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U.S. Code as of:
01/19/04
Section 1458. Review of performance
(a) Evaluation of adherence with terms of grants
The Secretary shall conduct a continuing review of the
performance of coastal states with respect to coastal management.
Each review shall include a written evaluation with an assessment
and detailed findings concerning the extent to which the state has
implemented and enforced the program approved by the Secretary,
addressed the coastal management needs identified in section
1452(2)(A) through (K) of this title, and adhered to the terms of
any grant, loan, or cooperative agreement funded under this
chapter.
(b) Public participation; notice of meetings; reports
In evaluating a coastal state's performance, the Secretary shall
conduct the evaluation in an open and public manner, and provide
full opportunity for public participation, including holding public
meetings in the State being evaluated and providing opportunities
for the submission of written and oral comments by the public. The
Secretary shall provide the public with at least 45 days' notice of
such public meetings by placing a notice in the Federal Register,
by publication of timely notices in newspapers of general
circulation within the State being evaluated, and by communications
with persons and organizations known to be interested in the
evaluation. Each evaluation shall be prepared in report form and
shall include written responses to the written comments received
during the evaluation process. The final report of the evaluation
shall be completed within 120 days after the last public meeting
held in the State being evaluated. Copies of the evaluation shall
be immediately provided to all persons and organizations
participating in the evaluation process.
(c) Suspension of financial assistance for noncompliance;
notification of Governor; length of suspension
(1) The Secretary may suspend payment of any portion of financial
assistance extended to any coastal state under this chapter, and
may withdraw any unexpended portion of such assistance, if the
Secretary determines that the coastal state is failing to adhere to
(A) the management program or a State plan developed to manage a
national estuarine reserve established under section 1461 of this
title, or a portion of the program or plan approved by the
Secretary, or (B) the terms of any grant or cooperative agreement
funded under this chapter.
(2) Financial assistance may not be suspended under paragraph (1)
unless the Secretary provides the Governor of the coastal state
with -
(A) written specifications and a schedule for the actions that
should be taken by the State in order that such suspension of
financial assistance may be withdrawn; and
(B) written specifications stating how those funds from the
suspended financial assistance shall be expended by the coastal
state to take the actions referred to in subparagraph (A).
(3) The suspension of financial assistance may not last for less
than 6 months or more than 36 months after the date of suspension.
(d) Withdrawal of approval of program
The Secretary shall withdraw approval of the management program
of any coastal state and shall withdraw 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 has 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.
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