§ 1455. — Administrative grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1455]
TITLE 16--CONSERVATION
CHAPTER 33--COASTAL ZONE MANAGEMENT
Sec. 1455. Administrative grants
(a) Authorization; matching funds
The Secretary may make grants to any coastal state for the purpose
of administering that State's management program, if the State matches
any such grant according to the following ratios of Federal-to-State
contributions for the applicable fiscal year:
(1) For those States for which programs were approved prior to
November 5, 1990, 1 to 1 for any fiscal year.
(2) For programs approved after November 5, 1990, 4 to 1 for the
first fiscal year, 2.3 to 1 for the second fiscal year, 1.5 to 1 for
the third fiscal year, and 1 to 1 for each fiscal year thereafter.
(b) Grants to coastal states; requirements
The Secretary may make a grant to a coastal state under subsection
(a) of this section only if the Secretary finds that the management
program of the coastal state meets all applicable requirements of this
chapter and has been approved in accordance with subsection (d) of this
section.
(c) Allocation of grants to coastal states
Grants under this section shall be allocated to coastal states with
approved programs based on rules and regulations promulgated by the
Secretary which shall take into account the extent and nature of the
shoreline and area covered by the program, population of the area, and
other relevant factors. The Secretary shall establish, after consulting
with the coastal states, maximum and minimum grants for any fiscal year
to promote equity between coastal states and effective coastal
management.
(d) Mandatory adoption of State management program for coastal zone
Before approving a management program submitted by a coastal state,
the Secretary shall find the following:
(1) The State has developed and adopted a management program for
its coastal zone in accordance with rules and regulations
promulgated by the Secretary, after notice, and with the opportunity
of full participation by relevant Federal agencies, State agencies,
local governments, regional organizations, port authorities, and
other interested parties and individuals, public and private, which
is adequate to carry out the purposes of this chapter and is
consistent with the policy declared in section 1452 of this title.
(2) The management program includes each of the following
required program elements:
(A) An identification of the boundaries of the coastal zone
subject to the management program.
(B) A definition of what shall constitute permissible land
uses and water uses within the coastal zone which have a direct
and significant impact on the coastal waters.
(C) An inventory and designation of areas of particular
concern within the coastal zone.
(D) An identification of the means by which the State
proposes to exert control over the land uses and water uses
referred to in subparagraph (B), including a list of relevant
State constitutional provisions, laws, regulations, and judicial
decisions.
(E) Broad guidelines on priorities of uses in particular
areas, including specifically those uses of lowest priority.
(F) A description of the organizational structure proposed
to implement such management program, including the
responsibilities and interrelationships of local, areawide,
State, regional, and interstate agencies in the management
process.
(G) A definition of the term ``beach'' and a planning
process for the protection of, and access to, public beaches and
other public coastal areas of environmental, recreational,
historical, esthetic, ecological, or cultural value.
(H) A planning process for energy facilities likely to be
located in, or which may significantly affect, the coastal zone,
including a process for anticipating the management of the
impacts resulting from such facilities.
(I) A planning process for assessing the effects of, and
studying and evaluating ways to control, or lessen the impact
of, shoreline erosion, and to restore areas adversely affected
by such erosion.
(3) The State has--
(A) coordinated its program with local, areawide, and
interstate plans applicable to areas within the coastal zone--
(i) existing on January 1 of the year in which the
State's management program is submitted to the Secretary;
and
(ii) which have been developed by a local government, an
areawide agency, a regional agency, or an interstate agency;
and
(B) established an effective mechanism for continuing
consultation and coordination between the management agency
designated pursuant to paragraph (6) and with local governments,
interstate agencies, regional agencies, and areawide agencies
within the coastal zone to assure the full participation of
those local governments and agencies in carrying out the
purposes of this chapter; except that the Secretary shall not
find any mechanism to be effective for purposes of this
subparagraph unless it requires that--
(i) the management agency, before implementing any
management program decision which would conflict with any
local zoning ordinance, decision, or other action, shall
send a notice of the management program decision to any
local government whose zoning authority is affected;
(ii) within the 30-day period commencing on the date of
receipt of that notice, the local government may submit to
the management agency written comments on the management
program decision, and any recommendation for alternatives;
and
(iii) the management agency, if any comments are
submitted to it within the 30-day period by any local
government--
(I) shall consider the comments;
(II) may, in its discretion, hold a public hearing
on the comments; and
(III) may not take any action within the 30-day
period to implement the management program decision.
(4) The State has held public hearings in the development of the
management program.
(5) The management program and any changes thereto have been
reviewed and approved by the Governor of the State.
(6) The Governor of the State has designated a single State
agency to receive and administer grants for implementing the
management program.
(7) The State is organized to implement the management program.
(8) The management program provides for adequate consideration
of the national interest involved in planning for, and managing the
coastal zone, including the siting of facilities such as energy
facilities which are of greater than local significance. In the case
of energy facilities, the Secretary shall find that the State has
given consideration to any applicable national or interstate energy
plan or program.
(9) The management program includes procedures whereby specific
areas may be designated for the purpose of preserving or restoring
them for their conservation, recreational, ecological, historical,
or esthetic values.
(10) The State, acting through its chosen agency or agencies
(including local governments, areawide agencies, regional agencies,
or interstate agencies) has authority for the management of the
coastal zone in accordance with the management program. Such
authority shall include power--
(A) to administer land use and water use regulations to
control development \1\ to ensure compliance with the management
program, and to resolve conflicts among competing uses; and
---------------------------------------------------------------------------
\1\ So in original. Probably should be followed by a comma.
---------------------------------------------------------------------------
(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
1455b of this title.
(e) Amendment or modification of State management program for coastal
zone
A coastal state may amend or modify a management program which it
has submitted and which has been approved by the Secretary under this
section, subject to the following conditions:
(1) The State shall promptly notify the Secretary of any
proposed amendment, modification, or other program change and submit
it for the Secretary's approval. The Secretary may suspend all or
part of any grant made under this section pending State submission
of the proposed amendments, modification, or other program change.
(2) Within 30 days after the date the Secretary receives any
proposed amendment, the Secretary shall notify the State whether the
Secretary approves or disapproves the amendment, or whether the
Secretary finds it is necessary to extend the review of the proposed
amendment for a period not to exceed 120 days after the date the
Secretary received the proposed amendment. The Secretary may extend
this period only as necessary to meet the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
If the Secretary does not notify the coastal state that the
Secretary approves or disapproves the amendment within that period,
then the amendment shall be conclusively presumed as approved.
(3)(A) Except as provided in subparagraph (B), a coastal state
may not implement any amendment, modification, or other change as
part of its approved management program unless the amendment,
modification, or other change is approved by the Secretary under
this subsection.
(B) The Secretary, after determining on a preliminary basis,
that an amendment, modification, or other change which has been
submitted for approval under this subsection is likely to meet the
program approval standards in this section, may permit the State to
expend funds awarded under this section to begin implementing the
proposed amendment, modification, or change. This preliminary
approval shall not extend for more than 6 months and may not be
renewed. A proposed amendment, modification, or change which has
been given preliminary approval and is not finally approved under
this paragraph shall not be considered an enforceable policy for
purposes of section 1456 of this title.
(Pub. L. 89-454, title III, Sec. 306, as added Pub. L. 92-583, Oct. 27,
1972, 86 Stat. 1283; amended Pub. L. 93-612, Sec. 1(2), Jan. 2, 1975, 88
Stat. 1974; Pub. L. 94-370, Sec. 5, July 26, 1976, 90 Stat. 1017; Pub.
L. 96-464, Sec. 5(a), Oct. 17, 1980, 94 Stat. 2062; Pub. L. 99-272,
title VI, Sec. 6043(b)(1), (c), Apr. 7, 1986, 100 Stat. 124, 125; Pub.
L. 101-508, title VI, Sec. 6206(a), Nov. 5, 1990, 104 Stat. 1388-303;
Pub. L. 102-587, title II, Sec. 2205(b)(1)(A), (B), (8), Nov. 4, 1992,
106 Stat. 5050, 5051.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (e)(2), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 4321
of Title 42 and Tables.
Amendments
1992--Subsecs. (a) to (d), (e)(2), (3)(A). Pub. L. 102-587
substituted ``coastal state'' and ``coastal states'' for ``coastal
State'' and ``coastal States'', respectively, wherever appearing, and
substituted period for semicolon at end of subsec. (b).
1990--Pub. L. 101-508 amended section generally, substituting
present provisions for provisions which authorized grants for
administering a state management program, provided for a ratio of
Federal to State contributions, allocation of grants, program
requirements, required authority for management of coastal zone,
required findings prior to approval of grants, allocation to other
political subdivisions, program modification, segmental development, and
inventory and designation of areas of national significance and
standards for protection of coastal resources.
1986--Subsec. (a). Pub. L. 99-272, Sec. 6043(b)(1), amended
introductory text generally, which prior to amendment read as follows:
``The Secretary may make grants to any coastal state for not more than
80 per centum of the costs of administering such state's management
program if the Secretary--''.
Subsec. (g). Pub. L. 99-272, Sec. 6043(c), inserted ``, and subject
to the following conditions:'' in provisions preceding par. (1), added
pars. (1) to (3), and struck out provision that except with respect to
any management program amendment which was made before Oct. 1, 1978, for
the purpose of complying with the requirements of section 1454(b)(7),
(8) and (9) of this title, no grant was to be made under this section to
any coastal state after the date of such amendment or modification,
until the Secretary approved such amendment or modification.
1980--Subsec. (a). Pub. L. 96-464, Sec. 5(a)(1), in opening text,
substituted ``The Secretary may make grants'' for ``The Secretary may
make a grant annually'', added par. (3), and provision following par.
(3) which defined the costs of administering a management program.
Subsec. (b). Pub. L. 96-464, Sec. 5(2), struck out proviso that no
annual grant made under this section shall be in excess of $2,000,000
for fiscal year 1975, in excess of $2,500,000 for fiscal year 1976, and
in excess of $3,000,000 for fiscal year 1977.
Subsec. (i). Pub. L. 96-464, Sec. 5(a)(3), added subsec. (i).
1976--Subsec. (a). Pub. L. 94-370, Sec. 5(1), raised the federal
share of grants to 80 per centum from 66\2/3\ per centum of the cost of
administering a state's management program, substituted requirement that
Secretary approve state's management program in accordance with subsecs.
(c), (d), and (e) and find that such programs meet requirements under
section 1454(b) of this title for requirement that Secretary approve
state's management programs in accordance with subsec. (c), and struck
out proviso that Federal funds from other sources shall not be used to
pay the state's share of costs.
Subsec. (c)(2)(B). Pub. L. 94-370, Sec. 5(2), inserted provisions
that mechanism not be found to be effective by Secretary until
management agency meets certain requirement such as notice to affected
zoning authority, 30-day period for zoning authority to respond with
recommendations, and action to be taken by management agency where
zoning authority does submit recommendations.
Subsec. (c)(8). Pub. L. 94-370, Sec. 5(3), inserted ``planning for,
and'' before ``in the siting of'' and reference to energy facilities in,
or which significantly affect, such state's coastal zone and inserted
proviso that in the case of energy facilities, the Secretary shall find
that the state has given consideration to any applicable interstate
energy plan or program.
Subsec. (g). Pub. L. 94-370, Sec. 5(4), inserted requirement that
except for pre-Oct. 1, 1978 amendments of management programs, for
purposes of complying with section 1454(b)(7), (8), and (9) of this
title, no grant shall be made under this section to any coastal state
after the date of an amendment until approved by Secretary.
1975--Subsec. (b). Pub. L. 93-612 substituted provisos establishing
maximum amount of annual grant for fiscal years 1975, 1976, and 1977,
establishing a minimum of 1 per centum of the total appropriated amount,
and providing for waiver of the 1 per centum minimum upon request of the
coastal State, for proviso limiting an annual administrative grant to a
maximum of 10 per centum and a minimum of 1 per centum of the total
appropriated amount.
Effective Date of 1980 Amendment
Section 5(b) of Pub. L. 96-464 provided that: ``The amendments made
by subsection (a)(1) and (2) of this section [amending this section]
apply with respect to grants made after September 30, 1980, under
section 306 of the Coastal Zone Management Act of 1972 [this section]
and, within two hundred and seventy days after such date, the Secretary
of Commerce shall issue regulations relating to the administration of
subsection (a) of such section 306 (as so amended by such subsection
(a)(1).''
Additional Program Requirements
Section 6206(b) of title VI of Pub. L. 101-508 provided that: ``Each
State which submits a management program for approval under section 306
of the Coastal Zone Management Act of 1972 [16 U.S.C. 1455], as amended
by this subtitle (including a State which submitted a program before the
date of enactment of this Act [Nov. 5, 1990]), shall demonstrate to the
Secretary--
``(1) that the program complies with section 306(d)(14) and (15)
of that Act, by not later than 3 years after the date of the
enactment of this Act; and
``(2) that the program complies with section 306(d)(16) of that
Act, by not later than 30 months after the date of publication of
final guidance under section 6217(g) of this Act [16 U.S.C.
1455b(g)].''
Section Referred to in Other Sections
This section is referred to in sections 1454, 1455a, 1455b, 1456,
1456a, 1456b, 1460, 1464, 3952 of this title; title 43 sections 1340,
1344, 1351.
