
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: 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.
