§ 1456a. — Coastal Zone Management Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1456a]
TITLE 16--CONSERVATION
CHAPTER 33--COASTAL ZONE MANAGEMENT
Sec. 1456a. Coastal Zone Management Fund
(a)(1) The obligations of any coastal state or unit of general
purpose local government to repay loans made pursuant to this section as
in effect before November 5, 1990, and any repayment schedule
established pursuant to this chapter as in effect before November 5,
1990, are not altered by any provision of this chapter. Such loans shall
be repaid under authority of this subsection and the Secretary may issue
regulations governing such repayment. If the Secretary finds that any
coastal state or unit of local government is unable to meet its
obligations pursuant to this subsection because the actual increases in
employment and related population resulting from coastal energy activity
and the facilities associated with such activity do not provide adequate
revenues to enable such State or unit to meet such obligations in
accordance with the appropriate repayment schedule, the Secretary shall,
after review of the information submitted by such State or unit, take
any of the following actions:
(A) Modify the terms and conditions of such loan.
(B) Refinance the loan.
(C) Recommend to the Congress that legislation be enacted to
forgive the loan.
(2) Loan repayments made pursuant to this subsection shall be
retained by the Secretary as offsetting collections, and shall be
deposited into the Coastal Zone Management Fund established under
subsection (b) of this section.
(b)(1) The Secretary shall establish and maintain a fund, to be
known as the ``Coastal Zone Management Fund'', which shall consist of
amounts retained and deposited into the Fund under subsection (a) of
this section and fees deposited into the Fund under section 1456(i)(3)
of this title.
(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 chapter, 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
chapter 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 1460 of this title; and
(v) to provide financial support to coastal states for use
for investigating and applying the public trust doctrine to
implement State management programs approved under section 1455
of this title.
(Pub. L. 89-454, title III, Sec. 308, as added Pub. L. 94-370, Sec. 7,
July 26, 1976, 90 Stat. 1019; amended Pub. L. 95-372, title V,
Secs. 501, 503(a)-(d), Sept. 18, 1978, 92 Stat. 690, 692, 693; Pub. L.
96-464, Sec. 7, Oct. 17, 1980, 94 Stat. 2064; Pub. L. 99-272, title VI,
Sec. 6047, Apr. 7, 1986, 100 Stat. 128; Pub. L. 101-508, title VI,
Sec. 6209, Nov. 5, 1990, 104 Stat. 1388-308; Pub. L. 102-587, title II,
Sec. 2205(b)(1)(A), (B), (15)-(18), Nov. 4, 1992, 106 Stat. 5050, 5052;
Pub. L. 104-150, Secs. 2(b)(2), 5, June 3, 1996, 110 Stat. 1380, 1381.)
Codification
Subsec. (b)(3) of this section, which required the Secretary to
transmit to 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, terminated, effective May 15, 2000, pursuant to section
3003 of Pub. L. 104-66, as amended, set out as a note under section 1113
of Title 31, Money and Finance. See, also, page 143 of House Document
No. 103-7.
Amendments
1996--Subsec. (b)(2)(A). Pub. L. 104-150, Sec. 5(a), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows:
``Expenses incident to the administration of this chapter, in an amount
not to exceed--
``(i) $5,000,000 for fiscal year 1991;
``(ii) $5,225,000 for fiscal year 1992;
``(iii) $5,460,125 for fiscal year 1993;
``(iv) $5,705,830 for fiscal year 1994; and
``(v) $5,962,593 for fiscal year 1995.''
Subsec. (b)(2)(B)(iv) to (vi). Pub. L. 104-150, Sec. 2(b)(2),
inserted ``and'' at end of cl. (iv), redesignated cl. (vi) as (v), and
struck out former cl. (v) which read as follows: ``program development
grants as authorized by section 1454 of this title, in an amount not to
exceed $200,000 for each of fiscal years 1997, 1998, and 1999; and''.
Subsec. (b)(2)(B)(v). Pub. L. 104-150, Sec. 5(b), amended cl. (v)
generally. Prior to amendment, cl. (v) read as follows: ``program
development grants as authorized by section 1454 of this title; and''.
1992--Pub. L. 102-587, Sec. 2205(b)(15), made technical amendment to
Pub. L. 101-508. See 1990 Amendment note below.
Subsec. (a)(1). Pub. L. 102-587, Sec. 2205(b)(16), in first
sentence, made technical amendment to reference to this chapter to
reflect change in corresponding provision of original act.
Pub. L. 102-587, Sec. 2205(b)(1)(A), substituted ``coastal state''
for ``coastal State'' in two places.
Subsec. (b)(1). Pub. L. 102-587, Sec. 2205(b)(17), (18), struck out
``(hereinafter in this section referred to as the `Fund')'' after
``Management Fund' '' and inserted ``and fees deposited into the Fund
under section 1456(i)(3) of this title'' after ``subsection (a) of this
section''.
Subsec. (b)(2)(B)(vi). Pub. L. 102-587, Sec. 2205(b)(1)(B),
substituted ``coastal states'' for ``coastal States''.
1990--Pub. L. 101-508, as amended by Pub. L. 102-587,
Sec. 2205(b)(15), amended section generally, substituting present
provisions for provisions authorizing a coastal energy impact program,
providing for administration of program, audit, financial assistance,
rules and regulations and guarantees, establishing eligibility
requirements for assistance, creating a Coastal Energy Impact Fund,
prohibiting interference in any land or water use decision of any
coastal state, requiring reports to Congress, and providing for
definitions for the section.
1986--Subsec. (h). Pub. L. 99-272 substituted ``subsections (c)''
for ``subsections (c)(1)'' wherever appearing.
1980--Subsec. (c)(3). Pub. L. 96-464, Sec. 7(1), added par. (3).
Subsec. (d)(4). Pub. L. 96-464, Sec. 7(2), struck out par. (4) which
provided that the Secretary shall make grants to any coastal state to
enable such state to prevent, reduce, or ameliorate any unavoidable loss
in such state's coastal zone of any valuable environmental or
recreational resource, if such loss results from coastal energy
activity, if the Secretary finds that such state has not received
amounts under subsec. (b) of this section which are sufficient to
prevent, reduce, or ameliorate such loss.
1978--Subsec. (a)(1)(A). Pub. L. 95-372, Sec. 501(b)(1), substituted
``subsection (b)(5) of this section'' for ``subsection (b)(4) of this
section''.
Subsec. (a)(1)(B). Pub. L. 95-372, Sec. 503(b)(1), substituted
``subsection (c)(1) of this section'' for ``subsection (c) of this
section''.
Subsec. (a)(1)(C) to (G). Pub. L. 95-372, Sec. 503(b)(2), added
subpar. (C) and redesignated former subpars. (C) to (F) as (D) to (G).
Subsec. (b)(2). Pub. L. 95-372, Sec. 501(a), substituted in
provisions preceding subpar. (A) ``Subject to paragraph (3), the amounts
payable'' for ``The amounts granted'' and ``subparagraphs (A), (B), and
(C)'' for ``subparagraphs (A), (B), (C), and (D)'', in subpar. (A)
``one-half'' for ``one-third'', and in subpars. (B) and (C) ``one-
quarter'' for ``one-sixth'' and struck out subpar. (D), which related to
a ratio involving the number of individuals who obtain new employment as
a result of new or expanded outer Continental Shelf energy activities.
Subsec. (b)(3). Pub. L. 95-372, Sec. 501(b)(2), added par. (3).
Former par. (3) redesignated (4).
Subsec. (b)(4). Pub. L. 95-372, Sec. 501(b)(1), redesignated par.
(3) as (4). Former par. (4) redesignated (5).
Subsec. (b)(5). Pub. L. 95-372, Sec. 501(b)(1), (c), redesignated
par. (4) as (5) and, in par. (5) as so redesignated, struck out in
subpar. (B)(i) provisions relating to the unavailability of adequate
financing under any other subsection and inserted provisions following
subpar. (B)(ii) authorizing the Secretary to describe the geographic
areas in which the public facilities and public services referred to in
subpar. (B)(i) shall be presumed to be required as a result of outer
Continental Shelf energy activities for purposes of disbursing the
proceeds of grants under this subsection. Former par. (5) redesignated
(6).
Subsec. (b)(6). Pub. L. 95-372, Sec. 501(b)(1), redesignated par.
(5) as (6) and, in par. (6) as so redesignated, in provisions preceding
subpar. (A) and in subpar. (B) substituted ``paragraph (5)'' for
``paragraph (4)''.
Subsec. (c). Pub. L. 95-372, Sec. 503(a), designated existing
provisions as par. (1) and added par. (2).
Subsec. (h). Pub. L. 95-372, Sec. 503(c), substituted ``subsections
(c)(1)'' for ``subsections (c)'' wherever appearing.
Subsec. (k). Pub. L. 95-372, Secs. 501(b)(1), 503(d), substituted in
par. (1) ``subsection (b)(5)(B) and (c)(1)'' for ``subsection (b)(4)(B)
and (c)'' and in par. (2) ``subsection (b)(5)(B)'' for ``(b)(4)(B)''.
Effective Date of 1996 Amendment
Amendment by section 2(b)(2) of Pub. L. 104-150 effective Oct. 1,
1999, see section 2(b)(3) of Pub. L. 104-150, set out as a note under
section 1454 of this title.
Extension of Authority To Make Loans Under Subsection (d)(1)
Pub. L. 99-626, Sec. 6, Nov. 7, 1986, 100 Stat. 3506, provided that:
``The authority of the Secretary of Commerce to make loans under
paragraph (1) of subsection (d) of section 308 of the Coastal Zone
Management Act of 1972 (Public Law 92-583, 16 U.S.C. 1451, et seq.) as
amended [16 U.S.C. 1456a(d)(1)], shall extend to September 30, 1987, for
loans made to eligible States or units pursuant to and in accord with
agreements entered into between the Secretary and any State prior to
September 30, 1986, that provided for a total sum of loans to be made to
that State or its units, but such loan authority shall be limited to
$7,000,000.''
Section Referred to in Other Sections
This section is referred to in sections 1453, 1456, 1459, 1460, 1462
of this title.
