Coastal Zone Management Act

Coastal Zone Management Act
16 U.S.C. §§1451-1466
Sec.

§ 1451
§ 1452
§ 1453
§ 1454
§ 1455

§ 1455a

[CZMA §302]
Congressional findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §303]
Congressional declaration of policy . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §304]
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §305]
Submittal of State program for approval . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §306]
Administrative grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Authorization; matching funds . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Grants to coastal states; requirements . . . . . . . . . . . . . . . . . . . . .
(c) Allocation of grants to coastal states . . . . . . . . . . . . . . . . . . . . . .
(d) Mandatory adoption of State management program for coastal zone . . . . .
(e) Amendment or modification of State management program for coastal zone .
[CZMA §306A]
Coastal resource improvement program . . . . . . . . . . . . . . . . . . . . . . .
(a) Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Resource management improvement grants . . . . . . . . . . . . . . . . . .
(c) Uses, terms and conditions of grants . . . . . . . . . . . . . . . . . . . . . .
(d) State matching contributions; ratio; maximum amount of grants . . . . . . .
(e) Allocation of grants to local governments and other agencies . . . . . . . . .
(f) Other technical and financial assistance . . . . . . . . . . . . . . . . . . . .

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Protecting coastal waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) In general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Program contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Program submission, approval, and implementation. . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Technical assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Inland coastal zone boundaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) Financial assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) Guidance for coastal nonpoint source pollution control . . . . . . . . . . . . . . . . . . . . . . . .
(h) Authorization of appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §307]
Coordination and cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Federal agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Adequate consideration of views of Federal agencies . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Consistency of Federal activities with State management programs; Presidential exemption; certification
(d) Application of local governments for Federal assistance; relationship of activities with approved
management programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Construction with other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) Construction with existing requirements of water and air pollution programs . . . . . . . . . . . .
(g) Concurrence with programs which affect inland areas. . . . . . . . . . . . . . . . . . . . . . . . .
(h) Mediation of disagreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) Application fee for appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §308]
Coastal Zone Management Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §309]
Coastal zone enhancement grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) “Coastal zone enhancement objective” defined . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Limits on grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Evaluation of State proposals by Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Promulgation of regulations by Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) No State contribution required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) Eligibility; suspension of State for noncompliance . . . . . . . . . . . . . . . . . . . . . . . . . .

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§ 1455b

§ 1456

§ 1456a
§ 1456b

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271

ENVIRONMENTAL LAW DESKBOOK

§ 1456c

[CZMA §310]
Technical assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287

§ 1456d
§ 1457
§ 1458

§ 1459

§ 1460

§ 1461

§ 1462

§ 1463

Coastal and Estuarine Land Conservation Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §311]
Public hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §312]
Review of performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Evaluation of adherence with terms of grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Public participation; notice of meetings; reports . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Suspension of financial assistance for noncompliance; notification of Governor; length of suspension
(d) Withdrawal of approval of program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Notice and hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §313]
Records and audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Maintenance of records by recipients of grants or financial assistance . . . . . . . . . . . . . . . .
(b) Access by Secretary and Comptroller General to records, books, etc., of recipients of grants or
financial assistance for audit and examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §314]
Walter B. Jones excellence in coastal zone management awards . . . . . . . . . . . . . . . . . . . . . .
(a) Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Annual selection of recipients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Solicitation of nominations for local government recipients. . . . . . . . . . . . . . . . . . . . . .
(d) Solicitation of nominations for graduate student recipients . . . . . . . . . . . . . . . . . . . . . .
(e) Funding; types of awards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §315]
National Estuarine Research Reserve System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Establishment of System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Designation of national estuarine reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Estuarine research guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Promotion and coordination of estuarine research . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Financial assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) Evaluation of System performance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §316]
Coastal zone management reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Biennial reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Recommendations for legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Review of other Federal programs; report to Congress . . . . . . . . . . . . . . . . . . . . . . . .
[CZMA §317]
Rules and regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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§ 1463a
Omitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
§ 1463b

§ 1464

§ 1465

272

National Coastal Resources Research and Development Institute . . . . . . .
(a) Establishment by Secretary; administration . . . . . . . . . . . . . . .
(b) Purposes of Institute . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Determination of Institute policies . . . . . . . . . . . . . . . . . . . .
(d) Establishment of Advisory Council; functions and composition . . . .
(e) Administration of Institute . . . . . . . . . . . . . . . . . . . . . . . .
(f) Evaluation of Institute by Secretary . . . . . . . . . . . . . . . . . . .
(g) Report to Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) Access to Institute books, records and documents . . . . . . . . . . . .
(i) Status of Institute employees . . . . . . . . . . . . . . . . . . . . . . .
(j) Authorization of appropriations . . . . . . . . . . . . . . . . . . . . .
[CZMA §318]
Authorization of appropriations . . . . . . . . . . . . . . . . . . . . . . . .
(a) Sums appropriated to Secretary . . . . . . . . . . . . . . . . . . . . .
(b) Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Reversion to Secretary of unobligated State funds; availability of funds
[CZMA §319]
Appeals to the Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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COASTAL ZONE MANAGEMENT ACT

(b) Closure of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
(c) Deadline for decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
§ 1466
Appeals relating to offshore mineral development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292

273

CZMA §302

COASTAL ZONE MANAGEMENT ACT

16 U.S.C. §1451

Coastal Zone Management Act
16 U.S.C. §§1451-1464
§1451.

[CZMA §302]

Congressional findings

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.
(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.
(Pub. L. 89-454, title III, §302, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat.
1280, and amended Pub. L. 94-370, §2, July 26, 1976, 90 Stat. 1013; Pub. L.
96-464, §2, Oct. 17, 1980, 94 Stat. 2060; Pub. L. 101-508, title VI, §6203(a),
Nov. 5, 1990, 104 Stat. 1388-300.)

Short Title Of 2004 Amendment
Pub. L. 108-456, title I, Sec. 101, Dec. 10, 2004, 118 Stat. 3630, provided that:
“This title [enacting and amendment provisions set out as notes under this section]
may be cited as the ‘Harmful Algal Bloom and Hypoxia Amendments Act of
2004’.”
Short Title Of 1996 Amendment
Pub. L. 104-150, Sec. 1, June 3, 1996, 110 Stat. 1380, provided that: “This Act
[enacting section 1465 of this title, amending sections 1454, 1455a, 1456a, 1456b,
1461, and 1464 of this title, and enacting provisions set out as a note under section
1454 of this title] may be cited as the ‘Coastal Zone Protection Act of 1996’.”
Short Title Of 1990 Amendment
Section 6201 of title VI of Pub. L. 101-508 provided that: “This subtitle [subtitle
C (Sec. 6201-6217) of title VI of Pub. L. 101-508, enacting sections 1455b, 1456c,
and 1460 of this title, amending this section and sections 1452 to 1456b, 1458, 1461,
and 1464 of this title, and enacting provisions set out as notes under this section and
section 1455 of this title] may be cited as the ‘Coastal Zone Act Reauthorization
Amendments of 1990’.”
Short Title Of 1986 Amendment
Pub. L. 99-272, title VI, Sec. 6041, Apr. 7, 1986, 100 Stat. 124, provided that:
“This subtitle [subtitle D (Sec. 6041-6047) of title VI of Pub. L. 99-272, amending
sections 1455, 1455a, 1456a, 1458, 1461, and 1464 of this title, repealing sections
1456c and 1460 of this title, and repealing provisions set out as a note under this section] may be cited as the ‘Coastal Zone Managment Reauthorization Act of 1985’.”
Short Title Of 1980 Amendment
Section 1 of Pub. L. 96-464 provided: “That this Act [enacting sections 1455a and
1463a of this title, amending this section and sections 1452, 1453, 1455, 1456a,
1456b, 1458, 1461, 1462, and 1464 of this title, and enacting provisions set out as
notes under sections 1455, 1458, and 1463a of this title] may be cited as the ‘Coastal
Zone Management Improvement Act of 1980’.”
Short Title Of 1976 Amendment
Section 1 of Pub. L. 94-370 provided: “That this Act [enacting section 1511a of
Title 15, Commerce and Trade, and sections 1456a to 1456c of this title, amending
this section, sections 1453 to 1456 and 1457 to 1464 of this title, and section 5316 of
Title 5, Government Organization and Employees, and enacting provisions set out
as notes under section 1511a of Title 15 and section 1462 of this title] may be cited as
the ‘Coastal Zone Management Act Amendments of 1976’.”
Short Title
Section 301 of title III of Pub. L. 89-454, as added by Pub. L. 92-583, provided
that: “This title [enacting this chapter] may be cited as the ‘Coastal Zone Management Act of 1972’.”
Harmful Algal Blooms And Hypoxia Research And Control
Pub. L. 108-456, title I, Sec. 102, Dec. 10, 2004, 118 Stat. 3630, provided in part
that: “In developing the assessments, reports, and plans under the amendments made
by this title [see Short Title of 2004 Amendment note above], the Task Force
[Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia] shall consult
with the coastal States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and
nongovernmental organizations with expertise in coastal zone science and management.”
Pub. L. 105-383, title VI, Nov. 13, 1998, 112 Stat. 3447, as amended by Pub. L.
108-456, title I, Secs. 102-105, Dec. 10, 2004, 118 Stat. 3630-3633, provided that:
“SEC. 601. SHORT TITLE.

“This title may be cited as the ‘Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998’.
“SEC. 602. FINDINGS.

“The Congress finds that—
“(1) the recent outbreak of the harmful microbe Pfiesteria piscicida in the
coastal waters of the United States is one example of potentially harmful algal
blooms composed of naturally occurring species that reproduce explosively and
that are increasing in frequency and intensity in the Nation’s coastal waters;
“(2) other recent occurrences of harmful algal blooms include red tides in the
Gulf of Mexico and the Southeast; brown tides in New York and Texas; ciguatera
fish poisoning in Hawaii, Florida, Puerto Rico, and the United States Virgin Islands; and shellfish poisonings in the Gulf of Maine, the Pacific Northwest, and
the Gulf of Alaska;
“(3) in certain cases, harmful algal blooms have resulted in fish kills, the deaths
of numerous endangered West Indian manatees, beach and shellfish bed closures,
threats to public health and safety, and concern among the public about the safety
of seafood;
“(4) according to some scientists, the factors causing or contributing to harmful
algal blooms may include excessive nutrients in coastal waters, other forms of
pollution, the transfer of harmful species through ship ballast water, and ocean
currents;
“(5) harmful algal blooms may have been responsible for an estimated
$1,000,000,000 in economic losses during the past decade;

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ENVIRONMENTAL LAW DESKBOOK

“(6) harmful algal blooms and blooms of non-toxic algal species may lead to
other damaging marine conditions such as hypoxia (reduced oxygen concentrations), which are harmful or fatal to fish, shellfish, and benthic organisms;
“(7) according to the National Oceanic and Atmospheric Administration in the
Department of Commerce, 53 percent of United States estuaries experience
hypoxia for at least part of the year and a 7,000 square mile area in the Gulf of
Mexico off Louisiana and Texas suffers from hypoxia;
“(8) according to some scientists, a factor believed to cause hypoxia is excessive nutrient loading into coastal waters;
“(9) there is a need to identify more workable and effective actions to reduce
nutrient loadings to coastal waters;
“(10) the National Oceanic and Atmospheric Administration, through its ongoing research, education, grant, and coastal resource management programs, possesses a full range of capabilities necessary to support a near and long-term comprehensive effort to prevent, reduce, and control harmful algal blooms and
hypoxia;
“(11) funding for the research and related programs of the National Oceanic
and Atmospheric Administration will aid in improving the Nation’s understanding and capabilities for addressing the human and environmental costs associated
with harmful algal blooms and hypoxia; and
“(12) other Federal agencies such as the Environmental Protection Agency, the
Department of Agriculture, and the National Science Foundation, along with the
States, Indian tribes, and local governments, conduct important work related to
the prevention, reduction, and control of harmful algal blooms and hypoxia.
“SEC. 603. ASSESSMENTS.

“(a) Establishment of Inter-Agency Task Force.—The President, through the
Committee on Environment and Natural Resources of the National Science and
Technology Council, shall establish an Inter-Agency Task Force on Harmful Algal
Blooms and Hypoxia (hereinafter referred to as the ‘Task Force’). The Task Force
shall consist of the following representatives from—
“(1) the Department of Commerce (who shall serve as Chairman of the Task
Force);
“(2) the Environmental Protection Agency;
“(3) the Department of Agriculture;
“(4) the Department of the Interior;
“(5) the Department of the Navy;
“(6) the Department of Health and Human Services;
“(7) the National Science Foundation;
“(8) the National Aeronautics and Space Administration;
“(9) the Food and Drug Administration;
“(10) the Office of Science and Technology Policy;
“(11) the Council on Environmental Quality; and
“(12) such other Federal agencies as the President considers appropriate.
“(b) Assessment of Harmful Algal Blooms.—
“(1) Not later than 12 months after the date of the enactment of this title [Nov.
13, 1998], the Task Force, in cooperation with the coastal States, Indian tribes, and
local governments, industry (including agricultural organizations), academic institutions, and non-governmental organizations with expertise in coastal zone
management, shall complete and submit to the Congress an assessment which examines the ecological and economic consequences of harmful algal blooms, alternatives for reducing, mitigating, and controlling harmful algal blooms, and the social and economic costs and benefits of such alternatives.
“(2) The assessment shall—
“(A) identify alternatives for preventing unnecessary duplication of effort
among Federal agencies and departments with respect to harmful algal blooms;
and
“(B) provide for Federal cooperation and coordination with and assistance to
the coastal States, Indian tribes, and local governments in the prevention, reduction, management, mitigation, and control of harmful algal blooms and
their environmental and public health impacts.
“(c) Assessment of Hypoxia.—
“(1) Not later than 12 months after the date of the enactment of this title [Nov.
13, 1998], the Task Force, in cooperation with the States, Indian tribes, local governments, industry, agricultural, academic institutions, and non-governmental organizations with expertise in watershed and coastal zone management, shall complete and submit to the Congress an assessment which examines the ecological
and economic consequences of hypoxia in United States coastal waters, alternatives for reducing, mitigating, and controlling hypoxia, and the social and economic costs and benefits of such alternatives.
“(2) The assessment shall—
“(A) establish needs, priorities, and guidelines for a peer-reviewed,
inter-agency research program on the causes, characteristics, and impacts of
hypoxia;
“(B) identify alternatives for preventing unnecessary duplication of effort
among Federal agencies and departments with respect to hypoxia; and
“(C) provide for Federal cooperation and coordination with and assistance to
the States, Indian tribes, and local governments in the prevention, reduction,
management, mitigation, and control of hypoxia and its environmental impacts.
“(d) Report to Congress on Harmful Algal Bloom Impacts.—
“(1) Development.—Not later than 12 months after the date of enactment of
the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 [Dec. 10,
2004], the President, in consultation with the chief executive officers of the States,
shall develop and submit to the Congress a report that describes and evaluates the
effectiveness of measures described in paragraph (2) that may be utilized to pro-

276

CZMA §302

tect environmental and public health from impacts of harmful algal blooms. In developing the report, the President shall consult with the Task Force, the coastal
States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and nongovernmental organizations with expertise in coastal zone science and management, and also consider the scientific assessments developed under this Act.
“(2) Requirements.—The report shall—
“(A) review techniques for prediction of the onset, course, and impacts of
harmful algal blooms including evaluation of their accuracy and utility in protecting environmental and public health and provisions for their development;
“(B) identify innovative research and development methods for the prevention, control, and mitigation of harmful algal blooms and provisions for their
development; and
“(C) include incentive-based partnership approaches regarding subparagraphs (A) and (B) where practicable.
“(3) Publication and opportunity for comment.—At least 90 days before
submitting the report to the Congress, the President shall cause a summary of the
proposed plan to be published in the Federal Register for a public comment period
of not less than 60 days.
“(4) Federal assistance.—The Secretary of Commerce, in coordination with
the Task Force and to the extent of funds available, shall provide for Federal cooperation with and assistance to the coastal States, Indian tribes, and local governments regarding the measures described in paragraph (2), as requested.
“(e) Local and Regional Scientific Assessments.—
“(1) In general.—The Secretary of Commerce, in coordination with the Task
Force and appropriate State, Indian tribe, and local governments, to the extent of
funds available, shall provide for local and regional scientific assessments of
hypoxia and harmful algal blooms, as requested by States, Indian tribes, and local
governments, or for affected areas as identified by the Secretary. If the Secretary
receives multiple requests, the Secretary shall ensure, to the extent practicable,
that assessments under this subsection cover geographically and ecologically diverse locations with significant ecological and economic impacts from hypoxia
or harmful algal blooms. The Secretary shall establish a procedure for reviewing
requests for local and regional assessments. The Secretary shall ensure, through
consultation with Sea Grant Programs, that the findings of the assessments are
communicated to the appropriate State, Indian tribe, and local governments, and
to the general public.
“(2) Purpose.—Local and regional assessments shall examine—
“(A) the causes and ecological consequences, and the economic cost, of
hypoxia or harmful algal blooms in that area;
“(B) potential methods to prevent, control, and mitigate hypoxia or harmful
algal blooms in that area and the potential ecological and economic costs and
benefits of such methods; and
“(C) other topics the Task Force considers appropriate.
“(f) Scientific Assessment of Freshwater Harmful Algal Blooms.—(1) Not
later than 24 months after the date of enactment of the Harmful Algal Bloom and
Hypoxia Amendments Act of 2004 [Dec. 10, 2004] the Task Force shall complete
and submit to Congress a scientific assessment of current knowledge about harmful
algal blooms in freshwater, such as the Great Lakes and upper reaches of estuaries,
including a research plan for coordinating Federal efforts to better understand freshwater harmful algal blooms.
“(2) The freshwater harmful algal bloom scientific assessment shall—
“(A) examine the causes and ecological consequences, and the economic
costs, of harmful algal blooms with significant effects on freshwater, including
estimations of the frequency and occurrence of significant events;
“(B) establish priorities and guidelines for a competitive, peer-reviewed,
merit-based interagency research program, as part of the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) project, to better understand
the causes, characteristics, and impacts of harmful algal blooms in freshwater
locations; and
“(C) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms in freshwater locations.
“(g) Scientific Assessments of Hypoxia.—(1) Not less than once every 5 years
the Task Force shall complete and submit to the Congress a scientific assessment of
hypoxia in United States coastal waters including the Great Lakes. The first such assessment shall be completed not less than 24 months after the date of enactment of
the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 [Dec. 10, 2004].
“(2) The assessments under this subsection shall—
“(A) examine the causes and ecological consequences, and the economic
costs, of hypoxia;
“(B) describe the potential ecological and economic costs and benefits of
possible policy and management actions for preventing, controlling, and mitigating hypoxia;
“(C) evaluate progress made by, and the needs of, Federal research programs
on the causes, characteristics, and impacts of hypoxia, including recommendations of how to eliminate significant gaps in hypoxia modeling and monitoring
data; and
“(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on hypoxia.
“(h) Scientific Assessments of Harmful Algal Blooms.— (1) Not less than once
every 5 years the Task Force shall complete and submit to Congress a scientific assessment of harmful algal blooms in United States coastal waters. The first such assessment shall be completed not later than 24 months after the date of enactment of
the Harmful Algal Bloom and Hypoxia Amendments Act of 2004 [Dec. 10, 2004]

CZMA §302

COASTAL ZONE MANAGEMENT ACT

and shall consider only marine harmful algal blooms. All subsequent assessments
shall examine both marine and freshwater harmful algal blooms, including those in
the Great Lakes and upper reaches of estuaries.
“(2) The assessments under this subsection shall—
“(A) examine the causes and ecological consequences, and economic costs,
of harmful algal blooms;
“(B) describe the potential ecological and economic costs and benefits of
possible actions for preventing, controlling, and mitigating harmful algal
blooms;
“(C) evaluate progress made by, and the needs of, Federal research programs
on the causes, characteristics, and impacts of harmful algal blooms; and
“(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms.
“(i) National Scientific Research, Development, Demonstration, and Technology Transfer Plan on Reducing Impacts From Harmful Algal Blooms.—(1)
Not later than 12 months after the date of enactment of the Harmful Algal Bloom and
Hypoxia Amendments Act of 2004 [Dec. 10, 2004], the Task Force shall develop
and submit to Congress a plan providing for a comprehensive and coordinated national research program to develop and demonstrate prevention, control, and mitigation methods to reduce the impacts of harmful algal blooms on coastal ecosystems
(including the Great Lakes), public health, and the economy.
“(2) The plan shall—
“(A) establish priorities and guidelines for a competitive, peer reviewed,
merit based interagency research, development, demonstration, and technology transfer program on methods for the prevention, control, and mitigation of
harmful algal blooms;
“(B) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to the
actions described in paragraph (1); and
“(C) include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian Pacific Americans, and other
underrepresented populations.
“(3) The Secretary of Commerce, in conjunction with other appropriate Federal
agencies, shall establish a research, development, demonstration, and technology
transfer program that meets the priorities and guidelines established under paragraph (2)(A). The Secretary shall ensure, through consultation with Sea Grant
Programs, that the results and findings of the program are communicated to State,
Indian tribe, and local governments, and to the general public.
“SEC. 604. NORTHERN GULF OF MEXICO HYPOXIA.

“(a) Assessment Report.—Not later than May 30, 1999, the Task Force shall
complete and submit to Congress and the President an integrated assessment of
hypoxia in the northern Gulf of Mexico that examines: the distribution, dynamics,
and causes; ecological and economic consequences; sources and loads of nutrients
transported by the Mississippi River to the Gulf of Mexico; effects of reducing nutrient loads; methods for reducing nutrient loads; and the social and economic costs
and benefits of such methods.
“(b) Submission of a Plan.—No later than March 30, 2000, the President, in conjunction with the chief executive officers of the States, shall develop and submit to
Congress a plan, based on the integrated assessment submitted under subsection (a),
for reducing, mitigating, and controlling hypoxia in the northern Gulf of Mexico. In
developing such plan, the President shall consult with State, Indian tribe, and local
governments, academic, agricultural, industry, and environmental groups and representatives. Such plan shall include incentive-based partnership approaches. The
plan shall also include the social and economic costs and benefits of the measures for
reducing, mitigating, and controlling hypoxia. At least 90 days before the President
submits such plan to the Congress, a summary of the proposed plan shall be published in the Federal Register for a public comment period of not less than 60 days.
“SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated to the Secretary of Commerce for research, education, and monitoring activities related to the prevention, reduction, and
control of harmful algal blooms and hypoxia, $15,000,000 for fiscal year 1999,
$18,250,000 for fiscal year 2000, $19,000,000 for fiscal year 2001, $23,500,000 for
fiscal year 2005, $24,500,000 for fiscal year 2006, $25,000,000 for fiscal year 2007,
and $25,500,000 for fiscal year 2008, to remain available until expended. The Secretary shall consult with the States on a regular basis regarding the development and
implementation of the activities authorized under this section. Of such amounts for
each fiscal year—
“(1) $1,500,000 for fiscal year 1999, $1,500,000 for fiscal year 2000,
$2,000,000 for fiscal year 2001, and $2,500,000 for each of fiscal years 2005
through 2008 may be used to enable the National Oceanic and Atmospheric Administration to carry out research and assessment activities, including procurement of necessary research equipment, at research laboratories of the National
Ocean Service and the National Marine Fisheries Service;
“(2) $4,000,000 for fiscal year 1999, $5,500,000 for fiscal year 2000,
$5,500,000 for fiscal year 2001, and $6,500,000, of which $1,000,000 shall be
used for the research program described in section 603(f)(2)(B), for each of fiscal
years 2005 through 2008 may be used to carry out the Ecology and Oceanography
of Harmful Algal Blooms (ECOHAB) project under the Coastal Ocean Program
established under section 201(c) of Public Law 102-567 [106 Stat. 4280];
“(3) $1,000,000 for fiscal year 1999, $2,000,000 for fiscal year 2000,
$2,000,000 for fiscal year 2001, and $3,000,000 for each of fiscal years 2005
through 2008 may be used by the National Ocean Service of the National Oceanic
and Atmospheric Administration to carry out a peer-reviewed research project on

16 U.S.C. §1451

management measures that can be taken to prevent, reduce, control, and mitigate
harmful algal blooms and to carry out section 603(d);
“(4) $5,500,000 for each of the fiscal years 1999, 2000, 2001, and $6,000,000
for each of fiscal years 2005 through 2008 may be used to carry out Federal and
State annual monitoring and analysis activities for harmful algal blooms administered by the National Ocean Service of the National Oceanic and Atmospheric
Administration;
“(5) $3,000,000 for fiscal year 1999, $3,750,000 for fiscal year 2000,
$4,000,000 for fiscal year 2001, $4,000,000 for fiscal year 2005, $5,000,000 for
fiscal year 2006, $5,500,000 for fiscal year 2007, and $6,000,000 for fiscal year
2008 may be used for activities related to research and monitoring on hypoxia by
the National Ocean Service and the Office of Oceanic and Atmospheric Research
of the National Oceanic and Atmospheric Administration; and
“(6) $1,500,000 for each of fiscal years 2005 through 2008 to carry out section
603(e).
“SEC. 606. PROTECTION OF STATES' RIGHTS.

“(a) Nothing in this title shall be interpreted to adversely affect existing State regulatory or enforcement power which has been granted to any State through the Clean
Water Act [33 U.S.C. 1251 et seq.] or Coastal Zone Management Act of 1972 [16
U.S.C. 1451 et seq.].
“(b) Nothing in this title shall be interpreted to expand the regulatory or enforcement power of the Federal Government which has been delegated to any State
through the Clean Water Act or Coastal Zone Management Act of 1972.”
Findings And Purpose Of Coastal Zone Act Reauthorization Amendments
Of 1990
Section 6202 of Pub. L. 101-508 provided that:
“(a) Findings.—Congress finds and declares the following:
“(1) Our oceans, coastal waters, and estuaries constitute a unique resource. The
condition of the water quality in and around the coastal areas is significantly declining. Growing human pressures on the coastal ecosystem will continue to degrade this resource until adequate actions and policies are implemented.
“(2) Almost one-half of our total population now lives in coastal areas. By
2010, the coastal population will have grown from 80,000,000 in 1960 to
127,000,000 people, an increase of approximately 60 percent, and population
density in coastal counties will be among the highest in the Nation.
“(3) Marine resources contribute to the Nation’s economic stability. Commercial and recreational fishery activities support an industry with an estimated value
of $12,000,000,000 a year.
“(4) Wetlands play a vital role in sustaining the coastal economy and environment. Wetlands support and nourish fishery and marine resources. They also protect the Nation’s shores from storm and wave damage. Coastal wetlands contribute an estimated $5,000,000,000 to the production of fish and shellfish in the
United States coastal waters. Yet, 50 percent of the Nation’s coastal wetlands have
been destroyed, and more are likely to decline in the near future.
“(5) Nonpoint source pollution is increasingly recognized as a significant factor in coastal water degradation. In urban areas, storm water and combined sewer
overflow are linked to major coastal problems, and in rural areas, run-off from agricultural activities may add to coastal pollution.
“(6) Coastal planning and development control measures are essential to protect coastal water quality, which is subject to continued ongoing stresses. Currently, not enough is being done to manage and protect our coastal resources.
“(7) Global warming results from the accumulation of man-made gases, released into the atmosphere from such activities as the burning of fossil fuels, deforestation, and the production of chlorofluorocarbons, which trap solar heat in
the atmosphere and raise temperatures worldwide. Global warming could result
in significant global sea level rise by 2050 resulting from ocean expansion, the
melting of snow and ice, and the gradual melting of the polar ice cap. Sea level rise
will result in the loss of natural resources such as beaches, dunes, estuaries, and
wetlands, and will contribute to the salinization of drinking water supplies. Sea
level rise will also result in damage to properties, infrastructures, and public
works. There is a growing need to plan for sea level rise.
“(8) There is a clear link between coastal water quality and land use activities
along the shore. State management programs under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) are among the best tools for protecting
coastal resources and must play a larger role, particularly in improving coastal
zone water quality.
“(9) All coastal States should have coastal zone management programs in place
that conform to the Coastal Zone Management Act of 1972, as amended by this
Act.
“(b) Purpose.—It is the purpose of Congress in this subtitle [see Short Title of
1990 Amendment note above] to enhance the effectiveness of the Coastal Zone
Management Act of 1972 [16 U.S.C. 1451 et seq.] by increasing our understanding
of the coastal environment and expanding the ability of State coastal zone management programs to address coastal environmental problems.”
Establishment Of Positions And Findings Of Compensation By Secretary Of
Commerce; Appointments
Section 15(c) of Pub. L. 94-370 related to establishment and compensation of four
new positions without regard to the provisions of chapter 51 of Title 5, Government
Organization and Employees, prior to repeal by Pub. L. 99-272, title VI, Sec.
6045(3), Apr. 7, 1986, 100 Stat. 127.
Territorial Sea Of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a
note under section 1331 of Title 43, Public Lands.

277

16 U.S.C. §1452

§1452.

ENVIRONMENTAL LAW DESKBOOK

[CZMA §303]

Congressional declaration of policy

The Congress finds and declares that it is the national policy—
(1) to preserve, protect, develop, and where possible, to restore or
enhance, the resources of the Nation’s coastal zone for this and 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,
flood plains, 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
(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,
278

CZMA §303

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.
(Pub. L. 89-454, title III, §303, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat.
1281, and amended Pub. L. 96-464, §3, Oct. 17, 1980, 94 Stat. 2060; Pub. L.
101-508, title VI, §6203(b), Nov. 5, 1990, 104 Stat. 1388-301; Pub. L. 102-587,
title II, §2205(b)(2), Nov. 4, 1992, 106 Stat. 5050.)

§1453. [CZMA §304]
Definitions

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) [48 U.S.C. 731 et
seq.], 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. 1681
note), 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 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

CZMA §305

COASTAL ZONE MANAGEMENT ACT

gas, or coal (including, but not limited to, by means of any
deepwater port, as defined in section 1502(10)1 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 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 308(b).
(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
1.

16 U.S.C. §1455

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.
(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.
(Pub. L. 89-454, title III, §304, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat.
1281, and amended Pub. L. 94-370, §3, July 26, 1976, 90 Stat. 1013; Pub. L.
96-464, §4, Oct. 17, 1980, 94 Stat. 2061; Pub. L. 101-508, title VI, §6204, Nov.
5, 1990, 104 Stat. 1388-302; Pub. L. 102-587, §2205(b), Nov. 4, 1992, 106 Stat.
5050, 5051.)
References In Text
The Submerged Lands Act, referred to in par. (1), is act May 22, 1953, ch. 65, 67
Stat. 29, as amended, which is classified generally to subchapters I and II (Secs.
1301 et seq., 1311 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of
Title 43 and Tables.
Act of March 2, 1917, referred to in par. (1), is act Mar. 2, 1917, ch. 145, 39 Stat.
951, as amended, known as the Puerto Rican Federal Relations Act and also as the
Jones Act, which is classified principally to chapter 4 (Sec. 731 et seq.) of Title 48,
Territories and Insular Possessions. Section 8 of the Act is classified to section 749
of Title 48. For complete classification of this Act to the Code, see Short Title note
set out under section 731 of Title 48 and Tables.
Act of March 24, 1976, referred to in par. (1), is Pub. L. 94-241, Mar. 24, 1976, 90
Stat. 263, as amended, which is classified generally to subchapter I (Sec. 1801 et
seq.) of chapter 17 of Title 48. The Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of America is set
out as a note under section 1801 of Title 48. For complete classification of this Act to
the Code, see Tables.
Section 1 of the Act of November 20, 1963, referred to in par. (1), is section 1 of
Pub. L. 88-183, Nov. 20, 1963, 77 Stat. 338, which was classified to section 1701 of
Title 48, and was repealed by Pub. L. 93-435, Sec. 5, Oct. 5, 1974, 88 Stat. 1212. See
section 1705 of Title 48.
Section 1502 of title 33, referred to in par. (5)(iii), was subsequently amended,
and section 1502(10) no longer defines the term “deepwater port”. However, such
term is defined elsewhere in that section.
Termination Of Trust Territory Of The Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
section 1681 of Title 48, Territories and Insular Possessions.

§1454. [CZMA §305]
Submittal of State program for approval

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.
(Pub. L. 89-454, title III, §305, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat.
1282; amended Pub. L. 93-612, §1(1), Jan. 2, 1975, 88 Stat. 1974; Pub. L.
94-370, §4, July 26, 1976, 90 Stat. 1015; Pub. L. 101-508, title VI, §6205, Nov.
5, 1990, 104 Stat. 1388-302; Pub. L. 102-587, title II, §2205(b)(1)(A), Nov. 4,
1992, 106 Stat. 5050; Pub. L. 104-150, §2(a), (b)(1), June 3, 1996, 110 Stat.
1380.)
Effective Date Of 1996 Amendment
Section 2(b)(3) of Pub. L. 104-150 provided that: “This subsection [amending
this section and section 1456a of this title] shall take effect on October 1, 1999.”

See References in Text note below.

279

16 U.S.C. §1455

§1455.

ENVIRONMENTAL LAW DESKBOOK

[CZMA §306]

Administrative grants

(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 Federalto-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
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 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,
2.

280

So in original. Probably should be followed by a comma.

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.
(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 acccordance with the management program. Such
authority shall include power—
(A) to administer land use and water use regulations to control
development2 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 combi-

COASTAL ZONE MANAGEMENT ACT
nation 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.
(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.
(Pub. L. 89-454, title III, §306, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat.
1283, and amended Pub. L. 93-612, §1(2), Jan. 2, 1975, 88 Stat. 1974; Pub. L.
94-370, §5, July 26, 1976, 90 Stat. 1017; Pub. L. 96-464, §5(a), Oct. 17, 1980,
94 Stat. 2062; Pub. L. 99-272, title VI, §6043(b)(1), (c), Apr. 7, 1986, 100 Stat.

16 U.S.C. §1455a

124, 125; Pub. L. 101-508, title VI, §6206(a), Nov. 5, 1990, 104 Stat.
1388-303; Pub. L. 102-587, §2205(b)(1)(A), Nov. 4, 1992, 106 Stat. 5050,
5051.)
References In Text
The National Environmental Policy Act of 1969, referred to in subsec. (e)(2), is
Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally
to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Effective Date Of 1980 Amendment
Section 5(b) of Pub. L. 96-464 provided that: “The amendments made by subsection (a)(1) and (2) of this section [amending this section] apply with respect to grants
made after September 30, 1980, under section 306 of the Coastal Zone Management
Act of 1972 (this section) and, within two hundred and seventy days after such date,
the Secretary of Commerce shall issue regulations relating to the administration of
subsection (a) of such section 306 (as so amended by such subsection (a)(1).”
Additional Program Requirements
Section 6206(b) of title VI of Pub. L. 101-508 provided that:
“Each State which submits a management program for approval under section
306 of the Coastal Zone Management Act of 1972 [16 U.S.C. 1455], as amended by
this subtitle (including a State which submitted a program before the date of enactment of this Act [Nov. 5, 1990]), shall demonstrate to the Secretary—
“(1) that the program complies with section 306(d)(14) and (15) of that Act, by
not later than 3 years after the date of the enactment of this Act; and
“(2) that the program complies with section 306(d)(16) of that Act, by not later
than 30 months after the date of publication of final guidance under section
6217(g) of this Act [16 U.S.C. 1455b(g)].”

§1455a. [CZMA §306A]
Coastal resource improvement program

(a) Definitions
For purposes of this section—
(1) The term “eligible coastal state” means a coastal state that for
any fiscal year for which a grant is applied for under this 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 303(2)(A) through (K).
(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 pursuent to section 306(d)(2)(C) 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 306(d)(2)(G).
(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—
(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
281

16 U.S.C. §1455b

ENVIRONMENTAL LAW DESKBOOK

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.
(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.
(Pub. L. 89-454, title II, §306A, as added Pub. L. 96-464, §6, Oct. 17, 1980, 94
Stat. 2062, and amended Pub. L. 99-272, title VI, §6043(b)(2), Apr. 7, 1986,
100 Stat. 124; Pub. L. 101-508, title VI, §6207, 6216(a), Nov. 5, 1990, 104 Stat.
1388-307, 1388-314; Pub. L. 102-587, §2205(b), Nov. 4, 1992, 106 Stat. 5050,
5051; Pub. L. 104-150, §7(1), June 3, 1996, 110 Stat. 1381.)

§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 (16 U.S.C. 1455) 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 re282

CZMA §306A

store 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 (16 U.S.C. 1451 et seq.). 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
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.
(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.

CZMA §306A

COASTAL ZONE MANAGEMENT ACT

(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 (16 U.S.C. 1455).
(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
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 (16
U.S.C. 1455), 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
(4) methods to predict and assess the effects of coastal land use

16 U.S.C. §1455b

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 [16 U.S.C. 1455], 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 [16 U.S.C.
1455], 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
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 [16
U.S.C. 1455(c)], 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.
283

16 U.S.C. §1456

ENVIRONMENTAL LAW DESKBOOK

(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
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)3 of the Coastal Zone Management Act of 1972, as amended by this Act [16 U.S.C.
1464(a)(4)], 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
[16 U.S.C. 1451 et seq.];
(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 [16 U.S.C. 1455(d)(6)];
(5) the term “land use” includes a use of waters adjacent to
coastal waters; and
(6) the term “Secretary” means the Secretary of Commerce.
(Pub. L. 101-508, title VI, §6217, Nov. 5, 1990, 104 Stat. 1388-314; Pub. L.
102-587, §2205(b)(24), Nov. 4, 1992, 106 Stat. 5052.)
References In Text
The Coastal Zone Management Act of 1972, referred to in subsecs. (a)(2) and
(i)(3), is title III of Pub. L. 89-454 as added by Pub. L. 92-583, Oct. 27, 1972, 86 Stat.
1280, as amended, which is classified generally to this chapter (Sec. 1451 et seq.).
For complete classification of this Act to the Code, see Short Title note set out under
section 1451 of this title and Tables.
This Act, referred to in subsecs. (a)(2) and (c)(2)(B), is Pub. L. 101-508, Nov. 5,
1990, 104 Stat. 1388, known as the Omnibus Budget Reconciliation Act of 1990. For
complete classification of this Act to the Code, see Tables.
Section 318(a) of the Coastal Zone Management Act of 1972, referred to in
subsec. (h)(2)(A), which is classified to section 1464(a) of this title, was amended by

3.

284

See References in Text note below.

CZMA §307

Pub. L. 104-150, Sec. 4(1), June 3, 1996, 110 Stat. 1381, and, as so amended, does
not contain a par. (4).
Codification
Section was enacted as part of the Coastal Zone Act Reauthorization Amendments of 1990 and also as part of the Omnibus Budget Reconciliation Act of 1990,
and not as part of the Coastal Zone Management Act of 1972 which comprises this
chapter.

§1456. [CZMA §307]
Coordination and cooperation

(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
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

CZMA §307

COASTAL ZONE MANAGEMENT ACT

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 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 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 as-

16 U.S.C. §1456

sistance 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 [33 U.S.C. 1251 et
seq.], or the Clean Air Act, as amended [42 U.S.C. 7401 et seq.], or (2)
established by the Federal Government or by any state or 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 neces285

16 U.S.C. §1456a

ENVIRONMENTAL LAW DESKBOOK

sary 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.
(3) Fees collected under this subsection shall be deposited into
the Coastal Zone Management Fund established under section 308.
(Pub. L. 89-454, title III, §307, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat.
1285, and amended Pub. L. 94-370, §6, July 26, 1976, 90 Stat. 1018; Pub. L.
95-372, title V, §504, Sept. 18, 1978, 92 Stat. 693; Pub. L. 101-508, title VI,
§6208, Nov. 5, 1990, 104 Stat. 1388-307; Pub. L. 102-587, §2205(b)(13), (14),
Nov. 4, 1992, 106 Stat. 5051.)

CZMA §308

(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.

References In Text
The Outer Continental Shelf Lands Act, referred to in subsec. (c)(3)(B), is act
Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is classified generally to
subchapter III (Sec. 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section
1331 of Title 43 and Tables.
The Federal Water Pollution Control Act, referred to in subsec. (f), is act June 30,
1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86
Stat. 816, which is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classification of this Act to the
Code, see Short Title note set out under section 1251 of Title 33 and Tables.
The Clean Air Act, referred to in subsec. (f), is act July 14, 1955, ch. 360, 69 Stat.
322, as amended, which is classified generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 7401 of Title 42 and Tables.

(Pub. L. 89-454, title III, §308, as added Pub. L. 94-370, §7, July 26, 1976, 90
Stat. 1019, and amended Pub. L. 95-372, title V, §501, 503(a)-(d), Sept. 18,
1978, 92 Stat. 690, 692, 693; Pub. L. 96-464, §7, Oct. 17, 1980, 94 Stat. 2064;
Pub. L. 99-272, title VI, §6047, Apr. 7, 1986, 100 Stat. 128; Pub. L. 101-508, title VI, §6209, Nov. 5, 1990, 104 Stat. 1388-308; Pub. L. 102-587, §2205(b),
Nov. 4, 1992, 106 Stat. 5050, 5052; Pub. L. 104-150, §§2(b)(2), 5, June 3,
1996, 110 Stat. 1380, 1381.)

Codification
In subsec. (d), “section 6506 of title 31” substituted for “title IV of the Intergovernmental Coordination (Cooperation) Act of 1968 (42 U.S.C. 4231 et seq.)” on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section
of which enacted Title 31, Money and Finance.

Effective Date Of 1996 Amendment
Amendment by section 2(b)(2) of Pub. L. 104-150 effective Oct. 1, 1999, see section 2(b)(3) of Pub. L. 104-150, set out as a note under section 1454 of this title.

§1456a.

[CZMA §308]

Coastal Zone Management Fund

(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
307(i)(3).
(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 title, 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 title
for the fiscal year.
(B) After use under subparagraph (A)—
(i) projects to address management issues which are regional in scope, including interstate projects;
286

Codification
Subsec. (b)(3) of this section, which required the Secretary to transmit to Congress an annual report of the Fund, including the balance of the Fund and an itemization of all deposits into and disbursements from the Fund, terminated, effective May
15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance. See also page 143 of House Document No. 103-7.

Extension Of Authority To Make Loans Under Subsection (d)(1)
Pub. L. 99-626, Sec. 6, Nov. 7, 1986, 100 Stat. 3506, provided that: “The authority
of the Secretary of Commerce to make loans under paragraph (1) of subsection (d) of
section 308 of the Coastal Zone Management Act of 1972 (Public Law 92-583, 16
U.S.C. 1451, et seq.) as amended [16 U.S.C. 1456a(d)(1)], shall extend to September 30, 1987, for loans made to eligible States or units pursuant to and in accord with
agreements entered into between the Secretary and any State prior to September 30,
1986, that provided for a total sum of loans to be made to that State or its units, but
such loan authority shall be limited to $7,000,000.”

§1456b. [CZMA §309]
Coastal zone enhancement grants

(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 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.

CZMA §310

COASTAL ZONE MANAGEMENT ACT

(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 306,
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
306(e).
(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 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.
(Pub. L. 89-454, title III, §309, as added Pub. L. 94-370, §8, July 26, 1976, 90
Stat. 1028, and amended Pub. L. 96-464, §8, Oct. 17, 1980, 94 Stat. 2064; Pub.
L. 101-508, title VI, §6210, Nov. 5, 1990, 104 Stat. 1388-309; Pub. L. 102-587,
§2205(b)(1)(B), Nov. 4, 1992, 106 Stat. 5050; Pub. L. 104-150, §§3, 7(2), June
3, 1996, 110 Stat. 1380, 1382.)
Codification
November 5, 1990, referred to in subsec. (d), was in the original “the date of enactment of this section”, and was translated as meaning the date of enactment of section
6210 of Pub. L. 101-508, which amended this section generally, to reflect the probable intent of Congress.

§1456c.

[CZMA §310]

Technical assistance

(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 in-

16 U.S.C. §1457

strumentality 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.
(3) The Secretary shall consult with coastal states on a regular basis regarding the development and implementation of the program
established by this section.
(Pub. L. 89-454, title III, §310, as added Pub. L. 101-508, title VI, §6211, Nov.
5, 1990, 104 Stat. 1388-311.)
Prior Provisions
A prior section 1456c, Pub. L. 89-454, title III, Sec. 310, as added Pub. L. 94-370,
Sec. 9, July 26, 1976, 90 Stat. 1029, which related to research and technical assistance for coastal zone management, was repealed by Pub. L. 99-272, title VI, Sec.
6045(1), Apr. 7, 1986, 100 Stat. 127.

§1456d.
Coastal and Estuarine Land Conservation Program

The Secretary shall establish a Coastal and Estuarine Land Conservation Program, for the purpose of protecting important coastal and
estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion
from their natural or recreational state to other uses: Provided further,
That by September 30, 2002, the Secretary shall issue guidelines for
this program delineating the criteria for grant awards: Provided further, That the Secretary shall distribute these funds in consultation
with the States’ Coastal Zone Managers’ or Governors’ designated
representatives based on demonstrated need and ability to successfully leverage funds, and shall give priority to lands which can be effectively managed and protected and which have significant ecological value: Provided further, That grants funded under this program
shall require a 100 percent match from other sources.
(Pub. L. 107-77, title II, Nov. 28, 2001, 115 Stat. 776.)
Codification
Section was enacted as part of the Department of Commerce and Related
Agencies Appropriations Act, 2002, and also as part of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act,
2002, and not as part of the Coastal Zone Management Act of 1972 which comprises
this chapter.
Similar Provisions
Pub. L. 108-7, div. B, title II, Feb. 20, 2003, 117 Stat. 75, provided in part: “That
the Secretary shall establish a Coastal and Estuarine Land Conservation Program,
for the purpose of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are
threatened by conversion from their natural or recreational state to other uses”.

§1457. [CZMA §311]
Public hearings

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.
(Pub. L. 89-454, title III, §311, formerly §308, as added Pub. L. 92-583, Oct.
27, 1972, 86 Stat. 1287, and renumbered §311, Pub. L. 94-370, §7, July 26,
1976, 90 Stat. 1019.)

287

16 U.S.C. §1458

§1458.

ENVIRONMENTAL LAW DESKBOOK

[CZMA §312]

Review of performance

(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
(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.
(Pub. L. 89-454, title III, §312, formerly §309, as added Pub. L. 92-583, Oct.
27, 1972, 86 Stat. 1287, renumbered §312 and amended Pub. L. 94-370, §7, 10,
July 26, 1976, 90 Stat. 1019, 1029; Pub. L. 96-464, §9(a), Oct. 17, 1980, 94

288

CZMA §312

Stat. 2065; Pub. L. 99-272, title VI, §6043(a), Apr. 7, 1986, 100 Stat. 124; Pub.
L. 101-508, title VI, §6212, 6216(b), Nov. 5, 1990, 104 Stat. 1388-311, 1388314; Pub. L. 102-587, §2205(b)(1), Nov. 4, 1992, 106 Stat. 5050.)
Regulations
Section 9(b) of Pub. L. 96-464 provided that: “Within two hundred and seventy
days after the date of the enactment of this Act [Oct. 17, 1980], the Secretary of
Commerce shall issue such regulations as may be necessary or appropriate to administer section 312 of the Coastal Zone Management Act of 1972 (as amended by subsection (a) of this section) [this section].”

§1459. [CZMA §313]
Records and audit

(a) Maintenance of records by recipients of grants or financial
assistance
Each recipient of a grant under this chapter or of financial assistance under section 1456a of this title, as in effect before the date of the
enactment of the Coastal Zone Act Reauthorization Amendments of
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, as in effect before the date
of the enactment of the Coastal Zone Act Reauthorization Amendments of 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.
(Pub. L. 89-454, title III, §313, formerly §310, as added Pub. L. 92-583, Oct.
27, 1972, 86 Stat. 1287, renumbered §313 and amended Pub. L. 94-370, §7, 11,
July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 102-587, §2205(b)(19), Nov. 4,
1992, 106 Stat. 5052.)

§1460. [CZMA §314]
Walter B. Jones excellence in coastal zone management awards

(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 title (other than amounts appropriated to
carry out sections 305, 306, 306A, 309, 310, and 315), 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 elect annually—
(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 Sec-

CZMA §315

COASTAL ZONE MANAGEMENT ACT

retary 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 title (other than amounts appropriated to carry out sections 305,
306, 306A, 309, 310, and 315), 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.
(Pub. L. 89-454, title III, §313, as added Pub. L. 101-508, title VI, §6213, Nov.
5, 1990, 104 Stat. 1388-312; Pub. L. 102-587, §2205(b)(20), Nov. 4, 1992, 106
Stat. 5052.)
Prior Provisions
A prior section 1460, Pub. L. 89-454, title III, Sec. 314, formerly Sec. 311, as
added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1287, and renumbered Sec. 314, Pub.
L. 94-370, Sec. 7, July 26, 1976, 90 Stat. 1019, which related to establishment, etc.,
of Coastal Zone Management Advisory Committee, was repealed by Pub. L. 99272, title VI, Sec. 6045(2), Apr. 7, 1986, 100 Stat. 127.

§1461.

[CZMA §315]

National Estuarine Research Reserve System

(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.
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

16 U.S.C. §1461

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 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 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 assis289

16 U.S.C. §1462

ENVIRONMENTAL LAW DESKBOOK

tance 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
(4) a summary of the evaluations made under subsection (f) of
this section.
(Pub. L. 89-454, title III, §315, formerly §312, as added Pub. L. 92-583, Oct.
27, 1972, 86 Stat. 1288, renumbered §315 and amended Pub. L. 94-370, §7, 12,
July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 96-464, §11, Oct. 17, 1980, 94 Stat.
2067; Pub. L. 99-272, title VI, §6044, Apr. 7, 1986, 100 Stat. 125; Pub. L.
101-508, title VI, §6214, Nov. 5, 1990, 104 Stat. 1388-313; Pub. L. 102-587,
§2205(b), Nov. 4, 1992, 106 Stat. 5050, 5052; Pub. L. 104-150, §6, June 3,
1996, 110 Stat. 1381.)

§1462.

[CZMA §316]

Coastal zone management reports

(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 actions; (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 312; (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
290

CZMA §316

deems necessary to achieve the objectives of this chapter and enhance
its effective operation.
(c) Review of other Federal programs; report to Congress
(1) The Secretary shall conduct a systematic review of Federal
programs, other than this chapter, that affect coastal resources for
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.
(Pub. L. 89-454, title III, §316, formerly §313, as added Pub. L. 92-583, Oct.
27, 1972, 86 Stat. 1288, renumbered §316 and amended Pub. L. 94-370, §7, 13,
July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 96-464, §10, Oct. 17, 1980, 94 Stat.
2066; Pub. L. 102-587, §2205(b)(23), Nov. 4, 1992, 106 Stat. 5052.)
Termination Of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to transmittal to Congress of a biennial report summarizing the administration of this chapter, see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and page 53 of House Document No. 103-7.
Shellfish Sanitation
Section 16 of Pub. L. 94-370 provided that:
“(a) The Secretary of Commerce shall—
“(1) undertake a comprehensive review of all aspects of the molluscan shellfish
industry, including, but not limited to, the harvesting, processing, and transportation of such shellfish; and
“(2) evaluate the impact of Federal law concerning water quality on the molluscan shellfish industry.
The Secretary of Commerce shall, not later than April 30, 1977, submit a report to
the Congress of the findings, comments, and recommendations (if any) which result
from such review and evaluation.
“(b) The Secretary of Health, Education, and Welfare [now Health and Human
Services] shall not promulgate final regulations concerning the national shellfish
safety program before June 30, 1977. At least 60 days prior to the promulgation of
any such regulations, the Secretary of Health, Education, and Welfare, in consultation with the Secretary of Commerce, shall publish an analysis (1) of the economic
impact of such regulations on the domestic shellfish industry, and (2) the cost of such
national shellfish safety program relative to the benefits that it is expected to
achieve.”

§1463. [CZMA §317]
Rules and regulations

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.
(Pub. L. 89-454, title III, §317, formerly §314, as added Pub. L. 92-583, Oct.
27, 1972, 86 Stat. 1288, and renumbered §317, Pub. L. 94-370, §7, July 26,
1976, 90 Stat. 1019.)

§1463a.
Omitted
Codification
Section, Pub. L. 96-464, Sec. 12(a)-(g), Oct. 17, 1980, 94 Stat. 2067; Pub. L. 98620, title IV, Sec. 402(20), Nov. 8, 1984, 98 Stat. 3358, which required the Secretary
of Commerce to submit to Congress any final rule promulgated pursuant to this
chapter and provided procedures for Congressional disapproval of such rules was
omitted pursuant to section 12(h) of Pub. L. 96-464, which provided that this section
would cease to have any force or effect after Sept. 30, 1985.

§1463b.
National Coastal Resources Research and Development
Institute

(a) Establishment by Secretary; administration
The Secretary of Commerce shall provide for the establishment of a
National Coastal Resources Research and Development Institute

CZMA §318

COASTAL ZONE MANAGEMENT ACT

(hereinafter in this section referred to as the “Institute”) to be administered by the Oregon State Marine Science Center.
(b) Purposes of Institute
The Institute shall conduct research and carry out educational and
demonstration projects designed to promote the efficient and responsible development of ocean and coastal resources, including arctic resources. Such projects shall be based on biological, geological, genetic,
economic and other scientific research applicable to the purposes of this
section and shall include studies on the economic diversification and
environmental protection of the Nation’s coastal areas.
(c) Determination of Institute policies
(1) The policies of the Institute shall be determined by a Board of
Governors composed of—
(A) two representatives appointed by the Governor of Oregon;
(B) one representative appointed by the Governor of Alaska;
(C) one representative appointed by the Governor of
Washington;
(D) one representative appointed by the Governor of California; and
(E) one representative appointed by the Governor of Hawaii.
(2) Such policies shall include the selection, on a nationally competitive basis, of the research, projects, and studies to be supported by
the Institute in accordance with the purposes of this section.
(d) Establishment of Advisory Council; functions and
composition
(1) The Board of Governors shall establish an Advisory Council
composed of specialists in ocean and coastal resources from the
academic community.
(2) To the maximum extent practicable, the Advisory Council
shall be composed of such specialists from every coastal region of
the Nation.
(3) The Advisory Council shall provide such advice to the Board
of Governors as such Board shall request, including recommendations regarding the support of research, projects, and studies in accordance with the purposes of this section.
(e) Administration of Institute
The Institute shall be administered by a Director who shall be appointed by the Chancellor of the Oregon Board of Higher Education in
consultation with the Board of Governors.
(f) Evaluation of Institute by Secretary
The Secretary of Commerce shall conduct an ongoing evaluation of
the activities of the Institute to ensure that funds received by the Institute under this section are used in a manner consistent with the provisions of this section.
(g) Report to Secretary
The Institute shall report to the Secretary of Commerce on its activities within 2 years after July 17, 1984.
(h) Access to Institute books, records and documents
The Comptroller General of the United States, and any of his
duly authorized representatives, shall have access, for the purpose
of audit and examination, to any books, documents, papers and records of the Institute that are pertinent to the funds received under
this section.
(i) Status of Institute employees
Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for
any purpose.
(j) Authorization of appropriations
For the purposes of this section, there are authorized to be appropriated in each fiscal year $5,000,000, commencing with fiscal year
1985.
(Pub. L. 98-364, title II, §201, July 17, 1984, 98 Stat. 443.)
References In Text
This section, referred to in subsecs. (a) to (d), (f), (h) and (j), was in the original
“this title”, meaning title II of Pub. L. 98-364, which enacted this section.
Codification
Section was not enacted as part of the Coastal Zone Management Act of 1972
which comprises this chapter.

16 U.S.C. §1465

Termination Of Advisory Councils
Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in
the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such
2-year period, or in the case of a council established by the Congress, its duration is
otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization
and Employees.

§1464. [CZMA §318]
Authorization of appropriations

(a) Sums appropriated to Secretary
There are authorized to be appropriated to the Secretary, to remain
available until expended—
(1) for grants under sections 306, 306A, and 309—
(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 315—
(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
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.
(Pub. L. 89-454, title III, §318, formerly §315, as added Pub. L. 92-583, Oct.
27, 1972, 86 Stat. 1289, and amended Pub. L. 93-612, §1(3), Jan. 2, 1975, 88
Stat. 1974; renumbered §318 and amended Pub. L. 94-370, §7, 14, July 26,
1976, 90 Stat. 1019, 1031; Pub. L. 95-372, title V, §502, 503(e), (f), Sept. 18,
1978, 92 Stat. 692, 693; Pub. L. 96-464, §13, Oct. 17, 1980, 94 Stat. 2070; Pub.
L. 99-272, title VI, §6046, Apr. 7, 1986, 100 Stat. 127; Pub. L. 99-626, §7, Nov.
7, 1986, 100 Stat. 3506; Pub. L. 101-508, title VI, §6215, Nov. 5, 1990, 104
Stat. 1388-313; Pub. L. 104-150, §4, June 3, 1996, 110 Stat. 1381.)
References In Text
This chapter, referred to in subsec. (c), was in the original “this Act” which was
translated as reading “this title”, meaning title III of Pub. L. 89-454 which is classified generally to this chapter, to reflect the probable intent of Congress.

§1465. [CZMA §319]
Appeals to the Secretary

(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 307, 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), 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
291

16 U.S.C. §1466

ENVIRONMENTAL LAW DESKBOOK

(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
Act; or
(II) any clarifying information submitted by a party to the
proceeding related to information in the 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.
(Pub. L. 89-454, title III, §319, as added Pub. L. 104-150, §8, June 3, 1996, 110
Stat. 1382; Pub. L. 109-58, title III, §381, Aug. 8, 2005, 119 Stat. 737.)
References In Text
This chapter, referred to in subsec. (b), originally read “this Act” meaning the
Coastal Zone Management Act of 1972, Pub. L. 89-454, Title III, as added by Pub. L.
92-483, Oct. 27, 1972, 86 Stat. 1280, as amended, which is principally classified to

292

CZMA §319

this chapter. For complete classification of the Act, see Short Title note set out under
42 U.S.C. §1451 and Tables.

§1466.
Appeals relating to offshore mineral development

For any Federal administrative agency proceeding that is an appeal
or review under section 319 of the Coastal Zone Management Act of
1972 (16 U.S.C. 1465), as amended by this Act, related to any Federal
authorization for the permitting, approval, or other authorization of an
energy project, the lead Federal permitting agency for the project
shall, with the cooperation of Federal and State administrative agencies, maintain a consolidated record of all decisions made or actions
taken by the lead agency or by another Federal or State administrative
agency or officer. Such record shall be the initial record for appeals or
reviews under that Act, provided that the record may be supplemented
as expressly provided pursuant to section 319 of that Act.
(Pub. L. 109-58, title III, 382, Aug. 8, 2005, 119 Stat. 738.)
References In Text
This Act, referred to in text, is the Energy Policy Act of 2005, Pub. L. 109-58,
Aug. 8, 2005, 119 Stat. 594, which is principally classified to chapter 149 of Title 42,
42 U.S.C. §15801 et seq. For complete classification, see Short Title note set out under 42 U.S.C. §15801 and Tables.
That Act, referred to in text, probably means the Coastal Zone Management Act
of 1972, Pub. L. 89-454, Title III, as added by Pub. L. 92-483, Oct. 27, 1972, 86 Stat.
1280, as amended, which is principally classified to this chapter. Section 319 of the
Coastal Zone Management Act of 1972 is classified to 16 U.S.C. §1465. For complete classification, see Short Title note set out under 42 U.S.C. §1451 and Tables.
Codification
Section was enacted as part of the Energy Policy Act of 2005, and not as part of the
Coastal Zone Management Act of 1972, which otherwise comprises this chapter.