§ 1455a. — Coastal resource improvement program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1455a]
TITLE 16--CONSERVATION
CHAPTER 33--COASTAL ZONE MANAGEMENT
Sec. 1455a. Coastal resource improvement program
(a) Definitions
For purposes of this section--
(1) The term ``eligible coastal state'' means a coastal state
that for any fiscal year for which a grant is applied for under this
section--
(A) has a management program approved under section 1455 of
this title; and
(B) in the judgment of the Secretary, is making satisfactory
progress in activities designed to result in significant
improvement in achieving the coastal management objectives
specified in section 1452(2)(A) through (K) of this title.
(2) The term ``urban waterfront and port'' means any developed
area that is densely populated and is being used for, or has been
used for, urban residential recreational, commercial, shipping or
industrial purposes.
(b) Resource management improvement grants
The Secretary may make grants to any eligible coastal state to
assist that state in meeting one or more of the following objectives:
(1) The preservation or restoration of specific areas of the
state that (A) are designated under the management program
procedures required by section 1455(d)(9) of this title because of
their conservation recreational, ecological, or esthetic values, or
(B) contain one or more coastal resources of national significance,
or for the purpose of restoring and enhancing shellfish production
by the purchase and distribution of clutch material on publicly
owned reef tracts.
(2) The redevelopment of deteriorating and underutilized urban
waterfronts and ports that are designated in the state's management
program pursuant to section 1455(d)(2)(C) of this title as areas of
particular concern.
(3) The provision of access to public beaches and other public
coastal areas and to coastal waters in accordance with the planning
process required under section 1455(d)(2)(G) of this title.
(4) The development of a coordinated process among State
agencies to regulate and issue permits for aquaculture facilities in
the coastal zone.
(c) Uses, terms and conditions of grants
(1) Each grant made by the Secretary under this section shall be
subject to such terms and conditions as may be appropriate to ensure
that the grant is used for purposes consistent with this section.
(2) Grants made under this section may be used for--
(A) the acquisition of fee simple and other interests in land;
(B) low-cost construction projects determined by the Secretary
to be consistent with the purposes of this section, including but
not limited to, paths, walkways, fences, parks, and the
rehabilitation of historic buildings and structures; except that not
more than 50 per centum of any grant made under this section may be
used for such construction projects;
(C) in the case of grants made for objectives described in
subsection (b)(2) of this section--
(i) the rehabilitation or acquisition of piers to provide
increased public use, including compatible commercial activity.
(ii) the establishment of shoreline stabilization measures
including the installation or rehabilitation of bulkheads for
the purpose of public safety or increasing public access and
use, and
(iii) the removal or replacement of pilings where such
action will provide increased recreational use of urban
waterfront areas,
but activities provided for under this paragraph shall not be
treated as construction projects subject to the limitations in
paragraph (B);
(D) engineering designs, specifications, and other appropriate
reports; and
(E) educational, interpretive, and management costs and such
other related costs as the Secretary determines to be consistent
with the purposes of this section.
(d) State matching contributions; ratio; maximum amount of grants
(1) The Secretary may make grants to any coastal state for the
purpose of carrying out the project or purpose for which such grants are
awarded, if the state matches any such grant according to the following
ratios of Federal to state contributions for the applicable fiscal year:
4 to 1 for fiscal year 1986; 2.3 to 1 for fiscal year 1987; 1.5 to 1 for
fiscal year 1988; and 1 to 1 for each fiscal year after fiscal year
1988.
(2) Grants provided under this section may be used to pay a coastal
state's share of costs required under any other Federal program that is
consistent with the purposes of this section.
(3) The total amount of grants made under this section to any
eligible coastal state for any fiscal year may not exceed an amount
equal to 10 per centum of the total amount appropriated to carry out
this section for such fiscal year.
(e) Allocation of grants to local governments and other agencies
With the approval of the Secretary, an eligible coastal state may
allocate to a local government, an areawide agency designated under
section 3334 of title 42, a regional agency, or an interstate agency, a
portion of any grant made under this section for the purpose of carrying
out this section; except that such an allocation shall not relieve that
state of the responsibility for ensuring that any funds so allocated are
applied in furtherance of the state's approved management program.
(f) Other technical and financial assistance
In addition to providing grants under this section, the Secretary
shall assist eligible coastal states and their local governments in
identifying and obtaining other sources of available Federal technical
and financial assistance regarding the objectives of this section.
(Pub. L. 89-454, title II, Sec. 306A, as added Pub. L. 96-464, Sec. 6,
Oct. 17, 1980, 94 Stat. 2062; amended Pub. L. 99-272, title VI,
Sec. 6043(b)(2), Apr. 7, 1986, 100 Stat. 124; Pub. L. 101-508, title VI,
Secs. 6207, 6216(a), Nov. 5, 1990, 104 Stat. 1388-307, 1388-314; Pub. L.
102-587, title II, Sec. 2205(b)(9)-(12), Nov. 4, 1992, 106 Stat. 5051;
Pub. L. 104-150, Sec. 7(1), June 3, 1996, 110 Stat. 1381.)
Amendments
1996--Subsec. (b)(4). Pub. L. 104-150 added par. (4).
1992--Subsec. (a)(1)(B). Pub. L. 102-587, Sec. 2205(b)(10),
substituted ``through (K)'' for ``through (I)''.
Subsec. (b)(1). Pub. L. 102-587, Sec. 2205(b)(9), made technical
amendment to directory language of Pub. L. 101-508, Sec. 6216(a). See
1990 Amendment note below.
Subsec. (b)(2). Pub. L. 102-587, Sec. 2205(b)(11)(A), substituted
``that are designated in the state's management program pursuant to
section 1455(d)(2)(C) of this title as areas of particular concern'' for
``that are designated under section 1454(b)(3) of this title in the
state's management program as areas of particular concern''.
Subsec. (b)(3). Pub. L. 102-587, Sec. 2205(b)(11)(B), substituted
``access to'' for ``access of'' and ``1455(d)(2)(G)'' for
``1454(b)(7)''.
Subsec. (c)(2)(C). Pub. L. 102-587, Sec. 2205(b)(12), in closing
provisions, substituted ``shall not be'' for ``shall not by''.
1990--Subsec. (b)(1). Pub. L. 101-508, Sec. 6216(a), as amended by
Pub. L. 102-587, Sec. 2205(b)(9), substituted ``1455(d)(9)'' for
``1455(c)(9)''.
Pub. L. 101-508, Sec. 6207, inserted before period at end ``, or for
the purpose of restoring and enhancing shellfish production by the
purchase and distribution of clutch material on publicly owned reef
tracts''.
1986--Subsec. (d)(1). Pub. L. 99-272 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ``No grant made under this
section may exceed an amount equal to 80 per centum of the cost of
carrying out the purpose or project for which it was awarded.''
Section Referred to in Other Sections
This section is referred to in sections 1456b, 1460, 1464 of this
title.
