§ 1455b. — Protecting coastal waters.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1455b]
TITLE 16--CONSERVATION
CHAPTER 33--COASTAL ZONE MANAGEMENT
Sec. 1455b. Protecting coastal waters
(a) In general
(1) Program development
Not later than 30 months after the date of the publication of
final guidance under subsection (g) of this section, each State for
which a management program has been approved pursuant to section 306
of the Coastal Zone Management Act of 1972 [16 U.S.C. 1455] shall
prepare and submit to the Secretary and the Administrator a Coastal
Nonpoint Pollution Control Program for approval pursuant to this
section. The purpose of the program shall be to develop and
implement management measures for nonpoint source pollution to
restore and protect coastal waters, working in close conjunction
with other State and local authorities.
(2) Program coordination
A State program under this section shall be coordinated closely
with State and local water quality plans and programs developed
pursuant to sections 1288, 1313, 1329, and 1330 of title 33 and with
State plans developed pursuant to the Coastal Zone Management Act of
1972, as amended by this Act [16 U.S.C. 1451 et seq.]. The program
shall serve as an update and expansion of the State nonpoint source
management program developed under section 1329 of title 33, as the
program under that section relates to land and water uses affecting
coastal waters.
(b) Program contents
Each State program under this section shall provide for the
implementation, at a minimum, of management measures in conformity with
the guidance published under subsection (g) of this section, to protect
coastal waters generally, and shall also contain the following:
(1) Identifying land uses
The identification of, and a continuing process for identifying,
land uses which, individually or cumulatively, may cause or
contribute significantly to a degradation of--
(A) those coastal waters where there is a failure to attain
or maintain applicable water quality standards or protect
designated uses, as determined by the State pursuant to its
water quality planning processes; or
(B) those coastal waters that are threatened by reasonably
foreseeable increases in pollution loadings from new or
expanding sources.
(2) Identifying critical coastal areas
The identification of, and a continuing process for identifying,
critical coastal areas adjacent to coastal waters referred to in
paragraph (1)(A) and (B), within which any new land uses or
substantial expansion of existing land uses shall be subject to
management measures in addition to those provided for in subsection
(g) of this section.
(3) Management measures
The implementation and continuing revision from time to time of
additional management measures applicable to the land uses and areas
identified pursuant to paragraphs (1) and (2) that are necessary to
achieve and maintain applicable water quality standards under
section 1313 of title 33 and protect designated uses.
(4) Technical assistance
The provision of technical and other assistance to local
governments and the public for implementing the measures referred to
in paragraph (3), which may include assistance in developing
ordinances and regulations, technical guidance, and modeling to
predict and assess the effectiveness of such measures, training,
financial incentives, demonstration projects, and other innovations
to protect coastal water quality and designated uses.
(5) Public participation
Opportunities for public participation in all aspects of the
program, including the use of public notices and opportunities for
comment, nomination procedures, public hearings, technical and
financial assistance, public education, and other means.
(6) Administrative coordination
The establishment of mechanisms to improve coordination among
State agencies and between State and local officials responsible for
land use programs and permitting, water quality permitting and
enforcement, habitat protection, and public health and safety,
through the use of joint project review, memoranda of agreement, or
other mechanisms.
(7) State coastal zone boundary modification
A proposal to modify the boundaries of the State coastal zone as
the coastal management agency of the State determines is necessary
to implement the recommendations made pursuant to subsection (e) of
this section. If the coastal management agency does not have the
authority to modify such boundaries, the program shall include
recommendations for such modifications to the appropriate State
authority.
(c) Program submission, approval, and implementation
(1) Review and approval
Within 6 months after the date of submission by a State of a
program pursuant to this section, the Secretary and the
Administrator shall jointly review the program. The program shall be
approved if--
(A) the Secretary determines that the portions of the
program under the authority of the Secretary meet the
requirements of this section and the Administrator concurs with
that determination; and
(B) the Administrator determines that the portions of the
program under the authority of the Administrator meet the
requirements of this section and the Secretary concurs with that
determination.
(2) Implementation of approved program
If the program of a State is approved in accordance with
paragraph (1), the State shall implement the program, including the
management measures included in the program pursuant to subsection
(b) of this section, through--
(A) changes to the State plan for control of nonpoint source
pollution approved under section 1329 of title 33; and
(B) changes to the State coastal zone management program
developed under section 306 of the Coastal Zone Management Act
of 1972, as amended by this Act [16 U.S.C. 1455].
(3) Withholding coastal management assistance
If the Secretary finds that a coastal State has failed to submit
an approvable program as required by this section, the Secretary
shall withhold for each fiscal year until such a program is
submitted a portion of grants otherwise available to the State for
the fiscal year under section 306 of the Coastal Zone Management Act
of 1972 [16 U.S.C. 1455], as follows:
(A) 10 percent for fiscal year 1996.
(B) 15 percent for fiscal year 1997.
(C) 20 percent for fiscal year 1998.
(D) 30 percent for fiscal year 1999 and each fiscal year
thereafter.
The Secretary shall make amounts withheld under this paragraph
available to coastal States having programs approved under this
section.
(4) Withholding water pollution control assistance
If the Administrator finds that a coastal State has failed to
submit an approvable program as required by this section, the
Administrator shall withhold from grants available to the State
under section 1329 of title 33, for each fiscal year until such a
program is submitted, an amount equal to a percentage of the grants
awarded to the State for the preceding fiscal year under that
section, as follows:
(A) For fiscal year 1996, 10 percent of the amount awarded
for fiscal year 1995.
(B) For fiscal year 1997, 15 percent of the amount awarded
for fiscal year 1996.
(C) For fiscal year 1998, 20 percent of the amount awarded
for fiscal year 1997.
(D) For fiscal year 1999 and each fiscal year thereafter, 30
percent of the amount awarded for fiscal year 1998 or other
preceding fiscal year.
The Administrator shall make amounts withheld under this paragraph
available to States having programs approved pursuant to this
subsection.
(d) Technical assistance
The Secretary and the Administrator shall provide technical
assistance to coastal States and local governments in developing and
implementing programs under this section. Such assistance shall
include--
(1) methods for assessing water quality impacts associated with
coastal land uses;
(2) methods for assessing the cumulative water quality effects
of coastal development;
(3) maintaining and from time to time revising an inventory of
model ordinances, and providing other assistance to coastal States
and local governments in identifying, developing, and implementing
pollution control measures; and
(4) methods to predict and assess the effects of coastal land
use management measures on coastal water quality and designated
uses.
(e) Inland coastal zone boundaries
(1) Review
The Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall, within 18 months after
November 5, 1990, review the inland coastal zone boundary of each
coastal State program which has been approved or is proposed for
approval under section 306 of the Coastal Zone Management Act of
1972 [16 U.S.C. 1455], and evaluate whether the State's coastal zone
boundary extends inland to the extent necessary to control the land
and water uses that have a significant impact on coastal waters of
the State.
(2) Recommendation
If the Secretary, in consultation with the Administrator, finds
that modifications to the inland boundaries of a State's coastal
zone are necessary for that State to more effectively manage land
and water uses to protect coastal waters, the Secretary, in
consultation with the Administrator, shall recommend appropriate
modifications in writing to the affected State.
(f) Financial assistance
(1) In general
Upon request of a State having a program approved under section
306 of the Coastal Zone Management Act of 1972 [16 U.S.C. 1455], the
Secretary, in consultation with the Administrator, may provide
grants to the State for use for developing a State program under
this section.
(2) Amount
The total amount of grants to a State under this subsection
shall not exceed 50 percent of the total cost to the State of
developing a program under this section.
(3) State share
The State share of the cost of an activity carried out with a
grant under this subsection shall be paid from amounts from non-
Federal sources.
(4) Allocation
Amounts available for grants under this subsection shall be
allocated among States in accordance with regulations issued
pursuant to section 306(c) of the Coastal Zone Management Act of
1972 [16 U.S.C. 1455(c)], except that the Secretary may use not more
than 25 percent of amounts available for such grants to assist
States which the Secretary, in consultation with the Administrator,
determines are making exemplary progress in preparing a State
program under this section or have extreme needs with respect to
coastal water quality.
(g) Guidance for coastal nonpoint source pollution control
(1) In general
The Administrator, in consultation with the Secretary and the
Director of the United States Fish and Wildlife Service and other
Federal agencies, shall publish (and periodically revise thereafter)
guidance for specifying management measures for sources of nonpoint
pollution in coastal waters.
(2) Content
Guidance under this subsection shall include, at a minimum--
(A) a description of a range of methods, measures, or
practices, including structural and nonstructural controls and
operation and maintenance procedures, that constitute each
measure;
(B) a description of the categories and subcategories of
activities and locations for which each measure may be suitable;
(C) an identification of the individual pollutants or
categories or classes of pollutants that may be controlled by
the measures and the water quality effects of the measures;
(D) quantitative estimates of the pollution reduction
effects and costs of the measures;
(E) a description of the factors which should be taken into
account in adapting the measures to specific sites or locations;
and
(F) any necessary monitoring techniques to accompany the
measures to assess over time the success of the measures in
reducing pollution loads and improving water quality.
(3) Publication
The Administrator, in consultation with the Secretary, shall
publish--
(A) proposed guidance pursuant to this subsection not later
than 6 months after November 5, 1990; and
(B) final guidance pursuant to this subsection not later
than 18 months after November 5, 1990.
(4) Notice and comment
The Administrator shall provide to coastal States and other
interested persons an opportunity to provide written comments on
proposed guidance under this subsection.
(5) Management measures
For purposes of this subsection, the term ``management
measures'' means economically achievable measures for the control of
the addition of pollutants from existing and new categories and
classes of nonpoint sources of pollution, which reflect the greatest
degree of pollutant reduction achievable through the application of
the best available nonpoint pollution control practices,
technologies, processes, siting criteria, operating methods, or
other alternatives.
(h) Authorization of appropriations
(1) Administrator
There is authorized to be appropriated to the Administrator for
use for carrying out this section not more than $1,000,000 for each
of fiscal years 1992, 1993, and 1994.
(2) Secretary
(A) Of amounts appropriated to the Secretary for a fiscal year
under section 318(a)(4) \1\ of the Coastal Zone Management Act of
1972, as amended by this Act, not more than $1,000,000 shall be
available for use by the Secretary for carrying out this section for
that fiscal year, other than for providing in the form of grants
under subsection (f) of this section.
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\1\ See References in Text note below.
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(B) There is authorized to be appropriated to the Secretary for
use for providing in the form of grants under subsection (f) of this
section not more than--
(i) $6,000,000 for fiscal year 1992;
(ii) $12,000,000 for fiscal year 1993;
(iii) $12,000,000 for fiscal year 1994; and
(iv) $12,000,000 for fiscal year 1995.
(i) Definitions
In this section--
(1) the term ``Administrator'' means the Administrator of the
Environmental Protection Agency;
(2) the term ``coastal State'' has the meaning given the term
``coastal state'' under section 304 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453);
(3) each of the terms ``coastal waters'' and ``coastal zone''
has the meaning that term has in the Coastal Zone Management Act of
1972 [16 U.S.C. 1451 et seq.];
(4) the term ``coastal management agency'' means a State agency
designated pursuant to section 306(d)(6) of the Coastal Zone
Management Act of 1972 [16 U.S.C. 1455(d)(6)];
(5) the term ``land use'' includes a use of waters adjacent to
coastal waters; and
(6) the term ``Secretary'' means the Secretary of Commerce.
(Pub. L. 101-508, title VI, Sec. 6217, Nov. 5, 1990, 104 Stat. 1388-314;
Pub. L. 102-587, title II, Sec. 2205(b)(24), Nov. 4, 1992, 106 Stat.
5052.)
References in Text
The Coastal Zone Management Act of 1972, referred to in subsecs.
(a)(2) and (i)(3), is title III of Pub. L. 89-454 as added by Pub. L.
92-583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified
generally to this chapter (Sec. 1451 et seq.). For complete
classification of this Act to the Code, see Short Title note set out
under section 1451 of this title and Tables.
This Act, referred to in subsecs. (a)(2) and (c)(2)(B), is Pub. L.
101-508, Nov. 5, 1990, 104 Stat. 1388, known as the Omnibus Budget
Reconciliation Act of 1990. For complete classification of this Act to
the Code, see Tables.
Section 318(a) of the Coastal Zone Management Act of 1972, referred
to in subsec. (h)(2)(A), which is classified to section 1464(a) of this
title, was amended by Pub. L. 104-150, Sec. 4(1), June 3, 1996, 110
Stat. 1381, and, as so amended, does not contain a par. (4).
Codification
Section was enacted as part of the Coastal Zone Act Reauthorization
Amendments of 1990 and also as part of the Omnibus Budget Reconciliation
Act of 1990, and not as part of the Coastal Zone Management Act of 1972
which comprises this chapter.
Amendments
1992--Subsec. (i)(3). Pub. L. 102-587 struck out comma after ``
`coastal waters' '' and inserted ``Zone'' before ``Management''.
Section Referred to in Other Sections
This section is referred to in section 1455 of this title; title 42
section 300j-14.
