Laws: Cases and Codes : U.S. Code : Title 16 : Section 1455a


   
U.S. Code as of: 01/19/04
Section 1455a. Coastal resource improvement program

    (a) Definitions
      For purposes of this section - 
        (1) The term "eligible coastal state" means a coastal state
      that for any fiscal year for which a grant is applied for under
      this section - 
          (A) has a management program approved under section 1455 of
        this title; and
          (B) in the judgment of the Secretary, is making satisfactory
        progress in activities designed to result in significant
        improvement in achieving the coastal management objectives
        specified in section 1452(2)(A) through (K) of this title.

        (2) The term "urban waterfront and port" means any developed
      area that is densely populated and is being used for, or has been
      used for, urban residential recreational, commercial, shipping or
      industrial purposes.
    (b) Resource management improvement grants
      The Secretary may make grants to any eligible coastal state to
    assist that state in meeting one or more of the following
    objectives:
        (1) The preservation or restoration of specific areas of the
      state that (A) are designated under the management program
      procedures required by section 1455(d)(9) of this title because
      of their conservation recreational, ecological, or esthetic
      values, or (B) contain one or more coastal resources of national
      significance, or for the purpose of restoring and enhancing
      shellfish production by the purchase and distribution of clutch
      material on publicly owned reef tracts.
        (2) The redevelopment of deteriorating and underutilized urban
      waterfronts and ports that are designated in the state's
      management program pursuant to section 1455(d)(2)(C) of this
      title as areas of particular concern.
        (3) The provision of access to public beaches and other public
      coastal areas and to coastal waters in accordance with the
      planning process required under section 1455(d)(2)(G) of this
      title.
        (4) The development of a coordinated process among State
      agencies to regulate and issue permits for aquaculture facilities
      in the coastal zone.
    (c) Uses, terms and conditions of grants
      (1) Each grant made by the Secretary under this section shall be
    subject to such terms and conditions as may be appropriate to
    ensure that the grant is used for purposes consistent with this
    section.
      (2) Grants made under this section may be used for - 
        (A) the acquisition of fee simple and other interests in land;
        (B) low-cost construction projects determined by the Secretary
      to be consistent with the purposes of this section, including but
      not limited to, paths, walkways, fences, parks, and the
      rehabilitation of historic buildings and structures; except that
      not more than 50 per centum of any grant made under this section
      may be used for such construction projects;
        (C) in the case of grants made for objectives described in
      subsection (b)(2) of this section - 
          (i) the rehabilitation or acquisition of piers to provide
        increased public use, including compatible commercial activity.
          (ii) the establishment of shoreline stabilization measures
        including the installation or rehabilitation of bulkheads for
        the purpose of public safety or increasing public access and
        use, and
          (iii) the removal or replacement of pilings where such action
        will provide increased recreational use of urban waterfront
        areas,

      but activities provided for under this paragraph shall not be
      treated as construction projects subject to the limitations in
      paragraph (B);
        (D) engineering designs, specifications, and other appropriate
      reports; and
        (E) educational, interpretive, and management costs and such
      other related costs as the Secretary determines to be consistent
      with the purposes of this section.
    (d) State matching contributions; ratio; maximum amount of grants
      (1) The Secretary may make grants to any coastal state for the
    purpose of carrying out the project or purpose for which such
    grants are awarded, if the state matches any such grant according
    to the following ratios of Federal to state contributions for the
    applicable fiscal year: 4 to 1 for fiscal year 1986; 2.3 to 1 for
    fiscal year 1987; 1.5 to 1 for fiscal year 1988; and 1 to 1 for
    each fiscal year after fiscal year 1988.
      (2) Grants provided under this section may be used to pay a
    coastal state's share of costs required under any other Federal
    program that is consistent with the purposes of this section.
      (3) The total amount of grants made under this section to any
    eligible coastal state for any fiscal year may not exceed an amount
    equal to 10 per centum of the total amount appropriated to carry
    out this section for such fiscal year.
    (e) Allocation of grants to local governments and other agencies
      With the approval of the Secretary, an eligible coastal state may
    allocate to a local government, an areawide agency designated under
    section 3334 of title 42, a regional agency, or an interstate
    agency, a portion of any grant made under this section for the
    purpose of carrying out this section; except that such an
    allocation shall not relieve that state of the responsibility for
    ensuring that any funds so allocated are applied in furtherance of
    the state's approved management program.
    (f) Other technical and financial assistance
      In addition to providing grants under this section, the Secretary
    shall assist eligible coastal states and their local governments in
    identifying and obtaining other sources of available Federal
    technical and financial assistance regarding the objectives of this
    section.



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