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U.S. Code as of:
01/19/04
Section 1455b. Protecting coastal waters
(a) In general
(1) Program development
Not later than 30 months after the date of the publication of
final guidance under subsection (g) of this section, each State
for which a management program has been approved pursuant to
section 306 of the Coastal Zone Management Act of 1972 [16 U.S.C.
1455] shall prepare and submit to the Secretary and the
Administrator a Coastal Nonpoint Pollution Control Program for
approval pursuant to this section. The purpose of the program
shall be to develop and implement management measures for
nonpoint source pollution to restore and protect coastal waters,
working in close conjunction with other State and local
authorities.
(2) Program coordination
A State program under this section shall be coordinated closely
with State and local water quality plans and programs developed
pursuant to sections 1288, 1313, 1329, and 1330 of title 33 and
with State plans developed pursuant to the Coastal Zone
Management Act of 1972, as amended by this Act [16 U.S.C. 1451 et
seq.]. The program shall serve as an update and expansion of the
State nonpoint source management program developed under section
1329 of title 33, as the program under that section relates to
land and water uses affecting coastal waters.
(b) Program contents
Each State program under this section shall provide for the
implementation, at a minimum, of management measures in conformity
with the guidance published under subsection (g) of this section,
to protect coastal waters generally, and shall also contain the
following:
(1) Identifying land uses
The identification of, and a continuing process for
identifying, land uses which, individually or cumulatively, may
cause or contribute significantly to a degradation of -
(A) those coastal waters where there is a failure to attain
or maintain applicable water quality standards or protect
designated uses, as determined by the State pursuant to its
water quality planning processes; or
(B) those coastal waters that are threatened by reasonably
foreseeable increases in pollution loadings from new or
expanding sources.
(2) Identifying critical coastal areas
The identification of, and a continuing process for
identifying, critical coastal areas adjacent to coastal waters
referred to in paragraph (1)(A) and (B), within which any new
land uses or substantial expansion of existing land uses shall be
subject to management measures in addition to those provided for
in subsection (g) of this section.
(3) Management measures
The implementation and continuing revision from time to time of
additional management measures applicable to the land uses and
areas identified pursuant to paragraphs (1) and (2) that are
necessary to achieve and maintain applicable water quality
standards under section 1313 of title 33 and protect designated
uses.
(4) Technical assistance
The provision of technical and other assistance to local
governments and the public for implementing the measures referred
to in paragraph (3), which may include assistance in developing
ordinances and regulations, technical guidance, and modeling to
predict and assess the effectiveness of such measures, training,
financial incentives, demonstration projects, and other
innovations to protect coastal water quality and designated uses.
(5) Public participation
Opportunities for public participation in all aspects of the
program, including the use of public notices and opportunities
for comment, nomination procedures, public hearings, technical
and financial assistance, public education, and other means.
(6) Administrative coordination
The establishment of mechanisms to improve coordination among
State agencies and between State and local officials responsible
for land use programs and permitting, water quality permitting
and enforcement, habitat protection, and public health and
safety, through the use of joint project review, memoranda of
agreement, or other mechanisms.
(7) State coastal zone boundary modification
A proposal to modify the boundaries of the State coastal zone
as the coastal management agency of the State determines is
necessary to implement the recommendations made pursuant to
subsection (e) of this section. If the coastal management agency
does not have the authority to modify such boundaries, the
program shall include recommendations for such modifications to
the appropriate State authority.
(c) Program submission, approval, and implementation
(1) Review and approval
Within 6 months after the date of submission by a State of a
program pursuant to this section, the Secretary and the
Administrator shall jointly review the program. The program shall
be approved if -
(A) the Secretary determines that the portions of the program
under the authority of the Secretary meet the requirements of
this section and the Administrator concurs with that
determination; and
(B) the Administrator determines that the portions of the
program under the authority of the Administrator meet the
requirements of this section and the Secretary concurs with
that determination.
(2) Implementation of approved program
If the program of a State is approved in accordance with
paragraph (1), the State shall implement the program, including
the management measures included in the program pursuant to
subsection (b) of this section, through -
(A) changes to the State plan for control of nonpoint source
pollution approved under section 1329 of title 33; and
(B) changes to the State coastal zone management program
developed under section 306 of the Coastal Zone Management Act
of 1972, as amended by this Act [16 U.S.C. 1455].
(3) Withholding coastal management assistance
If the Secretary finds that a coastal State has failed to
submit an approvable program as required by this section, the
Secretary shall withhold for each fiscal year until such a
program is submitted a portion of grants otherwise available to
the State for the fiscal year under section 306 of the Coastal
Zone Management Act of 1972 [16 U.S.C. 1455], as follows:
(A) 10 percent for fiscal year 1996.
(B) 15 percent for fiscal year 1997.
(C) 20 percent for fiscal year 1998.
(D) 30 percent for fiscal year 1999 and each fiscal year
thereafter.
The Secretary shall make amounts withheld under this paragraph
available to coastal States having programs approved under this
section.
(4) Withholding water pollution control assistance
If the Administrator finds that a coastal State has failed to
submit an approvable program as required by this section, the
Administrator shall withhold from grants available to the State
under section 1329 of title 33, for each fiscal year until such a
program is submitted, an amount equal to a percentage of the
grants awarded to the State for the preceding fiscal year under
that section, as follows:
(A) For fiscal year 1996, 10 percent of the amount awarded
for fiscal year 1995.
(B) For fiscal year 1997, 15 percent of the amount awarded
for fiscal year 1996.
(C) For fiscal year 1998, 20 percent of the amount awarded
for fiscal year 1997.
(D) For fiscal year 1999 and each fiscal year thereafter, 30
percent of the amount awarded for fiscal year 1998 or other
preceding fiscal year.
The Administrator shall make amounts withheld under this
paragraph available to States having programs approved pursuant
to this subsection.
(d) Technical assistance
The Secretary and the Administrator shall provide technical
assistance to coastal States and local governments in developing
and implementing programs under this section. Such assistance shall
include -
(1) methods for assessing water quality impacts associated with
coastal land uses;
(2) methods for assessing the cumulative water quality effects
of coastal development;
(3) maintaining and from time to time revising an inventory of
model ordinances, and providing other assistance to coastal
States and local governments in identifying, developing, and
implementing pollution control measures; and
(4) methods to predict and assess the effects of coastal land
use management measures on coastal water quality and designated
uses.
(e) Inland coastal zone boundaries
(1) Review
The Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall, within 18 months after
November 5, 1990, review the inland coastal zone boundary of each
coastal State program which has been approved or is proposed for
approval under section 306 of the Coastal Zone Management Act of
1972 [16 U.S.C. 1455], and evaluate whether the State's coastal
zone boundary extends inland to the extent necessary to control
the land and water uses that have a significant impact on coastal
waters of the State.
(2) Recommendation
If the Secretary, in consultation with the Administrator, finds
that modifications to the inland boundaries of a State's coastal
zone are necessary for that State to more effectively manage land
and water uses to protect coastal waters, the Secretary, in
consultation with the Administrator, shall recommend appropriate
modifications in writing to the affected State.
(f) Financial assistance
(1) In general
Upon request of a State having a program approved under section
306 of the Coastal Zone Management Act of 1972 [16 U.S.C. 1455],
the Secretary, in consultation with the Administrator, may
provide grants to the State for use for developing a State
program under this section.
(2) Amount
The total amount of grants to a State under this subsection
shall not exceed 50 percent of the total cost to the State of
developing a program under this section.
(3) State share
The State share of the cost of an activity carried out with a
grant under this subsection shall be paid from amounts from
non-Federal sources.
(4) Allocation
Amounts available for grants under this subsection shall be
allocated among States in accordance with regulations issued
pursuant to section 306(c) of the Coastal Zone Management Act of
1972 [16 U.S.C. 1455(c)], except that the Secretary may use not
more than 25 percent of amounts available for such grants to
assist States which the Secretary, in consultation with the
Administrator, determines are making exemplary progress in
preparing a State program under this section or have extreme
needs with respect to coastal water quality.
(g) Guidance for coastal nonpoint source pollution control
(1) In general
The Administrator, in consultation with the Secretary and the
Director of the United States Fish and Wildlife Service and other
Federal agencies, shall publish (and periodically revise
thereafter) guidance for specifying management measures for
sources of nonpoint pollution in coastal waters.
(2) Content
Guidance under this subsection shall include, at a minimum -
(A) a description of a range of methods, measures, or
practices, including structural and nonstructural controls and
operation and maintenance procedures, that constitute each
measure;
(B) a description of the categories and subcategories of
activities and locations for which each measure may be
suitable;
(C) an identification of the individual pollutants or
categories or classes of pollutants that may be controlled by
the measures and the water quality effects of the measures;
(D) quantitative estimates of the pollution reduction effects
and costs of the measures;
(E) a description of the factors which should be taken into
account in adapting the measures to specific sites or
locations; and
(F) any necessary monitoring techniques to accompany the
measures to assess over time the success of the measures in
reducing pollution loads and improving water quality.
(3) Publication
The Administrator, in consultation with the Secretary, shall
publish -
(A) proposed guidance pursuant to this subsection not later
than 6 months after November 5, 1990; and
(B) final guidance pursuant to this subsection not later than
18 months after November 5, 1990.
(4) Notice and comment
The Administrator shall provide to coastal States and other
interested persons an opportunity to provide written comments on
proposed guidance under this subsection.
(5) Management measures
For purposes of this subsection, the term "management measures"
means economically achievable measures for the control of the
addition of pollutants from existing and new categories and
classes of nonpoint sources of pollution, which reflect the
greatest degree of pollutant reduction achievable through the
application of the best available nonpoint pollution control
practices, technologies, processes, siting criteria, operating
methods, or other alternatives.
(h) Authorization of appropriations
(1) Administrator
There is authorized to be appropriated to the Administrator for
use for carrying out this section not more than $1,000,000 for
each of fiscal years 1992, 1993, and 1994.
(2) Secretary
(A) Of amounts appropriated to the Secretary for a fiscal year
under section 318(a)(4) (!1) of the Coastal Zone Management Act
of 1972, as amended by this Act, not more than $1,000,000 shall
be available for use by the Secretary for carrying out this
section for that fiscal year, other than for providing in the
form of grants under subsection (f) of this section.
(B) There is authorized to be appropriated to the Secretary for
use for providing in the form of grants under subsection (f) of
this section not more than -
(i) $6,000,000 for fiscal year 1992;
(ii) $12,000,000 for fiscal year 1993;
(iii) $12,000,000 for fiscal year 1994; and
(iv) $12,000,000 for fiscal year 1995.
(i) Definitions
In this section -
(1) the term "Administrator" means the Administrator of the
Environmental Protection Agency;
(2) the term "coastal State" has the meaning given the term
"coastal state" under section 304 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1453);
(3) each of the terms "coastal waters" and "coastal zone" has
the meaning that term has in the Coastal Zone Management Act of
1972 [16 U.S.C. 1451 et seq.];
(4) the term "coastal management agency" means a State agency
designated pursuant to section 306(d)(6) of the Coastal Zone
Management Act of 1972 [16 U.S.C. 1455(d)(6)];
(5) the term "land use" includes a use of waters adjacent to
coastal waters; and
(6) the term "Secretary" means the Secretary of Commerce.
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