§ 1455.
(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.
(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
So in original. Probably should be followed by a comma.
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.
([Pub. L. 89–454, title III, § 306], as added [Pub. L. 92–583], Oct. 27, 1972, [86 Stat. 1283]; amended [Pub. L. 93–612, § 1(2)], Jan. 2, 1975, [88 Stat. 1974]; [Pub. L. 94–370, § 5], July 26, 1976, [90 Stat. 1017]; [Pub. L. 96–464, § 5(a)], Oct. 17, 1980, [94 Stat. 2062]; [Pub. L. 99–272, title VI, § 6043(b)(1)], (c), Apr. 7, 1986, [100 Stat. 124], 125; [Pub. L. 101–508, title VI, § 6206(a)], Nov. 5, 1990, [104 Stat. 1388–303]; [Pub. L. 102–587, title II, § 2205(b)(1)(A)], (B), (8), Nov. 4, 1992, [106 Stat. 5050], 5051.)