CZMA Statute

COASTAL ZONE MANAGEMENT ACT OF 1972,
as amended through Pub. L. No. 109-58,
the Energy Policy Act of 2005
16 U.S.C. § 1451. Congressional findings (Section 302)
16 U.S.C. § 1452. Congressional declaration of policy (Section 303)
16 U.S.C. § 1453. Definitions (Section 304)
16 U.S.C. § 1454. Management program development grants (Section 305)
16 U.S.C. § 1455. Administrative grants (Section 306)
16 U.S.C. § 1455a. Coastal resource improvement program (Section 306A)
16 U.S.C. § 1455b. Protecting coastal waters
16 U.S.C. § 1456. Coordination and cooperation (Section 307)
16 U.S.C. § 1456a. Coastal Zone Management Fund (Section 308)
16 U.S.C. § 1456b. Coastal Zone Enhancement Grants (Section 309)
16 U.S.C. § 1456c. Technical assistance (Section 310)
16 U.S.C. § 1457. Public hearings (Section 311)
16 U.S.C. § 1458. Review of performance (Section 312)
16 U.S.C. § 1459. Records and audit (Section 313)
16 U.S.C. § 1460. Walter B. Jones Excellence in Coastal Zone Management Awards
(Section 314)
16 U.S.C. § 1461. National Estuarine Research Reserve System (Section 315)
16 U.S.C. § 1462. Coastal Zone Management Reports (Section 316)
16 U.S.C. § 1463. Rules and Regulations (Section 317)
16 U.S.C. § 1464. Authorization of appropriations (Section 318)
16 U.S.C. § 1465. Appeals to the Secretary (Section 319)

16 U.S.C. § 1451. Congressional findings (Section 302)
The Congress finds that-(a) There is a national interest in the effective management, beneficial use,
protection, and development of the coastal zone.
(b) The coastal zone is rich in a variety of natural, commercial, recreational,
ecological, industrial, 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 industry, commerce, residential development,
recreation, extraction of mineral resources and fossil fuels, transportation and
navigation, waste disposal, and harvesting of fish, shellfish, and other living
marine resources, have resulted in the loss of living marine resources, wildlife,
nutrient-rich areas, permanent and adverse changes to ecological systems,
decreasing open space for public use, and shoreline erosion.

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(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 destruction 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, energy, minerals, defense needs,
recreation, waste disposal, transportation, and industrial activities in the Great
Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are
placing stress on these areas and are creating the need for resolution of serious
conflicts among important and competing uses and values in coastal and ocean
waters;
(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 urgent 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 coastal 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 cooperation with
Federal and local governments and other vitally affected interests, in developing
land and water use programs for the coastal 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 greater degree of energy self-sufficiency
would be advanced 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 control coastal water pollution from land use activities
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 development of the resources of the exclusive economic zone
that can only be served by the active participation of coastal states in all Federal
programs affecting such resources and, wherever appropriate, by the development
of state ocean resource plans as part of their federally approved coastal zone
management programs.

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16 U.S.C. § 1452. Congressional declaration of policy (Section 303)
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 succeeding generations;
(2) to encourage and assist the states to exercise effectively their responsibilities
in the coastal zone through the development and implementation of management
programs to achieve wise use of the land and water resources of the coastal zone,
giving full consideration to ecological, cultural, historic, and esthetic values as
well as the needs for compatible economic development, which programs should
at least provide for-(A) the protection of natural resources, including wetlands, floodplains,
estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife
and their habitat, within the coastal zone,
(B) the management of coastal development to minimize the loss of life
and property 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
intrusion, and by the destruction of natural protective features such as
beaches, dunes, wetlands, and barrier islands,
(C) the management of coastal development to improve, safeguard, and
restore the quality of coastal waters, and to protect natural resources and
existing uses of those waters,
(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 practicable, of new commercial and
industrial developments in or adjacent to areas where such development
already exists,
(E) public access to the coasts for recreation purposes,
(F) assistance in the redevelopment of deteriorating urban waterfronts and
ports, and sensitive preservation and restoration of historic, cultural, and
esthetic coastal features,
(G) the coordination and simplification of procedures in order to ensure
expedited governmental decisionmaking for the management of coastal
resources,
(H) continued consultation and coordination with, and the giving of
adequate consideration to the views of, affected Federal agencies,
(I) the giving of timely and effective notification of, and opportunities for
public and local government participation in, coastal management
decisionmaking,
(J) assistance to support comprehensive planning, conservation, and
management for living marine resources, including planning for the siting
of pollution control and aquaculture facilities within the coastal zone, and
improved coordination between State and Federal coastal zone
management agencies and State and wildlife agencies, and
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(K) the study and development, in any case in which the Secretary
considers it to be appropriate, of plans for addressing the adverse effects
upon the coastal zone of land subsidence and of sea level rise; and
(3) to encourage the preparation of special area management plans which provide
for increased specificity in protecting significant natural resources, reasonable
coastal-dependent economic growth, improved protection of life and property in
hazardous areas, including those areas likely to be affected by land subsidence,
sea level rise, or fluctuating water levels of the Great Lakes, and improved
predictability in governmental decisionmaking;
(4) to encourage the participation and cooperation of the public, state and local
governments, and interstate and other regional agencies, as well as of the Federal
agencies having programs affecting the coastal zone, in carrying out the purposes
of this chapter;
(5) to encourage coordination and cooperation with and among the appropriate
Federal, State, and local agencies, and international organizations where
appropriate, in collection, analysis, synthesis, and dissemination of coastal
management information, research results, and technical assistance, to support
State and Federal regulation of land use practices affecting the coastal and ocean
resources of the United States; and
(6) to respond to changing circumstances affecting the coastal environment and
coastal resource management by encouraging States to consider such issues as
ocean uses potentially affecting the coastal zone.
16 U.S.C. § 1453. Definitions (Section 304)
For purposes of this chapter-(1) The term "coastal zone" means the coastal waters (including the lands therein
and thereunder) and the adjacent shorelands (including the waters therein and
thereunder), strongly influenced by each other and in proximity to the shorelines
of the several coastal states, and includes islands, transitional and intertidal areas,
salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to
the international boundary between the United States and Canada and, in other
areas, seaward to the outer limit of State title and ownership under the Submerged
Lands Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917, (48 U.S.C. 749),
the Covenant to Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America, as approved by the Act of
March 24, 1976 (48 U.S.C. 1801 et seq.), or section 1 of the Act of November 20,
1963 (48 U.S.C. 1705), as applicable. The zone extends inland from the
shorelines only to the extent necessary to control shorelands, the uses of which
have a direct and significant impact on the coastal waters, and to control those
geographical areas which are likely to be affected by or vulnerable to sea level
rise. Excluded from the coastal zone are lands the use of which is by law subject
solely to the discretion of or which is held in trust by the Federal Government, its
officers or agents.
(2) The term "coastal resource of national significance" means any coastal
wetland, beach, dune, barrier island, reef, estuary, or fish and wildlife habitat, if
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any such area is determined by a coastal state to be of substantial biological or
natural storm protective value.
(3) The term "coastal waters" means (A) in the Great Lakes area, the waters
within the territorial jurisdiction of the United States consisting of the Great
Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such
as bays, shallows, and marshes and (B) in other areas, those waters, adjacent to
the shorelines, which contain a measurable quantity or percentage of sea water,
including, but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries.
(4) The term "coastal state" means a state of the United States in, or bordering on,
the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or
one or more of the Great Lakes. For the purposes of this chapter, the term also
includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and
American Samoa.
(5) The term "coastal energy activity" means any of the following activities if, and
to the extent that (A) the conduct, support, or facilitation of such activity requires
and involves the siting, construction, expansion, or operation of any equipment or
facility; and (B) any technical requirement exists which, in the determination of
the Secretary, necessitates that the siting, construction, expansion, or operation of
such equipment or facility be carried out in, or in close proximity to, the coastal
zone of any coastal state;
(i) Any outer Continental Shelf energy activity.
(ii) Any transportation, conversion, treatment, transfer, or storage of
liquefied natural gas.
(iii) Any transportation, transfer, or storage of oil, natural gas, or coal
(including, but not limited to, by means of any deepwater port, as defined
in section 1502(10) of Title 33).
For purposes of this paragraph, the siting, construction, expansion, or
operation of any equipment or facility shall be "in close proximity to" the
coastal zone of any coastal state if such siting, construction, expansion, or
operation has, or is likely to have, a significant effect on such coastal zone.
(6) The term "energy facilities" means any equipment or facility which is or will
be used primarily-(A) in the exploration for, or the development, production, conversion,
storage, transfer, processing, or transportation of, any energy resource; or
(B) for the manufacture, production, or assembly of equipment,
machinery, products, or devices which are involved in any activity
described in subparagraph (A).
The term includes, but is not limited to (i) electric generating plants; (ii)
petroleum refineries and associated facilities; (iii) gasification plants; (iv)
facilities used for the transportation, conversion, treatment, transfer, or
storage of liquefied natural gas; (v) uranium enrichment or nuclear fuel

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processing facilities; (vi) oil and gas facilities, including platforms,
assembly plants, storage depots, tank farms, crew and supply bases, and
refining complexes; (vii) facilities including deepwater ports, for the
transfer of petroleum; (viii) pipelines and transmission facilities; and (ix)
terminals which are associated with any of the foregoing.
(6a) The term "enforceable policy" means State policies which are legally binding
through constitutional provisions, laws, regulations, land use plans, ordinances, or
judicial or administrative decisions, by which a State exerts control over private
and public land and water uses and natural resources in the coastal zone.
(7) The term "estuary" means that part of a river or stream or other body of water
having unimpaired connection with the open sea, where the sea water is
measurably diluted with fresh water derived from land drainage. The term
includes estuary-type areas of the Great Lakes.
(8) The term "estuarine sanctuary" means a research area which may include any
part or all of an estuary and any island, transitional area, and upland in, adjoining,
or adjacent to such estuary, and which constitutes to the extent feasible a natural
unit, set aside to provide scientists and students the opportunity to examine over a
period of time the ecological relationships within the area.
(9) The term "Fund" means the Coastal Zone Management Fund established
under section 1456a(b) of this title.
(10) The term "land use" means activities which are conducted in, or on the
shorelands within, the coastal zone, subject to the requirements outlined in section
1456(g) of this title.
(11) The term "local government" means any political subdivision of, or any
special entity created by, any coastal state which (in whole or part) is located in,
or has authority over, such state's coastal zone and which (A) has authority to levy
taxes, or to establish and collect user fees, or (B) provides any public facility or
public service which is financed in whole or part by taxes or user fees. The term
includes, but is not limited to, any school district, fire district, transportation
authority, and any other special purpose district or authority.
(12) The term "management program" includes, but is not limited to, a
comprehensive statement in words, maps, illustrations, or other media of
communication, prepared and adopted by the state in accordance with the
provisions of this chapter, setting forth objectives, policies, and standards to guide
public and private uses of lands and waters in the coastal zone.
(13) The term "outer Continental Shelf energy activity" means any exploration
for, or any development or production of, oil or natural gas from the outer
Continental Shelf (as defined in section 1331(a) of Title 43) or the siting,
construction, expansion, or operation of any new or expanded energy facilities
directly required by such exploration, development, or production.
(14) The term "person" means any individual; any corporation, partnership,
association, or other entity organized or existing under the laws of any state; the
Federal Government; any state, regional, or local government; or any entity of any
such Federal, state, regional, or local government.

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(15) The term "public facilities and public services" means facilities or services
which are financed, in whole or in part, by any state or political subdivision
thereof, including, but not limited to, highways and secondary roads, parking,
mass transit, docks, navigation aids, fire and police protection, water supply,
waste collection and treatment (including drainage), schools and education, and
hospitals and health care. Such term may also include any other facility or service
so financed which the Secretary finds will support increased population.
(16) The term "Secretary" means the Secretary of Commerce.
(17) The term "special area management plan" means a comprehensive plan
providing for natural resource protection and reasonable coastal-dependent
economic growth containing a detailed and comprehensive statement of policies;
standards and criteria to guide public and private uses of lands and waters; and
mechanisms for timely implementation in specific geographic areas within the
coastal zone.
(18) The term "water use" means a use, activity, or project conducted in or on
waters within the coastal zone.
16 U.S.C. § 1454. Submittal of State program for approval (Section 305)
Any coastal state which has completed the development of its management
program shall submit such program to the Secretary for review and approval
pursuant to section 1455 of this title.
16 U.S.C. § 1455. Administrative grants (Section 306)
(a) Authorization; matching funds
The Secretary may make grants to any coastal state for the purpose of
administering that state's management program, if the state matches any such
grant according to the following 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 fiscal
year, and 1 to 1 for each fiscal year thereafter.
(b) Grants to coastal states; requirements
The Secretary may make a grant to a coastal state under subsection (a) of this
section 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
accordance with subsection (d) of this section.
(c) Allocation of grants to coastal states

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Grants under this section shall be allocated to coastal states with approved
programs based on rules and regulations promulgated by the Secretary 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, maximum and minimum
grants for any fiscal year to promote equity between coastal states and effective
coastal management.
(d) Mandatory adoption of State management program for coastal zone
Before approving a management program submitted 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 promulgated by the
Secretary, after notice, and with the opportunity of full participation by
relevant Federal agencies, State agencies, local governments, regional
organizations, port authorities, and other interested parties and individuals,
public and private, which is adequate 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
significant 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 relevant 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 management program, including the
responsibilities 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 significantly affect, the coastal zone, including a

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process for anticipating the management of the impacts resulting
from such facilities.
(I) A planning process for assessing the effects of, and studying
and evaluating ways to control, or lessen the impact of, shoreline
erosion, and to restore areas adversely affected 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 regional 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 implementing any
management program decision which would conflict with
any local zoning ordinance, decision, or other action, shall
send a notice of the management program decision to any
local government whose zoning authority is affected;
(ii) within the 30-day period commencing on the date of
receipt of that notice, the local government may submit to
the management agency written comments on the
management program decision, and any recommendation
for alternatives; and
(iii) the management agency, if any comments 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 public hearing on
the comments; and
(III) may not take any action within the 30-day
period to implement the management 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 approved by the Governor of the State.

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(6) The Governor of the State has designated a single State agency to
receive and administer grants for implementing the management program.
(7) The State is organized to implement the management program.
(8) The management program provides for adequate consideration of the
national interest 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
applicable national or interstate energy plan or program.
(9) The management program includes procedures whereby specific areas
may be designated for the purpose of preserving or restoring them for their
conservation, recreational, ecological, historical, or esthetic values.
(10) The State, acting through its chosen agency or agencies (including
local governments, areawide agencies, regional agencies, or interstate
agencies) has authority for the management of the coastal zone in
accordance with the management program. Such authority shall include
power-(A) to administer land use and water use regulations to control
development to ensure compliance with the management program,
and to resolve conflicts among competing 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 conformance with the management
program.
(11) The management program provides for any one or a combination of
the following general 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 planning and regulation.
(C) State administrative review for consistency 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
developer, 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.

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(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 enforceable policies and
mechanisms to implement 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 management program for coastal zone
A coastal state may amend or modify a management 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 Secretary of any proposed
amendment, modification, 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 Secretary receives any proposed
amendment, the Secretary shall notify the State whether the Secretary
approves or disapproves the amendment, or whether the Secretary finds it
is necessary to extend the review of the proposed amendment for a period
not to exceed 120 days after the date the Secretary received the proposed
amendment. The Secretary may extend this period only as necessary to
meet the requirements 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 unless the amendment,
modification, or other change is approved by the Secretary under
this subsection.
(B) The Secretary, after determining on a preliminary basis, that an
amendment, modification, or other change which has been
submitted for approval under this subsection is likely to meet the
program approval standards in this section, may permit the State to
expend funds awarded under this section to begin implementing
the proposed amendment, modification, 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 approved under this paragraph shall not be considered an
enforceable policy for purposes of section 1456 of this title.
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16 U.S.C. § 1455a. Coastal resource improvement program (Section 306A)
(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 section-(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 improvement
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 populated and is being used for, or has been used for, urban
residential recreational, commercial, shipping or industrial purposes.
(b) Resource management improvement grants
The Secretary may make grants to any eligible coastal state to assist that state in
meeting one or more of the following objectives:
(1) The preservation or restoration of specific areas of the state that (A)
are designated under the management program procedures required by
section 1455(d)(9) of this title because of their conservation recreational,
ecological, or esthetic values, or (B) contain one or more coastal resources
of national significance, or for the purpose of restoring and enhancing
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
program 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 process
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 coastal 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-12

(A) the acquisition of fee simple and other interests in land;
(B) low-cost construction projects determined 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) of this section-(i) the rehabilitation or acquisition of piers to provide
increased public use, including compatible commercial
activity,
(ii) the establishment of shoreline stabilization measures
including the installation 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 recreational use of urban
waterfront areas, but activities provided for under this
paragraph shall not be treated as construction projects
subject to the limitations in paragraph (B);
(D) engineering designs, specifications, and other appropriate
reports; and
(E) educational, interpretive, and management costs and such other
related costs as the Secretary determines to be consistent with the
purposes of this section.
(d) State matching contributions; ratio; maximum 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 according 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 required 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.

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(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
government, an areawide agency designated under section 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 applied in furtherance of the state's approved management program.
(f) Other technical and financial assistance
In addition to providing grants under this section, the Secretary shall assist
eligible coastal states and their local governments in identifying and obtaining
other sources of available Federal technical and financial assistance regarding the
objectives of this section.
16 U.S.C. § 1455b. Protecting coastal waters
(a) In general
(1) Program development
Not later than 30 months after the date of the publication of final guidance
under subsection (g) of this section, each State for which a management
program has been approved pursuant to section 306 of the Coastal Zone
Management Act of 1972 shall prepare and submit to the Secretary and the
Administrator a Coastal Nonpoint Pollution Control Program for approval
pursuant to this section. The purpose of the program shall be to develop
and implement management measures for nonpoint source pollution to
restore and protect coastal waters, working in close conjunction with other
State and local authorities.
(2) Program coordination
A State program under this section shall be coordinated closely with State
and local water quality plans and programs developed pursuant to sections
1288, 1313, 1329, and 1330 of Title 33 and with State plans developed
pursuant to the Coastal Zone Management Act of 1972 , as amended by
this Act. The program shall serve as an update and expansion of the State
nonpoint source management program developed under section 1329 of
Title 33, as the program under that section relates to land and water uses
affecting coastal waters.
(b) Program contents
Each State program under this section shall provide for the
implementation, at a minimum, of management measures in conformity
14

with the guidance published under subsection (g) of this section, to protect
coastal waters generally, and shall also contain the following:
(1) Identifying land uses
The identification of, and a continuing process for identifying, land uses
which, individually or cumulatively, may cause or contribute significantly
to a degradation of-(A) those coastal waters where there is a failure to attain or
maintain applicable water quality standards or protect designated
uses, as determined by the State pursuant to its water quality
planning processes; or
(B) those coastal waters that are threatened by reasonably
foreseeable increases in pollution loadings from new or expanding
sources.
(2) Identifying critical coastal areas
The identification of, and a continuing process for identifying, critical
coastal areas adjacent to coastal waters referred to in paragraph (1)(A) and
(B), within which any new land uses or substantial expansion of existing
land uses shall be subject to management measures in addition to those
provided for in subsection (g) of this section.
(3) Management measures
The implementation and continuing revision from time to time of
additional management measures applicable to the land uses and areas
identified pursuant to paragraphs (1) and (2) that are necessary to achieve
and maintain applicable water quality standards under section 1313 of
Title 33 and protect designated uses.
(4) Technical assistance
The provision of technical and other assistance to local governments and
the public for implementing the measures referred to in paragraph (3),
which may include assistance in developing ordinances and regulations,
technical guidance, and modeling to predict and assess the effectiveness of
such measures, training, financial incentives, demonstration projects, and
other innovations to protect coastal water quality and designated uses.
(5) Public participation
Opportunities for public participation in all aspects of the program,
including the use of public notices and opportunities for comment,
nomination procedures, public hearings, technical and financial assistance,
public education, and other means.
15

(6) Administrative coordination
The establishment of mechanisms to improve coordination among State
agencies and between State and local officials responsible for land use
programs and permitting, water quality permitting and enforcement,
habitat protection, and public health and safety, through the use of joint
project review, memoranda of agreement, or other mechanisms.
(7) State coastal zone boundary modification
A proposal to modify the boundaries of the State coastal zone as the
coastal management agency of the State determines is necessary to
implement the recommendations made pursuant to subsection (e) of this
section. If the coastal management agency does not have the authority to
modify such boundaries, the program shall include recommendations for
such modifications to the appropriate State authority.
(c) Program submission, approval, and implementation
(1) Review and approval
Within 6 months after the date of submission by a State of a program
pursuant to this section, the Secretary and the Administrator shall jointly
review the program. The program shall be approved if-(A) the Secretary determines that the portions of the program under
the authority of the Secretary meet the requirements of this section
and the Administrator concurs with that determination; and
(B) the Administrator determines that the portions of the program
under the authority of the Administrator meet the requirements of
this section and the Secretary concurs with that determination.
(2) Implementation of approved program
If the program of a State is approved in accordance with paragraph (1), the
State shall implement the program, including the management measures
included in the program pursuant to subsection (b) of this section, through(A) changes to the State plan for control of nonpoint source
pollution approved under section 1329 of Title 33; and
(B) changes to the State coastal zone management program
developed under section 306 of the Coastal Zone Management Act
of 1972, as amended by this Act.
(3) Withholding coastal management assistance
If the Secretary finds that a coastal State has failed to submit an
approvable program as required by this section, the Secretary shall
16

withhold for each fiscal year until such a program is submitted a portion of
grants otherwise available to the State for the fiscal year under section 306
of the Coastal Zone Management Act of 1972, as follows:
(A) 10 percent for fiscal year 1996.
(B) 15 percent for fiscal year 1997.
(C) 20 percent for fiscal year 1998.
(D) 30 percent for fiscal year 1999 and each fiscal year thereafter.
The Secretary shall make amounts withheld under this paragraph available
to coastal States having programs approved under this section.
(4) Withholding water pollution control assistance
If the Administrator finds that a coastal State has failed to submit an
approvable program as required by this section, the Administrator shall
withhold from grants available to the State under section 1329 of Title 33,
for each fiscal year until such a program is submitted, an amount equal to
a percentage of the grants awarded to the State for the preceding fiscal
year under that section, as follows:
(A) For fiscal year 1996, 10 percent of the amount awarded for
fiscal year 1995.
(B) For fiscal year 1997, 15 percent of the amount awarded for
fiscal year 1996.
(C) For fiscal year 1998, 20 percent of the amount awarded for
fiscal year 1997.
(D) For fiscal year 1999 and each fiscal year thereafter, 30 percent
of the amount awarded for fiscal year 1998 or other preceding
fiscal year.
The Administrator shall make amounts withheld under this paragraph
available to States having programs approved pursuant to this subsection.
(d) Technical assistance
The Secretary and the Administrator shall provide technical assistance to coastal
States and local governments in developing and implementing programs under
this section. Such assistance shall include-(1) methods for assessing water quality impacts associated with coastal
land uses;
(2) methods for assessing the cumulative water quality effects of coastal
development;
(3) maintaining and from time to time revising an inventory of model
ordinances, and providing other assistance to coastal States and local
governments in identifying, developing, and implementing pollution
control measures; and

17

(4) methods to predict and assess the effects of coastal land use
management measures on coastal water quality and designated uses.
(e) Inland coastal zone boundaries
(1) Review
The Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall, within 18 months after
November 5, 1990, review the inland coastal zone boundary of each
coastal State program which has been approved or is proposed for
approval under section 306 of the Coastal Zone Management Act of 1972,
and evaluate whether the State's coastal zone boundary extends inland to
the extent necessary to control the land and water uses that have a
significant impact on coastal waters of the State.
(2) Recommendation
If the Secretary, in consultation with the Administrator, finds that
modifications to the inland boundaries of a State's coastal zone are
necessary for that State to more effectively manage land and water uses to
protect coastal waters, the Secretary, in consultation with the
Administrator, shall recommend appropriate modifications in writing to
the affected State.
(f) Financial assistance
(1) In general
Upon request of a State having a program approved under section 306 of
the Coastal Zone Management Act of 1972, the Secretary, in consultation
with the Administrator, may provide grants to the State for use for
developing a State program under this section.
(2) Amount
The total amount of grants to a State under this subsection shall not exceed
50 percent of the total cost to the State of developing a program under this
section.
(3) State share
The State share of the cost of an activity carried out with a grant under this
subsection shall be paid from amounts from non-Federal sources.
(4) Allocation

18

Amounts available for grants under this subsection shall be allocated
among States in accordance with regulations issued pursuant to section
306(c) of the Coastal Zone Management Act of 1972, except that the
Secretary may use not more than 25 percent of amounts available for such
grants to assist States which the Secretary, in consultation with the
Administrator, determines are making exemplary progress in preparing a
State program under this section or have extreme needs with respect to
coastal water quality.
(g) Guidance for coastal nonpoint source pollution control
(1) In general
The Administrator, in consultation with the Secretary and the Director of
the United States Fish and Wildlife Service and other Federal agencies,
shall publish (and periodically revise thereafter) guidance for specifying
management measures for sources of nonpoint pollution in coastal waters.
(2) Content
Guidance under this subsection shall include, at a minimum-(A) a description of a range of methods, measures, or practices,
including structural and nonstructural controls and operation and
maintenance procedures, that constitute each measure;
(B) a description of the categories and subcategories of activities
and locations for which each measure may be suitable;
(C) an identification of the individual pollutants or categories or
classes of pollutants that may be controlled by the measures and
the water quality effects of the measures;
(D) quantitative estimates of the pollution reduction effects and
costs of the measures;
(E) a description of the factors which should be taken into account
in adapting the measures to specific sites or locations; and
(F) any necessary monitoring techniques to accompany the
measures to assess over time the success of the measures in
reducing pollution loads and improving water quality.
(3) Publication
The Administrator, in consultation with the Secretary, shall publish-(A) proposed guidance pursuant to this subsection not later than 6
months after November 5, 1990; and
(B) final guidance pursuant to this subsection not later than 18
months after November 5, 1990.
(4) Notice and comment

19

The Administrator shall provide to coastal States and other interested
persons an opportunity to provide written comments on proposed guidance
under this subsection.
(5) Management measures
For purposes of this subsection, the term "management measures" means
economically achievable measures for the control of the addition of
pollutants from existing and new categories and classes of nonpoint
sources of pollution, which reflect the greatest degree of pollutant
reduction achievable through the application of the best available nonpoint
pollution control practices, technologies, processes, siting criteria,
operating methods, or other alternatives.
(h) Authorization of appropriations
(1) Administrator
There is authorized to be appropriated to the Administrator for use for
carrying out this section not more than $1,000,000 for each of fiscal years
1992, 1993, and 1994.
(2) Secretary
(A) Of amounts appropriated to the Secretary for a fiscal year
under section 318(a)(4) of the Coastal Zone Management Act of
1972, as amended by this Act, not more than $1,000,000 shall be
available for use by the Secretary for carrying out this section for
that fiscal year, other than for providing in the form of grants under
subsection (f) of this section.
(B) There is authorized to be appropriated to the Secretary for use
for providing in the form of grants under subsection (f) of this
section not more than-(i) $6,000,000 for fiscal year 1992;
(ii) $12,000,000 for fiscal year 1993;
(iii) $12,000,000 for fiscal year 1994; and
(iv) $12,000,000 for fiscal year 1995.
(i) Definitions
In this section-(1) the term "Administrator" means the Administrator of the
Environmental Protection Agency;
(2) the term "coastal state" has the meaning given the term "coastal State"
under section 304 of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453);
(3) each of the terms "coastal waters" and "coastal zone" has the meaning
that term has in the Coastal Zone Management Act of 1972;
20

(4) the term "coastal management agency" means a State agency
designated pursuant to section 306(d)(6) of the Coastal Zone Management
Act of 1972;
(5) the term "land use" includes a use of waters adjacent to coastal waters;
and
(6) the term "Secretary" means the Secretary of Commerce.
16 U.S.C. § 1456. Coordination and cooperation (Section 307)
(a) Federal agencies
In carrying out his functions and responsibilities under this chapter, the Secretary
shall consult with, cooperate with, and, to the maximum extent practicable,
coordinate his activities with other interested Federal agencies.
(b) Adequate consideration of views of Federal agencies
The Secretary shall not approve the management program submitted by a state
pursuant to section 1455 of this title unless the views of Federal agencies
principally affected by such program have been adequately considered.
(c) Consistency of Federal activities with State management programs;
Presidential exemption; certification
(1)

(A) Each Federal agency activity within or outside the coastal zone
that affects any land or water use or natural resource of the coastal
zone shall be carried out in a manner which is consistent to the
maximum extent practicable with the enforceable policies of
approved State management programs. A Federal agency activity
shall be subject to this paragraph unless it is subject to paragraph
(2) or (3).
(B) After any final judgment, decree, or order of any Federal court
that is appealable under section 1291 or 1292 of Title 28, or under
any other applicable provision of Federal law, that a specific
Federal agency activity is not in compliance with subparagraph
(A), and certification by the Secretary that mediation under
subsection (h) of this section is not likely to result in such
compliance, the President may, upon written request from the
Secretary, exempt from compliance those elements of the Federal
agency activity that are found by the Federal court to be
inconsistent with an approved State program, if the President
determines that the activity is in the paramount interest of the
United States. No such exemption shall be granted on the basis of a
lack of appropriations unless the President has specifically
requested such appropriations as part of the budgetary process, and
21

the Congress has failed to make available the requested
appropriations.
(C) Each Federal agency carrying out an activity subject to
paragraph (1) shall provide a consistency determination to the
relevant State agency designated under section 1455(d)(6) of this
title at the earliest practicable time, but in no case later than 90
days before final approval of the Federal activity unless both the
Federal agency and the State agency agree to a different schedule.
(2) Any Federal agency which shall undertake any development project in
the coastal zone of a state shall insure that the project is, to the maximum
extent practicable, consistent with the enforceable policies of approved
State management programs.
(3)

(A) After final approval by the Secretary of a state's management
program, any applicant for a required Federal license or permit to
conduct an activity, in or outside of the coastal zone, affecting any
land or water use or natural resource of the coastal zone of that
state shall provide in the application to the licensing or permitting
agency a certification that the proposed activity complies with the
enforceable policies of the state's approved program and that such
activity will be conducted in a manner consistent with the program.
At the same time, the applicant shall furnish to the state or its
designated agency a copy of the certification, with all necessary
information and data. Each coastal state shall establish procedures
for public notice in the case of all such certifications and, to the
extent it deems appropriate, procedures for public hearings in
connection therewith. At the earliest practicable time, the state or
its designated agency shall notify the Federal agency concerned
that the state concurs with or objects to the applicant's certification.
If the state or its designated agency fails to furnish the required
notification within six months after receipt of its copy of the
applicant's certification, the state's concurrence with the
certification shall be conclusively presumed. No license or permit
shall be granted by the Federal agency until the state or its
designated agency has concurred with the applicant's certification
or until, by the state's failure to act, the concurrence is conclusively
presumed, unless the Secretary, on his own initiative or upon
appeal by the applicant, finds, after providing a reasonable
opportunity for detailed comments from the Federal agency
involved and from the state, that the activity is consistent with the
objectives of this chapter or is otherwise necessary in the interest
of national security.
(B) After the management program of any coastal state has been
approved by the Secretary under section 1455 of this title, any
22

person who submits to the Secretary of the Interior any plan for the
exploration or development of, or production from, any area which
has been leased under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) and regulations under such Act shall, with
respect to any exploration, development, or production described
in such plan and affecting any land or water use or natural resource
of the coastal zone of such state, attach to such plan a certification
that each activity which is described in detail in such plan complies
with the enforceable policies of such state's approved management
program and will be carried out in a manner consistent with such
program. No Federal official or agency shall grant such person any
license or permit for any activity described in detail in such plan
until such state or its designated agency receives a copy of such
certification and plan, together with any other necessary data and
information, and until-(i) such state or its designated agency, in accordance with
the procedures required to be established by such state
pursuant to subparagraph (A), concurs with such person's
certification and notifies the Secretary and the Secretary of
the Interior of such concurrence;
(ii) concurrence by such state with such certification is
conclusively presumed as provided for in subparagraph
(A), except if such state fails to concur with or object to
such certification within three months after receipt of its
copy of such certification and supporting information, such
state shall provide the Secretary, the appropriate federal
agency, and such person with a written statement
describing the status of review and the basis for further
delay in issuing a final decision, and if such statement is
not so provided, concurrence by such state with such
certification shall be conclusively presumed; or
(iii) the Secretary finds, pursuant to subparagraph (A), that
each activity which is described in detail in such plan is
consistent with the objectives of this chapter or is otherwise
necessary in the interest of national security.
If a state concurs or is conclusively presumed to concur, or
if the Secretary makes such a finding, the provisions of
subparagraph (A) are not applicable with respect to such
person, such state, and any Federal license or permit which
is required to conduct any activity affecting land uses or
water uses in the coastal zone of such state which is
described in detail in the plan to which such concurrence or
finding applies. If such state objects to such certification
and if the Secretary fails to make a finding under clause
(iii) with respect to such certification, or if such person fails

23

substantially to comply with such plan as submitted, such
person shall submit an amendment to such plan, or a new
plan, to the Secretary of the Interior. With respect to any
amendment or new plan submitted to the Secretary of the
Interior pursuant to the preceding sentence, the applicable
time period for purposes of concurrence by conclusive
presumption under subparagraph (A) is 3 months.
(d) Application of local governments for Federal assistance; relationship of
activities with approved management programs
State and local governments submitting applications for Federal assistance under
other Federal programs, in or outside of the coastal zone, affecting any land or
water use of natural resource of the coastal zone shall indicate the views of the
appropriate state or local agency as to the relationship of such activities to the
approved management program for the coastal zone. Such applications shall be
submitted and coordinated in accordance with the provisions of section 6506 of
Title 31. Federal agencies shall not approve proposed projects that are
inconsistent with the enforceable policies of a coastal state's management
program, except upon a finding by the Secretary that such project is consistent
with the purposes of this chapter or necessary in the interest of national security.
(e) Construction with other laws
Nothing in this chapter shall be construed-(1) to diminish either Federal or state jurisdiction, responsibility, or rights
in the field of planning, development, or control of water resources,
submerged lands, or navigable waters; nor to displace, supersede, limit, or
modify any interstate compact or the jurisdiction or responsibility of any
legally established joint or common agency of two or more states or of
two or more states and the Federal Government; nor to limit the authority
of Congress to authorize and fund projects;
(2) as superseding, modifying, or repealing existing laws applicable to the
various Federal agencies; nor to affect the jurisdiction, powers, or
prerogatives of the International Joint Commission, United States and
Canada, the Permanent Engineering Board, and the United States
operating entity or entities established pursuant to the Columbia River
Basin Treaty, signed at Washington, January 17, 1961, or the International
Boundary and Water Commission, United States and Mexico.
(f) Construction with existing requirements of water and air pollution programs
Notwithstanding any other provision of this chapter, nothing in this
chapter shall in any way affect any requirement (1) established by the
Federal Water Pollution Control Act, as amended, or the Clean Air Act, as
amended, or (2) established by the Federal Government or by any state or

24

local government pursuant to such Acts. Such requirements shall be
incorporated in any program developed pursuant to this chapter and shall
be the water pollution control and air pollution control requirements
applicable to such program.
(g) Concurrence with programs which affect inland areas
When any state's coastal zone management program, submitted for approval or
proposed for modification pursuant to section 1455 of this title, includes
requirements as to shorelands which also would be subject to any Federally
supported national land use program which may be hereafter enacted, the
Secretary, prior to approving such program, shall obtain the concurrence of the
Secretary of the Interior, or such other Federal official as may be designated to
administer the national land use program, with respect to that portion of the
coastal zone management program affecting such inland areas.
(h) Mediation of disagreements
In case of serious disagreement between any Federal agency and a coastal state-(1) in the development or the initial implementation of a management
program under section 1454 of this title; or
(2) in the administration of a management program approved under
section 1455 of this title; the Secretary, with the cooperation of the
Executive Office of the President, shall seek to mediate the differences
involved in such disagreement. The process of such mediation shall, with
respect to any disagreement described in paragraph (2), include public
hearings which shall be conducted in the local area concerned.
(i) Application fee for appeals
(1) With respect to appeals under subsections (c)(3) and (d) of this section
which are submitted after November 5, 1990, the Secretary shall collect an
application fee of not less than $200 for minor appeals and not less than
$500 for major appeals, unless the Secretary, upon consideration of an
applicant's request for a fee waiver, determines that the applicant is unable
to pay the fee.
(2)

(A) The Secretary shall collect such other fees as are necessary to
recover the full costs of administering and processing such appeals
under subsection (c) of this section.
(B) If the Secretary waives the application fee under paragraph (1)
for an applicant, the Secretary shall waive all other fees under this
subsection for the applicant.

25

(3) Fees collected under this subsection shall be deposited into the Coastal
Zone Management Fund established under section 1456a of this title.
16 U.S.C. § 1456a. Coastal Zone Management Fund (Section 308)
(a)

(1) The obligations of any coastal state or unit of general purpose local
government to repay loans made pursuant to this section as in effect before
November 5, 1990, and any repayment schedule established pursuant to
this chapter as in effect before November 5, 1990, are not altered by any
provision of this chapter. Such loans shall be repaid under authority of this
subsection and the Secretary may issue regulations governing such
repayment. If the Secretary finds that any coastal state or unit of local
government is unable to meet its obligations pursuant to this subsection
because the actual increases in employment and related population
resulting from coastal energy activity and the facilities associated with
such activity do not provide adequate revenues to enable such State or unit
to meet such obligations in accordance with the appropriate repayment
schedule, the Secretary shall, after review of the information submitted by
such State or unit, take any of the following actions:
(A) Modify the terms and conditions of such loan.
(B) Refinance the loan.
(C) Recommend to the Congress that legislation be enacted to
forgive the loan.
(2) Loan repayments made pursuant to this subsection shall be retained by
the Secretary as offsetting collections, and shall be deposited into the
Coastal Zone Management Fund established under subsection (b) of this
section.

(b)

(1) The Secretary shall establish and maintain a fund, to be known as the
"Coastal Zone Management Fund", which shall consist of amounts
retained and deposited into the Fund under subsection (a) of this section
and fees deposited into the Fund under section 1456(i)(3) of this title.
(2) Subject to amounts provided in appropriation Acts, amounts in the
Fund shall be available to the Secretary for use for the following:
(A) Expenses incident to the administration of this chapter, in an
amount not to exceed for each of fiscal years 1997, 1998, and 1999
the higher of-(i) $4,000,000; or
(ii) 8 percent of the total amount appropriated under this
chapter for the fiscal year.
(B) After use under subparagraph (A)-(i) projects to address management issues which are
regional in scope, including interstate projects;

26

(ii) demonstration projects which have high potential for
improving coastal zone management, especially at the local
level;
(iii) emergency grants to State coastal zone management
agencies to address unforeseen or disaster-related
circumstances;
(iv) appropriate awards recognizing excellence in coastal
zone management as provided in section 1460 of this title;
and
(v) to provide financial support to coastal states for use for
investigating and applying the public trust doctrine to
implement State management programs approved under
section 1455 of this title.
(vi) Redesignated (v)
(3) Omitted
16 U.S.C. § 1456b. Coastal Zone Enhancement Grants (Section 309)
(a) "Coastal zone enhancement objective" defined
For purposes of this section, the term "coastal zone enhancement objective"
means any of the following objectives:
(1) Protection, restoration, or enhancement of the existing coastal wetlands
base, or creation of new coastal wetlands.
(2) Preventing or significantly reducing threats to life and destruction of
property by eliminating development and redevelopment in high-hazard
areas, managing development in other hazard areas, and anticipating and
managing the effects of potential sea level rise and Great Lakes level rise.
(3) Attaining increased opportunities for public access, taking into account
current and future public access needs, to coastal areas of recreational,
historical, aesthetic, ecological, or cultural value.
(4) Reducing marine debris entering the Nation's coastal and ocean
environment by managing uses and activities that contribute to the entry of
such debris.
(5) Development and adoption of procedures to assess, consider, and
control cumulative and secondary impacts of coastal growth and
development, including the collective effect on various individual uses or
activities on coastal resources, such as coastal wetlands and fishery
resources.
(6) Preparing and implementing special area management plans for
important coastal areas.
(7) Planning for the use of ocean resources.
(8) Adoption of procedures and enforceable policies to help facilitate the
siting of energy facilities and Government facilities and energy-related

27

activities and Government activities which may be of greater than local
significance.
(9) Adoption of procedures and policies to evaluate and facilitate the siting
of public and private aquaculture facilities in the coastal zone, which will
enable States to formulate, administer, and implement strategic plans for
marine aquaculture.
(b) Limits on grants
(1) Subject to the limitations and goals established in this section, the
Secretary may make grants to coastal states to provide funding for
development and submission for Federal approval of program changes that
support attainment of one or more coastal zone enhancement objectives.
(2)
(A) In addition to any amounts provided under section 1455 of this
title, and subject to the availability of appropriations, the Secretary
may make grants under this subsection to States for implementing
program changes approved by the Secretary in accordance with
section 1455(e) of this title.
(B) Grants under this paragraph to implement a program change
may not be made in any fiscal year after the second fiscal year that
begins after the approval of that change by the Secretary.
(c) Evaluation of State proposals by Secretary
The Secretary shall evaluate and rank State proposals for funding under this
section, and make funding awards based on those proposals, taking into account
the criteria established by the Secretary under subsection (d) of this section. The
Secretary 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 benefits 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 regulations 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 consultation with the State) as part of the State's
development and implementation of coastal zone enhancement objectives;
(2) administrative or procedural rules or requirements as necessary to
facilitate the development and implementation of such objectives by
coastal states; and
(3) other funding award criteria as are necessary or appropriate to ensure
that evaluations of proposals, and decisions to award funding, under this
28

section are based on objective 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 section, up to a
maximum of $10,000,000 annually.
(g) Eligibility; suspension of State for noncompliance
If the Secretary finds that the State is not undertaking 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.
16 U.S.C. § 1456c. Technical assistance (Section 310)
(a) The Secretary shall conduct a program of technical assistance and
management-oriented research necessary to support the development and
implementation of State coastal management program amendments under section
1456b of this title, and appropriate to the furtherance of international cooperative
efforts and technical assistance in coastal zone management. Each department,
agency, and instrumentality of the executive branch of the Federal Government
may assist the Secretary, on a reimbursable basis or otherwise, in carrying out the
purposes 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 coordination 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 research and studies conducted
pursuant to this section available to coastal states in the form of technical
assistance publications, workshops, or other means appropriate.

29

(3) The Secretary shall consult with coastal states on a regular basis
regarding the development and implementation of the program established
by this section.
16 U.S.C. § 1457. Public hearings (Section 311)
All public hearings required under this chapter must be announced at least thirty
days prior to the hearing date. At the time of the announcement, 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.
16 U.S.C. § 1458. Review of performance (Section 312)
(a) Evaluation of adherence with terms of grants
The Secretary shall conduct a continuing review of the performance of coastal
states with respect to coastal management. Each review shall include a written
evaluation with an assessment and detailed findings concerning the extent to
which the state has implemented and enforced the program approved by the
Secretary, 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; reports
In evaluating a coastal state's performance, the Secretary shall conduct the
evaluation in an open and public manner, and provide full opportunity for public
participation, including holding 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 placing a notice in the Federal Register, by publication of
timely notices in newspapers of general circulation within the State being
evaluated, and by communications with persons and organizations known to be
interested in the evaluation. Each evaluation shall be prepared in report form and
shall include written responses to the written comments received during the
evaluation process. The final report of the evaluation shall be completed within
120 days after the last public meeting held in the State being evaluated. Copies of
the evaluation shall be immediately provided to all persons and organizations
participating in the evaluation process.
(c) Suspension of financial assistance for noncompliance; notification of
Governor; length of suspension

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(1) The Secretary may suspend payment of any portion of financial
assistance extended to any coastal state under this chapter, and may
withdraw 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 section 1461 of this title, or a portion of the program 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 provides 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
assistance 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 unexpended portion of such assistance, if the Secretary
determines that the coastal state has failed to take the actions referred to in
subsection (c)(2)(A) of this section.
(e) Notice and hearing
Management program approval and financial assistance may not be withdrawn
under subsection (d) of this section, unless the Secretary gives the coastal state
notice of the proposed withdrawal and an opportunity for a public hearing on the
proposed action. Upon the withdrawal of management program approval under
this subsection (d) of this section, 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.
16 U.S.C. § 1459. Records and audit (Section 313)
(a) Maintenance of records by recipients of grants or financial assistance

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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 assistance, the total cost of the project or undertaking 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 examination
The Secretary and the Comptroller General of the United States, or any of their
duly authorized representatives, shall-(1) after any grant is made under this chapter 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 assistance was provided, have access for purposes of
audit and examination 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 financial assistance and which is pertinent for 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.
16 U.S.C. § 1460. Walter B. Jones Excellence in Coastal Zone Management Awards
(Section 314)
(a) Establishment
The Secretary shall, 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), implement a program to
promote excellence in coastal zone management by identifying and
acknowledging outstanding accomplishments in the field.
(b) Annual selection of recipients
The Secretary shall select annually--

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(1) one individual, other than an employee or officer of the Federal
Government, whose contribution to the field of coastal zone management
has been the most significant;
(2) 5 local governments which have made the most progress in developing
and implementing the coastal zone management principles embodied in
this chapter; and
(3) up to 10 graduate students whose academic study promises to
contribute materially to development of new or improved approaches to
coastal zone management.
(c) Solicitation of nominations for local government recipients
In making selections under subsection (b)(2) of this section 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 student recipients
In making selections under subsection (b)(3) of this section the Secretary shall
solicit nominations from coastal states and the National Sea Grant College
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 establish and execute appropriate awards, to
be known as the "Walter B. Jones Awards," including-(1) cash awards in an amount not to exceed $5,000 each;
(2) research grants; and
(3) public ceremonies to acknowledge such awards.
16 U.S.C. § 1461. National Estuarine Research Reserve System (Section 315)
(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 national estuarine reserve under
subsection (b) of this section.

33

Each estuarine sanctuary referred to in paragraph (1) is hereby designated
as a national estuarine reserve.
(b) Designation of national estuarine reserves
After April 7, 1986, the Secretary may designate 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 research and contributes to the biogeographical 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;
(C) designation of the area as a reserve will serve to enhance
public awareness and understanding of estuarine areas, and provide
suitable opportunities for public education and interpretation; and
(D) the coastal state in which the area is located has complied with
the requirements of any regulations issued by the Secretary to
implement this section.
(c) Estuarine research guidelines
The Secretary shall develop guidelines for the conduct of research within the
System that shall include-(1) a mechanism for identifying, and establishing priorities among, the
coastal management issues that should be addressed through coordinated
research within the System;
(2) the establishment of common research principles and objectives to
guide the development of research programs within the System;
(3) the identification of uniform research methodologies which will ensure
comparability of data, the broadest application of research results, and the
maximum use of the System for research purposes;
(4) the establishment of performance standards upon which the
effectiveness of the research efforts and the value of reserves within the
System in addressing the coastal management issues identified in
paragraph (1) may be measured; and
(5) the consideration of additional sources of funds for estuarine research
than the funds authorized under this chapter, and strategies for
encouraging the use of such funds within the System, with particular
emphasis on mechanisms established under subsection (d) of this section.
In developing the guidelines under this section, the Secretary shall consult with

34

prominent members of the estuarine research community.
(d) Promotion and coordination of estuarine research
The Secretary shall take such action as is necessary to promote and coordinate the
use of the System for research purposes including-(1) requiring that the National Oceanic and Atmospheric Administration,
in conducting or supporting estuarine research, give priority consideration
to research that uses the System; and
(2) consulting with other Federal and State agencies to promote use of one
or more reserves within the System by such agencies when conducting
estuarine research.
(e) Financial assistance
(1) The Secretary may, in accordance with such rules and regulations as
the Secretary shall promulgate, make grants-(A) to a coastal state-(i) for purposes of acquiring such lands and waters, and any
property interests therein, as are necessary to ensure the
appropriate long-term management of an area as a national
estuarine reserve,
(ii) for purposes of operating or managing a national
estuarine reserve and constructing appropriate reserve
facilities, or
(iii) for purposes of conducting educational or interpretive
activities; and
(B) to any coastal state or public or private person for purposes of
supporting research and monitoring within a national estuarine
reserve that are consistent with the research guidelines developed
under subsection (c) of this section.
(2) Financial assistance provided under paragraph (1) shall be subject to
such terms and conditions as the Secretary considers necessary or
appropriate to protect the interests of the United States, including
requiring coastal states to execute suitable title documents setting forth the
property interest or interests of the United States in any lands and waters
acquired in whole or part with such financial assistance.
(3)

(A) The amount of the financial assistance provided under
paragraph (1)(A)(i) with respect to the acquisition of lands and
waters, or interests therein, for any one national estuarine reserve
may not exceed an amount equal to 50 percent of the costs of the
lands, waters, and interests therein or $5,000,000, whichever

35

amount is less.
(B) The amount of the financial assistance provided under
paragraph (1)(A)(ii) and (iii) and paragraph (1)(B) may not exceed
70 percent of the costs incurred to achieve the purposes described
in those paragraphs with respect to a reserve; 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.
(C) Notwithstanding subparagraphs (A) and (B), financial
assistance under this subsection provided from amounts recovered
as a result of damage to natural resources located in the coastal
zone may be used to pay 100 percent of the costs of activities
carried out with the assistance.
(f) Evaluation of System performance
(1) The Secretary shall periodically evaluate the operation and
management of each national estuarine reserve, including education and
interpretive activities, and the research being conducted within the reserve.
(2) If evaluation under paragraph (1) reveals that the operation and
management of the reserve is deficient, or that the research being
conducted within the reserve is not consistent with the research guidelines
developed under subsection (c) of this section, the Secretary may suspend
the eligibility of that reserve for financial assistance under subsection (e)
of this section until the deficiency or inconsistency is remedied.
(3) The Secretary may withdraw the designation of an estuarine area as a
national estuarine reserve if evaluation under paragraph (1) reveals that-(A) the basis for any one or more of the findings made under
subsection (b)(2) of this section regarding that area no longer
exists; or
(B) a substantial portion of the research conducted within the area,
over a period of years, has not been consistent with the research
guidelines developed under subsection (c) of this section.
(g) Report
The Secretary shall include in the report required under section 1462 of this title
information regarding-(1) new designations of national estuarine reserves;
(2) any expansion of existing national estuarine reserves;
(3) the status of the research program being conducted within the System;
and
36

(4) a summary of the evaluations made under subsection (f) of this section.
16 U.S.C. § 1462. Coastal Zone Management Reports (Section 316)
(a) Biennial reports
The Secretary shall consult with the Congress on a regular basis concerning the
administration of this chapter and shall prepare and submit to the President for
transmittal to the Congress a report summarizing the administration of this
chapter during each period of two consecutive 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
chapter 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
during the preceding Federal fiscal year; (3) an itemization of the allocation of
funds to the various 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 disapproved, and a statement of the
reasons for such action; (5) a summary of evaluation findings 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 program; (7) a summary of the
regulations issued by the Secretary or in effect during the preceding Federal fiscal
year; (8) a summary of a coordinated national strategy and program for the
Nation's coastal zone including identification 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, environmental, and social
consequences of energy activity affecting the coastal zone and an evaluation of
the effectiveness of financial assistance 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 developed by the coastal
states; (12) a summary and evaluation of the research, studies, and training
conducted in support of coastal zone management; and (13) such other
information as may be appropriate.
(b) Recommendations for legislation
The report required by subsection (a) of this section shall contain such
recommendations for additional legislation as the Secretary deems necessary to
achieve the objectives of this chapter and enhance its effective operation.

37

(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 purposes of
identifying conflicts between the objectives and administration of such
programs and the purposes and policies of this chapter. Not later than 1
year after October 17, 1980, the Secretary 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 report to the Congress
consisting of the information required under paragraph (1) of this
subsection. Such report shall include recommendations for changes
necessary to resolve existing conflicts among Federal laws and programs
that affect the uses of coastal resources.
16 U.S.C. § 1463. Rules and Regulations (Section 317)
The Secretary shall develop and promulgate, pursuant to section 553 of Title 5,
after notice and opportunity for full participation by relevant Federal agencies,
state agencies, local governments, regional organizations, port authorities, and
other interested parties, both public and private, such rules and regulations as may
be necessary to carry out the provisions of this chapter.
16 U.S.C. § 1464. Authorization of appropriations (Section 318)
(a) Sums appropriated to Secretary
There are authorized to be appropriated to the Secretary, to remain available until
expended-(1) for grants under sections 1455, 1455a, and 1456b of this title-(A) $47,600,000 for fiscal year 1997;
(B) $49,000,000 for fiscal year 1998; and
(C) $50,500,000 for fiscal year 1999; and
(2) for grants under section 1461 of this title-(A) $4,400,000 for fiscal year 1997;
(B) $4,500,000 for fiscal year 1998; and
(C) $4,600,000 for fiscal year 1999.
(b) Limitations
Federal funds received from other sources shall not be used to pay a coastal state's
share of costs under section 1455 or 1456b of this title.
(c) Reversion to Secretary of unobligated State funds; availability of funds
38

The amount of any grant, or portion of a grant, made to a State under any section
of this chapter which is not obligated by such State during the fiscal year, or
during the second fiscal year after the fiscal year, for which it was first authorized
to be obligated by such State shall revert to the Secretary. The Secretary shall add
such reverted amount to those funds available for grants under the section for
such reverted amount was originally made available.
16 U.S.C. § 1465. Appeals to the Secretary (Section 319)
(a) Notice
Not later than 30 days after the date of the filing of an appeal to the Secretary of a
consistency determination under section 1456 of this title, the Secretary shall
publish an initial notice in the Federal Register.
(b) Closure of record
(1) In general
Not later than the end of the 160-day period beginning on the date of
publication of an initial notice under subsection (a) of this section, except
as provided in paragraph (3), the Secretary shall immediately close the
decision record and receive no more filings on the appeal.
(2) Notice
After closing the administrative record, the Secretary shall immediately
publish a notice in the Federal Register that the administrative record has
been closed.
(3) Exception
(A) In general
Subject to subparagraph (B), during the 160-day period described
in paragraph (1), the Secretary may stay the closing of the decision
record-(i) for a specific period mutually agreed to in writing by the
appellant and the State agency; or
(ii) as the Secretary determines necessary to receive, on an
expedited basis-(I) any supplemental information specifically
requested by the Secretary to complete a
consistency review under this chapter; or
(II) any clarifying information submitted by a party
to the proceeding related to information in the
39

consolidated record compiled by the lead Federal
permitting agency.
(B) Applicability
The Secretary may only stay the 160-day period described in paragraph
(1) for a period not to exceed 60 days.
(c) Deadline for decision
(1) In general
Not later than 60 days after the date of publication of a Federal Register
notice stating when the decision record for an appeal has been closed, the
Secretary shall issue a decision or publish a notice in the Federal Register
explaining why a decision cannot be issued at that time.
(2) Subsequent decision
Not later than 15 days after the date of publication of a Federal Register
notice explaining why a decision cannot be issued within the 60-day
period, the Secretary shall issue a decision.

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