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U.S. Code as of:
01/19/04
Section 1456b. Coastal zone enhancement grants
(a) "Coastal zone enhancement objective" defined
For purposes of this section, the term "coastal zone enhancement
objective" means any of the following objectives:
(1) Protection, restoration, or enhancement of the existing
coastal wetlands base, or creation of new coastal wetlands.
(2) Preventing or significantly reducing threats to life and
destruction of property by eliminating development and
redevelopment in high-hazard areas, managing development in other
hazard areas, and anticipating and managing the effects of
potential sea level rise and Great Lakes level rise.
(3) Attaining increased opportunities for public access, taking
into account current and future public access needs, to coastal
areas of recreational, historical, aesthetic, ecological, or
cultural value.
(4) Reducing marine debris entering the Nation's coastal and
ocean environment by managing uses and activities that contribute
to the entry of such debris.
(5) Development and adoption of procedures to assess, consider,
and control cumulative and secondary impacts of coastal growth
and development, including the collective effect on various
individual uses or activities on coastal resources, such as
coastal wetlands and fishery resources.
(6) Preparing and implementing special area management plans
for important coastal areas.
(7) Planning for the use of ocean resources.
(8) Adoption of procedures and enforceable policies to help
facilitate the siting of energy facilities and Government
facilities and energy-related activities and Government
activities which may be of greater than local significance.
(9) Adoption of procedures and policies to evaluate and
facilitate the siting of public and private aquaculture
facilities in the coastal zone, which will enable States to
formulate, administer, and implement strategic plans for marine
aquaculture.
(b) Limits on grants
(1) Subject to the limitations and goals established in this
section, the Secretary may make grants to coastal states to provide
funding for development and submission for Federal approval of
program changes that support attainment of one or more coastal zone
enhancement objectives.
(2)(A) In addition to any amounts provided under section 1455 of
this title, and subject to the availability of appropriations, the
Secretary may make grants under this subsection to States for
implementing program changes approved by the Secretary in
accordance with section 1455(e) of this title.
(B) Grants under this paragraph to implement a program change may
not be made in any fiscal year after the second fiscal year that
begins after the approval of that change by the Secretary.
(c) Evaluation of State proposals by Secretary
The Secretary shall evaluate and rank State proposals for funding
under this section, and make funding awards based on those
proposals, taking into account the criteria established by the
Secretary under subsection (d) of this section. The Secretary shall
ensure that funding decisions under this section take into
consideration the fiscal and technical needs of proposing States
and the overall merit of each proposal in terms of benefits to the
public.
(d) Promulgation of regulations by Secretary
Within 12 months following November 5, 1990, and consistent with
the notice and participation requirements established in section
1463 of this title, the Secretary shall promulgate regulations
concerning coastal zone enhancement grants that establish -
(1) specific and detailed criteria that must be addressed by a
coastal state (including the State's priority needs for
improvement as identified by the Secretary after careful
consultation with the State) as part of the State's development
and implementation of coastal zone enhancement objectives;
(2) administrative or procedural rules or requirements as
necessary to facilitate the development and implementation of
such objectives by coastal states; and
(3) other funding award criteria as are necessary or
appropriate to ensure that evaluations of proposals, and
decisions to award funding, under this section are based on
objective standards applied fairly and equitably to those
proposals.
(e) No State contribution required
A State shall not be required to contribute any portion of the
cost of any proposal for which funding is awarded under this
section.
(f) Funding
Beginning in fiscal year 1991, not less than 10 percent and not
more than 20 percent of the amounts appropriated to implement
sections 1455 and 1455a of this title shall be retained by the
Secretary for use in implementing this section, up to a maximum of
$10,000,000 annually.
(g) Eligibility; suspension of State for noncompliance
If the Secretary finds that the State is not undertaking the
actions committed to under the terms of the grant, the Secretary
shall suspend the State's eligibility for further funding under
this section for at least one year.
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