[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1110 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1110

   To reauthorize and amend the Coastal Zone Management Act of 1972.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 1999

  Mr. Saxton introduced the following bill; which was referred to the 
      Committee on Resources, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To reauthorize and amend the Coastal Zone Management Act of 1972.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coastal Enhancement Act of 1999''.

SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.).

SEC. 3. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Amendment of Coastal Zone Management Act of 1972.
Sec. 3. Table of contents.
       TITLE I--AMENDMENTS TO COASTAL ZONE MANAGEMENT ACT OF 1972

Sec. 101. Program development grants.
Sec. 102. Coastal community conservation grants.
Sec. 103. Coastal zone management fund.
Sec. 104. Amendments relating to coastal zone enhancement grants.
Sec. 105. Amendments relating to Walter B. Jones Excellence in Coastal 
                            Zone Management Awards.
Sec. 106. Reserves.
Sec. 107. Reports.
Sec. 108. Authorization of appropriations.
Sec. 109. Technical corrections.
Sec. 110. Coastal zone management outcome indicators.
     TITLE II--STATE RESTRICTIONS ON PERSONAL WATERCRAFT OPERATION

Sec. 201. Requirement to include enforceable policies in State 
                            management programs.
Sec. 202. Personal watercraft operation restrictions.
Sec. 203. Regulations.
Sec. 204. Definitions.
                 TITLE III--COASTAL NONPOINT POLLUTION

Sec. 301. Administrative grants.
Sec. 302. Coastal community conservation grant objective.
Sec. 303. Coastal zone enhancement grant objective.
Sec. 304. Review of performance.

       TITLE I--AMENDMENTS TO COASTAL ZONE MANAGEMENT ACT OF 1972

SEC. 101. PROGRAM DEVELOPMENT GRANTS.

    Section 305(a) (16 U.S.C. 1454(a)) is amended--
            (1) by striking ''1997, 1998, and 1999'' and inserting 
        ``2000, 2001, 2002, and 2003''; and
            (2) by adding at the end the following: ``No grant may be 
        made under this section after September 30, 2003.''.

SEC. 102. COASTAL COMMUNITY CONSERVATION GRANTS.

    (a) In General.--Section 306A (16 U.S.C. 1455a) is amended by 
striking so much as precedes subsection (b) and inserting the 
following:

                ``coastal community conservation grants

    ``Sec. 306A. (a)(1) The Secretary may make grants to any coastal 
state for the purpose of assisting local communities to carry out 
eligible coastal community conservation projects.
    ``(2) Grants under this section shall be allocated to coastal 
states in the same manner in which grants under section 306 are 
allocated under subsection (c) of that section.
    ``(3) A project shall be an eligible coastal community conservation 
project under this section if it--
            ``(A) is submitted to the Secretary by the State agency 
        designated by the Governor pursuant to section 306(d)(6);
            ``(B) would be carried out in the coastal zone;
            ``(C) would achieve at least one of the coastal zone 
        management objectives specified in section 303(2);
            ``(D) would achieve at least one of the objectives listed 
        in subsection (b); and
            ``(E) is designed and carried out in conjunction with a 
        qualified local entity.''.
    (b) Objectives.--Section 306A(b) (16 U.S.C. 1455a(b)) is amended--
            (1) by striking the matter preceding paragraph (1) and 
        inserting the following:
    ``(b) The objectives referred to in subsection (a)(3)(D) are the 
following:'';
            (2) in paragraph (2) by inserting ``or historic'' after 
        ``urban''; and
            (3) by striking paragraph (4) and inserting the following:
            ``(4) Preserve, restore, enhance, or create coastal 
        habitats.''.
    (c) Use.--Section 306A(c)(2) (16 U.S.C. 1455a(c)(2)) is amended by 
striking ``and'' after the semicolon at the end of subparagraph (D), 
striking the period at the end of subparagraph (E) and inserting a 
semicolon, and adding at the end the following:
            ``(F) purchase and distribution of cultch material;
            ``(G) work necessary to restore, enhance, or create coastal 
        habitat; and
            ``(H) comprehensive and project plans leading to 
        construction and other projects that are eligible coastal 
        community conservation projects under this section.''.
    (d) Miscellaneous Provisions.--Section 306A (16 U.S.C. 1455a) is 
amended by striking subsections (d), (e), and (f) and inserting the 
following:
    ``(d)(1) As a condition of providing a grant under this section to 
a coastal state, the Secretary shall require the coastal state to 
provide matching funds according to a 1-to-1 ratio of Federal-to-State 
contributions.
    ``(2) If the Secretary finds that a State or qualified local entity 
is not undertaking the actions it committed to under the terms of a 
grant under this section, the Secretary shall suspend the State or 
qualified local entity's eligibility for further funding under this 
section for at least 1 year.
    ``(e)(1) With the approval of the Secretary, a coastal state may 
allocate to any qualified local entity amounts received by the State as 
a grant under this section.
    ``(2) A coastal state shall ensure that amounts allocated by the 
State under paragraph (1) are used by the qualified local entity in 
furtherance of the State's approved management program.
    ``(f) The Secretary shall assist eligible coastal states and 
qualified local entities in those States in identifying and obtaining 
from other Federal agencies technical and financial assistance in 
achieving the objectives set forth in subsection (b).
    ``(g) Within 12 months after the date of enactment of the Coastal 
Enhancement Act of 1999, and consistent with the notice and 
participation requirements established under section 317, the Secretary 
shall promulgate regulations concerning coastal community conservation 
project grants under this section.
    ``(h) For purposes of this section:
            ``(1) The term `qualified local entity' means--
                    ``(A) any local government;
                    ``(B) any areawide agency referred to in section 
                204(a)(1) of the Demonstration Cities and Metropolitan 
                Development Act of 1966 (42 U.S.C. 3334(a)(1));
                    ``(C) any regional agency;
                    ``(D) any interstate agency; and
                    ``(E) any reserve established under section 315.
            ``(2) 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) is considered by the Secretary to be making 
                satisfactory progress in activities designed to result 
                in significant improvement in achieving the coastal 
                management objectives specified in section 302(2).
            ``(3) The term `urban or historic waterfront and port' 
        means any developed area that is densely populated or 
        historically significant and is being used for, or has been 
        used for, urban residential, recreational, commercial, 
        shipping, or industrial purposes.''.
    (e) Conforming Amendment.--Section 303(2) (16 U.S.C. 1452) is 
amended in the matter preceding subparagraph (A) by striking ``the 
states'' in the first line and inserting ``State and local entities''.

SEC. 103. COASTAL ZONE MANAGEMENT FUND.

    (a) In General.--Section 308 (16 U.S.C. 1456a) is amended--
            (1) in subsection (a) by striking paragraph (2) and 
        inserting the following:
    ``(2) Loan repayments made pursuant to this subsection--
            ``(A) shall be retained by the Secretary and deposited into 
        the Coastal Zone Management Fund established under subsection 
        (b); and
            ``(B) subject to amounts provided in appropriation Acts, 
        shall be available to the Secretary for purposes of this title 
        and transferred to the Operations, Research and Facilities 
        account to offset the costs of implementing this title.''; and
            (2) in subsection (b)--
                    (A) by striking paragraphs (2) and (3); and
                    (B) by striking ``(b)(1)'' and inserting ``(b)''.
    (b) Conforming Amendment.--Section 2(b)(2) of Public Law 104-150 
(110 Stat. 1380) is repealed.

SEC. 104. AMENDMENTS RELATING TO COASTAL ZONE ENHANCEMENT GRANTS.

    Section 309 (16 U.S.C. 1456b) is amended--
            (1) in subsection (a) by adding at the end the following:
            ``(10) The development of a coordinated process among State 
        agencies to regulate and issue permits for aquaculture 
        facilities in the coastal zone.
            ``(11) Addressing any issue that is identified by a coastal 
        state, in consultation with the Secretary and relevant 
        qualified local entities (as that term is defined in section 
        306A), to be a significant emerging coastal issue.''; and
            (2) by striking subsections (c) through (g) and inserting 
        the following:
    ``(c) As a condition of providing a grant under this section to a 
coastal state, the Secretary shall require the State to provide 
matching funds according to a 1-to-1 ratio of Federal-to-State 
contributions.
    ``(d) Grants under this section shall be allocated to coastal 
states in the same manner in which grants under section 306 are 
allocated under subsection (c) of that section.
    ``(e) If the Secretary finds that a coastal state is not taking 
actions committed to by the State under the terms of a grant to the 
State under this section, the Secretary shall suspend the eligibility 
of the State for further funding under this section for at least one 
year.''.

SEC. 105. AMENDMENTS RELATING TO WALTER B. JONES EXCELLENCE IN COASTAL 
              ZONE MANAGEMENT AWARDS.

    Section 314 (16 U.S.C. 1460) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a)(1) The Secretary may implement a program to promote 
excellence in coastal zone management by identifying and making awards 
acknowledging outstanding accomplishments in the field of coastal zone 
management. An award under this section shall be known as a `Walter B. 
Jones Award'.
    ``(2) Awards under this section may include, subject to the 
availability of appropriations--
            ``(A) cash awards of not more than $5,000 each;
            ``(B) research grants; and
            ``(C) public ceremonies to acknowledge accomplishments in 
        the field of coastal zone management.'';
            (2) in subsection (b) in the matter preceding paragraph 
        (1), by striking ``shall elect annually'' and inserting ``shall 
        select annually for an award under this section''; and
            (3) by repealing subsection (e).

SEC. 106. RESERVES.

    (a) Policy.--Section 303(2) (16 U.S.C. 1452(2)) is amended by 
striking ``and'' after the semicolon in paragraph (5), by striking the 
period at the end of paragraph (6) and inserting ``; and'', and by 
adding at the end the following:
            ``(7) to use Federal, State, and community partnerships 
        developed through the system established by section 315 to 
        improve the understanding, stewardship, and management of 
        coastal areas.''.
    (b) Clerical Amendment.--Section 304(8) (16 U.S.C. 1453(8)) is 
amended to read as follows:
            ``(8) The term `estuarine reserve' means an area that is a 
        national estuarine reserve under section 315.''.
    (c) Purpose.--Section 315(a) (16 U.S.C. 1459(a)) is amended by 
adding at the end the following: ``The purpose of each estuarine 
reserve and of the System is to improve the understanding, stewardship, 
and management of coastal areas.''.
    (d) Areas That May Be Designated.--Section 315(b)(2)(A) (16 U.S.C. 
1461(b)(2)(A)) is amended by adding at the end the following:
``An area designated under this section may include any part or all of 
an estuary and any island, transitional area, and upland in, adjoining, 
or adjacent to such estuary, that constitutes, to the extent feasible, 
a natural unit.''.
    (e) Donations.--Section 315(e) (16 U.S.C. 1461(e)) is amended by 
adding at the end the following:
    ``(4)(A) The Secretary may--
            ``(i) enter into cooperative agreements, financial 
        agreements, grants, contracts, or agreements with any nonprofit 
        organization established to benefit an estuarine reserve, 
        authorizing the organization to solicit donations to carry out 
        projects, other than general administration of the reserve or 
        the System, that are consistent with the purpose of the reserve 
        and the System; and
            ``(ii) accept donations of funds and services for use in 
        carrying out projects, other than general administration of an 
        estuarine reserve or the System, that are consistent with the 
        purpose of the reserve and the System.
    ``(B) Donations accepted under this paragraph shall be considered 
as a gift or bequest to or for the use of the United States for 
carrying out this section.''.
    (f) Evaluations.--Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is 
amended by inserting ``coordination with State programs established 
under section 306,'' after ``including''.

SEC. 107. REPORTS.

    Section 316 (16 U.S.C. 1462) is amended--
            (1) by striking ``to the President for transmittal''; and
            (2) by striking clause (10) and redesignating clauses (11), 
        (12), and (13) in order as clauses (10), (11), and (12).

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 318(a) (16 U.S.C. 1464(a)) is amended by 
striking ``Sec. 318'' and all that follows through subsection (a) and 
inserting the following:
    ``Sec. 318. (a) There are authorized to be appropriated to the 
Secretary, to remain available until expended--
            ``(1) for grants under section 305--
                    ``(A) $400,000 for fiscal year 2000; and
                    ``(B) $200,000 for each of fiscal years 2001, 2002, 
                and 2003;
            ``(2) for grants under section 306 $50,000,000 for each of 
        fiscal years 2000, 2001, 2002, 2003, and 2004;
            ``(3) for grants under section 306A--
                    ``(A) $20,000,000 for fiscal year 2000;
                    ``(B) $22,500,000 for fiscal year 2001;
                    ``(C) $25,000,000 for fiscal year 2002;
                    ``(D) $30,000,000 for fiscal year 2003; and
                    ``(E) $35,000,000 for fiscal year 2004;
            ``(4) for grants under section 309, $5,000,000 for each of 
        fiscal years 2000, 2001, 2002, 2003, and 2004;
            ``(5) for grants under section 315--
                    ``(A) $7,000,000 for fiscal year 2000;
                    ``(B) $8,000,000 for fiscal year 2001;
                    ``(C) $9,000,000 for fiscal year 2002;
                    ``(D) $10,000,000 for fiscal year 2003; and
                    ``(E) $11,000,000 for fiscal year 2004; and
            ``(6) for expenses incidental to the administration of this 
        title and for awards under section 314, $5,500,000 for each of 
        fiscal years 2000, 2001, 2002, 2003, and 2004; and
            ``(7) for grants to fund construction projects at reserves 
        established under section 315, $12,000,000 for each of fiscal 
        years 2000, 2001, 2002, 2003, and 2004.''.
    (b) Reversion of Grants; Purchases From Government.--Section 318 
(16 U.S.C. 1464) is amended by striking subsection (c) and inserting 
the following:
    ``(c) Reversion of Grants.--The amount of any grant, or portion of 
a grant, made to a State under any section of this Act that is not 
obligated by the State within 3 years after the date it is first 
authorized to be obligated by the State shall revert to the Secretary. 
The Secretary shall add such reverted amount to the funds available for 
grants to States under this Act.
    ``(d) Purchases From Federal Government.--Federal funds allocated 
under this title may be used by grantees to purchase Federal products 
and services not otherwise available.''.

SEC. 109. TECHNICAL CORRECTIONS.

    The Coastal Zone Management Act of 1972 is amended--
            (1) in section 302(f) (16 U.S.C. 1451(f)) by striking the 
        semicolon at the end and inserting a period;
            (2) in section 303(2) (16 U.S.C. 1452(2))--
                    (A) in subparagraph (B) by striking the period at 
                the end and inserting a comma; and
                    (B) in subparagraph (J) by striking ``agencies and 
                State and wildlife'' and inserting ``and wildlife 
                management'';
            (3) in section 304(3) (16 U.S.C. 1453(3)) by striking the 
        semicolon and inserting a colon; and
            (4) in section 306(d)(10)(A) (16 U.S.C. 1455(d)(10)(A)) by 
        inserting a comma after ``development''.

SEC. 110. COASTAL ZONE MANAGEMENT OUTCOME INDICATORS.

    (a) Report.--Not later than 24 months after the date of the 
enactment of this Act, the Secretary of Commerce shall submit a report 
to the Committee on Resources of the House of Representatives that 
contains recommendations for a common set of measurable outcome 
indicators that would provide a mechanism to evaluate the effectiveness 
of State coastal zone management programs in the achievement of the 
coastal management objectives specified in section 303(2)(A) through 
(J) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451(2)(A)-
(J)). In preparing the report the Secretary shall consult with and 
provide a copy of the draft report to the Governors of coastal States 
or the heads of State agencies designated by such Governors pursuant to 
section 306(d)(6) of that Act. The Secretary shall include in the final 
report any State comments on the draft report.
    (b) Draft Legislation.--Not later than 48 months after the date of 
the enactment of this Act, the Secretary of Commerce shall submit to 
the Committee on Resources of the House of Representatives draft 
legislation that would authorize a national coastal zone management 
outcome monitoring and performance evaluation system.

     TITLE II--STATE RESTRICTIONS ON PERSONAL WATERCRAFT OPERATION

SEC. 201. REQUIREMENT TO INCLUDE ENFORCEABLE POLICIES IN STATE 
              MANAGEMENT PROGRAMS.

    (a) In General.--In order to be eligible for assistance under 
sections 306 and 309 of the Coastal Zone Management Act of 1972, as 
amended by this Act, a coastal state (as that term is used in those 
sections) must have enforceable policies and other provisions required 
under section 202 of this Act regarding operation of personal 
watercraft in coastal waters of the State.
    (b) Compliance--A coastal state that has a program that is 
otherwise approved by the Secretary in accordance with section 306(d) 
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(d)) may 
comply with subsection (a) of this section, by amending or modifying 
the program (in accordance with section 306(e) of that Act) to add 
enforceable policies and other provisions required by that paragraph.
    (c) Application.--Subsection (a) of this section shall apply on and 
after the expiration of the 2-year period beginning on the date of the 
enactment of this Act.
    (d) Use of Grants.--A State may use any amount received by the 
State as a grant under section 306 or 309 of the Coastal Zone 
Management Act of 1972 to comply with subsection (a).

SEC. 202. PERSONAL WATERCRAFT OPERATION RESTRICTIONS.

    (a) In General.--Enforceable policies required under this section 
shall prohibit a person from operating a personal watercraft--
            (1) in excess of no-wake speed in any area designated as a 
        sensitive area in the management program of the State under the 
        Coastal Zone Management Act of 1972; and
            (2) in waters less than 2 feet in depth, except that this 
        subparagraph shall not apply to operation in a designated 
        right-of-way or navigation channel.
    (b) Designation of Sensitive Areas.--
            (1) Designation by state.--In addition to the enforceable 
        policies required under subsection (a), the management program 
        of a coastal state shall include provisions that designate 
        sensitive areas of the State for purposes of subsection (a)(1) 
        in accordance with criteria under paragraph (2) of this 
        subsection.
            (2) Criteria for designation.--The Secretary shall issue 
        criteria for designating sensitive areas under paragraph (1). 
        The criteria shall include the following:
                    (A) The presence of unique or valuable aquatic 
                habitat and communities.
                    (B) The presence of aquatic vegetation, bird 
                nesting grounds, marine mammals.
                    (C) The importance of an area for other 
                recreational and commercial users.

SEC. 203. REGULATIONS.

    The Secretary shall issue regulations implementing this title 
before the expiration of the 2-year period beginning on the date of the 
enactment of this Act.

SEC. 204. STATE AUTHORITY PRESERVED.

    Nothing in this title limits the authority of a State to establish 
limitations or requirements on the operation of personal watercraft 
that are more restrictive than the enforceable policies and other 
provisions required by this title.

SEC. 205. DEFINITIONS.

    In this title:
            (1) Terms defined in coastal zone management act of 1972.--
        Each of the terms ``coastal state'', ``coastal waters'', 
        ``Secretary'' has the meaning given that term under section 304 
        of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
            (2) Personal watercraft.--The term ``personal watercraft'' 
        means a motor vessel that--
                    (A) uses an inboard motor powering a water jet pump 
                or a caged propeller as its primary source of motive 
                power; and
                    (B) is designed to be operated by a person standing 
                on, kneeling on, or sitting astride the vessel.
            (3) No-wake speed.--The term ``no-wake speed'' means the 
        speed at which a personal watercraft moves through the water 
        while maintaining minimum headway and producing the smallest 
        wake possible.

                 TITLE III--COASTAL NONPOINT POLLUTION

SEC. 301. ADMINISTRATIVE GRANTS.

    (a) In General.--Section 306(a) (16 U.S.C. 1455(a)) is amended by 
inserting ``including developing and implementing coastal nonpoint 
pollution control program components,'' after ``program,''.
    (b) Allocation.--Section 306(c) (16 U.S.C. 1455(c)) is amended--
            (1) by inserting ``(1)'' before ``Grants''; and
            (2) by adding at the end the following:
    ``(2) Beginning with amounts available for fiscal year 2000, at 
least 10 percent, and not more than 20 percent, of the amounts 
appropriated for a fiscal year to implement sections 306 and 306A shall 
be retained by the Secretary and allocated pursuant to subsection 
(c)(1) for use in implementing State coastal nonpoint pollution control 
programs.''.

SEC. 302. COASTAL COMMUNITY CONSERVATION GRANT OBJECTIVE.

    Section 306A(b) (16 U.S.C. 1455a(b)) is further amended by adding 
at the end the following:
            ``(5) Implement elements of coastal nonpoint pollution 
        control programs prepared by a coastal state under Federal 
        programs.''.

SEC. 303. COASTAL ZONE ENHANCEMENT GRANT OBJECTIVE.

    Section 309(a) (16 U.S.C. 1456b(a)) is further amended by adding at 
the end the following:
            ``(12) Development and enhancement of coastal nonpoint 
        pollution control program components, including the 
        satisfaction of conditions placed on such programs as part of 
        the Secretary's approval of the programs.''.

SEC. 304. REVIEW OF PERFORMANCE.

    Section 312(a) (16 U.S.C. 1458(a)) is amended by inserting 
``including the coastal nonpoint pollution control program,'' after 
``approved by the Secretary,''.
                                 <all>