§1462 — Title 16 Conservation | U.S. Code

Summary

The Secretary must meet with Congress regularly and send a report every two fiscal years to the President so the President can send it to Congress. The report must be sent by April 1 after the two-year period ends. It must sum up how the coastal program was run and include: which state programs were approved and what they do; which states took part and what they accomplished; how money was split among states and what projects were paid for; any state programs rejected and why; results of program reviews and any penalties; activities that did not match approved state plans; rules the Secretary issued; a national coastal strategy and who is responsible at each government level; the top problems; how energy activity affected coasts and whether help under section 1456a worked; interstate and regional planning efforts; and research, studies, and training, plus any other relevant information. The Secretary must also suggest any new laws needed to improve the program. The Secretary must also review other federal programs that affect coastal resources to find conflicts with this chapter. Within one year after October 17, 1980, the Secretary must tell any federal agency if a conflict is found and must quickly send Congress a report with the findings and recommendations to fix those conflicts.

Title 16, §1462

Conservation — Source: USLM XML via OLRC

(a)The Secretary shall consult with the Congress on a regular basis concerning the administration of this chapter and shall prepare and submit to the President for transmittal to the Congress a report summarizing the administration of this chapter during each period of two consecutive fiscal years. Each report, which shall be transmitted to the Congress not later than April 1 of the year following the close of the biennial period to which it pertains, shall include, but not be restricted to (1) an identification of the state programs approved pursuant to this chapter during the preceding Federal fiscal year and a description of those programs; (2) a listing of the states participating in the provisions of this chapter and a description of the status of each state’s programs and its accomplishments during the preceding Federal fiscal year; (3) an itemization of the allocation of funds to the various coastal states and a breakdown of the major projects and areas on which these funds were expended; (4) an identification of any state programs which have been reviewed and disapproved, and a statement of the reasons for such actions; (5) a summary of evaluation findings prepared in accordance with subsection (a) of section 1458 of this title, and a description of any sanctions imposed under subsections (c) and (d) of section 1458 of this title; (6) a listing of all activities and projects which, pursuant to the provisions of subsection (c) or subsection (d) of section 1456 of this title, are not consistent with an applicable approved state management program; (7) a summary of the regulations issued by the Secretary or in effect during the preceding Federal fiscal year; (8) a summary of a coordinated national strategy and program for the Nation’s coastal zone including identification and discussion of Federal, regional, state, and local responsibilities and functions therein; (9) a summary of outstanding problems arising in the administration of this chapter in order of priority; (10) a description of the economic, environmental, and social consequences of energy activity affecting the coastal zone and an evaluation of the effectiveness of financial assistance under section 1456a of this title in dealing with such consequences; (11) a description and evaluation of applicable interstate and regional planning and coordination mechanisms developed by the coastal states; (12) a summary and evaluation of the research, studies, and training conducted in support of coastal zone management; and (13) such other information as may be appropriate.

(b)The report required by subsection (a) shall contain such recommendations for additional legislation as the Secretary deems necessary to achieve the objectives of this chapter and enhance its effective operation.

(c)(1)The Secretary shall conduct a systematic review of Federal programs, other than this chapter, that affect coastal resources for purposes of identifying conflicts between the objectives and administration of such programs and the purposes and policies of this chapter. Not later than 1 year after October 17, 1980, the Secretary shall notify each Federal agency having appropriate jurisdiction of any conflict between its program and the purposes and policies of this chapter identified as a result of such review.

(2)The Secretary shall promptly submit a report to the Congress consisting of the information required under paragraph (1) of this subsection. Such report shall include recommendations for changes necessary to resolve existing conflicts among Federal laws and programs that affect the uses of coastal resources.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (a)(5). Pub. L. 102–587 substituted “subsections (c) and (d) of section 1458 of this title” for “subsections (c) and (d) of this section”. 1980—Subsec. (a). Pub. L. 96–464, § 10(2), in provision preceding opening sentence, substituted provisions that the Secretary consult with Congress concerning the administration of this chapter and prepare and submit a biennial report to the President for transmittal to Congress for provisions that the Secretary prepare and submit to the President for transmittal to Congress an annual report for the preceding year not later than November 1 of each year, in cl. (4), substituted “reviewed and disapproved and a” for “reviewed and disapproved or with respect to which grants have been terminated under this chapter, and a”, added cl. (5), and redesignated cls. (5) to (12) as (6) to (13) respectively. Subsec. (c). Pub. L. 96–464, § 10(3), added subsec. (c). 1976—Subsec. (a). Pub. L. 94–370, § 13, added cls. (9) to (11) and redesignated former cl. (9) as (12).

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective

May 15, 2000, of provisions in subsec. (a) of this section relating to transmittal to Congress of a biennial report summarizing the administration of this chapter, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 53 of House Document No. 103–7. Shellfish Sanitation Pub. L. 94–370, § 16,

July 26, 1976, 90 Stat. 1032, required the Secretary of Commerce to undertake a comprehensive review of the molluscan shellfish industry, and evaluate the impact of Federal law concerning water quality on the industry, with a report due to Congress by Apr. 30, 1977, of the findings, comments, and recommendations from the review, with final

Regulations

to be promulgated not before June 30, 1977.

Executive Documents

Assignment of Reporting Function Memorandum of President of the United States, Aug. 5, 2005, 70 F.R. 46397, provided: Memorandum for the Secretary of Commerce By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 316 of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451, et seq.). You are authorized and directed to publish this memorandum in the Federal Register. George W. Bush.

§1462 Coastal zone management reports