16 U.S.C. § 1456a
16 U.S.C. § 1456a
EDITORIAL NOTES
CODIFICATIONSubsec. (b)(3) of this section, which required the Secretary to transmit to Congress an annual report on the Fund, including the balance of the Fund and an itemization of all deposits into and disbursements from the Fund, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66 as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 143 of House Document No. 103-7.
AMENDMENTS1996-Subsec. (b)(2)(A). Pub. L. 104-150, §5(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "Expenses incident to the administration of this chapter, in an amount not to exceed- "(i) $5,000,000 for fiscal year 1991; "(ii) $5,225,000 for fiscal year 1992;"(iii) $5,460,125 for fiscal year 1993;"(iv) $5,705,830 for fiscal year 1994; and"(v) $5,962,593 for fiscal year 1995." Subsec. (b)(2)(B)(iv) to (vi). Pub. L. 104-150, §2(b)(2), inserted "and" at end of cl. (iv), redesignated cl. (vi) as (v), and struck out former cl. (v) which read as follows: "program development grants as authorized by section 1454 of this title, in an amount not to exceed $200,000 for each of fiscal years 1997, 1998, and 1999; and".Subsec. (b)(2)(B)(v). Pub. L. 104-150, §5(b), amended cl. (v) generally. Prior to amendment, cl. (v) read as follows: "program development grants as authorized by section 1454 of this title; and".1992- Pub. L. 102-587, §2205(b)(15), made technical amendment to Pub. L. 101-508. See 1990 Amendment note below.Subsec. (a)(1). Pub. L. 102-587, §2205(b)(16), in first sentence, made technical amendment to reference to this chapter to reflect change in corresponding provision of original act. Pub. L. 102-587, §2205(b)(1)(A), substituted "coastal state" for "coastal State" in two places.Subsec. (b)(1). Pub. L. 102-587, §2205(b)(17), (18), struck out "(hereinafter in this section referred to as the 'Fund')" after "Management Fund'" and inserted "and fees deposited into the Fund under section 1456(i)(3) of this title" after "subsection (a)".Subsec. (b)(2)(B)(vi). Pub. L. 102-587, §2205(b)(1)(B), substituted "coastal states" for "coastal States". 1990- Pub. L. 101-508 as amended by Pub. L. 102-587, §2205(b)(15), amended section generally, substituting present provisions for provisions authorizing a coastal energy impact program, providing for administration of program, audit, financial assistance, rules and regulations and guarantees, establishing eligibility requirements for assistance, creating a Coastal Energy Impact Fund, prohibiting interference in any land or water use decision of any coastal state, requiring reports to Congress, and providing for definitions for the section. 1986-Subsec. (h). Pub. L. 99-272 substituted "subsections (c)" for "subsections (c)(1)" wherever appearing. 1980-Subsec. (c)(3). Pub. L. 96-464, §7(1), added par. (3).Subsec. (d)(4). Pub. L. 96-464, §7(2), struck out par. (4) which provided that the Secretary shall make grants to any coastal state to enable such state to prevent, reduce, or ameliorate any unavoidable loss in such state's coastal zone of any valuable environmental or recreational resource, if such loss results from coastal energy activity, if the Secretary finds that such state has not received amounts under subsec. (b) of this section which are sufficient to prevent, reduce, or ameliorate such loss.1978-Subsec. (a)(1)(A). Pub. L. 95-372, §501(b)(1), substituted "subsection (b)(5) of this section" for "subsection (b)(4) of this section".Subsec. (a)(1)(B). Pub. L. 95-372, §503(b)(1), substituted "subsection (c)(1) of this section" for "subsection (c) of this section".Subsec. (a)(1)(C) to (G). Pub. L. 95-372, §503(b)(2), added subpar. (C) and redesignated former subpars. (C) to (F) as (D) to (G), respectively.Subsec. (b)(2). Pub. L. 95-372, §501(a), substituted in provisions preceding subpar. (A) "Subject to paragraph (3), the amounts payable" for "The amounts granted" and "subparagraphs (A), (B), and (C)" for "subparagraphs (A), (B), (C), and (D)", in subpar. (A) "one-half" for "one-third", and in subpars. (B) and (C) "one-quarter" for "one-sixth" and struck out subpar. (D), which related to a ratio involving the number of individuals who obtain new employment as a result of new or expanded outer Continental Shelf energy activities. Subsec. (b)(3). Pub. L. 95-372, §501(b)(2), added par. (3). Former par. (3) redesignated (4).Subsec. (b)(4). Pub. L. 95-372, §501(b)(1), redesignated par. (3) as (4). Former par. (4) redesignated (5).Subsec. (b)(5). Pub. L. 95-372, §501(b)(1), (c), redesignated par. (4) as (5) and, in par. (5) as so redesignated, struck out in subpar. (B)(i) provisions relating to the unavailability of adequate financing under any other subsection and inserted provisions following subpar. (B)(ii) authorizing the Secretary to describe the geographic areas in which the public facilities and public services referred to in subpar. (B)(i) shall be presumed to be required as a result of outer Continental Shelf energy activities for purposes of disbursing the proceeds of grants under this subsection. Former par. (5) redesignated (6). Subsec. (b)(6). Pub. L. 95-372, §501(b)(1), redesignated par. (5) as (6) and, in par. (6) as so redesignated, in provisions preceding subpar. (A) and in subpar. (B) substituted "paragraph (5)" for "paragraph (4)". Subsec. (c). Pub. L. 95-372, §503(a), designated existing provisions as par. (1) and added par. (2).Subsec. (h). Pub. L. 95-372, §503(c), substituted "subsections (c)(1)" for "subsections (c)" wherever appearing.Subsec. (k). Pub. L. 95-372, §§501(b)(1), 503, substituted in par. (1) "subsection (b)(5)(B) and (c)(1)" for "subsection (b)(4)(B) and (c)" and in par. (2) "subsection (b)(5)(B)" for "(b)(4)(B)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 2(b)(2) of Pub. L. 104-150 effective Oct. 1, 1999, see section 2(b)(3) of Pub. L. 104-150 set out as a note under section 1454 of this title.
RESCISSION OF BALANCES AND FUTURE PAYMENTS Pub. L. 112-55, div. B, title I, §109, Nov. 18, 2011, 125 Stat. 602, provided that: "All balances in the Coastal Zone Management Fund, whether unobligated or unavailable, are hereby permanently rescinded, and notwithstanding section 308(b) of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1456a [b]), any future payments to the Fund made pursuant to sections 307 (16 U.S.C. 1456) and 308 (16 U.S.C. 1456a) of the Coastal Zone Management Act of 1972, as amended, shall, in this fiscal year and any future fiscal years, be treated in accordance with the Federal Credit Reform Act of 1990, as amended [2 U.S.C. 661 et seq.]."
EXTENSION OF AUTHORITY TO MAKE LOANS UNDER SUBSECTION (D)(1) Pub. L. 99-626, §6, Nov. 7, 1986, 100 Stat. 3506, provided that: "The authority of the Secretary of Commerce to make loans under paragraph (1) of subsection (d) of section 308 of the Coastal Zone Management Act of 1972 (Public Law 92-583 16 U.S.C. 1451, et seq.) as amended [16 U.S.C. 1456a(d)(1)], shall extend to September 30, 1987, for loans made to eligible States or units pursuant to and in accord with agreements entered into between the Secretary and any State prior to September 30, 1986, that provided for a total sum of loans to be made to that State or its units, but such loan authority shall be limited to $7,000,000."
- Fund
- The term "Fund" means the Coastal Zone Management Fund established under section 1456a(b) of this title.
- Secretary
- The term "Secretary" means the Secretary of Commerce.
- coastal energy activity
- The term "coastal energy activity" means any of the following activities if, and to the extent that (A) the conduct, support, or facilitation of such activity requires and involves the siting, construction, expansion, or operation of any equipment or facility; and (B) any technical requirement exists which, in the determination of the Secretary, necessitates that the siting, construction, expansion, or operation of such equipment or facility be carried out in, or in close proximity to, the coastal zone of any coastal state;1(i) Any outer Continental Shelf energy activity.(ii) Any transportation, conversion, treatment, transfer, or storage of liquefied natural gas.(iii) Any transportation, transfer, or storage of oil, natural gas, or coal (including, but not limited to, by means of any deepwater port, as defined in section 1502(10)2 of title 33).For purposes of this paragraph, the siting, construction, expansion, or operation of any equipment or facility shall be "in close proximity to" the coastal zone of any coastal state if such siting, construction, expansion, or operation has, or is likely to have, a significant effect on such coastal zone.
- coastal state
- The term "coastal state" means a state of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. For the purposes of this chapter, the term also includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa.
- coastal zone
- The term "coastal zone" means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of State title and ownership under the Submerged Lands Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917 (48 U.S.C. 749) [48 U.S.C. 731 et seq.], the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as approved by the Act of March 24, 1976 [48 U.S.C. 1801 et seq.], or section 1 of the Act of November 20, 1963 (48 U.S.C. 1705), as applicable. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and to control those geographical areas which are likely to be affected by or vulnerable to sea level rise. Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents.
- local government
- The term "local government" means any political subdivision of, or any special entity created by, any coastal state which (in whole or part) is located in, or has authority over, such state's coastal zone and which (A) has authority to levy taxes, or to establish and collect user fees, or (B) provides any public facility or public service which is financed in whole or part by taxes or user fees. The term includes, but is not limited to, any school district, fire district, transportation authority, and any other special purpose district or authority.
- public facilities and public services
- The term "public facilities and public services" means facilities or services which are financed, in whole or in part, by any state or political subdivision thereof, including, but not limited to, highways and secondary roads, parking, mass transit, docks, navigation aids, fire and police protection, water supply, waste collection and treatment (including drainage), schools and education, and hospitals and health care. Such term may also include any other facility or service so financed which the Secretary finds will support increased population.
- water use
- The term "water use" means a use, activity, or project conducted in or on waters within the coastal zone.1So in original. The semicolon probably should be a colon.2See References in Text note below.