Overview. This Act establishes an extensive federal grant program within the Department of Commerce to encourage coastal states to develop and implement coastal zone management programs. Activities that affect coastal zones must be consistent with approved state programs. The Act also establishes a national estuarine reserve system.
Findings/Policy. Congress found that: there is a national interest in the effective management, beneficial use, protection and development of the coastal zone; the coastal zone is rich in natural, commercial, recreational, ecological, industrial and esthetic resources; increasing demands on the coastal zone have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, changes in ecological systems, decreasing open space for public use and shoreline erosion; the habitat areas of the coastal zone and its fish and wildlife are ecologically fragile and vulnerable to destruction; important ecological, cultural, historic and esthetic values in the coastal zone are being irretrievably damaged or lost; new demands are placing stress on these areas and causing serious conflicts among important and competing uses; current state and local planning and regulation of land and water uses in these areas are inadequate; states must be assisted and encouraged to exercise their full authority over these areas; efforts to control coastal water pollution from land use activities must be improved; coastal states must plan for global warming which may have serious adverse effects in the coastal zone; coastal states have significant interests in protection of the resources of the exclusive economic zone that can be served by the active participation of these states in federal programs affecting those resources. § 1451.
Congress declared that it is the national policy to protect, develop and enhance coastal zone resources, and to encourage and assist the states with development and implementation of management programs for coastal areas. These programs should provide for: protection of natural resources, including wetlands, flood plains, estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife and their habitat; management of coastal development to minimize the loss of life and property caused by improper development and destruction of natural protective features; management of coastal development to improve, safeguard and restore the quality of coastal waters, protect natural resources and protect existing uses of waters; priority consideration given to coastal-dependent uses and orderly processes for siting major facilities and new developments; public access to the coasts for recreation; assistance in redevelopment and preservation of urban waterfronts and historic and cultural coastal features; coordination of procedures to ensure expedited governmental decision making; consultation and coordination with affected federal agencies; opportunities for public and local government participation; assistance to support planning, conservation and management for living marine resources, including siting of pollution control and aquaculture facilities within the coastal zone; study and development of plans for addressing the adverse effects upon the coastal zone of land subsidence and sea level rise. It is also the national policy to: encourage the preparation of special area management plans; encourage widespread participation, cooperation and coordination in effecting the purposes of the Act and conducting technical programs; respond to changing circumstances affecting the coastal environment. § 1452.
Selected Definitions. Administrator: Administrator of the Environmental Protection Agency. Coastal state: a state bordering on the Atlantic, Pacific or Arctic Ocean, the Gulf of Mexico, Long Island Sound or the Great Lakes. Coastal zone: coastal waters and adjacent shorelands in proximity to the shorelines of the coastal states. Secretary: Secretary of Commerce. §§ 1453 and 1455b.
State Coastal Zone Management Programs. Until October 1, 1999, the Secretary may make annual grants for up to two years to a coastal state that demonstrates that the grant will be used to develop a management program. A grant may not exceed $200,000 a year and requires state matching funds. Completed management programs must be submitted to the Secretary for review and approval. The Secretary may also make matching-fund grants to coastal states for administering the states' management programs. §§ 1454-1455.
A state's coastal zone management program must include: identification of the coastal zone boundary subject to management; a definition of permissible land and water uses; an inventory and designation of areas of particular concern within the zone; the means by which the state will exert control over the coastal area, including a list of relevant legal authority; guidelines for priorities of uses; the organizational structure for implementing the plan, including the responsibilities of all participating agencies; the definition of beach and a planning process for the protection of, and access to, public beaches and other public coastal areas; a planning process for energy facilities likely to affect the coastal zone; a planning process for assessment and control of shoreline erosion.
Before making a grant, the Secretary must find that the coastal state management program meets all the requirements of the Act. For approval, the state must: develop the program with full public and private participation; include all required elements in the program; coordinate its program with local, areawide and interstate plans; demonstrate that the Act's specified procedures and processes are met. § 1455.
Coastal Resource Improvement Program. The Secretary may make matching-fund grants to coastal states with approved management programs to assist in: preservation or restoration of specific areas that are designated in the management program or that contain coastal resources of national significance; redevelopment of deteriorating and underutilized urban waterfronts and ports designated in the management program; provision of access to public beaches, public coastal areas and coastal waters; under the 1996 amendments to the Act, development of a coordinated process among State agencies to regulate and issue permits for aquaculture facilities in the coastal zone. The total amount of grants to any eligible coastal state may not exceed 10 percent of the total amount appropriated for this purpose. With the Secretary's approval, a state may allocate grant funds to a local government or agency for coastal resource improvement. The Act requires the Secretary to assist coastal states in identifying and obtaining other federal technical and financial assistance. § 1455a.
Protection of Coastal Waters. The Act requires that states with approved management programs prepare and submit a Coastal Nonpoint Pollution Control Program to the Secretary and the Administrator for approval. The purpose of this program is to develop and implement management measures for nonpoint source pollution to restore and protect coastal waters. State programs must: identify land uses which contribute to degradation of coastal waters; identify critical coastal areas which require additional management measures; contain additional management measures to achieve applicable water quality standards under the Clean Water Act; provide technical assistance to local governments and the public for implementing the additional management measures; allow for public participation in all aspects of the program; establish mechanisms to improve coordination among state and local agencies and officials; contain a proposal to modify the boundaries of the state coastal zone to control land and water uses. The Secretary and the Administrator must provide technical assistance to coastal states and local governments in developing and implementing these programs, and may provide grants for the development phase.
The Secretary and the Administrator jointly must review and approve a state's pollution control program. If approved, the state must implement the program through changes in the state plan for control of nonpoint source pollution approved under the Clean Water Act and changes in the state's coastal zone management program. If a state fails to submit an approvable program, the Secretary and the Administrator must withhold available grant funds.
In consultation with the Administrator, the Secretary must review the inland coastal zone boundary of each coastal zone management program and evaluate whether the boundary extends sufficiently inland to control land and water uses that have a significant impact on the state's coastal waters. The Secretary must recommend appropriate modifications upon a finding that this is necessary for the state more effectively to manage land and water uses to protect coastal waters. The Act requires the Administrator, in consultation with the Secretary and the Director of the U.S. Fish and Wildlife Service and other federal agencies, to publish and revise periodically technical guidance for specifying management measures for sources of nonpoint pollution in coastal waters.
For carrying out this section of the Act, Congress authorized to be appropriated to the Administrator $1,000,000 for each fiscal year 1992-1994, and to the Secretary $1,000,000 of the funds appropriated under § 1464 of the Act. Congress also authorized to be appropriated to the Secretary $6,000,000 for fiscal year 1992 and $12,000,000 for each fiscal year 1993-1995 for grants for development of state pollution programs. § 1455b.
Coordination and Cooperation. The Act requires the Secretary to consult, coordinate and cooperate with other interested federal agencies. The Secretary must give adequate consideration to the views of federal agencies principally affected before approving state management programs. Federal agency activity that affects the coastal zone must be consistent with the enforceable policies of approved state management programs unless otherwise determined. Applicants for federal licenses or permits for activities in or outside of the coastal zone also must comply with approved state management programs. A person who submits a plan to the Secretary of the Interior for activities on areas leased under the Outer Continental Shelf Lands Act must attach certification that each activity complies with approved state management programs. No federal official or agency may grant a license or permit for this activity unless the state concurs with the certification or the Secretary finds that the plan is consistent with the objectives of the Act or is necessary in the interest of national security. Likewise, federal agencies must not approve state and local government applications for federal assistance under other programs when the proposed projects are inconsistent with the enforceable policies of a management program, unless the Secretary finds the project is necessary or in the interest of national security. § 1456.
When Congress amended the Act in 1996, it added a section setting deadlines for the Secretary's action on appeals of consistency decisions under § 1456. The Secretary must publish a notice in the Federal Register as soon as the decision record has been closed on an appeal and must decide the appeal within 90 days of the notice, or publish a notice detailing why a decision cannot be issued within the 90 day period. In the latter case, decision must be issued within 45 days of the notice delaying the decision. § 1465.
The Act does not diminish federal or state jurisdiction, responsibility or rights in planning, development or control of water resources, or limit Congressional authority to authorize or fund projects. This Act does not supersede, modify or repeal existing laws applicable to federal agencies or affect the jurisdiction and powers of enumerated commissions and boards. It does not change the requirements of the Clean Water or the Clean Air Act.
When any state coastal zone management program submitted for approval includes requirements to the shoreland which would also be subject to a federal land use program, the Secretary shall obtain the concurrence of the Secretary of the Interior prior to approval. The Secretary, with cooperation of the Executive Office of the President, must mediate serious disagreements between federal agencies and coastal states with regard to the development, implementation or administration of a management program. § 1456.
Coastal Zone Management Fund. The Act requires the Secretary to establish a Coastal Zone Management Fund, consisting of loans from the fund and fees for appeal of adverse decisions under § 1456. Amounts in the Fund are available to the Secretary for expenses in administration of the Act and for: projects to address regional management issues, including interstate projects; demonstration projects which have high potential for improving coastal zone management; emergency grants to state coastal zone management agencies to address unforeseen or disaster-related circumstances; awards to recognize excellence in coastal zone management; until October 1, 1999, program development grants under § 1454; financial support to coastal states for use for investigating and applying the public trust doctrine to implement state management programs. The Secretary must submit an annual fund report to Congress. § 1456a.
Coastal Zone Enhancement. The Secretary may make grants to coastal states for development of program changes for coastal zone enhancement, and make funding awards based on these proposals. The Act enumerates enhancement activities eligible for funding, including protection of wetlands and the development of procedures to assess and control the impacts of coastal growth and development on fishery resources. The 1996 amendments to the Act added to the list of eligible activities the adoption of procedures and policies to evaluate and facilitate the siting of public and private aquaculture facilities in the coast zone, which will enable states to formulate, administer, and implement strategic plans for marine aquaculture. § 1456b.
The Secretary must conduct a program of technical assistance and management-oriented research to support the development and implementation of program changes for coastal zone enhancement and to promote international cooperative efforts and technical assistance in coastal zone management. Federal agencies may assist the Secretary in providing technical assistance. The Secretary must coordinate technical assistance, studies and research activities, make the results available to coastal states, and regularly consult with coastal states. § 1456c.
Review of Performance. The Secretary must conduct a continuing review of the performance of coastal states with respect to coastal management. Each review must include a written evaluation with an assessment and detailed findings concerning the extent to which a state has implemented its approved management program, addressed coastal management needs and adhered to the terms of any grant or loan provided under the Act. The evaluation must allow for full public participation, with copies provided to all evaluation participants. The Secretary may suspend payment of financial assistance if a coastal state fails to adhere to the management program or the terms of any grant. The Secretary must withdraw approval of the management program and withdraw financial assistance if a state fails to take the required corrective actions. § 1458.
Coastal Zone Management Awards. The Act requires the Secretary to implement a program to promote excellence in coastal zone management by identifying and acknowledging outstanding accomplishments in the field. The Secretary must annually elect: one individual, other than federal employee, who has made the most significant contribution to the filed; five local governments which have made the most progress in developing and implementing coastal zone management principles; up to ten graduate students with academic promise for development of new and improved approaches to coastal zone management. These Walter B. Jones Awards may include cash awards up to $5,000, research grants and public ceremonies of acknowledgement. § 1460.
National Estuarine Research Reserve System. The Act establishes a National Estuarine Research Reserve System, consisting of designated estuarine areas. The Secretary may designate an estuarine area as a national reserve within this System if: the governor of the coastal state in which it is located nominates the area; the Secretary finds that the area is representative, suitable for long-term research and contributes to the biogeographical and typological balance of the System; the law of the state provides long-term protection for reserve resources to ensure a stable research environment; the designation will enhance public awareness and understanding of these areas; the state has complied with any regulations issued by the Secretary.
The Secretary must develop research guidelines for the System which include: a mechanism for identifying and establishing priorities among management issues; common research principles, objectives and methodologies; performance standards; consideration of additional sources of funds for estuarine research and strategies for encouraging their use within the System. In developing these guidelines, the Secretary must consult with prominent members of the estuarine research community. The Act requires the Secretary to take action to promote and coordinate the use of the System for research purposes, including: requiring that the National Oceanic and Atmospheric Administration give priority to research that uses the System; consulting with other federal or state agencies to promote use of reserves within the System when conducting estuarine research.
The Secretary may make grants to a coastal state to acquire lands and waters to ensure the long-term administration of an area as a national estuarine reserve, to operate a reserve and construct facilities, and to conduct research and education activities. The Secretary must periodically evaluate the operation and management of each national estuarine reserve and suspend eligibility for funds upon a finding of deficiency or inappropriate research activities. The Secretary may withdraw the designation of a national estuarine area if the basis for designation of the area no longer exists or the research conducted within the area has been inconsistent with research guidelines. The Secretary must report to Congress on: new designations of national estuarine reserves; expansion of existing reserves; the status of the research program within the System; a summary of the evaluations conducted of each reserve. § 1461.
Coastal Zone Management Reports. The Secretary must consult with Congress on a regular basis concerning administration of the Act and must submit to the President biennial reports containing details of program activities and recommendations for additional legislation. The Secretary also must systematically review federal programs that affect coastal resources to identify conflicts between those programs and the Act, and submit the results to Congress, including recommendations for resolution. § 1462.
Appropriations Authorized. Sums authorized by the Act to be appropriated include: sums ranging from $47.5 million for fiscal year 1997 to $50.5 million for fiscal year 1999 for state coastal zone management plan grants, coastal resource improvement grants and coastal zone enhancement grants; sums ranging from $4.4 million for fiscal year 1997 to $4.6 million for fiscal year 1999 for grants relating to the national estuarine research reserve system. § 1464.
Editor's Note. Without amending the Act, Congress passed a law in 1984 directing the Secretary to establish a National Coastal Resources Research and Development Institute, to be administered by the Oregon State Marine Science Center. The Institute is required to conduct research and carry out educational and demonstration projects to promote the efficient and responsible development of ocean and coastal resources. According to the statute, a Board of Governors sets the Institute's policies and relies on an advisory council of academic specialists. Appropriations for the Institute are authorized at $5,000,000 each fiscal year. § 1463b.