Coastal Zone Management Improvement Act of l980
PL 96-464 (S.2622), enacted 10/17/1980

94 STAT. 2060 
PUBLIC LAW 96-464—OCT. 17, 1980 
Public Law 96-464 
96th Congress 
An Act 
Oct. 17,1980 
rj,^ improve coastal zone management in the United States, and for other purposes. 
[S. 2622] 
Be it enacted by the Senate and House of Representatives of the 
Coastal Zone 
United States of 
America in Congress assembled. That this Act may be 
Management 
cjted as the "Coastal Zone Management Improvement Act of 1980". 
Improvement 
Act of 1980 
SEC. 2. AMENDMENT TO CONGRESSIONAL FINDINGS. 
iotY.^^ ^^^^ 
Section 302 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1451) is amended— 
(1) by inserting immediately after subsection (e) the following: 
"(f) New and expanding demands for food, energy, minerals, 
defense needs, recreation, waste disposal, transportation, and indus-
trial activities in the Great Lakes, territorial sea, and Outer Conti-
nental Shelf are placing stress on these areas and are creating the 
need for resolution of serious conflicts among important and compet-
ing uses and values in coastal and ocean waters;"; and 
(2) by redesignating subsections (f), (g), (h), and (i) as subsec-
tions (g), (h), (i), and (j), respectively. 
SEC. 3. AMENDMENT TO DECLARATION OF POLICY. 
Section 303 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1452) is amended to read as follows: 
"CONGRESSIONAL DECLARATION OF POLICY 
"SEC. 303. The Congress finds and declares that it is the national 
policy— 
"(1) to preserve, protect, develop, and where possible, to restore 
or enhance, the resources of 
the Nation's coastal zone for this and 
succeeding generations; 
"(2) to encourage and assist the states to exercise effectively 
their responsibiUties in the coastal zone through the develop-
ment and implementation of management programs to achieve 
wise use of the land and water resources of the coastal zone, 
giving full consideration to ecological, cultural, historic, and 
esthetic values as well as to needs for economic development, 
which programs should at least provide for— 
(A) the protection of natural resources, including wet-
lands, floodplains, estuaries, beaches, dunes, barrier islands, 
coral reefs, and fish and wildlife and their habitat, within 
the coastal zone, 
"(B) the management of coastal development to minimize 
the loss of life and property caused by improper development 
in flood-prone, storm surge, geological hazard, and erosion-
prone areas and in areas of subsidence and saltwater intru-
sion, and by the destruction of natural protective features 
such as beaches, dunes, wetlands, and barrier islands. 
"(C) priority consideration being given to coastal-depend-
ent uses and orderly processes for siting major facilities 
PUBLIC LAW 96-464—OCT. 17, 1980 
94 STAT. 2061 
related to national defense, energy, fisheries development, 
recreation, ports and transportation, and the location, to the 
maximum extent practicable, of new commercial and indus-
trial developments in or adjacent to areas where such 
development already exists, 
"(D) public access to the coasts for recreation purposes, 
"(E) assistance in the redevelopment of deteriorating 
urban waterfronts and ports, and sensitive preservation and 
restoration of historic, cultural, and esthetic coastal 
features, 
"(F) the coordination and simplification of procedures in 
order to ensure expedited governmental decisionmaking for 
the management of coastal resources, 
"(G) continued consultation and coordination with, and 
the giving of adequate consideration to the views of, affected 
Federal agencies, 
"(H) the giving of timely and effective notification of, and 
opportunities for public and local government participation 
in, coastal management decisionmaking, and 
"(I) assistance to support comprehensive planning, con-
servation, and management for living marine resources, 
including planning for the siting of pollution control and 
aquaculture facilities within the coastal zone, and improved 
coordination between State and Federal coastal zone man-
agement agencies and State and wildlife agencies; and 
"(3) to encourage the preparation of special area management 
plans which provide for increased specificity in protecting signifi-
cant natural resources, reasonable coastal-dependent economic 
growth, improved protection of life and property in hazardous 
areas, and improved predictability in govermental decisionmak-
ing; and 
'(4) to encourage the participation and cooperation of the 
public, state and local governments, and interstate and other 
regional agencies, as well as of the Federal agencies having 
programs affecting the coastal zone, in carrying out the purposes 
of this title.". 
SEC. 4. DEFINITIONS. 
Section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1453) is amended— 
(1) by redesignating paragraphs (2) through (16) as paragraphs 
(3) through (17), respectively; 
(2) by inserting immediately after paragraph (1) the following 
new paragraph: 
"(2) the term 'coastal resource of national significance' means 
any coastal wetland, beach, dune, barrier island, reef, estuary, or 
fish and wildlife habitat, if any such area is determined by a 
coastal state to be of substantial biological or natural storm 
protective value."; 
(3) by striking out "Guam," in paragraph (4) (as redesignated 
by paragraph (1) of this section) and inserting in lieu thereof 
"Guam, the Commonwealth of the Northern Mariana Islands, 
and the Trust Territories of the Pacific Islands,"; 
(4) by inserting immediately after paragraph (16) (as redes-
ignated by paragraph (1) of this section) the following new 
paragraph: 
"(17) The term 'special area management plan' means a compre-
hensive plan providing for natural resource protection and reason-
94 STAT. 2062 
PUBLIC LAW 96-464—OCT. 17, 1980 
able coastal-dependent economic growth containing a detailed and 
comprehensive statement of policies; standards and criteria to guide 
public and private uses of lands and waters; and mechanisms for 
timely implementation in specific geographic areas within the 
coastal zone."; and 
(5) by redesignating paragraph (17) (as redesignated by para-
graph (1) of this section) as paragraph (18). 
SEC. 5. ADMINISTRATIVE GRANTS. 
(a) 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 grants 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 program meets the requirements of section 
16 use 1454. 
305(b); 
"(2) approves such program in accordance with subsections (c), 
(d), and (e); and 
"(3) finds, if such program has been administered with finan-
cial assistance under this section for at least one year, that the 
coastal state will expend as increasing proportion of each grant 
received under this section Ot)ut not more than 30 per centum of 
the grant unless the state chooses to expend a higher percentage) 
on activities that will result in significant improvement being 
made in achieving the coastal management objectives specified 
Ante, p. 2060. 
in section 303(2) (A) through (I). 
For purposes of this subsection, the costs of administering a manage-
ment program includes costs incurred in the carrying out, in a 
manner consistent with the procedures and processes specified 
therein, of projects and other activities (other than those of a kind 
Post, p. 2063. 
referred to in clauses (A), (B), or (C) of section 306A(c)(2)) that are 
necessary or appropriate to the implementation of the management 
program."; 
(2) by striking out the first proviso to subsection (b) and by 
striking out "further" in the second proviso to such subsection; 
and 
(3) by adding at the end thereof the following new subsection: 
"(i) The coastal states are encouraged to provide in their manage-
ment programs for— 
"(A) the inventory and designation of areas that contain one or 
more coastal resources of national significance; and 
"(B) specific and enforceable standards to protect such 
resources. 
If the Secretary determines that a coastal state has failed to make 
satisfactory progress in the activities described in this subsection by 
September 30,1984, the Secretary shall not make any grants to such 
state provided under section 306A after such date.". 
Regulations. 
(b) The amendments made by subsection (a) (1) and (2) of this 
l^iY^^ ^^^^ 
section apply with respect to grants made after September 30, 1980, 
under section 306 of the Coastal Zone Management Act of 1972 and, 
within two hundred and seventy days after such date, the Secretary 
of Commerce shall issue regulations relating to the administration of 
subsection (a) of such section 306 (as so amended by such subsection 
(a)(1)). 
SEC. 6. COASTAL RESOURCE IMPROVEMENT PROGRAM. 
The Coastal Zone Management Act of 1972 is further amended by 
adding inimediately after section 306 the following new section: 
note. 
PUBLIC LAW 96-464—OCT. 17, 1980 
94 STAT. 2063 
RESOURCE MANAGEMENT IMPROVEMENT GRANTS 
Definitions. 
16 u s e 1455a. 
Ante, 2060. 
"SEC. 306 
A. (a) For purposes of this section— 
"(1) The term Eligible coastal state' means a coastal state that 
for any fiscal year for which a grant is applied for under this 
section— 
"(A) has a management program approved under section 
306; and 
"(B) in the judgment of the Secretary, is making satisfac-
tory progress in activities designed to result in significant 
improvement in achieving the coastal management objec-
tives specified in section 303(2) (A) through (I). 
"(2) The term 'urban waterfront and port' means any devel-
oped area that is densely populated and is being used for, or has 
been used for, urban residential recreational, commercial, ship-
ping or industrial purposes. 
"(b) The Secretary may make gremts to any eligible coastal state to 
assist that state in meeting one or more of the following objectives: 
"(1) The preservation or restoration of specific areas of the 
state that (A) are designated under the management program 
procedures required by section 306(c)(9) because of their conser- 16 USC 1455. 
vation recreational, ecological, or esthetic values, or (B) contain 
one or more coastal resources of national significance. 
"(2) The redevelopment of deteriorating and underutilized 
urban waterfronts and ports that are designated under section 
305(b)(3) in the state's management program as areas of particu-
lar concern. 
"(3) The provision of access of public beaches and other public 
coastal areas and to coastal waters in accordance with the 
planning process required under section 305(b)(7). 
"(c)(1) Each grant made by the Secretary under this section shall be 
subject to such terms and conditions as may be appropriate to ensure 
that the grant is used for purposes consistent with this section. 
"(2) Grants made under this section may be used for— 
"(A) the acquisition of fee simple and other interests in land; 
"(B) low-cost construction projects determined by the Secre-
tary to be consistent with the purposes of this section, including 
but not limited to, paths, walkways, fences, parks, and the 
rehabilitation of historic buildings and structures; except that 
not more than 50 per centum of any grant made under this 
section may be used for such construction projects; 
"(C) in the case of grants made for objectives described in 
subsection (b)(2)— 
"(i) the rehabilitation or acquisition of piers to provide 
increased public use, including compatible commercial 
activity, 
"(ii) the establishment of shoreline stabilization measures 
including the installation or rehabilitation of bulkheads for 
the purpose of public safety or increasing public access and 
use, and 
"(iii) the removal or replacement of pilings where such 
action will provide increased recreational use of urban 
waterfront areas, 
but activities provided for under this paragraph shall not by 
treated as construction projects subject to the limitations in 
paragraph (B); 
"(D) engineering designs, specifications, and other appropriate 
reports; and 
16 USC 1454. 
Uses, terms and 
conditions. 
79-194 O—81—pt. 2 
50 : QL3 
94 STAT. 2064 
PUBLIC LAW 96-464—OCT. 17, 1980 
Allocation. 
42 use 3334. 
Federal 
assistance. 
Grants. 
"(E) educational, interpretive, and management costs and such 
other related costs as the Secretary determines to be consistent 
with the purposes of this section. 
"(d)(1) No grant made under this section may exceed an amount 
equal to 80 per centum of the cost of carrying out the purpose or 
project for which it was awarded. 
"(2) Grants provided under this section may be used to pay a coastal 
state's share of costs required under any other Federal program that 
is consistent with the purposes of 
this section. 
"(3) The total amount of grants made under this section to any 
eligible coastal state for any fiscal year may not exceed an amount 
equal to 10 per centum of the total amount appropriated to carry out 
this section for such fiscal year. 
"(e) With the approval of the Secretary, an eligible coastal state 
may allocate to a local government, an areawide agency designated 
under section 204 of the Demonstration Cities and Metropolitan 
Development Act of 1966, a regional agency, or an interstate agency, 
a portion of any grant made under this section for the purpose of 
carrying out this section; except that such an allocation shall not 
relieve that state of the responsibility for ensuring that any funds so 
allocated are applied in furtherance of the state's approved manage-
ment program. 
"(f) In addition to providing grants under this section, the Secretary 
shall assist eligible coastal states and their local governments in 
identifying and obtaining other sources of available Federal technical 
and financial assistance regarding the objectives of this section.". 
SEC. 
7
. 
COASTAL 
ENERGY 
IMPACT 
PROGRAM. 
Section 308 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1456a) is amended— 
(1) by adding after subsection (cX2), the following new para-
graph: 
"(3)(A) 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 coastsQ zone of any valuable environmental or 
recreational resource, if such loss results from the transportation, 
transfer, or storage of coal or from alternative ocean energy 
activities. 
"(B) Such grants shall be allocated to any such state based on rules 
and regulations promulgated by the Secretary which shall take into 
account the number of coal or alternative ocean energy facilities, the 
nature of their impacts, and such other relevant factors deemed 
appropriate by the Secretary.", and 
(2) by striking out subsection (d)(4). 
SEC. 8. INTERSTATE COASTAL ZONE MANAGEMENT COORDINATION. 
Section 309 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1456b) is amended to read as follows: 
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 aresis of such States; 
"(2) to studying, planning, and implementing unified coastal 
zone policies with respect to such areas; and 
PUBLIC LAW 96-464—OCT. 17, 1980 
94 STAT. 2065 
"(3) to establishing an effective mechanism, and adopting a 
Federal-State consultation procedure, for the identification, 
examination, and cooperative resolution of mutual problems 
with respect to the marine and coastal areas which affect, 
directly or indirectly, the applicable coEistal zone. 
The coastal zone activities described in paragraphs (1), (2), and (3) of 
this subsection may be conducted pursuant to interstate agreements 
or compacts. The Secretary may make grants annually, in amounts 
not to exceed 90 percent of the cost of such activities, if the Secretary 
finds that the proceeds of such grants will be used for purposes 
consistent with sections 305 and 306. 
"O?) The consent of the Congress is hereby given to two or more 
coastal States to negotiate, and to enter into, agreements or com-
pacts, 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 approval 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 give high priority to the coastal zone activities 
described in subsection (a). The Secretary, the Secretary of the 
Interior, the Chairman of the Council on Environmental Quality, the 
Administrator of the Environmental Protection Agency, the Secre-
tary of the department in which the Coast Guard is operating, and 
the Secretary of Energy, or their designated representatives, shall 
participate ex officio on behalf of the Federal Government whenever 
any such Federal-State consultation is requested by such an instru-
mentality or agency. 
"(d) If no applicable interstate agreement or compact exists, the 
Secretary may coordinate coastal zone activities described in subsec-
tion (a) and may make grants to assist any group of two or more 
coastal States to create and maintain a temporary plsmning and 
coordinating entity to carry out such activities. The amount of such 
grants shall not exceed 90 percent of the cost of creating and 
maintaining such an entity. The Federal officials specified in subsec-
tion (c), or their designated representatives, shall participate on 
behalf of the Federal Government, upon the request of any such 
temporary planning and coordinating entity for a Federal-State 
consultation. 
"(e) A coastal State is eligible to receive financial assistance under 
this section if such State meets the criteria established under section 
808(g)(1).". 
SEC. 9. REVIEW OF PERFORMANCE. 
(a) Section 312 of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1458) is amended to read as follows: 
16 u s e 1454, 
1455. 
Agreements or 
compacts. 
16 u s e 1456a. 
REVIEW OF PERFORMANCE 
SEC. 312. (a) The Secretary shall conduct a continuing review of the 
performance of coastal states with respect to coastal management. 
Each review shall include a written evaluation with an assessment 
Written 
evaluation. 
94 STAT. 2066 
PUBLIC LAW 96-464—OCT. 17, 1980 
Ante, p. 2060. 
Meetings; 
comments. 
16 u s e 1455. 
Approval 
withdrawal. 
Notice; hearing. 
Regulations. 
16 u s e 1458 
note. 
Submittal to 
President and 
Congress. 
and detailed findings concerning the extent to which the state has 
implemented and enforced the program approved by the Secretary, 
addressed the coastal management needs identified in section 303(2) 
(A) through (I), and adhered to the terms of any grant, loan, or 
cooperative agreement funded under this title. 
"(b) For the purpose of making the evaluation of a coastal state's 
performance, the Secretary shall conduct public meetings and pro-
vide opportunity for oral and written comments by the public. Each 
such evaluation shall be prepared in report form and the Secretary 
shall make copies thereof avaolable to the public. 
"(c) The Secretary shall reduce any financial assistance extended to 
any coastal state under section 306 Osut not below 70 per centum of 
the amount that would otherwise be available to the coastal state 
under such section for any year), and withdraw any unexpended 
portion of such reduction, if the Secretary determines that the coastal 
state is failing to make significant improvement in achieving the 
coastal management objectives specified in section 303(2) (A) through 
(I). 
"(d) The Secretary shall withdraw approval of the management 
program of any coastal state, and shall withdraw any financial 
assistance available to that state under this title as well as any 
unexpended portion of such assistance, if the Secretary determines 
that the coasted state is failing to adhere to, is not justified in 
deviating from (1) the management program approved by the Secre-
tary, or (2) the terms, of any grant or cooperative agreement funded 
under section 306, and refuses to remedy the deviation. 
"(e) Management program approval and financied assistance may 
not be withdrawn under subsection (d), unless the Secretary gives the 
coastal state notice of the proposed withdrawal and an opportunity 
for a public hearing on the proposed action. Upon the withdrawal of 
management program approval under this subsection (d), the Secre-
tary shall provide the coastal state with written specifications of the 
actions that should be taken, or not engaged in, by the state in order 
that such withdrawal may be canceleaby the Secretary. 
"(f) The Secretary shall carry out research on, and offer technical 
assistance of the coastal states with respect to, those activities, 
projects, and other relevant matters evaluated under this section that 
the Secretary considers to offer promise toward improving coastal 
zone management." 
(b) Within two hundred and seventy days after the date of the 
enactment of this Act, the Secretary of Commerce shall issue such 
regulations as may be necessary or appropriate to administer section 
312 of the Coastm Zone Management Act of 1972 (as amended by 
subsection (a) of 
this section). 
SEC. 10. ANNUAL REPORT. 
Section 316 of 
the Coastal Zone Management Act (16 U.S.C. 1462) is 
amended— 
(1) by amending the section heading to read as follows: 
"COASTAL ZONE MANAGEMENT REPORT"; 
(2) by amending subsection (a)— 
(A) by amending the matter appearing before clause (1) to 
read as follows: (a) The Secretary shall consult with the 
Congress on a regular basis concerning the administration of 
this title and shall prepare and submit to the President for 
transmittal to the Congress a report summarizing the 
administration of this title during each period of two con-
secutive 
fiscal 
years. Each report, which shall be transmitted 
PUBLIC LAW 96-464—OCT. 17, 1980 
94 STAT. 2067 
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", 
(B) by striking out "or with respect to which grants have 
been terminated under this title" in clause (4), 
(C) by redesignating clauses (5) through (12) as clauses (6) 
through (13), respectively; and 
(D) by inserting immediately after clause (4) the following 
new clause: "(5) a summary of evaluation findings prepared 
in accordance with subsection (a) of section 312, and a 16 u s e 1458. 
Report to 
Congress. 
description of any sanctions imposed under subsections (c) 
and (d) of this section;"; and 
(3) by adding at the end thereof the following new subsection: Program review. 
"(cXl) The Secretary shall conduct a systematic review of Federal 
programs, other than this title, that affect coastal resources for 
purposes of identifjdng conflicts between the objectives and adminis-
tration of such programs and the purposes and policies of this title. 
Not later than 1 year after the date of the enactment of this 
subsection, the Secretary shall notify each Federal agency having 
appropriate jurisdiction of any conflict between its program and the 
purposes and policies of this title 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.". 
SEC. 11. ESTUARINE SANCTUARIES. 
Section 315 of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1461) is amended— 
(1) by striking out "BEACH ACCESS" in the section heading and 
inserting in lieu thereof "ISLAND PRESERVATION"; 
(2) by amending paragraph (2) to read as follows: 
"(2) acquiring lands to provide for the preservation of islands, 
or portions thereof"; and 
(3) in the last sentence by deleting "$2,000,000." and substitut-
ing in lieu thereof "$3,000,000."; and 
(4) by adding the following new sentence at the end of the 
section: 
"No grant for acquisition of land may be made under this section 
without the approval of the Governor of the State in which is located 
the land proposed to be acquired.". 
SEC. 12. CONGRESSIONAL DISAPPROVAL PROCEDURE. 
(a)(1) The Secretary, after promulgating a final rule, shall submit 
such final rule to the Congress for review in accordance with this 
section. Such final rule shall be delivered to each House of the 
Congress on the same date and to each House of the Congress while it 
is in session. Such final rule shall be referred to the Committee on 
Commerce, Science, and Transportation of the Senate and to the 
Committee on Merchant Marine and Fisheries of the House, 
respectively. 
(2) Any such final rule shall become effective in accordance with its 
terms unless, before the end of the period of sixty calendar days of 
continuous session, after the date such final rule is submitted to the 
Congress, both Houses of the Congress adopt a concurrent resolution 
disapproving such final rule. 
Final rules, 
submittal to 
Congress. 
16 use 1463a. 
94 STAT. 2068 
PUBLIC LAW 96-464—OCT. 17, 1980 
(b)(1) The provisions of this subsection are enacted by the 
Congress— 
(A) as an exercise in the rulemaking power of the House of 
Representatives and as such they are deemed a part of the Rules 
of the House of Representatives but applicable only with respect 
to the procedure to be followed in the House of Representatives 
in the case of concurrent resolutions which are subject to this 
section, and such provisions supersede other rules only to the 
extent that they are inconsistent with such other rules; and 
(B) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure of 
that House) at any time in the same manner and to the same 
extent as in the case of any other rule of that House. 
(2) Any concurrent resolution disapproving a final rule of the 
Secretary shall, upon introduction or receipt from the other House of 
the Congress, be referred immediately by the presiding officer of such 
House to the Committee on Commerce, Science, and Transportation 
of the Senate or to the Committee on Merchant Marine and Fisheries 
of the House, as the case may be. 
(3)(A) When a committee has reported a concurrent resolution, it 
shall be at any time thereafter in order (even though a previous 
motion to the same effect has been disagreed to) to move to proceed to 
the consideration of the concurrent resolution. The motion shall be 
highly privileged in the House of Representatives, and shall not be 
debatable. An amendment to such motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the 
motion was agreed to or disagreed to. 
(B) Debate in the House of Representatives on the concurrent 
resolution shall be limited to not more than ten hours which shall be 
divided equally between those favoring and those opposing such 
concurrent resolution and a motion further to limit debate shall not 
be debatable. In the House of Representatives, an amendment to, or 
motion to recommit, the concurrent resolution shall not be in order, 
and it shall not be in order to move to reconsider the vote by which 
such concurrent resolution was agreed to or disagreed to. 
(4) Appeals from the decision of the Chair relating to the applica-
tion of the rules of the House of Representatives to the procedure 
relating to a concurrent resolution shall be decided without debate. 
(5) Notwithstanding any other provision of this subsection, if a 
House has approved a concurrent resolution with respect to any final 
rule of the Secretary, then it shall not be in order to consider in such 
House any other concurrent resolution with respect to the same final 
rule. 
(c)(1) If a final rule of the Secretary is disapproved by the Congress 
under subsection (a)(2), then the Secretary may promulgate a final 
rule which relates to the same acts or practices as the final rule 
disapproved by the Congress in accordance with this subsection. Such 
final rule— 
(A) shall be based upon— 
(i) the rulemaking record of the final rule disapproved by 
the Congress; or 
(ii) such rulemaking record and the record established in 
supplemental rulemaking proceedings conducted by the Sec-
retary in accordance with section 553 of title 5, United States 
Code, in any case in which the Secretary determines that it 
is necessary to supplement the existing rulemaking record; 
and 
PUBLIC LAW 96-464—OCT. 17, 1980 
94 STAT. 2069 
(B) may contain such changes as the Secretary considers 
necessary or appropriate. 
(2) The Secretary after promulgating a final rule under this 
subsection, shall submit the final rule to the Congress in accordance 
with subsection (a)(1). 
(d) Congressional inaction on, or rejection of a concurrent resolu-
tion of disapproval under this section shall not be construed as an 
expression of approval of the final rule involved, and shall not be 
construed to create any presumption of validity with respect to such 
final rule. 
(e)(1) Any interested party may institute such actions in the 
appropriate district court of the United States, including actions for 
declaratory judgment, as may be appropriate to construe the consti-
tutionality of any provision of this section. The district court immedi-
ately shall certify all questions of the constitutionality of this section 
to the United States court of appeals for the circuit involved, which 
shall hear the matter sitting en banc. 
(2) Notwithstanding any other provision of law, any decision on a 
matter certified under paragraph (1) shall be reviewable by appeal 
directly to the Supreme Court of the United States. Such appeal shall 
be brought not later than twenty days after the decision of the court 
of appeals. 
(3) It shall be the duty of the court of appeals and of the Supreme 
Court of the United States to advance on the docket and to expedite to 
the greatest possible extent the disposition of any matter certified 
under paragraph (1). 
(f)(1) For purposes of this section— 
(A) continuity of session is broken only by an adjournment sine 
die; and 
(B) days on which the House of Representatives is not in 
session because of an adjournment of more than five days to a 
day certain are excluded in the computation of the periods 
specified in subsection (a)(2) and subsection (b). 
(2) If an adjournment sine die of the Congress occurs after the 
Secretary has submitted a final rule under subsection (a)(1), but such 
adjournment occurs— 
(A) before the end of the period specified in subsection (a)(2); 
and 
(B) before any action necessary to disapprove the final rule is 
completed under subsection (a)(2); 
then the Secretary shall be required to resubmit the final rule 
involved at the beginning of the next regular session of the Congress. 
The period specified in subsection (a)(2) shall begin on the date of such 
resubmission, 
(g) For purposes of this section: 
(1) The term "Secretary" means the Secretary of Commerce. 
(2) The term "concurrent resolution" means a concurrent 
resolution the matter after the resolving clause of which is as 
follows: "That the Congress disapproves the final rule pro-
mulgated by the Secretary of Commerce dealing with the matter 
of 
, which final rule was submitted to the Congress 
on 
.". (The blank spaces shall be filled appropriately.) 
(3) The term "rule" means any rule promulgated by the 
Secretary pursuant to the Coastal Zone Management Act (16 
U.S.C. 1450 et. seq.). 
(h) The provisions of this section shall take effect on the date of the 
enactment of this Act and shall cease to have any force or effect after 
September 30,1985. 
Provisions, 
constitution-
ality. 
Supreme Court 
review. 
Definitions. 
16 u s e 1451 
note. 
Effective date. 
16 u s e 1463a 
note. 
94 STAT. 2070 
PUBLIC LAW 96-464—OCT. 17, 1980 
16 u s e 1455. 
Ante, p. 2063. 
16 u s e 1456a. 
Ante, p. 2064. 
16 u s e 1461. 
16 u s e 1456a. 
16 u s e 1454, 
1455, ante, p. 
2064, 16 u s e 
1456c. 
SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 
Section 318 of 
the Coastal Zone Management Act of 1972 (16 U.S.C. 
1464) is amended— 
(1) by amending subsection (a) to read as follows: 
''SEC. 318. (a) There are authorized to be appropriated to the 
Secretary— 
''(1) such sums, not to exceed $48,000,000 for each of the fiscal 
years occurring during the period beginning October 1,1980, and 
ending September 30,1985, as maybe necessary for grants under 
section 306, to remain available until expended; 
"(2) such sums, not to exceed $20,000,000 for each of the fiscal 
years occurring during the period beginning October 1,1980, and 
ending September 30,1985, as may be necessary for grants under 
section 306A, to remain available until expended; 
"(3) such sums, not to exceed $75,000,000 for each of the fiscal 
years occurring during the period b^inning October 1,1980, and 
ending September 30,1988, as may be necessary for grants under 
section 308(b); 
"(4) such sums, not to exceed $3,000,000 for each of the fiscal 
years occurring during the period b^inning October 1,1980, and 
ending September 30,1985, as may be necessary for grants under 
section 309, to remain available until expended; 
"(5) such sums, not to exceed $9,000,000 for each of the fiscal 
years occurring during the period beginning October 1,1980, and 
ending September 30,1985, as may be necessary for grants under 
section 315 to remain available until expended; 
"(6) such sums, not to exceed $6,000,000 for each of the fiscal 
years occurring during the period beginning October 1,1980, and 
ending September 30,1985, as may be necessary for administra-
tive expenses incident to the administration of this title."; 
(2) b
j
T amending subsection (b) by striking after the i)hrase 
"provisions of section 308," all that follows and substituting in 
lieu thereof "other than subsection (b), of which not to exceed 
$150,000,000 shall be for purposes of subsections (cXD, (cX2) and 
(cX3) of such section."; and 
(3) by amending subsection (c) by striking out "section 305,306, 
309, or 310." and inserting in lieu thereof "section 306 or 309.". 
Approved October 17, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1012 accompanying H.R. 6979 (eomm. on Merchant Marine 
and Fisheries). 
SENATE REPORT No. 96-783 (Oomm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
June 3, considered and passed Senate. 
Sept. 30, H.R. 6979 considered and passed House; passage vacated and S. 2622, 
amended, passed in lieu. Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 43: 
Oct. 18, Presidential statement.