this chapter (other than amounts appropriated to carry out sections 1454, 1455, 1455a, 1456b, 1456c, and 1461 of this title)’’. § 1461. National Estuarine Research Reserve Sys- tem (a) Establishment of System There is established the National Estuarine Research Reserve System (hereinafter referred to in this section as the ‘‘System’’) that consists of— (1) each estuarine sanctuary designated under this section as in effect before April 7, 1986; and (2) each estuarine area designated as a na- tional estuarine reserve under subsection (b). Each estuarine sanctuary referred to in para- graph (1) is hereby designated as a national es- tuarine reserve. (b) Designation of national estuarine reserves After April 7, 1986, the Secretary may des- ignate an estuarine area as a national estuarine reserve if— (1) the Governor of the coastal state in which the area is located nominates the area for that designation; and (2) the Secretary finds that— (A) the area is a representative estuarine ecosystem that is suitable for long-term re- search and contributes to the biogeo- graphical and typological balance of the System; (B) the law of the coastal state provides long-term protection for reserve resources to ensure a stable environment for research;