Coastal Zone Management Act Of 1972
as amended through P.L. 104-150, The Coastal Zone Protection Act of 1996
- § 1451. Congressional
findings (Section 302)
- § 1452. Congressional
declaration of policy (Section 303)
- § 1453. Definitions (Section
304)
- § 1454. Management program
development grants (Section 305)
- § 1455. Administrative
grants (Section 306)
- § 1455a. Coastal resource
improvement program (Section 306A)
- § 1455b. Protecting coastal
waters (Section 6217)
- § 1456. Coordination
and cooperation (Section 307)
- § 1456a. Coastal Zone
Management Fund (Section 308)
- § 1456b. Coastal Zone
Enhancement Grants (Section 309)
- § 1456c. Technical assistance
(Section 310)
- § 1457. Public hearings
(Section 311)
- § 1458. Review of performance
(Section 312)
- § 1459. Records and
audit (Section 313)
- § 1460. Walter B. Jones
Excellence in Coastal Zone Management Awards (Section 313)
- § 1461. National Estuarine
Research Reserve System (Section 315)
- § 1462. Coastal Zone
Management Reports (Section 316)
- § 1463. Rules and Regulations
(Section 317)
- § 1464. Authorization
of appropriations (Section 318)
- § 1465. Appeals to the
Secretary (Section 319)
-
§ 1451. Congressional findings (Section 302)
- The Congress finds that--
- (a) There is a national interest in the effective management, beneficial
use, protection, and development of the coastal zone.
-
- (b) The coastal zone is rich in a variety of natural, commercial, recreational,
ecological, industrial, and esthetic resources of immediate and potential
value to the present and future well-being of the Nation.
-
- (c) The increasing and competing demands upon the lands and waters
of our coastal zone occasioned by population growth and economic development,
including requirements for industry, commerce, residential development,
recreation, extraction of mineral resources and fossil fuels, transportation
and navigation, waste disposal, and harvesting of fish, shellfish, and
other living marine resources, have resulted in the loss of living marine
resources, wildlife,
nutrient-rich areas, permanent and adverse changes to ecological systems,
decreasing open space for public use, and shoreline erosion.
-
- (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.
-
§ 1452. Congressional declaration of policy (Section
303)
- The Congress finds and declares that it is the national policy--
-
- (1) to preserve, protect, develop, and where possible, to restore or
enhance, the resources of the Nation's coastal zone for this and succeeding
generations;
-
- (2) to encourage and assist the states to exercise effectively their
responsibilities in the coastal zone through the development and implementation
of management programs to achieve wise use of the land and water resources
of the coastal zone, giving full consideration to ecological, cultural,
historic, and esthetic values as well as the needs for compatible economic
development, which programs should at least provide for--
-
- (A) the protection of natural resources, including wetlands, floodplains,
estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife
and their habitat, within the coastal zone,
-
- (B) the management of coastal development to minimize the loss of life
and property caused by improper development in flood-prone, storm surge,
geological hazard, and erosion-prone areas and in areas likely to be affected
by or vulnerable to sea level rise, land subsidence, and saltwater intrusion,
and by the destruction of natural protective features such as beaches,
dunes, wetlands,
and barrier islands,
-
- (C) the management of coastal development to improve, safeguard, and
restore the quality of coastal waters, and to protect natural resources
and existing uses of those waters,
-
- (D) priority consideration being given to coastal-dependent uses and
orderly processes for siting major facilities related to national defense,
energy, fisheries development, recreation, ports and transportation, and
the location, to the maximum extent practicable, of new commercial and
industrial developments in or adjacent to areas where such development
already exists,
(E) public access to the coasts for recreation purposes,
-
- (F) assistance in the redevelopment of deteriorating urban waterfronts
and ports, and sensitive preservation and restoration of historic, cultural,
and esthetic coastal features,
-
- (G) the coordination and simplification of procedures in order to ensure
expedited governmental decisionmaking for the management of coastal resources,
-
- (H) continued consultation and coordination with, and the giving of
adequate consideration to the views of, affected Federal agencies,
-
- (I) the giving of timely and effective notification of, and opportunities
for public and local government participation in, coastal management decisionmaking,
-
- (J) assistance to support comprehensive planning, conservation, and
management for living marine resources, including planning for the siting
of pollution control and aquaculture facilities within the coastal zone,
and improved coordination between State and Federal coastal zone management
agencies and State and wildlife agencies, and
-
- (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 title;
-
- (5) to encourage coordination and cooperation with and among the appropriate
Federal, State, and local agencies, and international organizations where
appropriate, in collection, analysis, synthesis, and dissemination of coastal
management information, research results, and technical assistance, to
support State and Federal regulation of land use practices affecting the
coastal and ocean resources of the United States; and
-
- (6) to respond to changing circumstances affecting the coastal environment
and coastal resource management by encouraging States to consider such
issues as ocean uses potentially affecting the coastal zone.
§ 1453. Definitions (Section 304)
- For the purposes of this title--
-
- (1) The term "coastal zone" means the coastal waters (including
the lands therein and thereunder) and the adjacent shorelands (including
the waters therein and thereunder), strongly influenced by each other and
in proximity to the shorelines of the several coastal states, and includes
islands, transitional and intertidal areas, salt marshes, wetlands, and
beaches. The zone extends, in Great Lakes waters, to the international
boundary between the United States and Canada and, in other areas, seaward
to the outer limit of State title and ownership under the Submerged Lands
Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917 (48 U.S.C. 749),
the Covenant to Establish a Commonwealth of the Northern Mariana Islands
in Political Union with the United States of America, as approved by the
Act of March 24, 1976 (48 U.S.C. 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 title, the term also includes Puerto Rico, the Virgin
Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the
Trust Territories of the Pacific Islands, and American Samoa.
-
- (5) The term "coastal energy activity" means any of the following
activities if, and to the extent that (A) the conduct, support, or facilitation
of such activity requires and involves the siting, construction, expansion,
or operation of any equipment or facility; and (B) any technical requirement
exists which, in the determination of the Secretary, necessitates that
the siting, construction, expansion, or operation of such equipment or
facility be carried out in, or in
close proximity to, the coastal zone of any coastal state;
-
- (i) Any outer Continental Shelf energy activity.
- (ii) Any transportation, conversion, treatment, transfer, or storage
of liquefied natural gas.
- (iii) Any transportation, transfer, or storage of oil, natural gas,
or coal (including, but not limited to, by means of any deepwater port,
as defined in section 3(10) of the Deepwater Port Act of 1974 (33 USC 1502(10))
[33 USC § 1502(10)].
-
- 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) [16 USC § 1456a(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 307(g) [16 USC § 1456(g)].
-
- (11) The term "local government" means any political subdivison
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 title, 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 2(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)) [43 USC § 1331(a)]),
or the siting, construction, expansion, or operation of any new or expanded
energy facilities directly required by such exploration, development, or
production.
-
- (14) The term "person" means any individual; any corporation,
partnership, association, or other entity organized or existing under the
laws of any state; the Federal Government; any state, regional, or local
government; or any entity of any such Federal, state, regional, or local
government.
-
- (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.
§ 1454. Management program development grants (Section
305)
- TITLE 16--CONSERVATION CHAPTER 33--COASTAL ZONE MANAGEMENT Sec. 1454.
- "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."
-
§ 1455. Administrative grants (Section 306)
- (a) The Secretary may make grants to any coastal state for the purpose
of administering that state's management program, if the state matches
any such grant according to the following ratios of Federal-to-State contributions
for the applicable fiscal year:
-
- (1) For those States for which programs were approved prior to enactment
of the Coastal Zone Act Reauthorization Amendments of 1990 [enacted Nov.
5, 1990], 1 to 1 for any fiscal year.
-
- (2) For programs approved after enactment of the Coastal Zone Act Reauthorization
Amendments of 1990 [enacted Nov. 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) The Secretary may make a grant to a coastal state under subsection
(a) only if the Secretary finds that the management program of the coastal
state meets all applicable requirements of this title and has been approved
in accordance with subsection (d).
-
- (c) 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) 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 title
and is consistent with the policy declared in section 303 [16 USC §
1452].
-
- (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 users 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, 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 title; 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 accordance
with the management program. Such authority shall include power
-
- (A) to administer land use and water use regulations to control development
to ensure compliance with the management program, and to resolve conflicts
among competing uses; and
- (B) to acquire fee simple and less than fee simple interests in land,
waters, and other property through condemnation or other means when necessary
to achieve conformance with the management program.
-
- (11) The management program provides for any one or a combination of
the following general techniques for control of land uses and water uses
within the coastal zone:
-
- (A) State establishment of criteria and standards for local implementation,
subject to administrative review and enforcement.
- (B) Direct State land and water use planning and regulation.
- (C) State administrative review for consistency with the management
program of all development plans, projects, or land and water use regulations,
including exceptions and variances thereto, proposed by any State or local
authority or private developer, with power to approve or disapprove after
public notice and an opportunity for hearings.
-
- (12) The management program contains a method of assuring that local
land use and water use regulations within the coastal zone do not unreasonably
restrict or exclude land uses and water uses of regional benefit.
-
- (13) The management program provides for--
-
- (A) the inventory and designation of areas that contain one or more
coastal resources of national significance; and
- (B) specific and enforceable standards to protect such resources.
-
- (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 6217 of the Coastal Zone
Act Reauthorization Amendments of 1990 [16 USC § 1455b].
-
- (e) 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 307 [16 USC § 1456].
-
§ 1455a. Coastal resource improvement program (Section
306A)
- (a) Definitions. For purposes of this section--
-
- (1) The term "eligible coastal state" means a coastal state
that for any fiscal year for which a grant is applied for under this section--
-
- (A) has a management program approved under section 306 [16 USC §
1455]; 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) [16 USC § 1452(2)(A)--(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 306(d)(9) [16 USC § 1455(d)(9)] because of their conservation
recreational,
ecological, or esthetic values, or (B) contain one or more coastal resources
of national significance, or for the purpose of restoring and enhancing
shellfish production by the purchase and distribution of clutch material
on publicly owned
reef tracts.
- (2) The redevelopment of deteriorating and underutilized urban waterfronts
and ports that are designated in the state's management program pursuant
to section 306(d)(2)(C) [16 USC § 1455(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) [16 USC § 1455(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 but not limited
to, paths, walkways, fences, parks, and the rehabilitation of historic
buildings and
structures; except that not more than 50 per centum of any grant made under
this section may be used for such construction projects;
- (C) in the case of grants made for objectives described in subsection
(b)(2)--
-
- (i) the rehabilitation or acquisition of piers to provide increased
public use, 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) 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 204 of
the Demonstration Cities and Metropolitan Development Act of 1966 [42 USC
§ 3334], 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.
§ 1455b. Protecting coastal waters (Section 6217)
- (a) In general.
-
- (1) Program development. Not later than 30 months after the date of
the publication of final guidance under subsection (g), each State for
which a management program has been approved pursuant to section 306 of
the Coastal Zone Management Act of 1972 [16 USC § 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 restore and protect coastal waters, working in close
conjunction with other State and local authorities.
-
- (2) Program coordination. A State program under this section shall
be coordinated closely with State and local water quality plans and programs
developed pursuant to sections 208, 303, 319, and 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1288, 1313, 1329, and 1330) and with State
plans developed pursuant to the Coastal Zone Management Act of 1972 [16
USC §§ 1651 et seq.], as amended by this Act. The program shall
serve as an update and expansion of the State nonpoint source management
program developed under section 319 of the Federal Water Pollution Control
Act [33 USC § 1329], 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), 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).
-
- (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
303 of the Federal Water Pollution Control Act (33 U.S.C. 1313) 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). If the coastal management agency does not have the authority
to modify such boundaries, the program shall include recommendations for
such modifications to the appropriate State authority.
-
- (c) Program submission, approval, and implementation.
-
- (1) Review and approval. Within 6 months after the date of submission
by a State of a program pursuant to this section, the Secretary and the
Administrator shall jointly review the program. The program shall be approved
if--
-
- (A) the Secretary determines that the portions of the program under
the authority of the Secretary meet the requirements of this section and
the Administrator concurs with that determination; and
-
- (B) the Administrator determines that the portions of the program under
the authority of the Administrator meet the requirements of this section
and the Secretary concurs with that determination.
-
- (2) Implementation of approved program. If the program of a State is
approved in accordance with paragraph (1), the State shall implement the
program, including the management measures included in the program pursuant
to subsection (b), through--
-
- (A) changes to the State plan for control of nonpoint source pollution
approved under section 319 of the Federal Water Pollution Control Act [33
USC § 1329]; and
- (B) changes to the State coastal zone management program developed
under section 306 of the Coastal Zone Management Act of 1972 [16 USC §
1455], as amended by this Act.
-
- (3) Withholding coastal management assistance. If the Secretary finds
that a coastal State has failed to submit an approvable program as required
by this section, the Secretary shall 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 USC § 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 319 of the Federal Water Pollution
Control Act [33 USC § 1329], 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
year1996.
- (C) For fiscal year 1998, 20 percent of the amount awarded for fiscal
year1997.
- (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
landuses;
- (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 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 the
effective date of this title, 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 USC §
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 USC § 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 USC §
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 coastalwaters.
-
- (2) Content. Guidance under this subsection shall include, at a minimum--
-
- (A) a description of a range of methods, measures, or practices, including
structural and nonstructural controls and operation and maintenance procedures,
that constitute each measure;
- (B) a description of the categories and subcategories of activities
and locations for which each measure may be suitable;
- (C) an identification of the individual pollutants or categories or
classes of pollutants that may be controlled by the measures and the water
quality effects of the measures;
- (D) quantitative estimates of the pollution reduction effects and costs
of the measures;
- (E) a description of the factors which should be taken into account
in adapting the measures to specific sites or locations; and
- (F) any necessary monitoring techniques to accompany the measures to
assess over time the success of the measures in reducing pollution loads
and improving water quality.
-
- (3) Publication. The Administrator, in consultation with the Secretary,
shall
publish--
-
- (A) proposed guidance pursuant to this subsection not later than 6
months after the date of the enactment of this Act [enacted Nov. 5, 1990];
and
-
- (B) final guidance pursuant to this subsection not later than 18 months
after such effective date.
-
- (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) Authorizations of appropriations.
-
- (1) Administrator. There is authorized to be appropriated to the Administrator
for use for carrying out this section not more than $ 1,000,000 for each
of fiscal years 1992, 1993, and 1994.
-
- (2) Secretary.
-
- (A) Of amounts appropriated to the Secretary for a fiscal year under
section 318(a)(4) of the Coastal Zone Management Act of 1972 [16 USC §
1464(a)(4)], as amended by this Act, not more than $ 1,000,000 shall be
available for use by the Secretary for carrying out this section for that
fiscal year, other than for
providing in the form of grants under subsection (f).
-
- (B) There is authorized to be appropriated to the Secretary for use
for providing in the form of grants under subsection (f) 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 USC §§ 1651 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 USC § 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.
-
§ 1456. Coordination
and cooperation (Section 307)
- (a) Federal agencies. In carrying out his functions and responsibilities
under this title, 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 306 [16 USC § 1455] unless the views of Federal agencies
principally affected by such program have been adequately considered.
-
- (c) Consistency of Federal activities with state management programs;
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, United States
Code, 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) 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 306(d)(6) [16 USC § 1455(d)(6)] at the earliest
practicable time, but in no case later than 90 days before final approval
of the Federal activity unless both the Federal agency and the State agency
agree to a different schedule.
-
- (2) Any Federal agency which shall undertake any development project
in the coastal zone of a state shall insure that the project is, to the
maximum extent practicable, consistent with the enforceable policies of
approved state management programs.
-
- (3) (A) After final approval by the Secretary of a state's management
program, any applicant for a required Federal license or permit to conduct
an activity, in or outside of the coastal zone, affecting any land or water
use or natural resource of the coastal zone of that state shall provide
in the application to the licensing or permitting agency a certification
that the proposed activity complies with the enforceable policies of the
state's approved program and that such activity will be conducted in a
manner consistent with the program. At the same time, the applicant shall
furnish to the state or its designated agency a copy of the certification,
with all necessary information and data. Each coastal state shall establish
procedures for public notice in the case of all such certifications and,
to the extent it deems appropriate, procedures for public hearings in connection
therewith. At the earliest practicable time, the state of 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 title 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 306 [16 USC § 1455], 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 title 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) Applications of local governments for Federal assistance; relationship
of activities with approved management programs. State and local governments
submitting applications for Federal assistance under other Federal programs,
in or outside of the coastal zone, affecting any land or water use of natural
resource of the coastal zone shall indicate the views of the appropriate
state or local agency as to the relationship of such activities to the
approved management program for the coastal zone. Such applications shall
be submitted and coordinated in accordance with the provisions of title
IV of the Inter-governmental Coordination Act of 1968 (82 Stat. 1098).
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 title or necessary in the interest of national
security.
-
- (e) Construction with other laws. Nothing in this title 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 title, nothing in
this title shall in any way affect any requirement (1) established by the
Federal Water Pollution Control Act, as amended, or the Clean Air Act,
as amended, or (2) established by the Federal Government or by any state
or local government pursuant to such Acts. Such requirements shall be incorporated
in any program developed pursuant to this title 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 306 of this title [16 USC § 1455],
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 305 [16 USC § 1454]; or
(2) in the administration of a management program approved under section
306 [16 USC § 1455];
- 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) Federal fee.
-
- (1) With respect to appeals under subsections (c)(3) and (d) which
are submitted after the date of the enactment of the Coastal Zone Act Reauthorization
Amendments of 1990 [enacted Nov. 5, 1990], the Secretary shall collect
an application fee of not less than $ 200 for minor appeals and not less
than $ 500 for major appeals, unless the Secretary, upon consideration
of an applicant's request for a fee waiver, determines that the applicant
is unable to pay the fee.
-
- (2) (A) The Secretary shall collect such other fees as are necessary
to recover the full costs of administering and processing such appeals
under subsection (c).
-
- (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 [16 USC
§ 1456a].
-
§ 1456a. Coastal Zone Management Fund (Section
308)
- (a) (1) The obligations of any coastal state or unit of general purpose
local government to repay loans made pursuant to this section as in effect
before the date of the enactment of the Coastal Zone Act Reauthorization
Amendments of 1990 [enacted Nov. 5, 1990], and any repayment schedule established
pursuant to this title as in effect before that date of enactment, are
not altered by any provision of this title. 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).
(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) and fees
deposited into the Fund under section 307(i)(3) [16 USC § 1456(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;
(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 314 [16 USC § 1460];
(v) program development grants as authorized by section 305 [16 USC §
1454], in an amount not to exceed $ 200,000 for each of fiscal years 1997,
1998, and 1999; and
(vi) 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 306 [16 USC § 1455].
(3) On December 1, of each year, the Secretary shall transmit to the
Congress an annual report on the Fund, including the balance of the Fund
and an itemization of all deposits into and disbursements from the Fund
in the preceding fiscal year.
-
§ 1456b. Coastal Zone Enhancement Grants (Section
309)
- (a) 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.
-
- (b)(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 [16
USC § 1455], 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)
[16 USC § 1455(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) 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). 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) Within 12 months following the date of enactment of this section
[enacted Nov. 5, 1990], and consistent with the notice and participation
requirements established in section 317 [16 USC § 1463], 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) 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) Beginning in fiscal year 1991, not less than 10 percent and
not more than 20 percent of the amounts appropriated to implement sections
306 and 306A of this title [16 USC §§ 1455, 1455a] shall be retained
by the Secretary for use in implementing this section, up to a maximum
of $10,000,000 annually.
-
- (g) 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.
-
§ 1456c. Technical assistance (Section 310)
- (a) The Secretary shall conduct a program of technical assistance
and management-oriented research necessary to support the development and
implementation of State coastal management program amendments under section
309 [16 USC § 1456b], and appropriate to the furtherance of international
cooperative efforts and technical assistance in coastal zone management.
Each department, agency, and instrumentality of the executive branch of
the Federal Government may assist the Secretary, on a reimbursable basis
or otherwise, in carrying out the purposes of this section, including the
furnishing of information to the extent permitted by law, the transfer
of personnel with their consent and without prejudice to their position
and rating, and the performance of any research, study, and technical assistance
which does not interfere with the performance of the primary duties of
such department, agency, or instrumentality. The Secretary may enter into
contracts or other arrangements with any qualified person for the purposes
of carrying out this subsection.
-
- (b)(1) The Secretary shall provide for the coordination of technical
assistance, studies, and research activities under this section with any
other such activities that are conducted by or subject to the authority
of the Secretary.
-
- (2) The Secretary shall make the results of research and studies
conducted pursuant to this section available to coastal states in the form
of technical assistance publications, workshops, or other means appropriate.
-
- (3) The Secretary shall consult with coastal states on a regular
basis regarding the development and implementation of the program established
by this section.
-
§ 1457. Public hearings (Section 311)
- All public hearings required under this title 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.
-
§ 1458. Review of performance (Section 312)
- (a) Evaluation of adherence with terms of grants. The Secretary
shall conduct a continuing review of the performance of coastal states
with respect to coastal management. Each review shall include a written
evaluation with an assessment and detailed findings concerning the extent
to which the state has implemented and enforced the program approved by
the Secretary, addressed the coastal management needs identified in section
303(2)(A) through (K) [16 USC §
1452(2)(A)-(K)], and adhered to the terms of any grant, loan, or cooperative
agreement funded under this title.
-
- (b) Public participation. 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) Interim sanctions.
-
- (1) The Secretary may suspend payment of any portion of financial
assistance extended to any coastal state under this title, 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 315 of this title [16 USC § 1461], 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 title.
-
- (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) Final sanctions. The Secretary shall withdraw approval of the
management program of any coastal state and shall withdraw financial assistance
available to that State under this title 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).
-
- (e) Notice and hearing. Management program approval and financial
assistance may not be withdrawn under subsection (d), 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), 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.
-
- (f) [Repealed]
-
§ 1459. Records and audit (Section 313)
- (a) Maintenance of records by recipients of grants or financial assistance.
Each recipient of a grant under this title or of financial assistance under
section 308 [16 USC § 1456a], as in effect before the date of the
enactment of the Coastal Zone Act Reauthorization Amendments of 1990 [enacted
Nov. 5, 1990], shall keep such records as the Secretary shall prescribe,
including records which fully disclose the amount and disposition of the
funds received under the grant and of the proceeds of such assistance,
the total cost of the project or undertaking supplied by other sources,
and such other records as will facilitate an effective audit.
-
- (b) Access by Secretary and Comptroller General to records, books,
etc., of recipients of grants or financial assistance for audit and examination.
The Secretary and the Comptroller General of the United States, or any
of their duly authorized representatives, shall--
-
- (1) after any grant is made under this title or any financial assistance
is provided under section 308 [16 USC § 1456a], as in effect before
the date of the enactment of the Coastal Zone Act Reauthorization Amendments
of 1990 [enacted Nov. 5, 1990]; and
-
- (2) until the expiration of 3 years after--
-
- (A) completion of the project, program, or other undertaking for
which such grant was made or used, or
-
- (B) repayment of the loan or guaranteed indebtedness for which such
financial assistance was provided, have access for purposes of audit and
examination to any record, book, document, and paper which belongs to or
is used or controlled by, any recipient of the grant funds or any person
who entered into any transaction relating to such financial assistance
and which is pertinent for purposes of determining if the grant funds or
the proceeds of such financial assistance are being, or were, used in accordance
with the provisions of this title.
-
§ 1460. Walter B. Jones Excellence in Coastal
Zone Management Awards (Section 313)
- (a) The Secretary shall, using sums in the Coastal Zone Management
Fund established under section 308 [16 USC § 1456a] and other amounts
available to carry out this title (other than amounts appropriated to carry
out sections 305, 306, 306A, 309, 310, and 315 [16 USC §§ 1454,
1455, 1455a, 1456b, 1456c, and 1461]), implement a program to promote excellence
in coastal zone management by identifying and acknowledging outstanding
accomplishments in the field.
-
- (b) 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
title [16 USC §§ 1451 et seq.]; 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) In making selections under subsection (b)(2) the Secretary shall
solicit nominations from the coastal states, and shall consult with experts
in local government planning and land use.
-
- (d) In making selections under subsection (b)(3) the Secretary shall
solicit nominations from coastal states and the National Sea Grant College
Program.
-
- (e) Using sums in the Coastal Zone Management Fund established under
section 308 [16 USC § 1456a] and other amounts available to carry
out this title (other than amounts appropriated to carry out sections 305,
306, 306A, 309, 310, and 315 [16 USC §§ 1454, 1455, 1455a, 1456b,
1456c, and 1461]), 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.
§ 1461. National Estuarine
Research Reserve System (Section 315)
- (a) Establishment of the 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 the date of the enactment of the Coastal Zone Management
Reauthorization Act of 1985 [enacted Apr. 7, 1986]; and
-
- (2) each estuarine area designated as a national estuarine reserve
under subsection (b).
-
- Each estuarine sanctuary referred to in paragraph (1) is hereby
designated as a national estuarine reserve.
-
- (b) Designation of national estuarine reserves. After the date of
the enactment of the Coastal Zone Management Reauthorization Act of 1985
[enacted Apr. 7, 1986], the Secretary may designate an estuarine area as
a national estuarine reserve if--
-
- (1) the Governor of the coastal state in which the area is located
nominates the area for that designation; and
- (2) the Secretary finds that--
-
- (A) the area is a representative estuarine ecosystem that is suitable
for long-term research and contributes to the biogeographical and typological
balance of the System;
-
- (B) the law of the coastal state provides long-term protection for
reserve resources to ensure a stable environment for research;
-
- (C) designation of the area as a reserve will serve to enhance public
awareness and understanding of estuarine areas, and provide suitable opportunities
for public education and interpretation; and
-
- (D) the coastal state in which the area is located has complied
with the requirements of any regulations issued by the Secretary to implement
this section.
-
- (c) Estuarine research guidelines. The Secretary shall develop guidelines
for the conduct of research within the System that shall include
-
- (1) a mechanism for identifying, and establishing priorities among,
the coastal management issues that should be addressed through coordinated
research within the System;
-
- (2) the establishment of common research principles and objectives
to guide the development of research programs within the System;
-
- (3) the identification of uniform research methodologies which will
ensure comparability of data, the broadest application of research results,
and the maximum use of the System for research purposes;
-
- (4) the establishment of performance standards upon which the effectiveness
of the research efforts and the value of reserves within the System in
addressing the coastal management issues identified in paragraph (1) may
be measured; and
-
- (5) the consideration of additional sources of funds for estuarine
research than the funds authorized under this Act, and strategies for encouraging
the use of such funds within the System, with particular emphasis on mechanisms
established under subsection (d).
-
- 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).
-
- (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), the Secretary may suspend the eligibility of that
reserve for financial assistance under subsection (e) 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) 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).
-
- (g) Report. The Secretary shall include in the report required under
section 316 [16 USC § 1462] 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).
-
§ 1462. Coastal Zone Management Reports (Section
316)
- (a) Biennial reports. The Secretary shall consult with the Congress
on a regular basis concerning the administration of this title and shall
prepare and submit to the President for transmittal to the Congress a report
summarizing the administration of this title 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
title during the preceding Federal fiscal year and a description of those
programs; (2) a listing of the states participating in the provisions of
this title and a description of the status of each state's programs and
its accomplishments during the preceding Federal fiscal year; (3) an itemization
of the allocation of funds to the various coastal states and a breakdown
of the major projects and areas on which these funds were expended; (4)
an identification of any state programs which have been reviewed and disapproved,
and a statement of the reasons for such action; (5) a summary of evaluation
findings prepared in accordance with subsection (a) of section 312 [16
USC § 1458(a)], and a description of any sanctions imposed under subsections
(c) and (d) of section 312 [16 USC § 1458]; (6) a listing of all activities
and projects which, pursuant to the provisions of subsection (c) or subsection
(d) of section 307 [16 USC § 1456(c), (d)], 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
title 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
308 [16 USC § 1456a] 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) shall contain such recommendations for additional legislation as the
Secretary deems necessary to achieve the objectives of this title 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 title, that affect coastal resources for purposes of identifying
conflicts between the objectives and administration of such programs and
the purposes and policies of this title. Not later than 1 year after the
date of the enactment of this subsection [enacted Oct. 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 title
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.
-
§ 1463. Rules and Regulations (Section 317)
-
- The Secretary shall develop and promulgate, pursuant to section 553
of title 5, United States Code [5 USC § 553], 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 title.
-
§ 1464. Authorization of appropriations (Section
318)
-
- (a) Sums appropriated to Secretary. There are authorized to be
appropriated to the Secretary, to remain available until expended--
-
- (1) for grants under sections 306, 306A, and 309 [16 USC §§
1455, 1455a,
1456b]--
-
- (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 [16 USC § 1461]--
-
- (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 306 or
309 [16 USC § 1455 or 1456b].
-
- (c) Reversion of grants to Secretary. The amount of any grant, or
portion of a grant, made to a State under any section of this Act 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.
-
- (d) [Redesignated]
-
§ 1465. Appeals to the Secretary (Section 319)
-
- (a) Notice. The Secretary shall publish in the Federal Register
a notice indicating when the decision record has been closed on any appeal
to the Secretary taken from a consistency determination under section 307(c)
or (d)[16 USC § 1456(c) or (d)]. No later than 90 days after the date
of publication of this notice, the Secretary shall--
-
- (1) issue a final decision in the appeal; or
-
- (2) publish a notice in the Federal Register detailing why a decision
cannot be issued within the 90-day period.
-
- (b) Deadline. In the case where the Secretary publishes a notice
under subsection (a)(2), the Secretary shall issue a decision in any appeal
filed under section 307 no later than 45 days after the date of the publication
of the notice.
-
- (c) Application. This section applies to appeals initiated by the
Secretary and appeals filed by an applicant.
-
-
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