and local government entities, and environmental organizations; (4) ensure that the highest quality of research projects will be conducted to carry out the comprehensive plan; and (5) prepare, for submission to Congress, a periodic report on the marine environmental research issues and activities within the region in accordance with section 1447e of this title. (d) Powers Each Board shall be authorized to (1) cooperate with Federal agencies, with States and with local government entities, interstate and regional agencies, other public agencies and authorities, nonprofit institutions, laboratories, and organizations, or other appropriate persons, in the preparation and support of marine research in the region; (2) enter into contracts, cooperative agreements or grants to State and local governmental entities, other public agencies or institutions, and non-profit institutions and organizations for purposes of carrying out the provisions of this chapter; (3) collect and make available through publications and other appropriate means, the results of, and other information pertaining to, the research conducted in the region; (4) call conferences on regional marine research and assessment issues, giving opportunity for interested persons to be heard and present papers at such conferences; (5) develop and stimulate, in consultation with the Department of State, joint marine research projects with foreign nations; (6) utilize facilities and personnel of existing Federal agencies, including scientific laboratories and research facilities; (7) accept, and for all general purposes of this Act, utilize funds from other sources, including but not limited to State and local funds, university funds, and donations; and (8) acquire secret processes, inventions, patent applications, patents, licenses, and property rights, by purchase, license, lease, or donation. (e) Administration (1) Practices and procedures Each Board shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this chapter. Each Board should use existing research administrative capability to the extent practicable. (2) Committees and subcommittees Each Board shall establish such committees and subcommittees as are appropriate in the performance of its functions. (3) Staff and support Each Board is authorized to hire such staff as are necessary to carry out the functions of the Board. (f) Termination Each Board shall cease to exist on October 1, 1999, unless extended by Congress. (Pub. L. 92-532, title IV, § 403, as added Pub. L. 101-593, title III, § 301, Nov. 16, 1990, 104 Stat. 2964.) REFERENCES IN TEXT This Act, referred to in subsec. (d)(7), means Pub. L. 92-532, which enacted this chapter, chapter 32 (§ 1431 et seq.) of this title, and chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of Title 33, Navigation and Navigable Waters. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1447a, 1447f of this title. § 1447c. Regional research plans (a) Development and amendment of regional plans (1) In general Each Board shall develop a comprehensive 4-year marine research plan for the region for which the Board is responsible, and shall amend the plan at such times as the Board considers necessary to reflect changing conditions, but no less frequently than once every 4 years. (2) Review and consideration of national plan In the development and amendment of its research plan, the Board shall consider findings and recommendations of the national plan developed pursuant to the National Ocean Pollution Planning Act of 1978 (33 U.S.C. 1701 et seq.).1 (b) Contents of plan Such marine research plan shall include (1) an overview of the environmental quality conditions in the coastal and marine waters of the region and expected trends in these conditions; (2) a comprehensive inventory and description of all marine research related to water quality and ecosystem health expected to be conducted in the region during the 4-year term of the research plan; (3) a statement and explanation of the marine research needs and priorities applicable to the marine and coastal waters of the region over the upcoming 10-year period with emphasis on the upcoming 3-to-5 year period; (4) an assessment of how the plan will incorporate existing marine, coastal, and estuarine research and management in the region, including activities pursuant to section 1330 of title 33 and section 1461 of this title; and (5) a general description of marine research and monitoring objectives and timetables for achievement through the funding of projects under this chapter during the 4-year period covered by the plan so as to meet the priorities specified in the plan in accordance with paragraph (3). (c) Plan review and approval (1) In general When a Board has developed a marine research plan, including amendments thereto, the Board shall submit the plan to the Ad 'See References in Text note below. ministrator of the National Oceanic and Atmospheric Administration and the Administration of the Environmental Protection Agency, who shall jointly determine whether the plan meets the requirements of subsection (b) of this section. (2) Time for approval or disapproval The Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency, shall jointly approve or disapprove such research plan within 120 days after receiving the plan. (3) Action after disapproval In the case of disapproval of such research plan, the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency shall jointly notify the appropriate Board in writing, stating in detail the revisions necessary to obtain approval of the plan. Such Administrators shall approve or disapprove the revised plan within 90 days after receiving the revised plan from the Board. (Pub. L. 92-532, title IV, § 404, as added Pub. L. 101-593, title III, § 301, Nov. 16, 1990, 104 Stat. 2966.) REFERENCES IN TEXT The National Ocean Pollution Planning Act of 1978, referred to in subsec. (a)(2), is Pub. L. 95-273, May 8, 1978, 92 Stat. 228, as amended, which was classified generally to chapter 31 (§ 1701 et seq.) of Title 33, Navigation and Navigable Waters, and was repealed by Pub. L. 102-567, title II, § 204, Oct. 29, 1992, 106 Stat. 4282. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1447b, 1447d of this title. (1) Each Board may annually submit a grant application to the Administrator of the National Oceanic and Atmospheric Administration to fund projects aimed at achieving the research priorities set forth in each research plan, including amendments thereto, developed and approved pursuant to section 1447c of this title. (2) Projects eligible for funding under this section shall include research, investigations, studies, surveys, or demonstrations with respect to (A) baseline assessment of marine environmental quality, including chemical, physical, and biological indicators of environmental quality; (B) effects or potential effects of contaminants, including nutrients, toxic chemicals and heavy metals, on the environment, including marine and aquatic organisms; (C) effects of modification of habitats, including coastal wetlands, seagrass beds and reefs, on the environment, including marine organisms; (D) assessment of impacts of pollutant sources and pollutant discharges into the coastal environment; (E) transport, dispersion, transformation, and fate and effect of contaminants in the marine environment; (F) marine and estuarine habitat assessment and restoration; (G) methods and techniques for modeling environmental quality conditions and trends; (H) methods and techniques for sampling of water, sediment, marine and aquatic organisms, and demonstration of such methods and techniques; (I) the effects on human health and the environment of contaminants or combinations of contaminants at various levels, whether natural or anthropogenic, that are found in the marine environment; (J) environmental assessment of potential effects of major coastal and offshore development projects in the region; (K) assessment of the effects of climate change on marine resources in the region; and (L) analysis and interpretation of research data for the benefit of State and local environmental protection and resource management agencies in the region. (3) Grant applications submitted pursuant to this subsection shall include (A) a description of the specific research projects to be conducted; (B) identification of the organization responsible for each project and the principal investigator directing the project; (C) a budget statement for each project; (D) a schedule of milestones and interim products for each research project; (E) a description of the relationship of the proposed project to the goals, objectives, and priorities of the research plan for the region and to other research projects; and (F) any other information which may be required by the Administrator. (c) Review and approval of project proposals (1) The Administrator of the National Oceanic and Atmospheric Administration shall review the annual grant application and, with the concurrence of the Administrator of the Environmental Protection Agency, approve such grant application with such conditions as are determined to be appropriate based on peer reviews conducted pursuant to paragraph (2). (2) The Administrator of the National Oceanic and Atmospheric Administration shall develop a system of peer review of grant applications which shall ensure that only the highest quality research is approved for funding and that each project is reviewed by research scientists outside the region concerned. (d) Reporting Any recipient of a grant under this section shall report to the appropriate Board, not later than 18 months after award of the grant, on the activities of such recipient conducted pursuant to this subsection. Such report shall in clude narrative summaries and technical data in such form as the Administrator of the National Oceanic and Atmospheric Administration may require. (Pub. L. 92-532, title IV, § 405, as added Pub. L. 101-593, title III, § 301, Nov. 16, 1990, 104 Stat. 2967.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1447e, 1447f of this title. § 1447e. Report on research program (a) Preparation and submission of report Each Board receiving a grant under section 1447d of this title shall, not later than 2 years after the approval of its comprehensive plan under section 1447d of this title and at 2-year intervals thereafter, prepare and submit to the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency a report describing (1) the findings and conclusions of research projects conducted in the region; (2) recommendations for improvements in the design or implementation of programs for the protection of the marine environment; and (3) available data and information concerning ecosystem health within the region. (b) Transmittal to Congress Upon receipt of a report prepared by a Board under subsection (a) of this section, the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency shall transmit a copy of such report to the Committees on Commerce, Science, and Transportation and on Environment and Public Works of the Senate and to the Committee on Merchant Marine and Fisheries of the House of Representatives. (Pub. L. 92-532, title IV, § 406, as added Pub. L. 101-593, title III, § 301, Nov. 16, 1990, 104 Stat. 2969.) (b) Allocation (1) Of funds appropriated in any fiscal year, not more than $500,000 shall be reserved for administration of this chapter by the National Oceanic and Atmospheric Administration and the Environmental Protection Agency. (2) Funds appropriated in a fiscal year which are available after allocation pursuant to paragraph (1), shall be used to support the administrative costs of Boards established pursuant to section 1447b(a) of this title, provided that such funding does not exceed $300,000 for each research Board in each fiscal year. (3) Seventy-five percent of funds appropriated in a fiscal year available after allocation pursuant to paragraphs (1) and (2), shall be allocated equally among Boards located in regions submitting research project grant applications pursuant to section 1447d(b) of this title. (4) Twenty-five percent of funds appropriated in a fiscal year available after allocation pursuant to paragraphs (1) and (2), shall be allocated among Boards located in regions submitting research project grant applications pursuant to section 1447d(b) of this title which, in the judgment of the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Administrator of the Environmental Protection Agency, propose the most needed and highest quality research. (Pub. L. 92-532, title IV, § 407, as added Pub. L. 101-593, title III, § 301, Nov. 16, 1990, 104 Stat. 2969.) CHAPTER 33-COASTAL ZONE MANAGEMENT Sec. 1451. 1452. 1453. 1454. 1455. 1455a. 1455b. 1464. (a) Establishment by Secretary; administration. (b) Purposes of Institute. (c) Determination of Institute policies. (e) Administration of Institute. (h) Access to Institute books, records, (i) Status of Institute employees. (a) Sums appropriated to Secretary. (c) Limitations. (d) Reversion to Secretary of unobligated State funds; availability of funds. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 5441, 1455b, 3505, 3509 of this title; title 33 sections 1503, 1508, 2801; title 42 sections 9111, 9115; title 43 sections 1351, 1866; title 46 section 13101. § 1451. Congressional findings The Congress finds that (a) There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone. (b) The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation. (c) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion. (d) The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man's alterations. (e) Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost. (f) New and expanding demands for food, energy, minerals, defense needs, recreation, waste disposal, transportation, and industrial activities in the Great Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are placing stress on these areas and are creating the need for resolution of serious conflicts among important and competing uses and values in coastal and ocean waters; (g) Special natural and scenic characteristics are being damaged by ill-planned development that threatens these values. (h) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate. (i) The key to more effective protection and use of the land and water resources of the coastal zone is to encourage the states to exercise their full authority over the lands and waters in the coastal zone by assisting the states, in cooperation with Federal and local governments and other vitally affected interests, in developing land and water use programs for the coastal zone, including unified policies, criteria, standards, methods, and processes for dealing with land and water use decisions of more than local significance. (j) 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. (k) Land uses in the coastal zone, and the uses of adjacent lands which drain into the coastal zone, may significantly affect the quality of coastal waters and habitats, and efforts to control coastal water pollution from land use activities must be improved. (1) Because global warming may result in a substantial sea level rise with serious adverse effects in the coastal zone, coastal states must anticipate and plan for such an occurrence. (m) Because of their proximity to and reliance upon the ocean and its resources, the coastal states have substantial and significant interests in the protection, management, and development of the resources of the exclusive economic zone that can only be served by the active participation of coastal states in all Federal programs affecting such resources and, wherever appropriate, by the development of state ocean resource plans as part of their federally approved coastal zone management programs. (Pub. L. 89-454, title III, § 302, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1280; amended Pub. L. 94-370, § 2, July 26, 1976, 90 Stat. 1013; Pub. L. 96-464, § 2, Oct. 17, 1980, 94 Stat. 2060; Pub. L. 101-508, title VI, § 6203(a), Nov. 5, 1990, 104 Stat. 1388-300.) AMENDMENTS 1990-Subsec. (d). Pub. L. 101-508, § 6203(a)(1), inserted "habitat areas of the" before "coastal zone". Subsec. (f). Pub. L. 101-508, § 6203(a)(2), inserted "exclusive economic zone," after "territorial sea,". Subsecs. (k) to (m). Pub. L. 101-508, § 6203(a)(3), added subsecs. (k) to (m). 1980-Subsecs. (f) to (j). Pub. L. 96–464, § 2(1), (2), added subsec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively. 1976-Subsec. (b). Pub. L. 94-370, § 2(1), inserted "ecological," after "recreational,". Subsec. (i). Pub. L. 94-370, § 2(3), added subsec. (i). SHORT TITLE OF 1990 AMENDMENT Section 6201 of title VI of Pub. L. 101-508 provided that: "This subtitle [subtitle C (§§ 6201-6217) of title VI of Pub. L. 101-508, enacting sections 1455b, 1456c, and 1460 of this title, amending this section and sections 1452 to 1456b, 1458, 1461, and 1464 of this title, and enacting provisions set out as notes under this section and section 1455 of this title] may be cited as the 'Coastal Zone Act Reauthorization Amendments of 1990'." SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-272, title VI, § 6041, Apr. 7, 1986, 100 Stat. 124, provided that: "This subtitle [subtitle D (§§ 6041-6047) of title VI of Pub. L. 99-272, amending sections 1455, 1455a, 1456a, 1458, 1461, and 1464 of this title, repealing sections 1456c and 1460 of this title, and repealing provisions set out as a note under this section] may be cited as the 'Coastal Zone Management Reauthorization Act of 1985'." SHORT TITLE OF 1980 AMENDMENT Section 1 of Pub. L. 96-464 provided: “That this Act [enacting sections 1455a and 1463a of this title, amending this section and sections 1452, 1453, 1455, 1456a, 1456b, 1458, 1461, 1462, and 1464 of this title, and enacting provisions set out as notes under sections 1455, 1458, and 1463a of this title] may be cited as the 'Coastal Zone Management Improvement Act of 1980'." SHORT TITLE OF 1976 AMENDMENT Section 1 of Pub. L. 94-370 provided: “That this Act [enacting section 1511a of Title 15, Commerce and Trade, and sections 1456a to 1456c of this title, amending this section, sections 1453 to 1456 and 1457 to 1464 of this title, and section 5316 of Title 5, Government Organization and Employees, and enacting provisions set out as notes under section 1511a of Title 15 and section 1462 of this title] may be cited as the 'Coastal Zone Management Act Amendments of 1976'." SHORT TITLE Section 301 of title III of Pub. L. 89-454, as added by Pub. L. 92-583, provided that: "This title [enacting this chapter] may be cited as the 'Coastal Zone Management Act of 1972'." FINDINGS AND PURPOSE of Coastal ZONE ACT Section 6202 of Pub. L. 101-508 provided that: "(a) FINDINGS.-Congress finds and declares the following: "(1) Our oceans, coastal waters, and estuaries constitute a unique resource. The condition of the water quality in and around the coastal areas is significantly declining. Growing human pressures on the coastal ecosystem will continue to degrade this resource until adequate actions and policies are implemented. "(2) Almost one-half of our total population now lives in coastal areas. By 2010, the coastal population will have grown from 80,000,000 in 1960 to 127,000,000 people, an increase of approximately 60 percent, and population density in coastal counties will be among the highest in the Nation. "(3) Marine resources contribute to the Nation's economic stability. Commercial and recreational fishery activities support an industry with an estimated value of $12,000,000,000 a year. "(4) Wetlands play a vital role in sustaining the coastal economy and environment. Wetlands support and nourish fishery and marine resources. They also protect the Nation's shores from storm and wave damage. Coastal wetlands contribute an estimated $5,000,000,000 to the production of fish and shellfish in the United States coastal waters. Yet, 50 percent of the Nation's coastal wetlands have been destroyed, and more are likely to decline in the near future. “(5) Nonpoint source pollution is increasingly recognized as a significant factor in coastal water degra |