16 U.S.C. § 1455a

Coastal resource improvement program

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 16 CasesGoogle Scholar

(a) DefinitionsFor purposes of this section—(1) The term “eligible coastal state” means a coastal state that for any fiscal year for which a grant is applied for under this section—(A) has a management program approved under section 1455 of this title; and(B) in the judgment of the Secretary, is making satisfactory progress in activities designed to result in significant improvement in achieving the coastal management objectives specified in section 1452(2)(A) through (K) of this title.(2) The term “urban waterfront and port” means any developed area that is densely populated and is being used for, or has been used for, urban residential recreational, commercial, shipping or industrial purposes.(b) Resource management improvement grantsThe Secretary may make grants to any eligible coastal state to assist that state in meeting one or more of the following objectives:(1) The preservation or restoration of specific areas of the state that (A) are designated under the management program procedures required by section 1455(d)(9) of this title because of their conservation recreational, ecological, or esthetic values, or (B) contain one or more coastal resources of national significance, or for the purpose of restoring and enhancing shellfish production by the purchase and distribution of clutch material on publicly owned reef tracts.(2) The redevelopment of deteriorating and underutilized urban waterfronts and ports that are designated in the state’s management program pursuant to section 1455(d)(2)(C) of this title as areas of particular concern.(3) The provision of access to public beaches and other public coastal areas and to coastal waters in accordance with the planning process required under section 1455(d)(2)(G) of this title.(4) The development of a coordinated process among State agencies to regulate and issue permits for aquaculture facilities in the coastal zone.(c) Uses, terms and conditions of grants(1) Each grant made by the Secretary under this section shall be subject to such terms and conditions as may be appropriate to ensure that the grant is used for purposes consistent with this section.(2) Grants made under this section may be used for—(A) the acquisition of fee simple and other interests in land;(B) low-cost construction projects determined by the Secretary to be consistent with the purposes of this section, including but not limited to, paths, walkways, fences, parks, and the rehabilitation of historic buildings and structures; except that not more than 50 per centum of any grant made under this section may be used for such construction projects;(C) in the case of grants made for objectives described in subsection (b)(2)—(i) the rehabilitation or acquisition of piers to provide increased public use, including compatible commercial activity,(ii) the establishment of shoreline stabilization measures including the installation or rehabilitation of bulkheads for the purpose of public safety or increasing public access and use, and(iii) the removal or replacement of pilings where such action will provide increased recreational use of urban waterfront areas,but activities provided for under this paragraph shall not be treated as construction projects subject to the limitations in paragraph (B);(D) engineering designs, specifications, and other appropriate reports; and(E) educational, interpretive, and management costs and such other related costs as the Secretary determines to be consistent with the purposes of this section.(d) State matching contributions; ratio; maximum amount of grants(1) The Secretary may make grants to any coastal state for the purpose of carrying out the project or purpose for which such grants are awarded, if the state matches any such grant according to the following ratios of Federal to state contributions for the applicable fiscal year: 4 to 1 for fiscal year 1986; 2.3 to 1 for fiscal year 1987; 1.5 to 1 for fiscal year 1988; and 1 to 1 for each fiscal year after fiscal year 1988.(2) Grants provided under this section may be used to pay a coastal state’s share of costs required under any other Federal program that is consistent with the purposes of this section.(3) The total amount of grants made under this section to any eligible coastal state for any fiscal year may not exceed an amount equal to 10 per centum of the total amount appropriated to carry out this section for such fiscal year.(e) Allocation of grants to local governments and other agencies

With the approval of the Secretary, an eligible coastal state may allocate to a local government, an areawide agency designated under section 3334 of title 42, a regional agency, or an interstate agency, a portion of any grant made under this section for the purpose of carrying out this section; except that such an allocation shall not relieve that state of the responsibility for ensuring that any funds so allocated are applied in furtherance of the state’s approved management program.

(f) Other technical and financial assistance

In addition to providing grants under this section, the Secretary shall assist eligible coastal states and their local governments in identifying and obtaining other sources of available Federal technical and financial assistance regarding the objectives of this section.

(Pub. L. 89–454, title II, § 306A, as added Pub. L. 96–464, § 6, Oct. 17, 1980, 94 Stat. 2062; amended Pub. L. 99–272, title VI, § 6043(b)(2), Apr. 7, 1986, 100 Stat. 124; Pub. L. 101–508, title VI, §§ 6207, 6216(a), Nov. 5, 1990, 104 Stat. 1388–307, 1388–314; Pub. L. 102–587, title II, § 2205(b)(9)–(12), Nov. 4, 1992, 106 Stat. 5051; Pub. L. 104–150, § 7(1), June 3, 1996, 110 Stat. 1381.)Editorial NotesAmendments

1996—Subsec. (b)(4). Pub. L. 104–150 added par. (4).

1992—Subsec. (a)(1)(B). Pub. L. 102–587, § 2205(b)(10), substituted “through (K)” for “through (I)”.

Subsec. (b)(1). Pub. L. 102–587, § 2205(b)(9), made technical amendment to directory language of Pub. L. 101–508, § 6216(a). See 1990 Amendment note below.

Subsec. (b)(2). Pub. L. 102–587, § 2205(b)(11)(A), substituted “that are designated in the state’s management program pursuant to section 1455(d)(2)(C) of this title as areas of particular concern” for “that are designated under section 1454(b)(3) of this title in the state’s management program as areas of particular concern”.

Subsec. (b)(3). Pub. L. 102–587, § 2205(b)(11)(B), substituted “access to” for “access of” and “1455(d)(2)(G)” for “1454(b)(7)”.

Subsec. (c)(2)(C). Pub. L. 102–587, § 2205(b)(12), in closing provisions, substituted “shall not be” for “shall not by”.

1990—Subsec. (b)(1). Pub. L. 101–508, § 6216(a), as amended by Pub. L. 102–587, § 2205(b)(9), substituted “1455(d)(9)” for “1455(c)(9)”.

Pub. L. 101–508, § 6207, inserted before period at end “, or for the purpose of restoring and enhancing shellfish production by the purchase and distribution of clutch material on publicly owned reef tracts”.

1986—Subsec. (d)(1). Pub. L. 99–272 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “No grant made under this section may exceed an amount equal to 80 per centum of the cost of carrying out the purpose or project for which it was awarded.”

Notes of Decisions

Cited in 2 cases, 1981–1987 · leading case: Norfolk S. Corp. v. Oberly, 822 F.2d 388 (3rd Cir. 1987).

Sort: Relevance Newest Treatment

Norfolk S. Corp. v. Oberly, 822 F.2d 388 (3rd Cir. 1987). “16 U.S.C. §§ 1455a, 1456a, 1456b, 1456c (1982) (§ 1456c was repealed by Pub.”

S. Pac. Transp. Co. v. California Coastal Comm'n, 520 F. Supp. 800 (N.D. Cal. 1981). “16 U.S.C. § 1455a. Of primary significance here is that approval also brings into play the federal consistency provision, which provides in relevant part: After final approval by the Secretary of a state’s management program, any applicant for a required Federal license or…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.