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Sec.

1456a. 1456b.

1456c.

1457. 1458.

1459.

1460.

1461.

1462.

1463. 1463a.

1463b.

1464.

[blocks in formation]

(f) Funding.

(g) Eligibility; suspension of State for

noncompliance.

Technical assistance.
Public hearings.

Review of performance.

(a) Evaluation of adherence with terms of grant.

(b) Public participation; notice of meetings; reports.

(c) Suspension of financial assistance for
noncompliance; notification of Gov-
ernor; length of suspension.

(d) Withdrawal of approval of program.
(e) Notice and hearing.

Records and audit.

(a) Maintenance of records by recipients of grants or financial assistance. (b) Access by Secretary and Comptroller General to records, books, etc., of recipients of grants or financial assistance for audit and examination. Walter B. Jones excellence in coastal zone management awards.

(a) Establishment.

(b) Annual selection of recipients.

(c) Solicitation of nominations for local government recipients.

(d) Solicitation of nominations for graduate student recipients.

(e) Funding; types of awards. National Estuarine Research Reserve System. (a) Establishment of System.

(b) Designation of national estuarine re

serves.

(c) Estuarine research guidelines.

(d) Promotion and coordination of estuarine research.

(e) Financial assistance.

(f) Evaluation of System performance.
(g) Report.

Coastal zone management reports.
(a) Biennial reports.

(b) Recommendations for legislation.
(c) Review of other Federal programs; re-
port to Congress.

Rules and regulations.
Omitted.

National Coastal Resources Research and Development Institute.

(a) Establishment by Secretary; administration.

(b) Purposes of Institute.

(c) Determination of Institute policies.
(d) Establishment of Advisory Council;
functions and composition.

(e) Administration of Institute.

(f) Evaluation of Institute by Secretary. (g) Report to Secretary.

(h) Access to Institute books, records, and documents.

(i) Status of Institute employees. (j) Authorization of appropriations. Authorization of appropriations.

(a) Sums appropriated to Secretary.

1465.

(c) Reversion to Secretary of unobligated State funds; availability of funds.

Appeals to Secretary.

(a) Notice.

(b) Deadline.

(c) Application.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 5441, 1455b, 3505, 6406 of this title; title 33 sections 1503, 1508, 2801; title 42 sections 9111, 9115; title 43 sections 1351, 1866; title 46 section 13101.

§ 1451. Congressional findings

The Congress finds that

(a) There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone.

(b) The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation.

(c) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion.

(d) The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man's alterations.

(e) Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost.

(f) New and expanding demands for food, energy, minerals, defense needs, recreation, waste disposal, transportation, and industrial activities in the Great Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are placing stress on these areas and are creating the need for resolution of serious conflicts among important and competing uses and values in coastal and ocean waters;

(g) Special natural and scenic characteristics are being damaged by ill-planned development that threatens these values.

(h) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate.

(i) The key to more effective protection and use of the land and water resources of the coastal zone is to encourage the states to exercise their full authority over the lands and waters in the coastal zone by assisting the states, in cooperation with Federal and local governments and other vitally affected interests, in develop

ing land and water use programs for the coastal zone, including unified policies, criteria, standards, methods, and processes for dealing with land and water use decisions of more than local significance.

(j) The national objective of attaining a greater degree of energy self-sufficiency would be advanced by providing Federal financial assistance to meet state and local needs resulting from new or expanded energy activity in or affecting the coastal zone.

(k) Land uses in the coastal zone, and the uses of adjacent lands which drain into the coastal zone, may significantly affect the quality of coastal waters and habitats, and efforts to control coastal water pollution from land use activities must be improved.

(1) Because global warming may result in a substantial sea level rise with serious adverse effects in the coastal zone, coastal states must anticipate and plan for such an occurrence.

(m) Because of their proximity to and reliance upon the ocean and its resources, the coastal states have substantial and significant interests in the protection, management, and development of the resources of the exclusive economic zone that can only be served by the active participation of coastal states in all Federal programs affecting such resources and, wherever appropriate, by the development of state ocean resource plans as part of their federally approved coastal zone management programs. (Pub. L. 89-454, title III, §302, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1280; amended Pub. L. 94-370, $2, July 26, 1976, 90 Stat. 1013; Pub. L. 96-464, §2, Oct. 17, 1980, 94 Stat. 2060; Pub. L. 101-508, title VI, § 6203(a), Nov. 5, 1990, 104 Stat. 1388-300.)

AMENDMENTS

1990 Subsec. (d). Pub. L. 101-508, §6203(a)(1), inserted "habitat areas of the" before "coastal zone".

Subsec. (f). Pub. L. 101-508, § 6203(a)(2), inserted “exclusive economic zone," after "territorial sea,". Subsecs. (k) to (m). Pub. L. 101-508, § 6203(a)(3), added subsecs. (k) to (m).

1980 Subsecs. (f) to (j). Pub. L. 96-464, §2(1), (2), added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively.

1976 Subsec. (b). Pub. L. 94-370, §2(1), inserted "ecological," after "recreational,”.

Subsec. (i). Pub. L. 94-370, §2(3), added subsec. (i).

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-150, §1, June 3, 1996, 110 Stat. 1380, provided that: "This Act [enacting section 1465 of this title, amending sections 1454, 1455a, 1456a, 1456b, 1461, and 1464 of this title, and enacting provisions set out as a note under section 1454 of this title] may be cited as the 'Coastal Zone Protection Act of 1996'."

SHORT TITLE OF 1990 AMENDMENT

Section 6201 of title VI of Pub. L. 101-508 provided that: "This subtitle [subtitle C (§§ 6201-6217) of title VI of Pub. L. 101-508, enacting sections 1455b, 1456c, and 1460 of this title, amending this section and sections 1452 to 1456b, 1458, 1461, and 1464 of this title, and enacting provisions set out as notes under this section and section 1455 of this title] may be cited as the 'Coastal Zone Act Reauthorization Amendments of 1990'."

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-272, title VI, §6041, Apr. 7, 1986, 100 Stat. 124, provided that: "This subtitle [subtitle

D

(§§ 6041-6047) of title VI of Pub. L. 99-272, amending sections 1455, 1455a, 1456a, 1458, 1461, and 1464 of this title, repealing sections 1456c and 1460 of this title, and repealing provisions set out as a note under this section] may be cited as the 'Coastal Zone Management Reauthorization Act of 1985'."

SHORT TITLE OF 1980 AMENDMENT

Section 1 of Pub. L. 96-464 provided: "That this Act [enacting sections 1455a and 1463a of this title, amending this section and sections 1452, 1453, 1455, 1456a, 1456b, 1458, 1461, 1462, and 1464 of this title, and enacting provisions set out as notes under sections 1455, 1458, and 1463a of this title] may be cited as the 'Coastal Zone Management Improvement Act of 1980'."

SHORT TITLE OF 1976 AMENDMENT

Section 1 of Pub. L. 94-370 provided: "That this Act [enacting section 1511a of Title 15, Commerce and Trade, and sections 1456a to 1456c of this title, amending this section, sections 1453 to 1456 and 1457 to 1464 of this title, and section 5316 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under section 1511a of Title 15 and section 1462 of this title] may be cited as the 'Coastal Zone Management Act Amendments of 1976'."

SHORT TITLE

Section 301 of title III of Pub. L. 89-454, as added by Pub. L. 92-583, provided that: "This title [enacting this chapter] may be cited as the 'Coastal Zone Management Act of 1972'."

HARMFUL ALGAL BLOOMS AND HYPOXIA RESEARCH AND CONTROL

Pub. L. 105-383, title VI, Nov. 13, 1998, 112 Stat. 3447, provided that:

"SEC. 601. SHORT TITLE.

"This title may be cited as the 'Harmful Algal Bloom and Hypoxia Research and Control Act of 1998'. "SEC. 602. FINDINGS.

"The Congress finds that—

"(1) the recent outbreak of the harmful microbe Pfiesteria piscicida in the coastal waters of the United States is one example of potentially harmful algal blooms composed of naturally occurring species that reproduce explosively and that are increasing in frequency and intensity in the Nation's coastal waters;

"(2) other recent occurrences of harmful algal blooms include red tides in the Gulf of Mexico and the Southeast; brown tides in New York and Texas; ciguatera fish poisoning in Hawaii, Florida, Puerto Rico, and the United States Virgin Islands; and shellfish poisonings in the Gulf of Maine, the Pacific Northwest, and the Gulf of Alaska;

“(3) in certain cases, harmful algal blooms have resulted in fish kills, the deaths of numerous endangered West Indian manatees, beach and shellfish bed closures, threats to public health and safety, and concern among the public about the safety of seafood;

"(4) according to some scientists, the factors causing or contributing to harmful algal blooms may include excessive nutrients in coastal waters, other forms of pollution, the transfer of harmful species through ship ballast water, and ocean currents;

“(5) harmful algal blooms may have been responsible for an estimated $1,000,000,000 in economic losses during the past decade;

"(6) harmful algal blooms and blooms of non-toxic algal species may lead to other damaging marine conditions such as hypoxia (reduced oxygen concentrations), which are harmful or fatal to fish, shellfish, and benthic organisms;

"(7) according to the National Oceanic and Atmospheric Administration in the Department of Commerce, 53 percent of United States estuaries experience hypoxia for at least part of the year and a 7,000

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