1 to the Coastal Zone Management Act of 1972 (16 3 (e) From the money paid to any State in a block grant 4 pursuant to this Act (1) a minumum of 40 percent shall be granted by the State to local coastal communities which shall in clude (A) local governments of coastal counties and coastal municipalities; and (B) unincorporated coastal areas identified by the State; and (2) a maximum of 60 percent shall be retained by 13 the State for purposes pursuant to subsection (c). 14 (f) Each State receiving block grants pursuant to this 15 Act shall determine the amount any one eligible local govern 16 ment or local coastal area shall receive based upon (1) the size of the local population; (2) the length of the local coastal shoreline; (3) the potential or actual use of the local commu nity area as a regional Outer Continental Shelf or coastal energy development staging area; and (4) the future demands for capital infrastructure development and maintenance necessitated by coastal energy development. 1 (g) Funds provided to a local government or local coast 2 al area pursuant to this Act shall be used for Outer Continen 3 tal Shelf and coastal development and management activities, 4 which may include but are not limited to the activities set 5 forth in subsections (a) and (d). 6 7 ASSESSMENT AND AUDIT SEC. 7. (a) Under regulations promulgated by the Secre 8 tary, any State receiving a block grant for a calendar year 9 under subsection (a) of section (5) must submit to the Secre10 tary an assessment of the opening and closing balance of the 11 trust fund established pursuant to subsection 6(c), and of the 12 receipt and the expenditure of funds provided by the block 13 grant and the income derived on the trust fund for each State 14 fiscal year in which the State received a block grant pursuant 15 to this Act within 120 days following the close of such State 16 fiscal year. 17 (b) Each assessment submitted by a State for a calendar 18 year under subsection (a) must contain an audit of all funds 19 provided by the block grant received by such State for such 20 fiscal year. Any audit contained in an assessment pursuant to 21 this subsection shall be conducted by an entity which is inde22 pendent of any agency or official administering or using 23 moneys provided by such block grant and shall be undertaken 24 in accordance with generally accepted accounting principles. 1 (c) Not later than 90 days after receiving a State's as2 sessment, the Secretary shall make a preliminary evaluation 3 of each assessment submitted pursuant to this subsection. If 4 the Secretary determines in the preliminary evaluation of a 5 State's assessment that all or any part of the block grant 6 funds have not been used as required by this Act, the Secre7 tary shall publish notice in the Federal Register of this find8 ing. Not later than 60 days after publication of such notice, 9 the State shall be provided an opportunity for a hearing. Not 10 later than 150 days after publication of such notice, the Sec11 retary shall make a final determination. If the final determi12 nation is that all or any part of the block grant funds were 13 not used as required by this Act, the Secretary shall provide 14 in writing to the State the reasons for the determination and 15 the amount of funds misused. The Secretary may withhold 16 from a State's future block grant an amount equal to that 17 determined to have been misused pursuant to this subsection. 18 (d) The decision of the Secretary pursuant to this sub19 section shall be subject to judicial review only by an action 20 brought by the State concerned, in the United States district 21 court for the district of that State. 22 (e) Any amount withheld pursuant to subsection (c), 23 upon completion of judicial review if applicable and if favora24 ble to such withholding, shall be returned to the United 25 States Treasury by the Secretary. 1 2 RULES AND REGULATIONS SEC. 8. The Secretary shall promulgate, pursuant to 3 section 553 of title 5, United States Code, after notice and 4 opportunity for participation by relevant Federal agencies, 5 State agencies, local governments, regional organizations, 6 and other interested parties, both public and private, such 7 rules and regulations as may be necessary to carry out the 8 provisions of the Act. To insure the intelligent and full utilization of marine resources. IN THE SENATE OF THE UNITED STATES JULY 29 (legislative day, JULY 12), 1982 Mr. WEICKER (for himself and Mr. TSONGAS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To insure the intelligent and full utilization of marine resources. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 4 SHORT TITLE SECTION 1. This Act may be cited as the "Marine Re 5 source Management and Research Act". 6 7 8 9 FINDINGS AND PURPOSE SEC. 2. (a) The Congress finds that— (1) marine resource management and research programs are important for the national economy, for |