16 U.S.C. § 1451 — Congressional findings

Page 1872 TITLE 16—CONSERVATION § 1447f 1 So in original. The semicolon probably should be a period. as a note preceding section 21 of Title 2, The Congress. Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Tech- nology of House of Representatives by House Resolu- tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. § 1447f. Authorization of appropriations (a) In general For purposes of carrying out the provisions of this chapter, there are authorized to be appro- priated $18,000,000 for each of the fiscal years 1992 through 1996. (b) Allocation (1) Of funds appropriated in any fiscal year, not more than $500,000 shall be reserved for ad- ministration of this chapter by the National Oceanic and Atmospheric Administration and the Environmental Protection Agency. (2) Funds appropriated in a fiscal year which are available after allocation pursuant to para- graph (1), shall be used to support the adminis- trative costs of Boards established pursuant to section 1447b(a) of this title, provided that such funding does not exceed $300,000 for each re- search Board in each fiscal year. (3) Seventy-five percent of funds appropriated in a fiscal year available after allocation pursu- ant to paragraphs (1) and (2), shall be allocated equally among Boards located in regions sub- mitting research project grant applications pur- suant to section 1447d(b) of this title. (4) Twenty-five percent of funds appropriated in a fiscal year available after allocation pursu- ant to paragraphs (1) and (2), shall be allocated among Boards located in regions submitting re- search project grant applications pursuant to section 1447d(b) of this title which, in the judg- ment of the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Administrator of the En- vironmental Protection Agency, propose the most needed and highest quality research. (Pub. L. 92–532, title IV, § 407, as added Pub. L. 101–593, title III, § 301, Nov. 16, 1990, 104 Stat. 2969.) CHAPTER 33—COASTAL ZONE MANAGEMENT Sec. 1451. Congressional findings. 1452. Congressional declaration of policy. 1453. Definitions. 1454. Submittal of State program for approval. 1455. Administrative grants. 1455a. Coastal resource improvement program. 1455b. Protecting coastal waters. 1456. Coordination and cooperation. 1456–1. Authorization of the Coastal and Estuarine Land Conservation Program. 1456a. Coastal Zone Management Fund. 1456b. Coastal zone enhancement grants. 1456c. Technical assistance. 1456d. Coastal and Estuarine Land Conservation Program. 1457. Public hearings. 1458. Review of performance. 1459. Records and audit. 1460. Walter B. Jones excellence in coastal zone management awards. Sec. 1461. National Estuarine Research Reserve System. 1462. Coastal zone management reports. 1463. Rules and regulations. 1463a. Omitted. 1463b. National Coastal Resources Research and De- velopment Institute. 1464. Authorization of appropriations. 1465. Appeals to the Secretary. 1466. Appeals relating to offshore mineral develop- ment. 1467. Establishment of the Digital Coast. 1468. Regional Ocean Partnerships. § 1451. Congressional findings The Congress finds that— (a) There is a national interest in the effective management, beneficial use, protection, and de- velopment of the coastal zone. (b) The coastal zone is rich in a variety of nat- ural, commercial, recreational, ecological, in- dustrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation. (c) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for indus- try, commerce, residential development, recre- ation, extraction of mineral resources and fossil fuels, transportation and navigation, waste dis- posal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutri- ent-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion. (d) The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruc- tion by man’s alterations. (e) Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost. (f) New and expanding demands for food, en- ergy, minerals, defense needs, recreation, waste disposal, transportation, and industrial activi- ties in the Great Lakes, territorial sea, exclu- sive economic zone, and Outer Continental Shelf are placing stress on these areas and are cre- ating the need for resolution of serious conflicts among important and competing uses and values in coastal and ocean waters; 1 (g) Special natural and scenic characteristics are being damaged by ill-planned development that threatens these values. (h) In light of competing demands and the ur- gent need to protect and to give high priority to natural systems in the coastal zone, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate. (i) The key to more effective protection and use of the land and water resources of the coast- al zone is to encourage the states to exercise their full authority over the lands and waters in the coastal zone by assisting the states, in co- operation with Federal and local governments Page 1873 TITLE 16—CONSERVATION § 1451 and other vitally affected interests, in devel- oping land and water use programs for the coast- al zone, including unified policies, criteria, standards, methods, and processes for dealing with land and water use decisions of more than local significance. (j) The national objective of attaining a great- er degree of energy self-sufficiency would be ad- vanced by providing Federal financial assistance to meet state and local needs resulting from new or expanded energy activity in or affecting the coastal zone. (k) Land uses in the coastal zone, and the uses of adjacent lands which drain into the coastal zone, may significantly affect the quality of coastal waters and habitats, and efforts to con- trol coastal water pollution from land use ac- tivities must be improved. (l) Because global warming may result in a substantial sea level rise with serious adverse effects in the coastal zone, coastal states must anticipate and plan for such an occurrence. (m) Because of their proximity to and reliance upon the ocean and its resources, the coastal states have substantial and significant interests in the protection, management, and develop- ment of the resources of the exclusive economic zone that can only be served by the active par- ticipation of coastal states in all Federal pro- grams affecting such resources and, wherever appropriate, by the development of state ocean resource plans as part of their federally ap- proved coastal zone management programs. (Pub. L. 89–454, title III, § 302, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280; amended Pub. L. 94–370, § 2, July 26, 1976, 90 Stat. 1013; Pub. L. 96–464, § 2, Oct. 17, 1980, 94 Stat. 2060; Pub. L. 101–508, title VI, § 6203(a), Nov. 5, 1990, 104 Stat. 1388–300.) Editorial Notes AMENDMENTS 1990—Subsec. (d). Pub. L. 101–508, § 6203(a)(1), inserted ‘‘habitat areas of the’’ before ‘‘coastal zone’’. Subsec. (f). Pub. L. 101–508, § 6203(a)(2), inserted ‘‘ex- clusive economic zone,’’ after ‘‘territorial sea,’’. Subsecs. (k) to (m). Pub. L. 101–508, § 6203(a)(3), added subsecs. (k) to (m). 1980—Subsecs. (f) to (j). Pub. L. 96–464, § 2(1), (2), added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively. 1976—Subsec. (b). Pub. L. 94–370, § 2(1), inserted ‘‘eco- logical,’’ after ‘‘recreational,’’. Subsec. (i). Pub. L. 94–370, § 2(3), added subsec. (i). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–223, § 1, Dec. 18, 2020, 134 Stat. 1067, pro- vided that: ‘‘This Act [enacting section 1467 of this title and provisions set out as notes under section 1467 of this title] may be cited as the ‘Digital Coast Act’.’’ SHORT TITLE OF 2009 AMENDMENT Pub. L. 111–11, title XII, § 12501, Mar. 30, 2009, 123 Stat. 1442, provided that: ‘‘This Act [probably should be ‘‘sub- title’’, meaning subtitle E (§§ 12501, 12502) of title XII of Pub. L. 111–11, enacting section 1456–1 of this title] may be cited as the ‘Coastal and Estuarine Land Conserva- tion Program Act’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–456, title I, § 101, Dec. 10, 2004, 118 Stat. 3630, formerly set out as a note under this section, was transferred and is set out as a note under section 4001 of Title 33, Navigation and Navigable Waters. SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–150, § 1, June 3, 1996, 110 Stat. 1380, pro- vided that: ‘‘This Act [enacting section 1465 of this title, amending sections 1454, 1455a, 1456a, 1456b, 1461, and 1464 of this title, and enacting provisions set out as a note under section 1454 of this title] may be cited as the ‘Coastal Zone Protection Act of 1996’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–508, title VI, § 6201, Nov. 5, 1990, 104 Stat. 1388–299, provided that: ‘‘This subtitle [subtitle C (§§ 6201–6217) of title VI of Pub. L. 101–508, enacting sec- tions 1455b, 1456c, and 1460 of this title, amending this section and sections 1452 to 1456b, 1458, 1461, and 1464 of this title, and enacting provisions set out as notes under this section and section 1455 of this title] may be cited as the ‘Coastal Zone Act Reauthorization Amend- ments of 1990’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–272, title VI, § 6041, Apr. 7, 1986, 100 Stat. 124, provided that: ‘‘This subtitle [subtitle D (§§ 6041–6047) of title VI of Pub. L. 99–272, amending sec- tions 1455, 1455a, 1456a, 1458, 1461, and 1464 of this title, repealing sections 1456c and 1460 of this title, and re- pealing provisions set out as a note under this section] may be cited as the ‘Coastal Zone Management Reau- thorization Act of 1985’.’’ SHORT TITLE OF 1980 AMENDMENT Pub. L. 96–464, § 1, Oct. 17, 1980, 94 Stat. 2060, provided: ‘‘That this Act [enacting sections 1455a and 1463a of this title, amending this section and sections 1452, 1453, 1455, 1456a, 1456b, 1458, 1461, 1462, and 1464 of this title, and enacting provisions set out as notes under sections 1455, 1458, and 1463a of this title] may be cited as the ‘Coastal Zone Management Improvement Act of 1980’.’’ SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–370, § 1, July 26, 1976, 90 Stat. 1013, provided: ‘‘That this Act [enacting section 1511a of Title 15, Com- merce and Trade, and sections 1456a to 1456c of this title, amending this section, sections 1453 to 1456 and 1457 to 1464 of this title, and section 5316 of Title 5, Gov- ernment Organization and Employees, and enacting provisions set out as notes under section 1511a of Title 15 and section 1462 of this title] may be cited as the ‘Coastal Zone Management Act Amendments of 1976’.’’ SHORT TITLE Pub. L. 89–454, title III, § 301, as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Coast- al Zone Management Act of 1972’.’’ HYPOXIA ASSESSMENT Pub. L. 110–114, title V, § 5022, Nov. 8, 2007, 121 Stat. 1203, provided that: ‘‘The Secretary [of the Army] may participate with Federal, State, and local agencies, non-Federal and nonprofit entities, regional research- ers, and other interested parties to assess hypoxia in the Gulf of Mexico.’’ HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL Pub. L. 108–456, title I, § 102 (part), Dec. 10, 2004, 118 Stat. 3630, formerly set out as a note under this section, was transferred to section 4001a of Title 33, Navigation and Navigable Waters. Pub. L. 105–383, title VI, Nov. 13, 1998, 112 Stat. 3447, as amended by Pub. L. 108–456, title I, §§ 102–105, Dec. 10, 2004, 118 Stat. 3630–3633; Pub. L. 110–161, div. B, title V, § 528, Dec. 26, 2007, 121 Stat. 1930, formerly set out as a note under this section, was transferred to chapter 53 (§ 4001 et seq.) of Title 33, Navigation and Navigable Wa- ters. Page 1874 TITLE 16—CONSERVATION § 1452 1 So in original. The period probably should be a comma. FINDINGS AND PURPOSE OF COASTAL ZONE ACT REAUTHORIZATION AMENDMENTS OF 1990 Pub. L. 101–508, title VI, § 6202, Nov. 5, 1990, 104 Stat. 1388–299, provided that: ‘‘(a) FINDINGS.—Congress finds and declares the fol- lowing: ‘‘(1) Our oceans, coastal waters, and estuaries con- stitute a unique resource. The condition of the water quality in and around the coastal areas is signifi- cantly declining. Growing human pressures on the coastal ecosystem will continue to degrade this re- source until adequate actions and policies are imple- mented. ‘‘(2) Almost one-half of our total population now lives in coastal areas. By 2010, the coastal population will have grown from 80,000,000 in 1960 to 127,000,000 people, an increase of approximately 60 percent, and population density in coastal counties will be among the highest in the Nation. ‘‘(3) Marine resources contribute to the Nation’s economic stability. Commercial and recreational fishery activities support an industry with an esti- mated value of $12,000,000,000 a year. ‘‘(4) Wetlands play a vital role in sustaining the coastal economy and environment. Wetlands support and nourish fishery and marine resources. They also protect the Nation’s shores from storm and wave damage. Coastal wetlands contribute an estimated $5,000,000,000 to the production of fish and shellfish in the United States coastal waters. Yet, 50 percent of the Nation’s coastal wetlands have been destroyed, and more are likely to decline in the near future. ‘‘(5) Nonpoint source pollution is increasingly rec- ognized as a significant factor in coastal water deg- radation. In urban areas, storm water and combined sewer overflow are linked to major coastal problems, and in rural areas, run-off from agricultural activi- ties may add to coastal pollution. ‘‘(6) Coastal planning and development control measures are essential to protect coastal water qual- ity, which is subject to continued ongoing stresses. Currently, not enough is being done to manage and protect our coastal resources. ‘‘(7) Global warming results from the accumulation of man-made gases, released into the atmosphere from such activities as the burning of fossil fuels, de- forestation, and the production of chlorofluorocarbons, which trap solar heat in the at- mosphere and raise temperatures worldwide. Global warming could result in significant global sea level rise by 2050 resulting from ocean expansion, the melt- ing of snow and ice, and the gradual melting of the polar ice cap. Sea level rise will result in the loss of natural resources such as beaches, dunes, estuaries, and wetlands, and will contribute to the salinization of drinking water supplies. Sea level rise will also re- sult in damage to properties, infrastructures, and public works. There is a growing need to plan for sea level rise. ‘‘(8) There is a clear link between coastal water quality and land use activities along the shore. State management programs under the Coastal Zone Man- agement Act of 1972 (16 U.S.C. 1451 et seq.) are among the best tools for protecting coastal resources and must play a larger role, particularly in improving coastal zone water quality. ‘‘(9) All coastal States should have coastal zone management programs in place that conform to the Coastal Zone Management Act of 1972, as amended by this Act. ‘‘(b) PURPOSE.—It is the purpose of Congress in this subtitle [see Short Title of 1990 Amendment note above] to enhance the effectiveness of the Coastal Zone Management Act of 1972 [16 U.S.C. 1451 et seq.] by in- creasing our understanding of the coastal environment and expanding the ability of State coastal zone man- agement programs to address coastal environmental problems.’’ ESTABLISHMENT OF POSITIONS AND FIXING OF COM- PENSATION BY SECRETARY OF COMMERCE; APPOINT- MENTS Pub. L. 94–370, § 15(c), July 26, 1976, 90 Stat. 1032, re- lated to establishment and compensation of four new positions without regard to the provisions of chapter 51 of Title 5, Government Organization and Employees, prior to repeal by Pub. L. 99–272, title VI, § 6045(3), Apr. 7, 1986, 100 Stat. 127. Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. EXECUTIVE ORDER NO. 13554 Ex. Ord. No. 13554, Oct. 5, 2010, 75 F.R. 62313, which es- tablished the Gulf Coast Ecosystem Restoration Task Force, was revoked, concurrent with the termination of the Task Force, by Ex. Ord. No. 13626, § 6(d), Sept. 10, 2012, 77 F.R. 56752, set out as a note under section 1321 of Title 33, Navigation and Navigable Waters. § 1452. Congressional declaration of policy The Congress finds and declares that it is the national policy— (1) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation’s coastal zone for this and suc- ceeding generations; (2) to encourage and assist the states to ex- ercise effectively their responsibilities in the coastal zone through the development and im- plementation of management programs to achieve wise use of the land and water re- sources of the coastal zone, giving full consid- eration to ecological, cultural, historic, and esthetic values as well as the needs for com- patible economic development, which pro- grams should at least provide for— (A) the protection of natural resources, in- cluding wetlands, flood plains, estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife and their habitat, with- in the coastal zone, (B) the management of coastal develop- ment to minimize the loss of life and prop- erty caused by improper development in flood-prone, storm surge, geological hazard, and erosion-prone areas and in areas likely to be affected by or vulnerable to sea level rise, land subsidence, and saltwater intru- sion, and by the destruction of natural pro- tective features such as beaches, dunes, wet- lands, and barrier islands.1 (C) the management of coastal develop- ment to improve, safeguard, and restore the quality of coastal waters, and to protect nat- ural resources and existing uses of those wa- ters, (D) priority consideration being given to coastal-dependent uses and orderly processes for siting major facilities related to national defense, energy, fisheries development, recreation, ports and transportation, and the location, to the maximum extent prac-