An Act to improve coastal zone management in the United States, and for other purposes.
PL 94-370 (S.586), enacted 07/26/1976

PUBLIC LAW 94-370—JULY 26, 1976 
90 STAT. 1013 
Public Law 94-370 
94th Congress 
An Act 
To iuipiove coastal zone management in the United States, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of Avierica 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 follow-
= "(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 aft'ecting 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) oy 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 facili-
tation 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 
July 26, 1976 
[S. 5861 
Coastal Zone 
Management Act 
Amendments of 
1976. 
16 use 1451 
note. 
90 STAT. 1014 
PUBLIC LAW 94-370—JULY 26, 1976 
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. 
"(iii) Any transportation, transfer, or storage of oil, natural 
gas, or coal (including, but not limited to, by means of any deep-
water port, as defined in section 3 (10) of the Deep 
water Port Act 
of 1974 (33 U.S.C. 1502(10))). 
P'or purposes of this paragraph, the siting, construction, expansion, 
or operation of any equipment or facility shall be 'in close proximity 
, 
: 
tj 
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 equip-
ment, 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, treat-
ment, 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 deep 
water i^orts, for the transfer of petroleum; (viii) pipe-
lines and transmission facilities; and (ix) terminals which are asso-
ciated 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 
*
^ u 
(B) by striking out "estuary, adjoining transitional areas, 
and adjacent uplands, constituting" and inserting in lieu 
ii H; 
thereof the following: "estuary and any island, transitional 
area, and upland in, adjoining, or adjacent to such estuary, 
: 
1,'-: 
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 
Post, p. 1019. 
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 require-
16 use 1456. 
ments 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."; 
PUBLIC LAW 94-370—JULY 26, 1976 
90 STAT. 1015 
(8) by striking out "(g) 'Management" and inserting in lieu 
thereof " (11) The term 'management"; 
(9) by inserting immediately after paragraph (11) (as redesig-
nated 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 natu-
ral gas from the outer Continental Shelf (as defined in section 2(a) 
of the Outer Continental Shelf Lands Act (43 IT.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 facili-
ties 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 treat-
ment (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 
. v . 
" (16) The term 'water"; and 
(11) by striking out paragraph (i). 
SEC. 
4. 
MANAGEMENT 
PROGRAM 
DEVELOPMENT 
GRANTS. 
Section 305 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1454) is amended to read as follows: 
u 
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 imple-
mentation, of its management program before such state qualifies 
for administrative grants under section 306. 
Post, p. 1017. 
"(b) The management program for each coastal state shall include Requirements, 
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 
90 STAT. 1016 
PUBLIC LAW 94-370—JULY 26, 1976 
V 
.) paragraph (2), including a listing of relevant constitutional pro-
visions, 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 
V 
implement such management program, including the responsi-
bilities and interrelationships of local, areawade, 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 shore-
line 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 para-
, 
graphs (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 reason-
. ably demonstrates to the satisfaction of the Secretary that such grant 
will be used to develop a management program consistent with the 
Post, p. 1017. 
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. 
Eligibility. 
" (2) A coastal state is eligible to receive grants under this subsec-
tion if it has— 
" (A) developed a management program which— 
"(i) is in compliance with the rules and regulations pro-
mulgated 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 Secre-
tary, 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 require-
Post, p. 1018. 
ment under section 306 or 307 which involves anj^ Federal official 
or agency; and 
PUBLIC LAW 94-370—JULY 26, 1976 
90 STAT. 1017 
"(E) complied with any other requirement which the Secretary, 
by rules and regulations, prescribes as being necessary and appro-
priate to carry out the purposes of this subsection. 
"(3) No management program for which grants are made under 
this subsection shall be considered an approved program for purposes 
of section 307. 
16 USC 1456. 
"(e) Grants under this section shall be made to, and allocated among, Rules and 
the coastal states pursuant to rules and regulations promulgated by regulations, 
the Secretary; except that— 
"(1) no grant shall be made under this section in an amount 
which is more than 10 per centum of the total amount appropri-
ated to carry out the purposes of this section, but the Secretary 
may waive this limitation in the case of any coastal state which is 
eligible for grants under subsection (d); and 
"(2) no grant shall be made under this section in an amount 
which is less than 1 per centum of the total amount appropriated 
to carry out the purposes of this section, but the Secretary shall 
waive this limitation in the case of any coastal state which requests 
such a waiver. 
"(f) The amount of any grant (or portion thereof) made under this 
section which is not obligated by the coastal state concerned during the 
fiscal year for which it was first authorized to be obligated by such 
state, or during the fiscal year immediately following, ghall revert to 
, 
the Secretary who shall add such amount to the funds available for 
grants under this section. 
"(g) With the approval of the Secretary, any coastal state may allo-
cate to any local government, to any areawide agency designated under 
section 204 of the Demonstration Cities and Metropolitan Development 
Act of 1966, to any regional agency, or to any interstate agency, a 42 USC 3334. 
portion of any grant received by it under this section for the pur-
pose of carrying out the provisions of this section. 
"(h) Any coastal state which has completed the development of its 
management program shall submit such program to the Secretary for 
review and approval pureuant to section 306. Whenever the Secretary I^fra^ 
approves the management program of any coastal state under section 
306, such state thereafter— 
"(1) shall not be eligible for grants under this section; except 
that such state may receive grants under subsection (c) in order to 
comply with the requirements of paragraphs (7), (8), and (9) of 
•
: • • 
subsection ( b ) ; and 
"(2) shall be eligible for grants under section 306. 
" (i) The authority to make grants under this section shall expire on Expiration date. 
September 30, 1979.". 
* 
SEC. 5. ADMINISTRATIVE GRANTS. 
Section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1455) is amended— 
(1) by amending subsection (a) to read as follows: 
" (a) The Secretary may make a grant annually to any coastal state 
for not more than 80 per centum of the costs of administering such 
state's management program if the Secretary (1) finds that such pro-
gram meets the requirements of section 305 (b), and (2) approves such Ante, p. 1015. . 
program in accordance with subsections (c), (d), and (e)."; 
(2) by amending subsection (c) (2) (B) by striking out the 
period at the end thereof and inserting in lieu thereof the follow-
ing: "; except that the Secretary shall not find any mechanism to 
be 'effective' for purposes of this subparagraph unless it includes 
each of the following requirements: 
90 STAT. 1018 
PUBLIC LAW 94-370—JULY 26, 1976 
Notice. 
: T 
"(i) Such management agency is required, before imple-
;. 
menting any management program decision which would 
conflict with any local zoning ordinance, decision, or other 
action, to send a notice of such management program decision 
to any local government whose zoning authority is affected 
thereby. 
" (ii) Any such notice shall provide that such local govern-
•' 
ment may, within the 30-day period commencing on the date 
of receipt of such notice, submit to the management agency 
• 
written comments on such management program decision, and 
any recommendation for alternatives thereto, if no action is 
taken during such period which would conflict or interfere 
with such management program decision, unless such local 
government waives its right to comment. 
"(iii) Such management agency, if any such comments are 
submitted to it, with such 30-day period, by any local 
government— 
"(I) is required to consider any such comments, 
"(II) is authorized, in its discretion, to hold a public 
hearing on such comments, and 
^ 
^ 
"(III) ma^y not take any action within such 30-day 
period to implement the management program decision, 
whether or not modified on the basis of such comments."; 
(3) by amending subsection (c) (8) to read as follows— 
"(8) The management program provides for adequate consid-
eration of the national interest involved in planning for, and in 
the siting of, facilities (including energy facilities in, or which 
significantly affect, such state's coastal zone) which are necessary 
'' i
^ 
to meet requirements which are other than local in nature. In the 
case of such energy facilities, the Secretary shall find that the 
state has given such consideration to any applicable interstate 
energy plan or program."; 
(4) by amending subsection (g) to read as follows: 
'' 
"(g) Any coastal state may amend or modify the management pro-
gram which it has submitted and which has been approved by the Sec-
retary under this section, pursuant to the required procedures described 
in subsection (c). Except with respect to any such amendment which 
is made before October 1,1978, for the purpose of complying Avith the 
Ante, p. 1015. 
requirements of paragraphs (7), (8), and (9) of section 305(b), no 
grant shall be made under this section to any coastal state after the 
date of such an amendment or modification, until the Secretary 
!
< 
".:n • 
approves such amendment or modification.". 
SEC. 6. CONSISTENCY AND MEDIATION. 
Section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1456) is amended— 
(1) by striking out "INTERAGENCY" in the title of such section; 
(2) by striking out the last sentence of subsection (b); 
(3) by amending subsection (c) (3) by inserting "(A) "immedi-
ately after "(3)", and by adding at the end thereof the following: 
"(B) After the management program of any coastal state has been 
16 use 1455. 
approved by the Secretary under section 306, any person who submits 
to the Secretary of the Interior any plan for the exploration or devel-
opment of, or production from, any area whicli has been leased under 
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) and 
regulations under such Act shall, with respect to any exploration, 
development, or production described in such plan and affecting any 
land use or water use in the coastal zone of such state, attach to such 
PUBLIC LAW 94-370—JULY 26, 1976 
90 STAT. 1019 
plan a certification that each activity which is described in detail in 
such plan complies with such state's approved management program 
and will be carried out in a manner consistent with such program. No 
Federal official or agency shall grant such person any license or permit 
for any activity described in detail in such plan until such state or its 
designated agency receives a copy of such certification and plan, 
together with any other necessary data and information, and until— 
"(i) such state or its designated agency, in accordance with 
the procedures required to be established by such state pursuant 
to subparagraph (A), concurs with such person's certification and 
notifies the Secretary and the Secretary of the Interior of such 
concurrence; 
"(ii) concurrence by such state with such certification is con-
clusively presumed, as provided for in subparagraph (A); or 
"(iii) the Secretary finds, pursuant to subparagraph (A), that 
each activity which is described in detail in such plan is consistent 
with the objectives of this title or is otherwise necessary in the 
interest of national security. 
If a state concurs or is conclusively presumed to concur, or if the 
Secretary makes such a finding, the provisions of subparagraph (A) 
are not applicable with respect to such person, such state, and any 
Federal license or permit which is required to conduct any activity 
affecting land uses or water uses in the coastal zone of such state whicn 
is described in detail in the plan to which such concurrence or find-
ing applies. If such state objects to such cei'tification and if the 
Secretary fails to make a finding under clause (iii) with respect to 
such certification, or if such person fails substantially to comply with 
such plan as submitted, such person shall submit an amendment to 
such plan, or a new plan, to the Secretary of the Interior. With respect 
to any amendment or new plan submitted to the Secretary of the 
Interior pursuant to the preceding sentence, the applicable time period 
for purposes of concurrence by conclusive presumption under subpara-
graph (A) is 3 months."; and 
(4) by adding at the end thereof the following new subsec-
tion : 
"(h) In case of serious disagreement between any Federal agency 
and a coastal state— 
"(1) in the development or the initial implementation of a 
management program under section 305; or 
Ante, p. 1015. 
(2) in the administration of a management program approved 
under section 306; 
16 USC 1455. 
the Secretary, with the cooperation of the Executive Office of the Presi-
dent, shall seek to mediate the differences involved in such disagree-
ment. The process of such mediation shall, with respect to any 
disagreement described in paragraph (2), include public hearings 
which shall be conducted in the local area concerned.". 
SEC. 7. COASTAL ENERGY IMPACT PROGRAM. 
The Coastal Zone Management Act of 1972 is further amended by 
redesignating sections 308 through 315 as sections 311 through 318, 16 USC 
respectively; and by inserting immediately after section 307 the 1457-1464. 
following: 
"COASTAL ENERGY IMPACT PROGRAM 
"SEC. 308. (a)(1) The Secretary shall administer and coordinate, 16 USC 1456a. 
as part of the coastal zone management activities of the Federal Gov-
ernment provided for under this title, a coastal energy impact 
program. Such program shall consist of the provision of financial 
90 STAT. 1020 
PUBLIC LAW 94-370—JULY 26, 1976 
Post, p. 1030. 
Rules and 
regulations. 
16 use 1463. 
Grants. 
Calculations. 
assistance to meet the needs of coastal states and local governments in 
such states resulting from specified activities involving energy devel-
opment. Such assistance, which includes— 
"(A) grants, under subsection (b), to coastal states for the 
purposes set forth in subsection (b) (4) with respect to conse-
quences resulting from the energy activities specified therein; 
"(B) grants, under subsection (c), to coastal states for study 
of, and planning for, consequences relating to new or expanded 
energy facilities in, or which significantly aifect, the coastal zone; 
"(C) loans, under subsection (d) (1), to coastal states and units 
of general purpose local government to assist such states and 
units to provide new or improved public facilities or public serv-
ices which are required as a result of coastal energy activity; 
"(D) guarantees, under subsection (d) (2) and subject to the 
provisions of subsection (f), of bonds or other evidences of in-
debtedness issued by coastal states and units of general purpose 
local government for the purpose of providing new or improved 
public facilities or public services which are required as a result 
of coastal energy activity; 
"(E) grants or other assistance, under subsection (d)(3), to 
coastal states and units of general purpose local government to 
enable such states and units to meet obligations under loans or 
guarantees under subsection (d) (1) or (2) which they are 
unable to meet as they mature, for reasons specified in subsection 
(d)(3); and 
"(F) grants, under subsection (d) (4), to coastal states which 
have suffered, are suffering, or will suffer any unavoidable loss 
of a valuable environmental or rex;reational resource; 
shall be provided, administered, and coordinated by the Secretary in 
accordance with the provisions of this section and under the rules and 
regulations required to be promulgated pursuant to paragraph (2). 
Any such financial assistance shall be subject to audit under section 
313. 
"(2) The Secretary shall promulgate, in accordance with section 317, 
such rules and regulations (including, but not limited to, those 
required under subsection (e)) as may be necessary and appropriate to 
carry out the provisions of this section. 
"(b) (1) The Secretary shall make grants annually to coastal states, 
in accordance with the provisions of this subsection. 
"(2) The amounts granted to coastal states under this subsection 
shall be, with respect to any such state for any fiscal year, the sum of 
the amounts calculated, with respect to such state, pursuant to subpara-
graphs (A), (B), (C), and (D) : 
"(A) An amount which bears, to one-third of the amount 
appropriated for the purpose of funding grants under this subsec-
tion for such fiscal year, the same ratio that the amount of outer 
Continental Shelf acreage which is adjacent to such state and 
which is newly leased by the Federal Government in the immedi-
ately preceding fiscal year bears to the total amount of outer 
Continental Shelf acreage which is newly leased by the Federal 
Government in such preceding year. 
"(B) An amount which bears, to one-sixth of the amount 
appropriated for such purpose for such fiscal year, the same ratio 
that the volume of oil and natural gas produced in the immediately 
preceding fiscal year from the outer Continental Shelf acreage 
which is adjacent to such state and which is leased by the Federal 
PUBLIC LAW 94-370—JULY 26, 1976 
90 STAT. 1021 
Government beai-s to the total volume of oil and natural gas pro-
duced in such year from all of the outer Continental Shelf acre-
age which is leased by the Federal Government. 
"(C) An amount which bears, to one-sixth of the amount 
appropriated for such purpose for such fiscal year, the same ratio 
that the volume of oil and natural gas produced from outer Con-
tinental Shelf acreage leased by the Federal Government which 
is first landed in such state in the immediately preceding fiscal 
year bears to the total volume of oil and natural gas produced 
from all outer Continental Shelf acreage leased by the Federal 
Government which is first landed in all of the coastal states in 
such year. 
"(D) An amount which bears, to one-third of the amount 
appropriated for such purpose for such fiscal year, the same ratio 
that the number of individuals residing in such state in the imme-
diately preceding fiscal year who obtain new employment in such 
year as a result of new or expanded outer Continental Shelf energy 
activities bears to the total number of individuals residing in all of 
the coastal states in such year who obtain new employment in such 
year as a result of such outer Continental Shelf energy activities. 
"(3) (A) The Secretary shall determine annually the amounts of 
' 
the grants to be provided under this subsection and shall collect and 
evaluate such information as may be necessary to make such deter-
minations. Each Federal department, agency, and instrumentality 
shall provide to the Secretary such assistance in collecting and evaluat-
ing relevant information as the Secretary may request. The Secretary 
shall request the assistance of any appropriate state agency in collect-
ing and evaluating such information. 
"(B) For purposes of making calculations under paragraph (2), 
outer Continental Shelf acreage is adjacent to a particular coastal 
state if such acreage lies on that state's side of the extended lateral 
seaward boundaries of such state. The extended lateral seaward 
boundaries of a coastal state shall be determined as follows: 
" (i) If lateral seaward boundaries have been clearly defined or 
fixed by an interstate compact, agreement, or judicial decision (if 
entered into, agreed to, or issued before the date of the enactment 
of this paragraph), such boundaries shall be extended on the basis 
of the principles of delimitation used to so define or fix them in 
such compact, agreement, or decision. 
"(ii) If no lateral seaward boundaries, or any portion thereof, 
have been clearly defined or fixed by an interstate compact, agree-
ment, or judicial decision, lateral seaward boundaries shall be 
determined according to the applicable principles of law, includ- 
,, = 
ing the principles of the Convention on the Territorial Sea and 
the Contiguous Zone, and extended on the basis of such principles. 
" (iii) If, after the date of enactment of this paragraph, two or 
more coastal states enter into or amend an interstate compact or 
agreement in order to clearly define or fix lateral seaward bound-
aries, such boundaries shall thereafter be extended on the basis of 
' 
the principles of delimitation used to so define or fix them in such 
compact or agreement, 
"(C) For purposes of making calculations under this subsection, 
the transitional quarter beginning July 1, 1976, and ending Septem-
ber 30, 1976, shall be included within the fiscal year endine: June 30, 
1976. 
.. : 
90 STAT. 1022 
PUBLIC LAW 94-370—JULY 26, 1976 
"(4) Each coastal state shall use the proceeds of grants received 
by it under this subsection for the following purposes (except that 
priority shall be given to the use of such proceeds for the purpose 
set forth in subparagraph (A)) : 
"(A) The retirement of state and local bonds, if any, which 
are guaranteed under subsection (d) (2); except that, if the 
amount of such grants is insufficient to retire both state and local 
bonds, priority shall be given to retiring local bonds, 
"(B) The study of, planning for, development of, and the 
^ 
carrying out of projects and programs in such state which are— 
"(i) necessary, because of the unavailability of adequate 
financing imder any other subsection, to provide new or 
1 *
i !'; 
improved public facilities and public services which are 
required as a direct result of new or expanded outer Conti-
nental Shelf energy activity; and 
"(ii) of a type approved by the Secretary as eligible for 
grants under this paragraph, except that the Secretary may 
not disapprove any project or program for highways and 
secondary roads, docks, navigation aids, fire and police pro-
tection, water supply, waste collection and 
treatment 
(including drainage), schools and education, and hospitals 
^ 
and health care. 
"(C) The prevention, reduction, or amelioration of any 
unavoidable loss in such state's coastal zone of any valuable 
environmental or recreational resource if such loss results from 
coastal energy activity. 
"(5) The Secretary, in a timely manner, shall determine that each 
coastal state has expended or committed, and may determine that such 
state will expend or commit, grants which such state has received 
under this subsection in accordance with the purposes set forth in 
paragraph (4). The United States shall be entitled to recover from 
any coastal state an amount equal to any portion of any such grant 
received by such state under this subsection which— 
"(A) is not expended or committed by such state before the 
close of the fiscal year immediately following the fiscal year in 
which the grant was disbursed, or 
"(B) is expended or committed by such state for any purpose 
other than a purpose set forth in paragraph (4). 
Before disbursing the proceeds of any grant under this subsection to 
any coastal state, the Secretary shall require such state to provide 
adequate assurances of being able to return to the United States any 
amounts to which the preceding sentence may apply. 
Grants. 
" (c) The Secretary shall make grants to any coastal state if the Sec-
retary finds that the coastal zone of such state is being, or is likely to 
be, significantly affected by the siting, construction, expansion, or oper-
ation of new or expanded energy facilities. Such grants shall be used 
for the study of, and planning for (including, but not limited to, the 
application of the planning process included in a management pro-
Ante, p. 1015. 
gram pursuant to section 305(b) (8)) any economic, social, or environ-
mental consequence which has occurred, is occurring, or is likely to 
occur in such state's coastal zone as a result of the siting, construction, 
expansion, or operation of such new or expanded energy facilities. 
The amount of any such grant shall not exceed 80 per centum of the 
cost of such study and planning. 
Loans. 
"(d) (1) The Secretary shall make loans to any coastal state and to 
any unit of general purpose local government to assist such state or 
unit to provide new or improved public facilities or public services, or 
PUBLIC LAW 94-370—JULY 26, 1976 
90 STAT. 1023 
both, which are required as a result of coastal energy activity. Such 
loans shall be made solely pursuant to this title, and no such loan shall 
require as a condition thereof that any such state or unit pledge its full 
faith and credit to the repayment thereof. No loan shall be made under 
this paragraph after September 30,1986. 
"(2) The Secretary shall, subject to the provisions of subsection 
(f), guarantee, or enter into commitments to guarantee, the payment 
of interest on, and the principal amount of, any bond or other evidence 
of indebtedness if it is issued by a coastal state or a unit of general 
purpose local government for the purpose of providing new or 
improved public facilities or public services, or both, which are 
required as a result of a coastal energy activity. 
"(3) If the Secretary finds that any coastal state or unit of general 
purpose local government is unable to meet its obligations pursuant to 
a loan or guarantee made under paragraph (1) or (2) because the 
actual increases in employment and related population resulting from 
coastal energy activity and the facilities associated with such activity 
do not provide adequate revenues to enable such state or unit to meet 
such obligations in accordance with the appropriate repayment sched-
ule, the Secretary shall, after review of the information submitted by 
such state or unit pursuant to subsection (e)(3), take any of the 
following actions: 
"(A) Modify appropriately the terms and conditions of such 
loan or guarantee. 
"(B) Refinance such loan. 
"(C) Make a supplemental loan to such state or unit the pro-
ceeds of which shall be applied to the payment of principal and 
interest d\i& under such loan or guarantee. 
"(D) Make a grant to such state or unit the proceeds of which 
shall be applied to the payment of principal and interest due 
under such loan or guarantee. 
Notwithstanding the preceding sentence, if the Secretary— 
"(i) has taken action under subparagraph (A), (B), or (C) 
with respect to any loan or guarantee made under paragraph (1) 
or (2), and 
"(ii) finds that additional action under subparagraph (A), 
(B), or (C) will not enable such state or unit to meet, within a 
reasonable time, its obligations under such loan or guarantee and 
any additional obligations related to such loan or guarantee; 
the Secretary shall make a grant or grants under subparagraph (D) 
to such state or unit in an amount sufficient to enable such state or 
unit to meet such outstanding obligations. 
"(4) The Secretary shall make grants to any coastal state to enable 
such state to prevent, reduce, or ameliorate any unavoidable loss in 
such state's coastal zone of any valuable environmental or recreational 
resource, if such loss results from coastal energy activity, if the Secre-
tary finds that such state has not received amounts under subsection 
(b) which are sufficient to prevent, reduce, or ameliorate such loss. 
"(e) Rules and regulations with respect to the following matters 
shall be promulgated by the Secretary as soon as practicable, but not 
later than 270 days after the date of the enactment of this section: 
"(1) A formula and procedures for apportioning equitably, 
among the coastal states, the amounts which are available for the 
provision of financial assistance under subsection (d). Such for-
mula shall be based on, and limited to, the following factors: 
"(A) The number of additional individuals who are 
expected to become employed in new or expanded coastal 
Rules and 
regulations. 
Financial 
assistance, 
formula and 
procedures. 
90 STAT. 1024 
PUBLIC LAW 94-370—JULY 26, 1976 
energy activity, and the related new population, who reside in 
; 
the respective coastal states. 
"(B) The standardized unit costs (as determined by the 
- 
Secretary by rule), in the relevant regions of such states, for 
new or improved public facilities and public services which 
are required as a result of such expected employment and the 
related new population. 
"(2) Criteria under which the Secretary shall review each 
' 
coastal state's compliance with the requirements of subsection 
(g)(2). 
Criteria and 
" (3) Criteria and procedures for evaluating the extent to which 
procedures for 
any loan or guarantee under subsection (d) (1) or (2) which is 
repayment. 
applied for by any coastal state or unit of general purpose local 
government can be repaid through its ordinary methods and rates 
for generating tax revenues. Such procedures shall require such 
state or unit to submit to the Secretary such information which 
is specified by the Secretary to be necessary for such evaluation, 
including, but not limited to— 
"(A) a statement as to the number of additional indi-
' 
viduals who are expected to become employed in the new or 
expanded coastal energy activity involved, and the related 
new population, who reside in such state or unit; 
- . 
"(B) a description, and the estimated costs, of the new or 
improved public facilities or public services needed or likely 
-
^ 
to be needed as a result of such expected employment and 
. ' 
related new population; 
;, 
"(C) a projection of such state's or unit's estimated tax 
receipts during such reasonable time thereafter, not to exceed 
30 years, which will be available for the repayment of such 
loan or guarantee; and 
"(D) a proposed repayment schedule. 
The procedures requii'ed by this paragraph shall also provide for 
the periodic verification, review, and modification (if necessary) 
by the Secretary of the information or other material required 
to be submitted pursuant to this paragraph. 
"(4) Requirements, terms, and conditions (which may include 
the posting of security) which shall be imposed by the Secretary, 
in connection with loans and guarantees made under subsections 
(d) (1) and (2), in order to assure repayment within the time 
fixed, to assure that the proceeds thereof may not be used to pro-
vide public services for an unreasonable length of time, and other-
wise to protect the financial interests of the United States. 
Interest rate. 
"(5) Criteria under which the Secretary shall establish rates 
of interest on loans made under subsections (d) (1) and (3). Such 
rates shall not exceed the current average market yield on out-
standing marketable obligations of the United States with 
' 
remaining periods to maturity comparable to the maturity of 
such loans. 
In developing rules and regulations under this subsection, the Secre-
tary shall, to the extent practicable, request the views of, or consult 
witn, appropriate persons regarding impacts resulting from coastal 
, _ 
energy activity. 
"(f) (1) Bonds or other evidences of indebtedness guaranteed under 
subsection (d) (2) shall be guaranteed on such terms and conditions 
as the Secretary shall prescribe, except that— 
"(A) no guarantee shall be made unless the indebtedness 
involved will be completely amortized within a reasonable period, 
not to exceed 30 years; 
PUBLIC LAW 94-370—JULY 26, 1976 
90 STAT. 1025 
"(B) 
no guarantee shall be made unless the Secretary 
determines that such bonds or other evidences of indebtedness 
^ 
will— 
"(i) be issued only to investors who meet the requirements 
prescribed by the Secretary, or, if an offering to the public 
is contemplated, be underwritten upon terms and conditions 
approved by the Secretary; 
"(ii) bear interest at a rate found not to be excessive by 
the Secretary; and 
"(iii) contain, or be subject to, repayment, maturitj^, and 
other provisions which are satisfactory to the Secretary; 
"(C) the approval of the Secretary of the Treasury shall be 
required with respect to any such guarantee, unless the Secretary 
of the Treasury waives such approval; and 
"(D) no guarantee shall be made after September 30, 1986. 
"(2) The full faith and credit of the United States is pledged to 
the payment, under paragraph (5), of any default on any indebted-
ness guaranteed under subsection (d) (2). Any such guarantee made 
by the Secretary shall be conclusive evidence of the eligibility of the 
obligation involved for such guarantee, and the validity of any such 
guarantee so made shall be incontestable in the hands of a holder of 
the guaranteed obligation, except for fraud oi- material misrepre-
sentation on the part of the holder, or known to the holder at the time 
acquired. 
(3) The Secretary shall prescribe and collect fees in connection Fees, 
with guarantees made under subsection (d) (2). These fees may not 
exceed the amount which the Secretary estimates to be necessary to 
cover the administrative costs pertaining to such guarantees. 
"(4) The interest paid on any obligation which is guaranteed under 
subsection (d) (2) and which is received by the purchaser thereof (or 
the purchaser's successor in interest), shall be included in gross income 
for the purpose of chapter 1 of the Internal Eevenue Code of 1954. 26 USC 1 et seq. 
The Secretary may pay out of the Fund to the coastal state or the unit 
of general purpose local government issuing such obligations not more 
than such portion of the interest on such obligations as exceeds the 
amount of interest that would be due at a comparable rate determined 
for loans made under subsection (d) (1). 
"(5) (A) Payments required to be made as a result of any guaran-
tee made under subsection (d) (2) shall be made by the Secretary from 
sums appropriated to the Fund or from moneys obtained from the Sec-
retary of the Treasury pursuant to paragraph (6). 
"(B) If there is a default by a coastal state or unit of general pur-
pose local government in any payment of principal or interest due 
under a bond or other evidence of indebtedness guaranteed by the 
Secretary under subsection (d) (2), any holder of such bond or other 
evidence of indebtedness may demand payment by the Secretary of 
the unpaid interest on and the unpaid principal of such obligation as 
they become due. The Secretary, after investigating the facts presented 
by the holder, shall pay to the holder the amount Avhich is due such 
holder, unless the Secretary finds that there was no default by such 
state or unit or that such default has been remedied. 
"(C) If the Secretary makes a payment to a holder under subpara-
graph (B), the Secretary shall— 
"(i) have all of the rights granted to the Secretary or the 
United States by law or by agreement with the obligor; and 
" (ii) be subrogated to all of the rights which were granted such 
holder, by law, assignment, or security agreement between such 
holder and the obligor. 
90 STAT. 1026 
PUBLIC LAW 94-370—JULY 26, 1976 
Such rights shall include, but not be limited to, a right of reimburse-
ment to the United States against the coastal state or unit of general 
purpose local government for which the payment was made for the 
amount of such payment plus interest at the prevailing current rate as 
determined by the Secretary. If such coastal state, or the coastal state 
in which such unit is located, is due to receive any amount under sub-
section (b), the Secretary shall, in lieu of paying such amount to 
such state, deposit such amount in the Fund until such right of reim-
bursement has been satisfied. The Secretary may accept, in complete 
or partial satisfaction of any such rights, a conveyance of property or 
interests therein. Any property so obtained by the Secretary may be 
completed, maintained, operated, held, rented, sold, or otherwise dealt 
with or disposed of on such terms or conditions as the Secretary 
prescribes or approves. If, in any case, the sum received through the 
sale of such property is greater than the amount paid to the holder 
under subparagraph (D) plus costs, the Secretary shall pay any such 
excess to the obligor. 
"(D) The Attorney General shall, upon the request of the Secretary, 
take such action as may be appropriate to enforce any right accruing 
to the Secretary or the United States as a result of the making of any 
guarantee under subsection (d) (2). Any sums received through any 
sale under subparagraph (C) or recovered pursuant to this subpara-
graph shall be paid into the Fund. 
"(6) If the moneys available to the Secretary are not sufficient to 
pay any amount which the Secretary is obligated to pay under para-
graph (5), the Secretary shall issue to the Secretary of the Treasury 
notes or other obligations (only to such extent and in such amounts as 
may be provided for in appropriation Acts) in such forms and denomi-
nations, bearing such maturities, and subject to such terms and con-
ditions as the Secretary of the Treasury prescribes. Such notes or 
other obligations shall bear interest at a rate determined by the Secre-
tary of the Treasury on the basis of the current average market yield 
on outstanding marketable obligations of the United States on com-
parable maturities during the month preceding the issuance of such 
notes or other obligations. Any sums received by the Secretary through 
such issuance shall be deposited in the Fund. The Secretary of the 
Treasury shall purchase any notes or other obligations issued under 
this paragraph, and for this purpose such Secretary may use as a 
public debt transaction the proceeds from the sale of any securities 
31 use 774. 
issued under the Second Liberty Bond Act, as now or hereafter in 
force. The purposes for which securities may be issued under that Act 
are extended to include any purchase of notes or other obligations 
issued under this paragraph. The Secretary of the Treasury may at 
any time sell any of the notes or other obligations so acquired under 
this paragraph. All redemptions, purchases, and sales of such notes 
or other obligations by the Secretary of the Treasury shall be treated 
as public debt transactions of the United States. 
"(g) (1) No coastal state is eligible to receive any financial assist-
ance under this section unless such state— 
"(A) has a management program w^hich has been approved 
16 use 1455 
under section 306 ; 
Ante, p. 1015. 
"(B) is receiving a grant under section 305(c) or (d); or 
"(C) is, in the judgment of the Secretary, making satisfactory 
progress toward the development of a management program 
16 use 1433. 
which is consistent with the policies set forth in section 303. 
PUBLIC LAW 94-370—JULY 26, 1976 
90 STAT. 1027 
"(2) Each coastal state shall, to the maximum extent practicable, 
provide that financial assistance provided under this section be appor-
tioned, allocated, and granted to units of local government within such 
state on a basis which is proportional to the extent to which such units 
need such assistance. 
"(h) There is established in the Treasury of the United States the 
Coastal Energy Impact Fund. The Fund shall be available to the Sec-
retary without fiscal year limitation as a revolving fund for the 
purposes of carrying out subsections (c) and (d). The Fund shall 
consist of— 
" (1) any sums appropriated to the Fund; 
"(2) payments of principal and interest received under any 
loan made under subsection (d)(1) ; 
"(3) any fees received in connection with any guarantee made 
under subsection (d) (2); and 
"(4) any recoveries and receipts under security, subrogation, 
and other rights and authorities described in subsection (f). 
All payments made by the Secretary to carry out the provisions of 
subsections (c), (d), and (f) (including reimbursements to other 
Government accounts) shall be paid from the Fund, only to the extent 
provided for in appropriation Acts. Sums in the Fund which are not 
currently needed for the purposes of subsections (c), (d),and (f) shall 
be kept on deposit or invested in obligations of, or guaranteed by, the 
United States. 
"(i) The Secretary shall not intercede in any land use or water 
use decision of any coastal state with respect to the siting of any energy 
facility or public facility by making siting in a particular location a 
prerequisite to, or a condition of, financial assistance under this section, 
"(j) The Secretary may evaluate, and report to the Congress, on the 
efforts of the coastal states and units of local government therein to 
reduce or ameliorate adverse consequences resulting from coastal 
energy activity and on the extent to which such efi'orts involve adequate 
consideration of alternative sites. 
"(k) To the extent that Federal funds are available under, or pur-
suant to, any other law with respect to— 
"(1) study and planning for which financial assistance may be 
provided under subsection (b) (4) (B) and (c),or 
"(2) public facilities and public services for which financial 
assistance may be provided under subsection (b) (4) (B) and (d), 
the Secretary shall, to the extent practicable, administer such sub-
sections— 
"(A) on the basis that the financial assistance shall be in addi-
tion to, and not in lieu of, any Federal funds which any coastal 
state or unit of general purpose local government may obtain 
under any other law; and 
"(B) to avoid duplication. 
" (1) As used in this section— 
"(1) The term 'retirement', when used with respect to bonds, 
means the redemption in full and the withdrawal from circula-
tion of those which cannot be repaid by the issuing jurisdiction 
in accordance with the appropriate repayment schedule. 
"(2) The term 'unavoidable', when used with respect to a loss 
of any valuable environmental or recreational resource, means a 
loss, in whole or in part— 
"(A) the costs of prevention, reduction, or amelioration of 
which cannot be directly or indirectly attributed to, or 
assessed against, any identifiable person; and 
Coastal Energy 
Impact Fund. 
Establishment. 
Report to 
Congress. 
Definitions. 
90 STAT. 1028 
PUBLIC LAW 94-370—JULY 26, 1976 
16 use 1456b. 
Ante, p. 1015. 
16 use 1455. 
Agreements or 
compacts. 
"(B) cannot be paid for with funds which are available 
under, or pursuant to, any provision of Federal law other 
than this section. 
" (3) The term 'unit of general purpose local government' means 
any political subdivision of any coastal state or any special entity 
created by such a state or subdivision 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 establish and collect 
user fees, and (B) provides any public facility or public service 
which is financed in whole or part by taxes or user fees.". 
SEC. 8. INTERSTATE GRANTS. 
The Coastal Zone Management Act of 1972 is further amended by 
adding immediately after section 308 (as added by section 7 of this 
Act) the following: 
^ 
"INTERSTATE GRANTS 
' 
"SEC, 309. (a) The coastal states are encouraged to give high 
priority— 
"(1) to coordinating state coastal zone planning, policies, and 
programs with respect to contiguous areas of such states; and 
"(2) to studying, planning, and implementing unified coastal 
zone policies with respect to such areas. 
Such coordination, study, planning, and implementation may be con-
ducted pursuant to interstate agreements or compacts. The Secretary 
may make grants annually, in amounts not to exceed 90 per centum of 
the cost of such coordination, study, planning, or implementation, if 
the Secretary finds that the proceeds of such grants will be used for 
purposes consistent with sections 305 and 306. 
"(b) The consent of the Congress is hereby given to two or more 
coastal states to negotiate, and to enter into, agreements or compacts, 
which do not conflict with any law or treaty of the United States, for— 
"(1) developing and administering coordinated coastal zone 
planning, policies, and programs pursuant to sections 305 and 
306;and 
"(2) establishing executive instrumentalities or agencies which 
such states deem desirable for the effective implementation of such 
agreements or compacts. 
Such agreements or compacts shall be binding and obligatory upon 
any state or party thereto without further approved by the Congress. 
"(c) Each executive instrumentality or agency which is established 
by an interstate agreement or compact pursuant to this section is 
encouraged to adopt a Federal-State consultation procedure for the 
identification, examination, and cooperative resolution of mutual prob-
lems with respect to the marine and coastal areas which affect, directly 
or indirectly, the applicable coastal zone. The Secretary, the Secretary 
of the Interior, the Chaii-man of the Council on Environmental Qual-
ity, the Administrator of the Environmental Protection Agency, the 
Secretary of the department in which the Coast Guard is operating, 
and the Administrator of the Federal Energy Administration, or their 
designated representatives, shall participate ex oiScio on behalf of the 
Federal Government whenever any such Federal-State consultation is 
requested by sucli an instr-umentality or agency. 
"(d) If no applicable interstate agreement or compact exists, the 
Secretary may coordinate coastal zone activities described in sub-
section (a) and may make grants to assist any group of two or more 
coastal states to create and maintain a temporary planning and 
coordinating entity to— 
PUBLIC LAW 94-370—JULY 26, 1976 
90 STAT. 1029 
"(1) coordinate state coastal zone planning, policies, and pro-
grams with respect to contiguous areas of the states involved; 
"(2) study, plan, and implement unified coastal zone policies 
with respect to such areas; and 
"(3) establish an effective mechanism, and adopt a Federal-
State consultation procedure, for the identification, examination, 
and cooperative resolution of mutual problems with respect to 
the marme and coastal areas which affect, directly or indirectly, 
the applicable coastal zone. 
The amount of such grants shall not exceed 90 per centum of the cost 
of creating and maintaining such an entity. The Federal officials 
specified in subsection (c), or their designated representatives, shall , 
participate on behalf of the Federal Government, upon the request of 
any such temporary planning and coordinating entity.". 
SEC. 9. RESEARCH AND TECHNICAL ASSISTANCE. 
The Coastal Management Act of 1972 is further amended by adding 
immediately after section 309 (as added by section 8 of this Act) the 
f ollowinff: 
u. 
RESEARCH AND TECHNICAL ASSISTANCE FOR COASTAL ZONE MANAGEMENT 
"SEC. 310. (a) The Secretary may conduct a program of research, 
16 USC 1456c. 
study, and training to support the development and implementation of 
management programs. Each department, agency, and instrumentality 
of the executive branch of the Federal Government may assist the 
Secretary, on a reimbursable basis or othei'wise, in carrying out the 
purposes of this section, including, but not limited to, the furnishing 
of information to the extent permitted by law, the transfer of personnel 
with their consent and without prejudice to their position and rating, 
and the performance of any research, study, and training which does 
not interfere with the performance of the primary duties of such 
department, agency, or instrumentality. The Secretary may enter into Contracts or other 
contracts or other arrangements with any qualified person for the pur- arrangements, 
poses of carrying out this subsection. 
"(b) The Secretary may make grants to coastal states to assist such Grants, 
states in carrying out research, studies, and training required with 
/; 
respect to coastal zone management. The amount of any grant made 
under this subsection shall not exceed 80 per centum of the cost of such 
research, studies, and training. 
"(c)(1) The Secretary shall provide for the coordination of 
research, studies, and training activities under this section with any 
other such activities that are conducted by, or subject to the authority 
of, the Secretary. 
"(2) The Secretary shall make the results of research conducted 
pursuant to this section available to any interested person.". 
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 '^oastal states and the 
performance of such states with respect „o coastal zone manage-
ment ; and 
"(2) the coastal energy impact program provided for under 
section 308.". 
Ante, p. 1019. 
90 STAT. 1030 
PUBLIC LAW 94-370—JULY 26, 1976 
SEC. 
11. AUDIT OF TRANSACTIONS. 
Section 313 of tlie Coastal Zone Management Act of 1972, as redesig-
nated by section 7 of this Act (16 U.S.C. 1459), is amended— 
(1) by inserting "AND AUDIT" after "RECOKDS" in the title of such 
section; 
(2) by amending subsection (a) — 
(A) by inserting immediately after "grant under this title" 
the following: "or of financial assistance under section 308", 
and 
(B) by inserting after "received under the grant" the fol-
lowing : "and of the proceeds of such assistance"; and 
(3) by amending subsection (b) to read as follows: 
"(b) The Secretary and the Comptroller General of the United 
States, or any of their duly aiithorized representatives, shall— 
"(1) after any grant is made under this title or any financial 
Ante, p. 1019. 
assistance is provided under section 308(d); and 
"(2) until the expiration of 3 years after— 
" ( A ) completion of the project, program, or other under-
taking for which such grant was made or used, or 
" ( B ) repayment of the loan or guaranteed indebtedness 
for which such financial assistance was provided, 
, V . < .
^ r 
have access for purposes of audit and examination to any record, book, 
document, and paper which belongs to or is used or controlled by, any 
recipient of the grant funds or any person who entered into any trans-
action relating to such financial assistance and which is pertinent for 
purposes of determining if the grant funds or the proceeds of such 
financial 
assistance are being, or were, used in accordance with the 
provisions of this title.". 
SEC. 
12. ACQUISITION OF ACCESS TO PUBLIC BEACHES 
A N D OTHER PUBLIC COASTAL AREAS. 
Section 315 of the Coastal Zone Management Act of 1972, as redes-
ignated by section 7 of this Act (16 IJ.S.C. 1461), is amended to read 
as follows: 
"ESTUARINE SANCTUARIES AND BEACH ACCESS 
Grants, 
"SEC. 315. The Secretary may, in accordance with this section and 
in accordance with such rules and regulations as the Secretary shall 
'^ 
promulgate, make grants to any coastal state for the purpose of— 
"(1) acquiring, developing, or operating estuarine sanctuaries, 
to serve as natural field laboratories in Avhich to study and gather 
data on the natural and human processes occurring within the 
estuaries of the coastal zone; and 
"(2) acquiring lands to provide for access to public beaches 
and other public coastal areas of environmental, recreational, 
historical, esthetic, ecological, or cultural value, and for the pres-
ervation of islands. 
The amount of any such grant shall not exceed 50 per centum of the 
/ 
cost of the project involved; except that, in the case of acquisition of 
any estuarine sanctuary, the Federal share of the cost thereof shall not 
exceed $2,000,000.". 
SEC. 
13. ANNUAL REPORT. 
The second sentence of section 316(a) of the Coastal Zone Manage-
ment Act of 1972, as redesignated by section 7 of this Act (16 U.S.C. 
1462(a)), is amended by striking out "and (9)" and inserting in lieu 
•''•"''- 
"
* 
thereof "(12)"; and by inserting immediately after clause (8) the 
following: "(9) a description of the economic, environmental, and 
PUBLIC LAW 94-370—JULY 26, 1976 
90 STAT. 1031 
social consequences of energy activity affecting the coastal zone and an 
evaluation of the effectiveness of financial assistance under section 308 
in dealing with such consequences; (10) a description and evaluation 
of applicable interstate and regional planning and coordination 
mechanisms developed by the coastal states; (11) a summary and 
evaluation of the research, studies, and training conducted in support 
of coastal zone management; and". 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 
Section 318 of the Coastal Zone Management Act of 1972, as redesig-
nated by section 7 of this Act (16 U.S.C. 1464), is amended to read 
as follows: 
u 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 318. (a) There are authorized to be appropriated to the 
Secretary— 
"(1) such sums, not to exceed $20,000,000 for each of the fiscal 
years ending September 30,1977, September 30,1978, and Septem-
ber 30, 1979, respectively, as may be necessary for grants under 
section 305, to remain available until expended; 
"(2) such sums, not to exceed $50,000,000 for each of the fiscal 
years ending September 30, 1977, September 30, 1978, Septem-
ber 30, 1979, and September 30, 1980, respectively, as may be 
necessary for grants under section 306, to remain available until 
expended; 
"(3) such sums, not to exceed $50,000,000 for each of the 8 
fiscal years occurring during the period beginning October 1,1976, 
and ending September 30, 1984, as may be necessary for grants 
under section 308(b) ; 
Ante, p. 1019. 
"(4) such sums, not to exceed $5,000,000 for each of the fiscal 
years ending September 30, 1977, September 30, 1978, Septem-
ber 30,1979, and September 30,1980, respectively, as may be neces-
sary for grants under section 309, to remain available until Ante, p. 1028. 
expended; 
"(5) such sums, not to exceed $10,000,000 for each of the fiscal 
years ending September 30, 1977, September 30, 1978, Septem-
ber 30,1979, and September 30,1980, respectively, as may be neces-
sary for financial assistance under section 310, of which 50 per 
centum shall be for financial assistance under section 310(a) and 
50 per centum shall be for financial assistance under section 
310(b), to remain available until expended; 
"(6) such sums, not to exceed $6,000,000 for each of the fiscal 
years ending September 30, 1977, September 30, 1978, Septem-
ber 30,1979, and September 30,1980, respectively, as may be neces-
sary for grants under section 315(1), to remain available until 
expended; 
"(7) such sums, not to exceed $25,000,000 for each of the fiscal 
years ending September 30, 1977, September 30, 1978, September 
30, 1979, and September 30, 1980, respectively, as may be neces-
sary for grants under section 315(2), to remain available until 
expended; and 
"(8) such sums, not to exceed $5,000,000 for each of the fiscal 
years ending September 30, 1977, September 30, 1978, Septem-
ber 30, 1979, and September 30, 1980, respectively, as may be 
necessary for administrative expenses incident to the adminis-
tration of this title. 
"(b) There are authorized to be appropriated until October 1,1986, 
to the Fund, such sums, not to exceed $800,000,000, for the purposes of 
90 STAT. 1032 
PUBLIC LAW 94-370—JULY 26, 1976 
Ante, p. 1017. 
cEirying out the provisions of section 308, other than subsection (b), 
of which not to exceed $50,000,000 shall be for purposes of subsections 
(c) and (d) (4) of such section. 
"(c) Federal funds received from other sources shall not be used 
to pay a coastal state's share of costs under section 305, 306, 309, or 
Ante, pp. 1015, 
310.". 
1017, 1028, 
gg^^ ^^ ADMINISTRATION. 
15 use 1511a. 
(a) There shall be in the National Oceanic and Atmospheric 
Administration an Associate Administrator for Coastal Zone Manage-
ment, who shall be appointed by the President, by and with the advice 
and consent of the Senate. Such Associate Administrator shall be an 
individual who is, by reason of background and experience, especially 
qualified to direct the implementation and administration of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). Such 
Associate Administrator shall be compensated at the rate now or here-
after provided for level V of the Executive Schedule Pay Rates 
(5 U.S.C. 5316). 
(b) Section 5316 of title 5, United States Code, is amended by 
adding at the end thereof the following new paragraph: 
"(140) Associate Administrator for Coastal Zone Manage-
ment, National Oceanic and Atmospheric Administration.". 
15 use 1511a 
(c) The Secretary may, to carry out the provisions of the amend-
•^ote. 
ments made by this Act, establish, and fix the compensation for, four 
new positions without regard to the provision of chapter 51 of title 5, 
United States Code, at rates not in excess of the maximum rate for 
5 use 5332 note. GS-18 of the General Schedule under section 5332 of such title. Any 
such appointment may, at the discretion of the Secretary, be made 
without regard to the provisions of such title 5 governing appoint-
ments in the competitive service. 
SEC. 16. SHELLFISH SANITATION REGULATIONS. 
16 use 1462 
(a) The Secretary of Commerce shall— 
•»ot*- 
(1) undertake a comprehensive review of all aspects of the 
molluscan shellfish industry, including, but not limited to, the 
harvesting, processing, and transportation of such shellfish; and 
(2) evaluate the impact of Federal law concerning water qual-
ity on the molluscan shellfish industry. 
Report to 
The Secretary of Commerce shall, not later than April 30, 1977, sub-
eongress. 
mit a report to the Congress of the findings, comments, and recom-
mendations (if any) which result from such review and evaluation. 
PUBLIC LAW 94-370—JULY 26, 1976 
90 STAT. 1033 
(b) The Secretary of Health, Education, and Welfare shall not pro-
muigate final regulations concerning the national shellfish safety pro-
gram before June 30,1977. At least 60 days prior to the promulgation Analysis, 
of any such regulations, the Secretary of Health, Education, and Wei- publication, 
fare, in consultation with the Secretary of Commerce, shall publish 
an analysis (1) of the economic impact of such regulations on the 
domestic shellfish industry, and (2) the cost of such national shellfish 
safety program relative to the benefits that it is expected to achieve. 
Approved July 26, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-878 accompanying H.R. 3981 (Comm. on Merchant Marine 
and Fisheries) and No. 94-1298 (Comm. of Conference). 
SENATE REPORTS: No. 94-277 (Comm. on Commerce) and No. 94-987 (Comm. of 
Conference). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): July 16, considered and passed Senate. 
Vol. 122 (1976): Mar. 11, considered and passed House, amended, in litu of H.R. 
3981. 
June 29, Senate agreed to conference report. 
June 30, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 12, No. 31 (1976): July 26, Presidential statement.