§ 1455. Administrative grants

Footnotes

1. 1 So in original. Probably should be followed by a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1972

   Marine Resources and Engineering Development Act of 1966

   Pub. L. 89–454 title III § 306 · 80 Stat. 203

   Enacted · 16 U.S.C. § 1455

   Pub. L. 89–454, title III, § 306, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1283

   Source evidence

   Code source credit
   Pub. L. 89–454, title III, § 306, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1283

2. 1975

   Pub. L. 93–612 § 1(2) · 88 Stat. 1974

   Substituted · 16 U.S.C. § 1455(b)

   Pub. L. 93–612 substituted provisos establishing maximum amount of annual grant for fiscal years 1975, 1976, and 1977, establishing a minimum of 1 per centum of the total appropriated amount, and providing for waiver of the 1 per centum minimum upon request of the coastal State, for proviso limiting an annual administrative grant to a maximum of 10 per centum and a minimum of 1 per centum of the total appropriated amount

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–612 substituted provisos establishing maximum amount of annual grant for fiscal years 1975, 1976, and 1977, establishing a minimum of 1 per centum of the total appropriated amount, and providing for waiver of the 1 per centum minimum upon request of the coastal State, for proviso limiting an annual administrative grant to a maximum of 10 per centum and a minimum of 1 per centum of the total appropriated amount.

   Enacted provision · exact public law section
   16 USC 1451 note.16 USC 1454.(1) Subsection (e) of section 305 is amended by changing the period at the end of the subsection to a colon and by adding immediately thereafter the following; “And provided further, That the Secretary shall waive, the application of the 1 per centum minimum requirement as to any grant under this section, when the coastal State involved requests such a waiver.”.

3. 1976

   Coastal Zone Management Act Amendments of 1976

   Pub. L. 94–370 § 5(1) · 90 Stat. 1013

   1. Substituted · 16 U.S.C. § 1455(a)

      Pub. L. 94–370, § 5(1), raised the federal share of grants to 80 per centum from 66⅔ per centum of the cost of administering a state’s management program, substituted requirement that Secretary approve state’s management program in accordance with subsecs. (c), (d), and (e) and find that such programs meet requirements under section 1454(b) of this title for requirement that Secretary approve state’s management programs in accordance with subsec. (c)

   2. Struck · 16 U.S.C. § 1455(a)

      Pub. L. 94–370, § 5(1), raised the federal share of grants to 80 per centum from 66⅔ per centum of the cost of administering a state’s management program, struck out proviso that Federal funds from other sources shall not be used to pay the state’s share of costs

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–370, § 5(1), raised the federal share of grants to 80 per centum from 66⅔ per centum of the cost of administering a state’s management program, substituted requirement that Secretary approve state’s management program in accordance with subsecs. (c), (d), and (e) and find that such programs meet requirements under section 1454(b) of this title for requirement that Secretary approve state’s management programs in accordance with subsec. (c), and struck out proviso that Federal funds from other sources shall not be used to pay the state’s share of costs.

   Enacted provision · exact public law section
   (1) by amending subsection (a) to read as follows: “(a) The Secretary may make a grant annually to any coastal state for not more than 80 per centum of the costs of administering such state’s management, program if the Secretary (1) finds that such program meets the requirements of section 305(b), and (2) approves such Ante, p. 1015. program in accordance with subsections (c), (d), and (e).”;

4. 1976

   Coastal Zone Management Act Amendments of 1976

   Pub. L. 94–370 § 5(2) · 90 Stat. 1013

   Inserted · 16 U.S.C. § 1455(c)(2)(B)

   Pub. L. 94–370, § 5(2), inserted provisions that mechanism not be found to be effective by Secretary until management agency meets certain requirement such as notice to affected zoning authority, 30-day period for zoning authority to respond with recommendations, and action to be taken by management agency where zoning authority does submit recommendations

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B). Pub. L. 94–370, § 5(2), inserted provisions that mechanism not be found to be effective by Secretary until management agency meets certain requirement such as notice to affected zoning authority, 30-day period for zoning authority to respond with recommendations, and action to be taken by management agency where zoning authority does submit recommendations.

   Enacted provision · exact public law section
   (2) by amending subsection (c)(2)(B) by striking out the period at the end thereof and inserting in lieu thereof the following: “; except that the Secretary’ shall not find any mechanism to be ‘effective’ for purposes of this subparagraph unless it includes each of the following requirements: “(i) Such management agency is required, before implementing any management program decision which would conflict with any local zoning ordinance, decision, or other action, to send a notice of such management program decision to any local government whose zoning authority is affected thereby. “(ii) Any such notice shall provide that such local government may, within the 30-day period commencing on the date of receipt of such notice, submit to the management agency written comments on such management program decision, and any recommendation for alternatives thereto, if no action is taken during such period which would conflict or interfere with such management program decision, unless such local government waives its right to comment. “(iii) Such management agency, if any such comments are submitted to it, with such 30-day period, by any local government— “(I) is required to consider any such comments, “(II) is authorized, in its discretion, to hold a public hearing on such comments, and “(III) may not take any action within such 30-day period to implement the management program decision, whether or not modified on the oasis of such comments.”;

5. 1976

   Coastal Zone Management Act Amendments of 1976

   Pub. L. 94–370 § 5(3) · 90 Stat. 1013

   1. Inserted · 16 U.S.C. § 1455(c)(8)

      Pub. L. 94–370, § 5(3), inserted “planning for, and” before “in the siting of” and reference to energy facilities in, or which significantly affect, such state’s coastal zone

   2. Inserted · 16 U.S.C. § 1455(c)(8)

      Pub. L. 94–370, § 5(3), inserted proviso that in the case of energy facilities, the Secretary shall find that the state has given consideration to any applicable interstate energy plan or program

   Source evidence

   Code amendment note
   Subsec. (c)(8). Pub. L. 94–370, § 5(3), inserted “planning for, and” before “in the siting of” and reference to energy facilities in, or which significantly affect, such state’s coastal zone and inserted proviso that in the case of energy facilities, the Secretary shall find that the state has given consideration to any applicable interstate energy plan or program.

   Enacted provision · exact public law section
   (3) by amending subsection (c) (8) to read as follows— “(8) The management program provides for adequate consideration of the national interest involved in planning for, and in the siting of, facilities (including energy facilities in, or which significantly affect, such state’s coastal zone) which are necessary to meet requirements which are other than local in nature. In the case of such energy facilities, (he Secretary shall find that the state has given such consideration to any applicable interstate energy plan or program.”;

6. 1976

   Coastal Zone Management Act Amendments of 1976

   Pub. L. 94–370 § 5(4) · 90 Stat. 1013

   Inserted · 16 U.S.C. § 1455(g)

   Pub. L. 94–370, § 5(4), inserted requirement that except for pre-Oct. 1, 1978 amendments of management programs, for purposes of complying with section 1454(b)(7), (8), and (9) of this title, no grant shall be made under this section to any coastal state after the date of an amendment until approved by Secretary

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 94–370, § 5(4), inserted requirement that except for pre-Oct. 1, 1978 amendments of management programs, for purposes of complying with section 1454(b)(7), (8), and (9) of this title, no grant shall be made under this section to any coastal state after the date of an amendment until approved by Secretary.

   Enacted provision · exact public law section
   (4) by amending subsection (g) to read as follows: “(g) Any coastal state may amend or modify the management program which it has submitted and which has been approved by the Secretary under this section, pursuant to the required procedures described in subsection (c). Except with respect to any such amendment which is made before October 1, 1978, for the purpose of complying with the Ante, p. 1015. requirements of paragraphs (7), (8), and (9) of section 305(b), no grant shall be made tinder this section to any coastal state after the date of such an amendment or modification, until the Secretary approves such amendment or modification.”.

7. 1980

   Coastal Zone Management Improvement Act of 1980

   Pub. L. 96–464 § 5(a)(1) · 94 Stat. 2060

   1. Substituted · 16 U.S.C. § 1455(a)

      Pub. L. 96–464, § 5(a)(1), in opening text, substituted “The Secretary may make grants” for “The Secretary may make a grant annually”

   2. Added · 16 U.S.C. § 1455(a)

      Pub. L. 96–464, § 5(a)(1), in opening text, added par. (3), and provision following par. (3) which defined the costs of administering a management program

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–464, § 5(a)(1), in opening text, substituted “The Secretary may make grants” for “The Secretary may make a grant annually”, added par. (3), and provision following par. (3) which defined the costs of administering a management program.

   Enacted provision · exact public law section
   (1) by amending subsection (a) to read as follows: “(a) The Secretary may make grants to any coastal state for not more than 80 per centum of the costs of administering such state’s management program if the Secretary— “(1) finds that such program meets the requirements of section 16 USC 1454. 305(b); “(2) approves such program in accordance with subsections (c), (d), and (e); and “(3) finds, if such program has been administered with financial assistance under this section for at least one year, that the coastal state will expend as increasing proportion of each grant received under this section (but not more than 30 per centum of the grant unless the state chooses to expend a higher percentage) on activities that will result in significant improvement being made in achieving the coastal management objectives specified Ante, p. 2060. in section 303(2) (A) through (I). For purposes of this subsection, the costs of administering a management program includes costs incurred in the carrying out, in a manner consistent with the procedures and processes specified therein, of projects and other activities (other than those of a kind Post, p. 2063. referred to in clauses (A), (B), or (C) of section 306A(c)(2)) that are necessary or appropriate to the implementation of the management program.”;

   Effective date note
   Pub. L. 96–464, § 5(b), Oct. 17, 1980, 94 Stat. 2062, provided that: “The amendments made by subsection (a)(1) and (2) of this section [amending this section] apply with respect to grants made after September 30, 1980, under section 306 of the Coastal Zone Management Act of 1972 [this section] and, within two hundred and seventy days after such date, the Secretary of Commerce shall issue regulations relating to the administration of subsection (a) of such section 306 (as so amended by such subsection (a)(1).”

8. 1980

   Coastal Zone Management Improvement Act of 1980

   Pub. L. 96–464 § 5(2) · 94 Stat. 2060

   Struck · 16 U.S.C. § 1455(b)

   Pub. L. 96–464, § 5(2), struck out proviso that no annual grant made under this section shall be in excess of $2,000,000 for fiscal year 1975, in excess of $2,500,000 for fiscal year 1976, and in excess of $3,000,000 for fiscal year 1977

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–464, § 5(2), struck out proviso that no annual grant made under this section shall be in excess of $2,000,000 for fiscal year 1975, in excess of $2,500,000 for fiscal year 1976, and in excess of $3,000,000 for fiscal year 1977.

   Enacted provision · exact public law section
   (2) by striking out the first proviso to subsection (b) and by striking out “further” in the second proviso to such subsection; and

   Effective date note
   Pub. L. 96–464, § 5(b), Oct. 17, 1980, 94 Stat. 2062, provided that: “The amendments made by subsection (a)(1) and (2) of this section [amending this section] apply with respect to grants made after September 30, 1980, under section 306 of the Coastal Zone Management Act of 1972 [this section] and, within two hundred and seventy days after such date, the Secretary of Commerce shall issue regulations relating to the administration of subsection (a) of such section 306 (as so amended by such subsection (a)(1).”

9. 1980

   Coastal Zone Management Improvement Act of 1980

   Pub. L. 96–464 § 5(a)(3) · 94 Stat. 2060

   Added · 16 U.S.C. § 1455(i)

   Pub. L. 96–464, § 5(a)(3), added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 96–464, § 5(a)(3), added subsec. (i).

   Enacted provision · exact public law section
   (3) by adding at the end thereof the following new subsection: “(i) The coastal states are encouraged to provide in their management programs 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. If the Secretary determines that a coastal state has failed to make satisfactory progress in the activities described in this subsection by September 30, 1984, the Secretary shall not make any grants to such state provided under section 306A after such date.”.

   Effective date note
   Pub. L. 96–464, § 5(b), Oct. 17, 1980, 94 Stat. 2062, provided that: “The amendments made by subsection (a)(1) and (2) of this section [amending this section] apply with respect to grants made after September 30, 1980, under section 306 of the Coastal Zone Management Act of 1972 [this section] and, within two hundred and seventy days after such date, the Secretary of Commerce shall issue regulations relating to the administration of subsection (a) of such section 306 (as so amended by such subsection (a)(1).”

10. 1986

    Coastal Zone Management Reauthorization Act of 1985

    Pub. L. 99–272 § 6043(b)(1) · 100 Stat. 82

    Amended · 16 U.S.C. § 1455(a)

    Pub. L. 99–272, § 6043(b)(1), amended introductory text generally, which prior to amendment read as follows: “The Secretary may make grants to any coastal state for not more than 80 per centum of the costs of administering such state’s management program if the Secretary—”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–272, § 6043(b)(1), amended introductory text generally, which prior to amendment read as follows: “The Secretary may make grants to any coastal state for not more than 80 per centum of the costs of administering such state’s management program if the Secretary—”.

    Enacted provision · exact public law section
    (1) Subsection (a) of section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455) is amended by striking out “The Secretary may” and all that follows through “if the Secretary—” State and local governments. and substituting in lieu thereof the following: “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: 4 to 1 for fiscal year 1986; 2.3 to 1 for fiscal year 1987; 1.5 to 1 for fiscal year 1988; 1 to 1 for any fiscal year after fiscal year 1988. The Secretary may make the grant only if the Secretary—”.

11. 1986

    Coastal Zone Management Reauthorization Act of 1985

    Pub. L. 99–272 § 6043(c) · 100 Stat. 82

    1. Inserted · 16 U.S.C. § 1455(g)

       Pub. L. 99–272, § 6043(c), inserted “, and subject to the following conditions:” in provisions preceding par. (1)

    2. Added · 16 U.S.C. § 1455(g)

       Pub. L. 99–272, § 6043(c), added pars. (1) to (3)

    3. Struck · 16 U.S.C. § 1455(g)

       Pub. L. 99–272, § 6043(c), struck out provision that except with respect to any management program amendment which was made before Oct. 1, 1978, for the purpose of complying with the requirements of section 1454(b)(7), (8) and (9) of this title, no grant was to be made under this section to any coastal state after the date of such amendment or modification, until the Secretary approved such amendment or modification

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 99–272, § 6043(c), inserted “, and subject to the following conditions:” in provisions preceding par. (1), added pars. (1) to (3), and struck out provision that except with respect to any management program amendment which was made before Oct. 1, 1978, for the purpose of complying with the requirements of section 1454(b)(7), (8) and (9) of this title, no grant was to be made under this section to any coastal state after the date of such amendment or modification, until the Secretary approved such amendment or modification.

    Enacted provision · exact public law section
    (c) Section 306(g) (16 U.S.C. 1455) is amended by striking out the period at the end of the first sentence and all that follows thereafter and inserting in lieu thereof the following: “ , and subject to the following conditions: “(1) The state shall promptly notify the Secretary of any State and local governments. proposed amendment, modification or other program change and submit it for Secretarial approval. The Secretary may suspend all or part of any grant made under this section pending state submission of the proposed amendment, modification or other program change. “(2) Within 30 days from the date on which 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 from the date the Secretary received the proposed amendment. The Secretary may extend this 120-day period only as necessary to meet the requirements of the National Environmental Policy Act (42 U.S.C. 4321 et seq.). “(3) The state may not implement any proposed amendment as part of its approved program pursuant to section 306, until after the proposed amendment has been approved by the Secretary.”.

12. 1990

    Coastal Zone Act Reauthorization Amendments of 1990

    Pub. L. 101–508 title VI § 6206(a) · 104 Stat. 1388

    1. Amended · 16 U.S.C. § 1455

       Pub. L. 101–508 amended section generally

    2. Substituted · 16 U.S.C. § 1455

       Pub. L. 101–508 substituting present provisions for provisions which authorized grants for administering a state management program, provided for a ratio of Federal to State contributions, allocation of grants, program requirements, required authority for management of coastal zone, required findings prior to approval of grants, allocation to other political subdivisions, program modification, segmental development, and inventory and designation of areas of national significance and standards for protection of coastal resources

    Source evidence

    Code amendment note
    Pub. L. 101–508 amended section generally, substituting present provisions for provisions which authorized grants for administering a state management program, provided for a ratio of Federal to State contributions, allocation of grants, program requirements, required authority for management of coastal zone, required findings prior to approval of grants, allocation to other political subdivisions, program modification, segmental development, and inventory and designation of areas of national significance and standards for protection of coastal resources.

    Enacted provision · exact public law section
    (a) In General.— Section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455) is amended to read as follows: “Sec. 306. “administrative grants (a) 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 enactment of the Coastal Zone Act Reauthorization Amendments of 1990, 1 to 1 for any fiscal year. “(2) For programs approved after enactment of the Coastal Zone Act Reauthorization Amendments of 1990, 4 to 1 for the first fiscal year, 2.3 to I for the second fiscal year, 1.5 to 1 for the third fiscal year, and 1 to 1 for each fiscal year thereafter. “(b) The Secretary may make a grant to a coastal State under subsection (a) only if the Secretary finds that the management program of the coastal State meets all applicable requirements of this title and has been approved in accordance with subsection (d); “(c) Grants under this section shall be allocated to coastal States with approved programs based on rules and regulations promulgated by the Secretary which shall take into account the extent and nature of the shoreline and area covered by the program, population of the area, and other relevant factors. The Secretary shall establish, after consulting with the coastal States, maximum and mini-mum grants for any fiscal year to promote equity between coastal States and effective coastal management. “(d) 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 title and is consistent with the policy declared in section 303. “(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 pro-posed 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 title; 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 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 6217 of the Coastal Zone Act Reauthorization Amendments of 1990. “(e) 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 307.”.

13. 1992

    National Marine Sanctuaries Program Amendments Act of 1992

    Pub. L. 102–587 title II § 2205(b)(1)(A) · 106 Stat. 5039

    1. Substituted · 16 U.S.C. § 1455(a)(d)(e)(2)(3)(A)

       Pub. L. 102–587 substituted “coastal state” and “coastal states” for “coastal State” and “coastal States”, respectively, wherever appearing

    2. Substituted · 16 U.S.C. § 1455(a)(d)(e)(2)(3)(A)

       Pub. L. 102–587 substituted period for semicolon at end of subsec. (b)

    Source evidence

    Code amendment note
    Subsecs. (a) to (d), (e)(2), (3)(A). Pub. L. 102–587 substituted “coastal state” and “coastal states” for “coastal State” and “coastal States”, respectively, wherever appearing, and substituted period for semicolon at end of subsec. (b).

    Enacted provision · exact public law section
    (A) striking “coastal State” each place it appears and inserting “coastal state”;

19 of 20 references resolved to an enrolled provision · 1 partial