§ 1456b. — Coastal zone enhancement 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: 16USC1456b]
TITLE 16--CONSERVATION
CHAPTER 33--COASTAL ZONE MANAGEMENT
Sec. 1456b. Coastal zone enhancement grants
(a) ``Coastal zone enhancement objective'' defined
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) Limits on grants
(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 1455 of
this title, 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 1455(e) of this title.
(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) Evaluation of State proposals by Secretary
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) of this section. 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) Promulgation of regulations by Secretary
Within 12 months following November 5, 1990, and consistent with the
notice and participation requirements established in section 1463 of
this title, 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) No State contribution required
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) Funding
Beginning in fiscal year 1991, not less than 10 percent and not more
than 20 percent of the amounts appropriated to implement sections 1455
and 1455a of this title shall be retained by the Secretary for use in
implementing this section, up to a maximum of $10,000,000 annually.
(g) Eligibility; suspension of State for noncompliance
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.
(Pub. L. 89-454, title III, Sec. 309, as added Pub. L. 94-370, Sec. 8,
July 26, 1976, 90 Stat. 1028; amended Pub. L. 96-464, Sec. 8, Oct. 17,
1980, 94 Stat. 2064; Pub. L. 101-508, title VI, Sec. 6210, Nov. 5, 1990,
104 Stat. 1388-309; Pub. L. 102-587, title II, Sec. 2205(b)(1)(B), Nov.
4, 1992, 106 Stat. 5050; Pub. L. 104-150, Secs. 3, 7(2), June 3, 1996,
110 Stat. 1380, 1382.)
Codification
November 5, 1990, referred to in subsec. (d), was in the original
``the date of enactment of this section'', and was translated as meaning
the date of enactment of section 6210 of Pub. L. 101-508, which amended
this section generally, to reflect the probable intent of Congress.
Amendments
1996--Subsec. (a)(9). Pub. L. 104-150, Sec. 7(2), added par. (9).
Subsec. (b). Pub. L. 104-150, Sec. 3, designated existing provisions
as par. (1) and added par. (2).
1992--Subsec. (b). Pub. L. 102-587 substituted ``coastal states''
for ``coastal States''.
1990--Pub. L. 101-508 amended section generally, substituting
present provisions for provisions providing for interstate grants and
agreements for developing and administering coordinated coastal zone
planning and programs, setting priorities for unified coastal zone
policies in contiguous areas of coastal states, providing for a Federal-
State consultation procedure, authorizing temporary planning and
coordinated activity, and establishing eligibility of States to receive
Federal assistance.
1980--Pub. L. 96-464 amended section generally and, among many
changes, made a number of technical amendments, and inserted provision
making it clear that only states which meet the basic eligibility
requirements in this chapter can receive funding under this section.
Section Referred to in Other Sections
This section is referred to in sections 1456c, 1460, 1464 of this
title.
