Pub. Law 92-583 86 STAT 1289 October 27, 1972 AUTHORIZATION OF APPROPRIATIONS SEC. 315. (a) There are authorized to be appropriated (1) the sum of $9,000,000 for the fiscal year ending June 30, 1973, and for each of the fiscal years 1974 through 1977 for grants under section 305, to remain available until expended; (2) such sums, not to exceed $30,000,000, for the fiscal year ending June 30, 1974, and for each of the fiscal years 1975 through 1977, as may be necessary, for grants under section 306 to remain available until expended; and (3) such sums, not to exceed $6,000,000 for the fiscal year ending June 30, 1974, as may be necessary, for grants under section 312, to remain available until expended. (b) There are also authorized to be appropriated such sums, not to exceed $3,000,000, for fiscal year 1973 and for each of the four succeeding fiscal years, as may be necessary for administrative expenses incident to the administration of this title. Approved October 27, 1972. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-1049 accompanying H.R. 14146 (Comm. on Merchant SENATE REPORT No. 92-753 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 118 (1972): Apr. 25, considered and passed Senate. Aug. 2, considered and passed House, amended, in lieu of H.R. 14146. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 44: Oot. 28, Presidential statement. о Public Law 94-370 94th Congress, S. 586 July 26, 1976 An Act To improve coastal zone management in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Coastal Zone Management Act Amendments of 1976”. SEC. 2. FINDINGS. Section 302 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451) is amended (1) by inserting "ecological," immediately after "recreational," in subsection (b); (2) by striking out (A) the semicolon at the end of subsections (a), (b), (c), (d), (e), and (f), respectively, and (B)"; and" at the end of subsection (g), and inserting in lieu of such matter at each such place a period; and (3) by inserting immediately after subsection (h) the following: "(i) The national objective of attaining a greater degree of energy self-sufficiency would be advanced by providing Federal financial assistance to meet state and local needs resulting from new or expanded energy activity in or affecting the coastal zone.". SEC. 3. DEFINITIONS. Section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453) is amended (1) by redesignating paragraph (a) as paragraph (1), and by amending the first sentence of such paragraph (1) (as so redesignated) (A) by striking out "Coastal" and inserting in lieu thereof "The term 'coastal"; and (B) by inserting immediately after "and includes" the following: "islands,"; (2) by redesignating paragraph (b) as paragraph (2), and by amending such paragraph (2) (as so redesignated) — (A) by striking out "Coastal" and inserting in lieu thereof "The term 'coastal"; and (B) by striking out "(1)" and "(2)" and inserting in lieu thereof "(A)" and "(B)", respectively; (3) by striking out "(c) Coastal" and inserting in lieu thereof "(3) The term 'coastal"; (4) by inserting immediately before paragraph (d) thereof the following: "(4) 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 Coastal Zone 1976. 16 USC 1451 note. 74-836 O 90 STAT. 1013 Post, p. 1019. Post, p. 1018. operation of such equipment or facility be carried out in, or in close proximity to, the coastal zone of any coastal state; "(i) Any outer Continental Shelf energy activity. "(ii) Any transportation, conversion, treatment, transfer, or storage of liquefied natural gas. "(ii) 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 3 (10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(10))). 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. "(5) The term 'energy facilities' means any equipment or facility which is or will be used primarily "(A) in the exploration for, or the development, production, conversion, storage, transfer, processing, or transportation of, any energy resource; or "(B) for the manufacture, production, or assembly of equipment, machinery, products, or devices which are involved in any activity described in subparagraph (A). The term includes, but is not limited to (i) electric generating plants; (ii) petroleum refineries and associated facilities; (iii) gasification plants; (iv) facilities used for the transportation, conversion, treatment, transfer, or storage of liquefied natural gas; (v) uranium enrichment or nuclear fuel processing facilities; (vi) oil and gas facilities, including platforms, assembly plants, storage depots, tank farms, crew and supply bases, and refining complexes; (vii) facilities including deepwater ports, for the transfer of petroleum; (viii) pipelines and transmission facilities; and (ix) terminals which are associated with any of the foregoing."; (5) by striking out (d) Estuary'" and inserting in lieu thereof "(6) The term 'estuary'"; (6) by redesignating paragraph (e) as paragraph (7) and by amending such paragraph (7) (as so redesignated). (A) by striking out "Estuarine" and inserting in lieu thereof "The term 'estuarine", and (B) by striking out "estuary, adjoining transitional areas, and adjacent uplands, constituting" and inserting in lieu thereof the following: "estuary and any island, transitional area, and upland in, adjoining, or adjacent to such estuary, and which constitutes"; (7) by striking out paragraph (f) and inserting in lieu thereof the following: "(8) The term 'Fund' means the Coastal Energy Impact Fund established by section 308 (h). "(9) The term 'land use' means activities which are conducted in, or on the shorelands within, the coastal zone, subject to the requirements outlined in section 307 (g). "(10) 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."; 90 STAT. 1014 (8) by striking out "(g) 'Management" and inserting in lieu thereof(11) The term 'management"; (9) by inserting immediately after paragraph (11) (as redesignated by paragraph (8) of this section) the following: "(12) The term 'outer Continental Shelf energy activity' means any exploration for, or any development or production of, oil or natural gas from the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 (a))), or the siting, construction, expansion, or operation of any new or expanded energy facilities directly required by such exploration, development, or production. (13) The term 'person' means any individual; any corporation, partnership, association, or other entity organized or existing under the laws of any state; the Federal Government; any state, regional, or local government; or any entity of any such Federal, state, regional, or local government. "(14) 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. (15) The term 'Secretary' means the Secretary of Commerce."; (10) by striking out "(h) "Water" and inserting in lieu thereof "(16) The term 'water"; and (11) by striking out paragraph (i). "MANAGEMENT PROGRAM DEVELOPMENT GRANTS "SEC. 305. (a) The Secretary may make grants to any coastal state"(1) under subsection (c) for the purpose of assisting such state in the development of a management program for the land and water resources of its coastal zone; and "(2) under subsection (d) for the purpose of assisting such state in the completion of the development, and the initial implementation, of its management program before such state qualifies for administrative grants under section 306. "(b) The management program for each coastal state shall include each of the following requirements: "(1) An identification of the boundaries of the coastal zone subject to the management program. "(2) 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. "(3) An inventory and designation of areas of particular con cern within the coastal zone. "(4) An identification of the means by which the state proposes to exert control over the land uses and water uses referred to in Post, p. 1017. 90 STAT. 1015 Post, p. 1017. Eligibility. Post, p. 1018. paragraph (2), including a listing of relevant constitutional provisions, laws, regulations, and judicial decisions. "(5) Broad guidelines on priorities of uses in particular areas, including specifically those uses of lowest priority. "(6) A description of the organizational structure proposed to implement such management program, including the responsibilities and interrelationships of local, area wide, state, regional, and interstate agencies in the management process. "(7) 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. "(8) A planning process for energy facilities likely to be located in, or which may significantly affect, the coastal zone, including, but not limited to, a process for anticipating and managing the impacts from such facilities. "(9) A planning process for (A) assessing the effects of shoreline erosion (however caused), and (B) studying and evaluating ways to control, or lessen the impact of, such erosion, and to restore areas adversely affected by such erosion. No management program is required to meet the requirements in paragraphs (7), (8), and (9) before October 1, 1978. "(c) The Secretary may make a grant annually to any coastal state for the purposes described in subsection (a) (1) if such state reasonably demonstrates to the satisfaction of the Secretary that such grant will be used to develop a management program consistent with the requirements set forth in section 306. The amount of any such grant shall not exceed 80 per centum of such state's costs for such purposes in any one year. No coastal state is eligible to receive more than four grants pursuant to this subsection. After the initial grant is made to any coastal state pursuant to this subsection, no subsequent grant shall be made to such state pursuant to this subsection unless the Secretary finds that such state is satisfactorily developing its management program. "(d) (1) The Secretary may make a grant annually to any coastal state for the purposes described in subsection (a) (2) if the Secretary finds that such state meets the eligibility requirements set forth in paragraph (2). The amount of any such grant shall not exceed 80 per centum of the costs for such purposes in any one year. "(2) A coastal state is eligible to receive grants under this subsection if it has "(A) developed a management program which— "(i) is in compliance with the rules and regulations promulgated to carry out subsection (b), but "(ii) has not yet been approved by the Secretary under section 306; "(B) specifically identified, after consultation with the Secretary, any deficiency in such program which makes it ineligible for approval by the Secretary pursuant to section 306, and has established a reasonable time schedule during which it can remedy any such deficiency; "(C) specified the purposes for which any such grant will be used: "(D) taken or is taking adequate steps to meet any requirement under section 306 or 307 which involves any Federal official or agency; and 90 STAT. 1016 |