
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
