§ 1458. Review of performance

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 § 312 · 80 Stat. 203

   Enacted · 16 U.S.C. § 1458

   Pub. L. 89–454, title III, § 312, formerly § 309, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1287, renumbered § 312 and amended Pub. L. 94–370, §§ 7, 10, July 26, 1976, 90 Stat. 1019, 1029

   Source evidence

   Code source credit
   Pub. L. 89–454, title III, § 312, formerly § 309, as added Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1287, renumbered § 312 and amended Pub. L. 94–370, §§ 7, 10, July 26, 1976, 90 Stat. 1019, 1029

2. 1976

   Coastal Zone Management Act Amendments of 1976

   Pub. L. 94–370 § 10 · 90 Stat. 1013

   1. Amended · 16 U.S.C. § 1458(a)

      Pub. L. 94–370, § 10, designated existing provisions as par. (1)

   2. Substituted · 16 U.S.C. § 1458(a)

      Pub. L. 94–370, § 10, substituted “such states with respect to coastal zone management; and” for “each state.”

   3. Added · 16 U.S.C. § 1458(a)

      Pub. L. 94–370, § 10, added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–370, § 10, designated existing provisions as par. (1), substituted “such states with respect to coastal zone management; and” for “each state.”, and added par. (2).

   Enacted provision · exact public law section
   SEC. 10. REVIEW OF PERFORMANCE. Section 312(a) of the Coastal Zone Management Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 1458(a)) is amended to read as follows: “(a) The Secretary shall conduct a continuing review of— “(1) the management programs of the coastal states and the performance of such states with respect to coastal zone management; and “(2) the coastal energy impact program provided for under section 308.”. Ante, p. 1019.

3. 1980

   Coastal Zone Management Improvement Act of 1980

   Pub. L. 96–464 § 9(a) · 94 Stat. 2060

   Substituted · 16 U.S.C. § 1458(a)

   Pub. L. 96–464 substituted provisions relating to continuing review of coastal states performance with respect to coastal management for provisions relating to continuing review of management programs of coastal states, the performance of such states with respect to coastal zone management, and coastal energy impact program

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–464 substituted provisions relating to continuing review of coastal states performance with respect to coastal management for provisions relating to continuing review of management programs of coastal states, the performance of such states with respect to coastal zone management, and coastal energy impact program.

   Enacted provision · exact public law section
   (a) Section 312 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1458) is amended to read as follows: Sec. 312. “review of performance (a) The Secretary shall conduct a continuing review of the Written evaluation. performance of coastal states with respect to coastal management. Each review shall include a written evaluation with an assessment and detailed findings concerning the extent to which the state has implemented and enforced the program approved by the Secretary, addressed the coastal management needs identified in section 303(2) Ante, p. 2060. (A) through (I), and adhered to the terms of any grant, loan, or cooperative agreement funded under this title. “(b) For the purpose of making the evaluation of a coastal state’s performance, the Secretary shall conduct public meetings and provide opportunity for oral and written comments by the public. Each such evaluation shall be prepared in report form and the Secretary shall make copies thereof available to the public. “(c) The Secretary shall reduce any financial assistance extended to any coastal state under section 306 (but not below 70 per centum of the amount that would otherwise be available to the coastal state under such section for any year), and withdraw any unexpended portion of such reduction, if the Secretary determines that the coastal state is failing to make significant improvement in achieving the coastal management objectives specified in section 303(2) (A) through (I). “(d) The Secretary shall withdraw approval of the management program of any coastal state, and shall withdraw any financial assistance available to that state under this title as well as any unexpended portion of such assistance, if the Secretary determines that the coastal state is failing to adhere to, is not justified in deviating from (1) the management program approved by the Secretary, or (2) the terms of any grant or cooperative agreement funded under section 306, and refuses to remedy the deviation. “(e) Management program approval and financial assistance may not be withdrawn under subsection (d), unless the Secretary gives the coastal state notice of the proposed withdrawal and an opportunity for a public hearing on the proposed action. Upon the withdrawal of management program approval under this subsection (d), the Secretary shall provide the coastal state with written specifications of the actions that should be taken, or not engaged in, by the state in order that such withdrawal may be canceled by the Secretary. “(f) The Secretary shall carry out research on, and offer technical assistance of the coastal states with respect to, those activities, projects, and other relevant matters evaluated under this section that the Secretary considers to offer promise toward improving coastal zone management.”

4. 1980

   Coastal Zone Management Improvement Act of 1980

   Pub. L. 96–464 § 9(a) · 94 Stat. 2060

   Substituted · 16 U.S.C. § 1458(b)

   Pub. L. 96–464 substituted provisions relating to public meeting and comments for provisions relating to termination of financial assistance

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–464 substituted provisions relating to public meeting and comments for provisions relating to termination of financial assistance.

   Enacted provision · exact public law section
   (a) Section 312 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1458) is amended to read as follows: Sec. 312. “review of performance (a) The Secretary shall conduct a continuing review of the Written evaluation. performance of coastal states with respect to coastal management. Each review shall include a written evaluation with an assessment and detailed findings concerning the extent to which the state has implemented and enforced the program approved by the Secretary, addressed the coastal management needs identified in section 303(2) Ante, p. 2060. (A) through (I), and adhered to the terms of any grant, loan, or cooperative agreement funded under this title. “(b) For the purpose of making the evaluation of a coastal state’s performance, the Secretary shall conduct public meetings and provide opportunity for oral and written comments by the public. Each such evaluation shall be prepared in report form and the Secretary shall make copies thereof available to the public. “(c) The Secretary shall reduce any financial assistance extended to any coastal state under section 306 (but not below 70 per centum of the amount that would otherwise be available to the coastal state under such section for any year), and withdraw any unexpended portion of such reduction, if the Secretary determines that the coastal state is failing to make significant improvement in achieving the coastal management objectives specified in section 303(2) (A) through (I). “(d) The Secretary shall withdraw approval of the management program of any coastal state, and shall withdraw any financial assistance available to that state under this title as well as any unexpended portion of such assistance, if the Secretary determines that the coastal state is failing to adhere to, is not justified in deviating from (1) the management program approved by the Secretary, or (2) the terms of any grant or cooperative agreement funded under section 306, and refuses to remedy the deviation. “(e) Management program approval and financial assistance may not be withdrawn under subsection (d), unless the Secretary gives the coastal state notice of the proposed withdrawal and an opportunity for a public hearing on the proposed action. Upon the withdrawal of management program approval under this subsection (d), the Secretary shall provide the coastal state with written specifications of the actions that should be taken, or not engaged in, by the state in order that such withdrawal may be canceled by the Secretary. “(f) The Secretary shall carry out research on, and offer technical assistance of the coastal states with respect to, those activities, projects, and other relevant matters evaluated under this section that the Secretary considers to offer promise toward improving coastal zone management.”

5. 1980

   Coastal Zone Management Improvement Act of 1980

   Pub. L. 96–464 § 9(a) · 94 Stat. 2060

   Added · 16 U.S.C. § 1458(c)(f)

   Pub. L. 96–464 added subsecs. (c) to (f)

   Source evidence

   Code amendment note
   Subsecs. (c) to (f). Pub. L. 96–464 added subsecs. (c) to (f).

   Enacted provision · exact public law section
   (a) Section 312 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1458) is amended to read as follows: Sec. 312. “review of performance (a) The Secretary shall conduct a continuing review of the Written evaluation. performance of coastal states with respect to coastal management. Each review shall include a written evaluation with an assessment and detailed findings concerning the extent to which the state has implemented and enforced the program approved by the Secretary, addressed the coastal management needs identified in section 303(2) Ante, p. 2060. (A) through (I), and adhered to the terms of any grant, loan, or cooperative agreement funded under this title. “(b) For the purpose of making the evaluation of a coastal state’s performance, the Secretary shall conduct public meetings and provide opportunity for oral and written comments by the public. Each such evaluation shall be prepared in report form and the Secretary shall make copies thereof available to the public. “(c) The Secretary shall reduce any financial assistance extended to any coastal state under section 306 (but not below 70 per centum of the amount that would otherwise be available to the coastal state under such section for any year), and withdraw any unexpended portion of such reduction, if the Secretary determines that the coastal state is failing to make significant improvement in achieving the coastal management objectives specified in section 303(2) (A) through (I). “(d) The Secretary shall withdraw approval of the management program of any coastal state, and shall withdraw any financial assistance available to that state under this title as well as any unexpended portion of such assistance, if the Secretary determines that the coastal state is failing to adhere to, is not justified in deviating from (1) the management program approved by the Secretary, or (2) the terms of any grant or cooperative agreement funded under section 306, and refuses to remedy the deviation. “(e) Management program approval and financial assistance may not be withdrawn under subsection (d), unless the Secretary gives the coastal state notice of the proposed withdrawal and an opportunity for a public hearing on the proposed action. Upon the withdrawal of management program approval under this subsection (d), the Secretary shall provide the coastal state with written specifications of the actions that should be taken, or not engaged in, by the state in order that such withdrawal may be canceled by the Secretary. “(f) The Secretary shall carry out research on, and offer technical assistance of the coastal states with respect to, those activities, projects, and other relevant matters evaluated under this section that the Secretary considers to offer promise toward improving coastal zone management.”

6. 1986

   Coastal Zone Management Reauthorization Act of 1985

   Pub. L. 99–272 title VI § 6043(a) · 100 Stat. 82

   1. Amended · 16 U.S.C. § 1458(c)

      Pub. L. 99–272 designated existing provisions relating to failure to achieve objectives specified in section 1452(2)(A) through (I) as par. (1)

   2. Added · 16 U.S.C. § 1458(c)

      Pub. L. 99–272 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–272 designated existing provisions relating to failure to achieve objectives specified in section 1452(2)(A) through (I) as par. (1), and added par. (2).

   Enacted provision · exact public law section
   (a) Section 312(c) (16 U.S.C. 1458(c)) is amended by striking “if the Secretary determines” and all that follows thereafter and inserting in lieu thereof the following: “ if the Secretary determines that the coastal state— “(1) is failing to make significant improvement in achieving the coastal management objectives specified in section 303(2) (A) 16 USC 1452. through (I); or “(2) is failing to make satisfactory progress in providing in its management program for the matters referred to in section 306(i) (A) and (B).”.

7. 1990

   Coastal Zone Act Reauthorization Amendments of 1990

   Pub. L. 101–508 § 6216(b) · 104 Stat. 1388

   Substituted · 16 U.S.C. § 1458(a)

   Pub. L. 101–508, § 6216(b), substituted “through (K)” for “through (I)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–508, § 6216(b), substituted “through (K)” for “through (I)”.

   Enacted provision · exact public law section
   (b) Section 312(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1458(a)) is amended by striking “through (I)” and inserting in lieu thereof “through (K)”.

8. 1990

   Coastal Zone Act Reauthorization Amendments of 1990

   Pub. L. 101–508 § 6212(a) · 104 Stat. 1388

   Amended · 16 U.S.C. § 1458(b)

   Pub. L. 101–508, § 6212(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For the purpose of making the evaluation of a coastal state’s performance, the Secretary shall conduct public meetings and provide opportunity for oral and written comments by the public. Each such evaluation shall be prepared in report form and the Secretary shall make copies thereof available to the public.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–508, § 6212(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For the purpose of making the evaluation of a coastal state’s performance, the Secretary shall conduct public meetings and provide opportunity for oral and written comments by the public. Each such evaluation shall be prepared in report form and the Secretary shall make copies thereof available to the public.”

   Enacted provision · exact public law section
   (a) Public Participation.— Subsection (b) of section 312 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1458) is amended to read as follows: “(b) In evaluating a coastal State’s performance, the Secretary shall conduct the evaluation in an open and public manner, and provide full opportunity for public participation, including holding public meetings in the State being evaluated and providing opportunities for the submission of written and oral comments by the public. The Secretary shall provide the public with at least 45 days’ notice of such public meetings by placing a notice in the Federal Register, by publication of timely notices in newspapers of general circulation within the State being evaluated, and by communications with persons and organizations known to be interested in the evaluation. Each evaluation shall be prepared in report form and shall include written responses to the written comments received during the evaluation process. The final report of the evaluation shall be completed within 120 days after the last public meeting held in the State being evaluated. Copies of the evaluation shall be immediately provided to all persons and organizations participating in the evaluation process.”.

9. 1990

   Coastal Zone Act Reauthorization Amendments of 1990

   Pub. L. 101–508 § 6212(b) · 104 Stat. 1388

   Amended · 16 U.S.C. § 1458(c)

   Pub. L. 101–508, § 6212(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary shall reduce any financial assistance extended to any coastal state under section 1455 of this title (but not below 70 per centum of the amount that would otherwise be available to the coastal state under such section for any year), and withdraw any unexpended portion of such reduction, if the Secretary determines that the coastal state—

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–508, § 6212(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary shall reduce any financial assistance extended to any coastal state under section 1455 of this title (but not below 70 per centum of the amount that would otherwise be available to the coastal state under such section for any year), and withdraw any unexpended portion of such reduction, if the Secretary determines that the coastal state—

   “(1) is failing to make significant improvement in achieving the coastal management objectives specified in section 1452(2)(A) through (I) of this title; or “(2) is failing to make satisfactory progress in providing in its management program for the matters referred to in section 1455(i)(A) and (B) of this title.”

   Enacted provision · exact public law section
   (b) Interim Sanctions.— Subsection (c) of section 312 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1458(c)) is amended to read as follows: “(c) (1) The Secretary may suspend payment of any portion of financial assistance extended to any coastal State under this title, and may withdraw any unexpended portion of such assistance, if the Secretary determines that the coastal state is failing to adhere to (A) the management program or a State plan developed to manage a national estuarine reserve established under section 315 of this title, or a portion of the program or plan approved by the Secretary, or (B) the terms of any grant or cooperative agreement funded under this title. “(2) Financial assistance may not be suspended under paragraph (1) unless the Secretary provides the Governor of the coastal state with— “(A) written specifications and a schedule for the actions that should be taken by the State in order that such suspension of financial assistance may be withdrawn; and “(B) written specifications stating how those funds from the suspended financial assistance shall be expended by the coastal state to take the actions referred to in subparagraph (A). “(3) The suspension of financial assistance may not last for less than 6 months or more than 36 months after the date of suspension.”.

10. 1990

    Coastal Zone Act Reauthorization Amendments of 1990

    Pub. L. 101–508 § 6212(c) · 104 Stat. 1388

    Amended · 16 U.S.C. § 1458(d)

    Pub. L. 101–508, § 6212(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Secretary shall withdraw approval of the management program of any coastal state, and shall withdraw any financial assistance available to that state under this chapter as well as any unexpended portion of such assistance, if the Secretary determines that the coastal state is failing to adhere to, is not justified in deviating from (1) the management program approved by the Secretary, or (2) the terms of any grant or cooperative agreement funded under section 1455 of this title, and refuses to remedy the deviation.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–508, § 6212(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Secretary shall withdraw approval of the management program of any coastal state, and shall withdraw any financial assistance available to that state under this chapter as well as any unexpended portion of such assistance, if the Secretary determines that the coastal state is failing to adhere to, is not justified in deviating from (1) the management program approved by the Secretary, or (2) the terms of any grant or cooperative agreement funded under section 1455 of this title, and refuses to remedy the deviation.”

    Enacted provision · exact public law section
    (c) Final Sanctions.— Section 312(d) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1458(d)) is amended to read as follows: “(d) The Secretary shall withdraw approval of the management program of any coastal state and shall withdraw financial assistance available to that State under this title as well as any unexpended portion of such assistance, if the Secretary determines that the coastal state has failed to take the actions referred to in subsection (c)(2)(A).”.

11. 1990

    Coastal Zone Act Reauthorization Amendments of 1990

    Pub. L. 101–508 § 6212(d) · 104 Stat. 1388

    Struck · 16 U.S.C. § 1458(f)

    Pub. L. 101–508, § 6212(d), struck out subsec. (f) which read as follows: “The Secretary shall carry out research on, and offer technical assistance of the coastal states with respect to, those activities, projects, and other relevant matters evaluated under this section that the Secretary considers to offer promise toward improving coastal zone management.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–508, § 6212(d), struck out subsec. (f) which read as follows: “The Secretary shall carry out research on, and offer technical assistance of the coastal states with respect to, those activities, projects, and other relevant matters evaluated under this section that the Secretary considers to offer promise toward improving coastal zone management.”

    Enacted provision · exact public law section
    (d) Repeal.— Subsection (f) of section 312 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1458) is repealed.

12. 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. § 1458(b); 16 U.S.C. § 1458(c)(1)

       Pub. L. 102–587 substituted “coastal state’s” for “coastal State’s” after “any” in subsec. (c)(1)

    2. Substituted · 16 U.S.C. § 1458(b); 16 U.S.C. § 1458(c)(1)

       Pub. L. 102–587 substituted “coastal state” for “coastal State” after “any” in subsec. (c)(1)

    Source evidence

    Code amendment note
    Subsecs. (b), (c)(1). Pub. L. 102–587 substituted “coastal state’s” for “coastal State’s” in subsec. (b) and “coastal state” for “coastal State” after “any” in subsec. (c)(1).

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

15 of 16 references resolved to an enrolled provision · 1 partial