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U.S. Code as of:
01/19/04
Section 1455. Administrative grants
(a) Authorization; matching funds
The Secretary may make grants to any coastal state for the
purpose of administering that State's management program, if the
State matches any such grant according to the following ratios of
Federal-to-State contributions for the applicable fiscal year:
(1) For those States for which programs were approved prior to
November 5, 1990, 1 to 1 for any fiscal year.
(2) For programs approved after November 5, 1990, 4 to 1 for
the first fiscal year, 2.3 to 1 for the second fiscal year, 1.5
to 1 for the third fiscal year, and 1 to 1 for each fiscal year
thereafter.
(b) Grants to coastal states; requirements
The Secretary may make a grant to a coastal state under
subsection (a) of this section only if the Secretary finds that the
management program of the coastal state meets all applicable
requirements of this chapter and has been approved in accordance
with subsection (d) of this section.
(c) Allocation of grants to coastal states
Grants under this section shall be allocated to coastal states
with approved programs based on rules and regulations promulgated
by the Secretary which shall take into account the extent and
nature of the shoreline and area covered by the program, population
of the area, and other relevant factors. The Secretary shall
establish, after consulting with the coastal states, maximum and
minimum grants for any fiscal year to promote equity between
coastal states and effective coastal management.
(d) Mandatory adoption of State management program for coastal zone
Before approving a management program submitted by a coastal
state, the Secretary shall find the following:
(1) The State has developed and adopted a management program
for its coastal zone in accordance with rules and regulations
promulgated by the Secretary, after notice, and with the
opportunity of full participation by relevant Federal agencies,
State agencies, local governments, regional organizations, port
authorities, and other interested parties and individuals, public
and private, which is adequate to carry out the purposes of this
chapter and is consistent with the policy declared in section
1452 of this title.
(2) The management program includes each of the following
required program elements:
(A) An identification of the boundaries of the coastal zone
subject to the management program.
(B) A definition of what shall constitute permissible land
uses and water uses within the coastal zone which have a direct
and significant impact on the coastal waters.
(C) An inventory and designation of areas of particular
concern within the coastal zone.
(D) An identification of the means by which the State
proposes to exert control over the land uses and water uses
referred to in subparagraph (B), including a list of relevant
State constitutional provisions, laws, regulations, and
judicial decisions.
(E) Broad guidelines on priorities of uses in particular
areas, including specifically those uses of lowest priority.
(F) A description of the organizational structure proposed to
implement such management program, including the
responsibilities and interrelationships of local, areawide,
State, regional, and interstate agencies in the management
process.
(G) A definition of the term "beach" and a planning process
for the protection of, and access to, public beaches and other
public coastal areas of environmental, recreational,
historical, esthetic, ecological, or cultural value.
(H) A planning process for energy facilities likely to be
located in, or which may significantly affect, the coastal
zone, including a process for anticipating the management of
the impacts resulting from such facilities.
(I) A planning process for assessing the effects of, and
studying and evaluating ways to control, or lessen the impact
of, shoreline erosion, and to restore areas adversely affected
by such erosion.
(3) The State has -
(A) coordinated its program with local, areawide, and
interstate plans applicable to areas within the coastal zone -
(i) existing on January 1 of the year in which the State's
management program is submitted to the Secretary; and
(ii) which have been developed by a local government, an
areawide agency, a regional agency, or an interstate agency;
and
(B) established an effective mechanism for continuing
consultation and coordination between the management agency
designated pursuant to paragraph (6) and with local
governments, interstate agencies, regional agencies, and
areawide agencies within the coastal zone to assure the full
participation of those local governments and agencies in
carrying out the purposes of this chapter; except that the
Secretary shall not find any mechanism to be effective for
purposes of this subparagraph unless it requires that -
(i) the management agency, before implementing any
management program decision which would conflict with any
local zoning ordinance, decision, or other action, shall send
a notice of the management program decision to any local
government whose zoning authority is affected;
(ii) within the 30-day period commencing on the date of
receipt of that notice, the local government may submit to
the management agency written comments on the management
program decision, and any recommendation for alternatives;
and
(iii) the management agency, if any comments are submitted
to it within the 30-day period by any local government -
(I) shall consider the comments;
(II) may, in its discretion, hold a public hearing on the
comments; and
(III) may not take any action within the 30-day period to
implement the management program decision.
(4) The State has held public hearings in the development of
the management program.
(5) The management program and any changes thereto have been
reviewed and approved by the Governor of the State.
(6) The Governor of the State has designated a single State
agency to receive and administer grants for implementing the
management program.
(7) The State is organized to implement the management program.
(8) The management program provides for adequate consideration
of the national interest involved in planning for, and managing
the coastal zone, including the siting of facilities such as
energy facilities which are of greater than local significance.
In the case of energy facilities, the Secretary shall find that
the State has given consideration to any applicable national or
interstate energy plan or program.
(9) The management program includes procedures whereby specific
areas may be designated for the purpose of preserving or
restoring them for their conservation, recreational, ecological,
historical, or esthetic values.
(10) The State, acting through its chosen agency or agencies
(including local governments, areawide agencies, regional
agencies, or interstate agencies) has authority for the
management of the coastal zone in accordance with the management
program. Such authority shall include power -
(A) to administer land use and water use regulations to
control development (!1) to ensure compliance with the
management program, and to resolve conflicts among competing
uses; and
(B) to acquire fee simple and less than fee simple interests
in land, waters, and other property through condemnation or
other means when necessary to achieve conformance with the
management program.
(11) The management program provides for any one or a
combination of the following general techniques for control of
land uses and water uses within the coastal zone:
(A) State establishment of criteria and standards for local
implementation, subject to administrative review and
enforcement.
(B) Direct State land and water use planning and regulation.
(C) State administrative review for consistency with the
management program of all development plans, projects, or land
and water use regulations, including exceptions and variances
thereto, proposed by any State or local authority or private
developer, with power to approve or disapprove after public
notice and an opportunity for hearings.
(12) The management program contains a method of assuring that
local land use and water use regulations within the coastal zone
do not unreasonably restrict or exclude land uses and water uses
of regional benefit.
(13) The management program provides for -
(A) the inventory and designation of areas that contain one
or more coastal resources of national significance; and
(B) specific and enforceable standards to protect such
resources.
(14) The management program provides for public participation
in permitting processes, consistency determinations, and other
similar decisions.
(15) The management program provides a mechanism to ensure that
all State agencies will adhere to the program.
(16) The management program contains enforceable policies and
mechanisms to implement the applicable requirements of the
Coastal Nonpoint Pollution Control Program of the State required
by section 1455b of this title.
(e) Amendment or modification of State management program for
coastal zone
A coastal state may amend or modify a management program which it
has submitted and which has been approved by the Secretary under
this section, subject to the following conditions:
(1) The State shall promptly notify the Secretary of any
proposed amendment, modification, or other program change and
submit it for the Secretary's approval. The Secretary may suspend
all or part of any grant made under this section pending State
submission of the proposed amendments, modification, or other
program change.
(2) Within 30 days after the date the Secretary receives any
proposed amendment, the Secretary shall notify the State whether
the Secretary approves or disapproves the amendment, or whether
the Secretary finds it is necessary to extend the review of the
proposed amendment for a period not to exceed 120 days after the
date the Secretary received the proposed amendment. The Secretary
may extend this period only as necessary to meet the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.). If the Secretary does not notify the coastal state that
the Secretary approves or disapproves the amendment within that
period, then the amendment shall be conclusively presumed as
approved.
(3)(A) Except as provided in subparagraph (B), a coastal state
may not implement any amendment, modification, or other change as
part of its approved management program unless the amendment,
modification, or other change is approved by the Secretary under
this subsection.
(B) The Secretary, after determining on a preliminary basis,
that an amendment, modification, or other change which has been
submitted for approval under this subsection is likely to meet
the program approval standards in this section, may permit the
State to expend funds awarded under this section to begin
implementing the proposed amendment, modification, or change.
This preliminary approval shall not extend for more than 6 months
and may not be renewed. A proposed amendment, modification, or
change which has been given preliminary approval and is not
finally approved under this paragraph shall not be considered an
enforceable policy for purposes of section 1456 of this title.
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