§ 1458. — Review of performance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1458]
TITLE 16--CONSERVATION
CHAPTER 33--COASTAL ZONE MANAGEMENT
Sec. 1458. Review of performance
(a) Evaluation of adherence with terms of grants
The Secretary shall conduct a continuing review of the performance
of coastal states with respect to coastal management. Each review shall
include a written evaluation with an assessment and detailed findings
concerning the extent to which the state has implemented and enforced
the program approved by the Secretary, addressed the coastal management
needs identified in section 1452(2)(A) through (K) of this title, and
adhered to the terms of any grant, loan, or cooperative agreement funded
under this chapter.
(b) Public participation; notice of meetings; reports
In evaluating a coastal state's performance, the Secretary shall
conduct the evaluation in an open and public manner, and provide full
opportunity for public participation, including holding public meetings
in the State being evaluated and providing opportunities for the
submission of written and oral comments by the public. The Secretary
shall provide the public with at least 45 days' notice of such public
meetings by placing a notice in the Federal Register, by publication of
timely notices in newspapers of general circulation within the State
being evaluated, and by communications with persons and organizations
known to be interested in the evaluation. Each evaluation shall be
prepared in report form and shall include written responses to the
written comments received during the evaluation process. The final
report of the evaluation shall be completed within 120 days after the
last public meeting held in the State being evaluated. Copies of the
evaluation shall be immediately provided to all persons and
organizations participating in the evaluation process.
(c) Suspension of financial assistance for noncompliance; notification
of Governor; length of suspension
(1) The Secretary may suspend payment of any portion of financial
assistance extended to any coastal state under this chapter, and may
withdraw any unexpended portion of such assistance, if the Secretary
determines that the coastal state is failing to adhere to (A) the
management program or a State plan developed to manage a national
estuarine reserve established under section 1461 of this title, or a
portion of the program or plan approved by the Secretary, or (B) the
terms of any grant or cooperative agreement funded under this chapter.
(2) Financial assistance may not be suspended under paragraph (1)
unless the Secretary provides the Governor of the coastal state with--
(A) written specifications and a schedule for the actions that
should be taken by the State in order that such suspension of
financial assistance may be withdrawn; and
(B) written specifications stating how those funds from the
suspended financial assistance shall be expended by the coastal
state to take the actions referred to in subparagraph (A).
(3) The suspension of financial assistance may not last for less
than 6 months or more than 36 months after the date of suspension.
(d) Withdrawal of approval of program
The Secretary shall withdraw approval of the management program of
any coastal state and shall withdraw financial assistance available to
that State under this chapter as well as any unexpended portion of such
assistance, if the Secretary determines that the coastal state has
failed to take the actions referred to in subsection (c)(2)(A) of this
section.
(e) Notice and hearing
Management program approval and financial assistance may not be
withdrawn under subsection (d) of this section, unless the Secretary
gives the coastal state notice of the proposed withdrawal and an
opportunity for a public hearing on the proposed action. Upon the
withdrawal of management program approval under this subsection (d) of
this section, the Secretary shall provide the coastal state with written
specifications of the actions that should be taken, or not engaged in,
by the state in order that such withdrawal may be canceled by the
Secretary.
(Pub. L. 89-454, title III, Sec. 312, formerly Sec. 309, as added Pub.
L. 92-583, Oct. 27, 1972, 86 Stat. 1287, renumbered Sec. 312 and amended
Pub. L. 94-370, Secs. 7, 10, July 26, 1976, 90 Stat. 1019, 1029; Pub. L.
96-464, Sec. 9(a), Oct. 17, 1980, 94 Stat. 2065; Pub. L. 99-272, title
VI, Sec. 6043(a), Apr. 7, 1986, 100 Stat. 124; Pub. L. 101-508, title
VI, Secs. 6212, 6216(b), Nov. 5, 1990, 104 Stat. 1388-311, 1388-314;
Pub. L. 102-587, title II, Sec. 2205(b)(1)(A), (C), Nov. 4, 1992, 106
Stat. 5050.)
Amendments
1992--Subsecs. (b), (c)(1). Pub. L. 102-587 substituted ``coastal
state's'' for ``coastal State's'' in subsec. (b) and ``coastal state''
for ``coastal State'' after ``any'' in subsec. (c)(1).
1990--Subsec. (a). Pub. L. 101-508, Sec. 6216(b), substituted
``through (K)'' for ``through (I)''.
Subsec. (b). Pub. L. 101-508, Sec. 6212(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``For the
purpose of making the evaluation of a coastal state's performance, the
Secretary shall conduct public meetings and provide opportunity for oral
and written comments by the public. Each such evaluation shall be
prepared in report form and the Secretary shall make copies thereof
available to the public.''
Subsec. (c). Pub. L. 101-508, Sec. 6212(b), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``The
Secretary shall reduce any financial assistance extended to any coastal
state under section 1455 of this title (but not below 70 per centum of
the amount that would otherwise be available to the coastal state under
such section for any year), and withdraw any unexpended portion of such
reduction, if the Secretary determines that the coastal state--
``(1) is failing to make significant improvement in achieving
the coastal management objectives specified in section 1452(2)(A)
through (I) of this title; or
``(2) is failing to make satisfactory progress in providing in
its management program for the matters referred to in section
1455(i)(A) and (B) of this title.''
Subsec. (d). Pub. L. 101-508, Sec. 6212(c), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ``The
Secretary shall withdraw approval of the management program of any
coastal state, and shall withdraw any financial assistance available to
that state under this chapter as well as any unexpended portion of such
assistance, if the Secretary determines that the coastal state is
failing to adhere to, is not justified in deviating from (1) the
management program approved by the Secretary, or (2) the terms of any
grant or cooperative agreement funded under section 1455 of this title,
and refuses to remedy the deviation.''
Subsec. (f). Pub. L. 101-508, Sec. 6212(d), struck out subsec. (f)
which read as follows: ``The Secretary shall carry out research on, and
offer technical assistance of the coastal states with respect to, those
activities, projects, and other relevant matters evaluated under this
section that the Secretary considers to offer promise toward improving
coastal zone management.''
1986--Subsec. (c). Pub. L. 99-272 designated existing provisions
relating to failure to achieve objectives specified in section
1452(2)(A) through (I) as par. (1), and added par. (2).
1980--Subsec. (a). Pub. L. 96-464 substituted provisions relating to
continuing review of coastal states performance with respect to coastal
management for provisions relating to continuing review of management
programs of coastal states, the performance of such states with respect
to coastal zone management, and coastal energy impact program.
Subsec. (b). Pub. L. 96-464 substituted provisions relating to
public meeting and comments for provisions relating to termination of
financial assistance.
Subsecs. (c) to (f). Pub. L. 96-464 added subsecs. (c) to (f).
1976--Subsec. (a). Pub. L. 94-370, Sec. 10, designated existing
provisions as par. (1), substituted ``such states with respect to
coastal zone management; and'' for ``each state.'', and added par. (2).
Regulations
Section 9(b) of Pub. L. 96-464 provided that: ``Within two hundred
and seventy days after the date of the enactment of this Act [Oct. 17,
1980], the Secretary of Commerce shall issue such regulations as may be
necessary or appropriate to administer section 312 of the Coastal Zone
Management Act of 1972 (as amended by subsection (a) of this section)
[this section].''
Section Referred to in Other Sections
This section is referred to in section 1462 of this title.
