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 (e) Notice and hearing Management program approval and financial assistance may not be withdrawn under subsection (d) of this section, unless the Secretary gives the coastal state notice of the proposed withdrawal and an opportunity for a public hearing on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, §312, formerly §309, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1287, renumbered §312 and amended Pub. L. 94-370, §§7, 10, July 26, 1976, 90 Stat. 1019, 1029; Pub. L. 96-464, §9(a), Oct. 17, 1980, 94 Stat. 2065; Pub. L. 99-272, title VI, § 6043(a), Apr. 7, 1986, 100 Stat. 124; Pub. L. 101-508, title VI, §§ 6212, 6216(b), Nov. 5, 1990, 104 Stat. 1388-311, 1388-314; Pub. L. 102-587, title II, §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, § 6216(b), substituted "through (K)" for "through (I)". Subsec. (b). Pub. L. 101-508, §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, § 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, §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, §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. (f). Subsecs. (c) to (f). Pub. L. 96-464 added subsecs. (c) to 1976 Subsec. (a). Pub. L. 94-370, § 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. § 1459. Records and audit (a) Maintenance of records by recipients of grants or financial assistance Each recipient of a grant under this chapter or of financial assistance under section 1456a of this title, as in effect before November 5, 1990, shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition of the funds received under the grant and of the proceeds of such assistance, the total cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) Access by Secretary and Comptroller General to records, books, etc., of recipients of grants or financial assistance for audit and examination The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall (1) after any grant is made under this chapter or any financial assistance is provided under section 1456a of this title, as in effect before November 5, 1990; and (2) until the expiration of 3 years after (A) completion of the project, program, or other undertaking for which such grant was made or used, or (B) repayment of the loan or guaranteed indebtedness for which such financial assistance was provided, have access for purposes of audit and examination to any record, book, document, and paper which belongs to or is used or controlled by, any recipient of the grant funds or any person who entered into any transaction relating to such financial assistance and which is pertinent for purposes of determining if the grant funds or the proceeds of such financial assistance are being, or were, used in accordance with the provisions of this chapter. (Pub. L. 89-454, title III, §313, formerly §310, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1287; renumbered §313 and amended Pub. L. 94-370, §§ 7, 11, July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 102-587, title II, §2205(b)(19), Nov. 4, 1992, 106 Stat. 5052.) AMENDMENTS 1992-Subsec. (a). Pub. L. 102-587, §2205(b)(19)(A), substituted "section 1456a of this title, as in effect before November 5, 1990," for "section 1456a of this title". Subsec. (b)(1). Pub. L. 102-587, §2205(b)(19)(B), substituted "section 1456a of this title, as in effect before November 5, 1990; and" for "section 1456a(d) of this title; and". 1976 Subsec. (a). Pub. L. 94-370, §11(2), inserted "or of financial assistance under section 1456a of this title" after "grant under this chapter" and "and of the proceeds of such assistance" after "received under the grant". Subsec. (b). Pub. L. 94-370, §11(3), inserted provisions limiting duration of authority to 3 years after completion of project or repayment of loan and enlarged scope of access to include persons who entered into transactions relating to the grant of funds. § 1460. Walter B. Jones excellence in coastal zone management awards (a) Establishment The Secretary shall, using sums in the Coastal Zone Management Fund established under section 1456a of this title and other amounts available to carry out this chapter (other than amounts appropriated to carry out sections 1454, 1455, 1455a, 1456b, 1456c, and 1461 of this title), implement a program to promote excellence in coastal zone management by identifying and acknowledging outstanding accomplishments in the field. (b) Annual selection of recipients The Secretary shall elect annually (1) one individual, other than an employee or officer of the Federal Government, whose contribution to the field of coastal zone management has been the most significant; (2) 5 local governments which have made the most progress in developing and implementing the coastal zone management principles embodied in this chapter; and (3) up to 10 graduate students whose academic study promises to contribute materially to development of new or improved approaches to coastal zone management. (c) Solicitation of nominations for local government recipients In making selections under subsection (b)(2) of this section the Secretary shall solicit nominations from the coastal states, and shall consult with experts in local government planning and land use. (d) Solicitation of nominations for graduate student recipients In making selections under subsection (b)(3) of this section the Secretary shall solicit nominations from coastal states and the National Sea Grant College Program. (e) Funding; types of awards Using sums in the Coastal Zone Management Fund established under section 1456a of this title (a) Establishment of System There is established the National Estuarine Research Reserve System (hereinafter referred to in this section as the "System") that consists of— (1). each estuarine sanctuary designated under this section as in effect before April 7, 1986; and (2) each estuarine area designated as a national estuarine reserve under subsection (b) of this section. Each estuarine sanctuary referred to in paragraph (1) is hereby designated as a national estuarine reserve. (b) Designation of national estuarine reserves After April 7, 1986, the Secretary may designate an estuarine area as a national estuarine reserve if— (1) the Governor of the coastal state in which the area is located nominates the area for that designation; and (2) the Secretary finds that (A) the area is a representative estuarine ecosystem that is suitable for long-term research and contributes to the biogeographical and typological balance of the System; (B) the law of the coastal state provides long-term protection for reserve resources to ensure a stable environment for research; (C) designation of the area as a reserve will serve to enhance public awareness and understanding of estuarine areas, and provide suitable opportunities for public education and interpretation; and (D) the coastal state in which the area is located has complied with the requirements of any regulations issued by the Secretary to implement this section. (c) Estuarine research guidelines The Secretary shall develop guidelines for the conduct of research within the System that shall include (1) a mechanism for identifying, and establishing priorities among, the coastal management issues that should be addressed through coordinated research within the System; (2) the establishment of common research principles and objectives to guide the development of research programs within the System; (3) the identification of uniform research methodologies which will ensure comparability of data, the broadest application of research results, and the maximum use of the System for research purposes; (4) the establishment of performance standards upon which the effectiveness of the research efforts and the value of reserves within the System in addressing the coastal management issues identified in paragraph (1) may be measured; and (5) the consideration of additional sources of funds for estuarine research than the funds authorized under this chapter, and strategies for encouraging the use of such funds within the System, with particular emphasis on mechanisms established under subsection (d) of this section. In developing the guidelines under this section, the Secretary shall consult with prominent members of the estuarine research community. (d) Promotion and coordination of estuarine research The Secretary shall take such action as is necessary to promote and coordinate the use of the System for research purposes including (1) requiring that the National Oceanic and Atmospheric Administration, in conducting or supporting estuarine research, give priority consideration to research that uses the System: and (2) consulting with other Federal and State agencies to promote use of one or more reserves within the System by such agencies when conducting estuarine research. (e) Financial assistance (1) The Secretary may, in accordance with such rules and regulations as the Secretary shall promulgate, make grants (A) to a coastal state (i) for purposes of acquiring such lands and waters, and any property interests therein, as are necessary to ensure the appropriate long-term management of an area as a national estuarine reserve, (ii) for purposes of operating or managing a national estuarine reserve and constructing appropriate reserve facilities, or (iii) for purposes of conducting educational or interpretive activities; and (B) to any coastal state or public or private person for purposes of supporting research and monitoring within a national estuarine reserve that are consistent with the research guidelines developed under subsection (c) of this section. (2) Financial assistance provided under paragraph (1) shall be subject to such terms and conditions as the Secretary considers necessary or appropriate to protect the interests of the United States, including requiring coastal states to execute suitable title documents setting forth the property interest or interests of the United States in any lands and waters acquired in whole or part with such financial assistance. (3)(A) The amount of the financial assistance provided under paragraph (1)(A)(i) with respect to the acquisition of lands and waters, or interests therein, for any one national estuarine reserve may not exceed an amount equal to 50 percent of the costs of the lands, waters, and interests therein or $5,000,000, whichever amount is less. (B) The amount of the financial assistance provided under paragraph (1)(A)(ii) and (iii) and paragraph (1)(B) may not exceed 70 percent of the costs incurred to achieve the purposes described in those paragraphs with respect to a reserve; except that the amount of the financial assistance provided under paragraph (1)(A)(iii) may be up to 100 percent of any costs for activities that benefit the entire System. (C) Notwithstanding subparagraphs (A) and (B), financial assistance under this subsection provided from amounts recovered as a result of damage to natural resources located in the coastal zone may be used to pay 100 percent of the costs of activities carried out with the assistance. (f) Evaluation of System performance (1) The Secretary shall periodically evaluate the operation and management of each national estuarine reserve, including education and interpretive activities, and the research being conducted within the reserve. (2) If evaluation under paragraph (1) reveals that the operation and management of the reserve is deficient, or that the research being conducted within the reserve is not consistent with the research guidelines developed under subsection (c) of this section, the Secretary may suspend the eligibility of that reserve for financial assistance under subsection (e) of this section until the deficiency or inconsistency is remedied. (3) The Secretary may withdraw the designation of an estuarine area as a national estuarine reserve if evaluation under paragraph (1) reveals that (A) the basis for any one or more of the findings made under subsection (b)(2) of this section regarding that area no longer exists; or (B) a substantial portion of the research conducted within the area, over a period of years, has not been consistent with the research guidelines developed under subsection (c) of this section. (g) Report The Secretary shall include in the report required under section 1462 of this title information regarding (1) new designations of national estuarine reserves; (2) any expansion of existing national estuarine reserves; (3) the status of the research program being conducted within the System; and (4) a summary of the evaluations made under subsection (f) of this section. (Pub. L. 89-454, title III, §315, formerly § 312, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered §315 and amended Pub. L. 94-370, §§ 7, 12, July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 96-464, §11, Oct. 17, 1980, 94 Stat. 2067; Pub. L. 99-272, title VI, §6044, Apr. 7, 1986, 100 Stat. 125; Pub. L. 101-508, title VI, §6214, Nov. 5, 1990, 104 Stat. 1388-313; Pub. L. 102-587, title II, § 2205(b)(1)(A), (B), (21), (22), Nov. 4, 1992, 106 Stat. 5050, 5052; Pub. L. 104-150, §6, June 3, 1996, 110 Stat. 1381.) AMENDMENTS 1996 Subsec. (e)(3)(C). Pub. L. 104-150 added subpar. (C). 1992-Subsec. (a). Pub. L. 102-587, §2205(b)(21), substituted "Research Reserve" for "Reserve Research". Subsec. (b). Pub. L. 102-587, §2205(b)(1)(A), substituted "coastal state" for "coastal State" in pars. (1) and (2)(B) and (D). Subsec. (c)(4). Pub. L. 102-587, §2205(b)(22), substituted "paragraph (1)" for "subsection (1)". Subsec. (e). Pub. L. 102-587, §2205(b)(1)(A), (B), substituted "coastal state" for "coastal State" in par. (1)(A) and (B) and "coastal states" for "coastal States" in par. (2). 1990-Pub. L. 101-508, §6214(a), substituted "Research Reserve" for "Reserve Research" in section catchline. Subsec. (e)(3)(A). Pub. L. 101-508, §6214(b), (d), substituted "percent" for "per centum" and "$5,000,000" for "$4,000,000", and struck out "of subsection (e) of this section" after "paragraph (1)(A)(i)”. Subsec. (e)(3)(B). Pub. L. 101-508, § 6214(c), (d), substituted "70 percent" for "50 per centum", struck out "of subsection (e) of this section" after "paragraph (1)(B)" and inserted before period at end"; except that the amount of the financial assistance provided under paragraph (1)(A)(iii) may be up to 100 percent of any costs for activities that benefit the entire System". 1986-Pub. L. 99-272 amended section generally. Prior to amendment, section read as follows: "The Secretary may, in accordance with this section and in accordance with such rules and regulations as the Secretary shall promulgate, make grants to any coastal state for the purpose of— "(1) acquiring, developing, or operating estuarine sanctuaries, to serve as natural field laboratories in which to study and gather data on the natural and human processes occurring within the estuaries of the coastal zone; and "(2) acquiring lands to provide for the preservation of islands, or portions thereof. The amount of any such grant shall not exceed 50 per centum of the cost of the project involved; except that, in the case of acquisition of any estuarine sanctuary, the Federal share of the cost thereof shall not exceed $3,000,000. No grant for acquisition of land may be made under this section without the approval of the Governor of the State in which is located the land proposed to be acquired." 1980-Pub. L. 96-464, in par. (2), substituted "the preservation of islands, or portions thereof" for "access to public beaches and other public coastal areas of environmental, recreational, historical, esthetic, ecological, or cultural value, and for the preservation of islands"; and in provision following par. (2), raised the spending limitation of $2,000,000 to $3,000,000 and inserted provision that no grant for acquisition of land may be made under this section without the approval of the Governor of the state in which the land proposed to be acquired is located. 1976-Pub. L. 94-370, § 12, restructured existing provisions into pars. (1) and (2), inserted purpose of acquiring lands to provide for access to beaches and other coastal areas and for the preservation of islands, and struck out proviso that no Federal funds received pursuant to sections 1454 or 1455 of this title be used for purposes of this section. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1447c, 1458, 1460, 1464 of this title; title 42 sections 7403, 7412. § 1462. Coastal zone management reports (a) Biennial reports The Secretary shall consult with the Congress on a regular basis concerning the administration of this chapter and shall prepare and submit to the President for transmittal to the Congress a report summarizing the administration of this chapter during each period of two consecutive fiscal years. Each report, which shall be transmitted to the Congress not later than April 1 of the year following the close of the biennial period to which it pertains, shall include, but not be restricted to (1) an identification of the state programs approved pursuant to this chapter during the preceding Federal fiscal year and a description of those programs; (2) a listing of the states participating in the provisions of this chapter and a description of the status of each state's programs and its accomplishments during the preceding Federal fiscal year; (3) an itemization of the allocation of funds to the various coastal states and a breakdown of the major projects and areas on which these funds were expended; (4) an identification of any state programs which have been reviewed and disapproved, and a statement of the reasons for such actions; (5) a summary of evaluation findings prepared in accordance with subsection (a) of section 1458 of this title, and a description of any sanctions imposed under subsections (c) and (d) of section 1458 of this title; (6) a listing of all activities and projects which, pursuant to the provisions of subsection (c) or subsection (d) of section 1456 of this title, are not consistent with an applicable approved state management program; (7) a summary of the regulations issued by the Secretary or in effect during the preceding Federal fiscal year; (8) a summary of a coordinated national strategy and program for the Nation's coastal zone including identification and discussion of Federal, regional, state, and local responsibilities and functions therein; (9) a summary of outstanding problems arising in the administration of this chapter in order of priority; (10) a description of the economic, environmental, and social consequences of energy activity affecting the coastal zone and an evaluation of the effectiveness of financial assistance under section 1456a of this title in dealing with such consequences; (11) a description and evaluation of applicable interstate and regional planning and coordination mechanisms developed by the coastal states; (12) a summary and evaluation of the research, studies, and training conducted in support of coastal zone management; and (13) such other information as may be appropriate. 1 (b) Recommendations for legislation The report required by subsection (a) of this section shall contain such recommendations for additional legislation as the Secretary deems necessary to achieve the objectives of this chapter and enhance its effective operation. (c) Review of other Federal programs; report to Congress (1) The Secretary shall conduct a systematic review of Federal programs, other than this chapter, that affect coastal resources for purposes of identifying conflicts between the objectives and administration of such programs and the purposes and policies of this chapter. Not later than 1 year after October 17, 1980, the Secretary shall notify each Federal agency having appropriate jurisdiction of any conflict between its program and the purposes and policies of this chapter identified as a result of such review. (2) The Secretary shall promptly submit a report to the Congress consisting of the information required under paragraph (1) of this subsection. Such report shall include recommendations for changes necessary to resolve existing conflicts among Federal laws and programs that affect the uses of coastal resources. (Pub. L. 89-454, title III, §316, formerly §313, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered §316 and amended Pub. L. 94-370, §§ 7, 13, July 26, 1976, 90 Stat. 1019, 1030; Pub. L. 96-464, §10, Oct. 17, 1980, 94 Stat. 2066; Pub. L. 102-587, title II, §2205(b)(23), Nov. 4, 1992, 106 Stat. 5052.) AMENDMENTS 1992 Subsec. (a)(5). Pub. L. 102-587 substituted "subsections (c) and (d) of section 1458 of this title" for "subsections (c) and (d) of this section”. 1980 Subsec. (a). Pub. L. 96-464, §10(2), in provision preceding opening sentence, substituted provisions that the Secretary consult with Congress concerning the administration of this chapter and prepare and submit a biennial report to the President for transmittal to Congress for provisions that the Secretary prepare and submit to the President for transmittal to Congress an annual report for the preceding year not later than November 1 of each year, in cl. (4), substituted "reviewed and disapproved and a" for "reviewed and disapproved or with respect to which grants have been terminated under this chapter, and a", added cl. (5), and redesignated cls. (5) to (12) as (6) to (13) respectively. Subsec. (c). Pub. L. 96-464, § 10(3), added subsec. (c). 1976 Subsec. (a). Pub. L. 94-370, §13, added cls. (9) to (11) and redesignated former cl. (9) as (12). TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to transmittal to Congress of a biennial report summarizing the administration of this chapter, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 53 of House Document No. 103-7. SHELLFISH SANITATION Section 16 of Pub. L. 94-370 provided that: "(a) The Secretary of Commerce shall "(1) undertake a comprehensive review of all aspects of the molluscan shellfish industry, including, but not limited to, the harvesting, processing, and transportation of such shellfish; and "(2) evaluate the impact of Federal law concerning water quality on the molluscan shellfish industry. The Secretary of Commerce shall, not later than April 30, 1977, submit a report to the Congress of the findings, comments, and recommendations (if any) which result from such review and evaluation. "(b) The Secretary of Health, Education, and Welfare [now Health and Human Services] shall not promulgate final regulations concerning the national shellfish safety program before June 30, 1977. At least 60 days prior to the promulgation of any such regulations, the Secretary of Health, Education, and Welfare, in consultation with the Secretary of Commerce, shall publish an analysis (1) of the economic impact of such regulations on the domestic shellfish industry, and (2) the cost of such national shellfish safety program relative to the benefits that it is expected to achieve." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1461 of this title. § 1463. Rules and regulations The Secretary shall develop and promulgate, pursuant to section 553 of title 5, after notice and opportunity for full participation by relevant Federal agencies, state agencies, local governments, regional organizations, port authorities, and other interested parties, both public and private, such rules and regulations as may be necessary to carry out the provisions of this chapter. (Pub. L. 89-454, title III, §317, formerly §314, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1288; renumbered § 317, Pub. L. 94-370, §7, July 26, 1976, 90 Stat. 1019.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1456b of this title. § 1463a. Omitted CODIFICATION Section, Pub. L. 96-464, §12(a)-(g), Oct. 17, 1980, 94 Stat. 2067; Pub. L. 98-620, title IV, § 402(20), Nov. 8, 1984, 98 Stat. 3358, which required the Secretary of Commerce to submit to Congress any final rule promulgated pursuant to this chapter and provided procedures for Congressional disapproval of such rules was omitted pursuant to section 12(h) of Pub. L. 96-464, which provided that this section would cease to have any force or effect after Sept. 30, 1985. § 1463b. National Coastal Resources Research and Development Institute (a) Establishment by Secretary; administration The Secretary of Commerce shall provide for the establishment of a National Coastal Resources Research and Development Institute (hereinafter in this section referred to as the "Institute") to be administered by the Oregon State Marine Science Center. (b) Purposes of Institute The Institute shall conduct research and carry out educational and demonstration projects designed to promote the efficient and responsible development of ocean and coastal resources, including arctic resources. Such projects shall be based on biological, geological, genetic, economic and other scientific research applicable to the purposes of this section and shall include studies on the economic diversification and environmental protection of the Nation's coastal areas. |