Coastal Zone Management Act of 1972
SEC. 309 [16 U.S.C. 1456b] Coastal Zone Enhancement Grants
(a) For purposes of this section, the term "coastal zone enhancement objective'
means any of the following objectives:
(1) Protection, restoration, or enhancement of the existing coastal wetlands
base, or creation of new coastal wetlands.
(2) Preventing or significantly reducing threats to life and destruction
of property by eliminating development and redevelopment in high-hazard areas,
managing development in other hazard areas, and anticipating and managing
the effects of potential sea level rise and Great Lakes level rise.
(3) Attaining increased opportunities for public access, taking into account
current and future public access needs, to coastal areas of recreational,
historical, aesthetic, ecological, or cultural value.
(4) Reducing marine debris entering the Nation's coastal and ocean environment
by managing uses and activities that contribute to the entry of such debris.
(5) Development and adoption of procedures to assess, consider, and control
cumulative and secondary impacts of coastal growth and development, including
the collective effect on various individual uses or activities on coastal
resources, such as coastal wetlands and fishery resources.
(6) Preparing and implementing special area management plans for important
(7) Planning for the use of ocean resources.
(8) Adoption of procedures and enforceable policies to help facilitate the
siting of energy facilities and Government facilities and energy-related
activities and Government activities which may be of greater than local significance.
(b) Subject to the limitations and goals established in this section, the
Secretary may make grants to coastal states to provide funding for
development and submission for Federal approval of program changes that support
attainment of one or more coastal zone enhancement objectives.
(c) The Secretary shall evaluate and rank State proposals for funding under
this section, and make funding awards based on those proposals, taking into
account the criteria established by the Secretary under subsection (d). The
Secretary shall ensure that funding decisions under this section take into
consideration the fiscal and technical needs of proposing States and the overall
merit of each proposal in terms of benefits to the public.
(d) Within 12 months following the date of enactment of this section, and
consistent with the notice and participation requirements established in section
317, the Secretary shall promulgate regulations concerning coastal zone enhancement
grants that establish--
(1) specific and detailed criteria that must be addressed by a coastal state
(including the State's priority needs for improvement as identified by the
Secretary after careful consultation with the State) as part of the State's
development and implementation of coastal zone enhancement objectives;
(2) administrative or procedural rules or requirements as necessary to facilitate
the development and implementation of such objectives by costal states; and
(3) other funding award criteria as are necessary or appropriate to ensure
that evaluations of proposals, and decisions to award funding, under this
section are based on objective standards applied fairly and equitably to
(e) A State shall not be required to contribute any portion of the cost of
any proposal for which funding is awarded under this section.
(f) Beginning in fiscal year 1991, not less than 10 percent and not more than
20 percent of the amounts appropriated to implement sections 306 and 306A of
this title shall be retained by the Secretary for use in implementing this
section, up to a maximum of $10,000,000 annually.
(g) If the Secretary finds that the State is not undertaking the actions committed
to under the terms of the grant, the Secretary shall suspend the
State's eligibility for further funding under this section for at least one
January 22, 2009