[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2669 Reported in House (RH)]





                                                 Union Calendar No. 272

106th CONGRESS

  1st Session

                               H. R. 2669

                          [Report No. 106-485]

_______________________________________________________________________

                                 A BILL

 To reauthorize the Coastal Zone Management Act of 1972, and for other 
                               purposes.

_______________________________________________________________________

                           November 18, 1999

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 272
106th CONGRESS
  1st Session
                                H. R. 2669

                          [Report No. 106-485]

 To reauthorize the Coastal Zone Management Act of 1972, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 1999

  Mr. Saxton introduced the following bill; which was referred to the 
                         Committee on Resources

                           November 18, 1999

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on August 
                                2, 1999]

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Coastal Zone Management Act of 1972, and for other 
                               purposes.

    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 Community Conservation 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.).

 TITLE I--REAUTHORIZATION AND AMENDMENT OF COASTAL ZONE MANAGEMENT ACT 
                           OF 1972, GENERALLY

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) The preservation, restoration, enhancement, or 
        creation of coastal habitats.
            ``(5) The preparation of plans that promote coastal 
        community revitalization and the goal stated in section 303(1).
            ``(6) The provision of access to public beaches, other 
        coastal areas, and coastal waters for individuals with 
        disabilities.
            ``(7) The inventorying of existing points of public access 
        to public beaches, other coastal areas, and coastal waters, and 
        the posting, publication, and dissemination of informational 
        material identifying and displaying those points.''.
    (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; and
            ``(G) work, resources, or technical support necessary to 
        restore, enhance, or create coastal habitat or to prepare plans 
        that promote coastal community revitalization and the goal 
        stated in section 303(1).''.
    (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 the ratio of Federal-to-State 
contributions that applies under section 306(a).
    ``(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) 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(2)) 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 the Coastal Zone 
Protection Act of 1996 (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 AWARDS FOR EXCELLENCE 
              IN COASTAL ZONE MANAGEMENT.

    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 ``may 
        select annually for an award under this section''; and
            (3) by repealing subsection (e).

SEC. 106. 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. 107. 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 sections 306 and 309--
                    ``(A) $55,000,000 for fiscal year 2000;
                    ``(B) $56,000,000 for fiscal year 2001;
                    ``(C) $57,000,000 for fiscal year 2002;
                    ``(D) $58,000,000 for fiscal year 2003; and
                    ``(E) $59,000,000 for fiscal year 2004;
            ``(3) for grants under section 306A--
                    ``(A) $30,000,000 for fiscal year 2000;
                    ``(B) $32,500,000 for fiscal year 2001;
                    ``(C) $35,000,000 for fiscal year 2002;
                    ``(D) $40,000,000 for fiscal year 2003; and
                    ``(E) $45,000,000 for fiscal year 2004; and
            ``(4) for expenses incidental to the administration of this 
        title and for awards under section 314, $6,500,000 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) The amount of any grant, or portion of a grant, made to a 
State under any section of this title 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 title.
    ``(d) Federal funds allocated under this title may be used by 
grantees to purchase Federal products and services not otherwise 
available.
    ``(e) Of the amounts appropriated under subsection (a)(2), no less 
than 10 percent and no more than 15 percent may be used to carry out 
section 309.''.
    (c) Grants for Facilitating Access.--Section 318 (16 U.S.C. 1464) 
is further amended by adding at the end the following:
    ``(f) In addition to amounts otherwise authorized by this title, 
there are authorized to be appropriated to the Secretary $1,000,000 for 
each of fiscal years 2000, 2001, 2002, and 2003 for grants under 
section 306A for eligible coastal community conservation projects that 
would achieve either (or both) of the objectives set forth in 
paragraphs (6) and (7) of section 306A(b).''.
    (d) Restriction on Use of Amounts for Program, Administrative, or 
Overhead Costs.--Section 318 (16 U.S.C. 1464) is further amended by 
adding at the end the following:
    ``(g) Except for funds appropriated under paragraph (4) of 
subsection (a), amounts appropriated under this section shall be 
available only for grants to States and shall not be available for 
other program, administrative, or overhead costs of the National 
Oceanic and Atmospheric Administration or the Department of 
Commerce.''.
    (e) Barnegat Bay Task Force.--Section 318 (16 U.S.C. 1464) is 
further amended by adding at the end the following:
    ``(h) In addition to the amounts otherwise authorized by this 
title, there are authorized to be appropriated to the Secretary 
$500,000 for each of fiscal years 2000, 2001, 2002, 2003, and 2004 to 
provide financial assistance to the Barnegat Bay Personal Watercraft 
Task Force.''.

SEC. 108. 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(5) (16 U.S.C. 1453(5)) by striking the 
        semicolon and inserting a colon;
            (4) in section 306(d)(10)(A) (16 U.S.C. 1455(d)(10)(A)) by 
        inserting a comma after ``development'';
            (5) by striking ``coastal state'' each place it appears and 
        inserting ``coastal State'';
            (6) by striking ``coastal states'' each place it appears 
        and inserting ``coastal States'';
            (7) by striking ``coastal state's'' each place it appears 
        and inserting ``coastal State's'';
            (8) by striking the term ``state'' each place it appears in 
        reference to a State of the United States (other than in the 
        term ``coastal state'') and inserting ``State'';
            (9) by striking the term ``states'' each place it appears 
        in reference to States of the United States (other than in the 
        term ``coastal states'') and inserting ``States''; and
            (10) by striking the term ``state's'' each place it appears 
        in reference to a State of the United States (other than in the 
term ``coastal state's'') and inserting ``State's''.

SEC. 109. COASTAL ZONE MANAGEMENT OUTCOME INDICATORS.

    (a) Report.--Not later than 24 months after the first date amounts 
are available to carry out this section, 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. 1452(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 (16 U.S.C. 
1455(d)(6)). 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 first 
date amounts are available to carry out this section, 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.
    (c) Authorization of Appropriations.--To carry out this section 
there are authorized to be appropriated to the Secretary of Commerce 
$1,000,000 for each of fiscal years 2000 and 2001.

SEC. 110. PERSONAL WATERCRAFT STUDY.

    (a) Grants To Study Personal Watercraft Impacts on Coastal 
Habitat.--Subject to the availability of appropriations, the Secretary 
shall award grants to support peer-reviewed research to study the 
impacts of personal watercraft and other motorized recreational vessels 
on coastal and marine habitats within the boundaries of the coastal 
zone of any State (as identified in the management program of the State 
pursuant to section 306(d)(2)(A) of the Coastal Zone Management Act of 
1972 (16 U.S.C. 1455(d)(2)(A)). The Secretary shall consider geographic 
and habitat diversity when selecting research projects. The Secretary 
shall require that each study funded under this section consider the 
impacts of personal watercraft and other motorized recreational 
vessels, including noise and uncombusted fuel, on the following:
            (1) Wildlife, including feeding, wading, nesting, or 
        roosting birds, marine mammals, reptiles, amphibians, fish, and 
        aquatic invertebrates.
            (2) Aquatic vegetation.
            (3) Suspended sediments.
            (4) Shoreline erosion.
    (b) Report.--Not later than 48 months after the date of enactment 
of this Act, the Secretary shall submit a final report to the Committee 
on Resources of the House of Representatives that contains--
            (1) summaries of the research funded under this subsection; 
        and
            (2) summaries of public comments received subsequent to 
        publication of a draft report in the Federal Register.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $2,000,000 for each of fiscal years 2000, 
2001, and 2002 for grants under this section. The Secretary may use up 
to 10 percent of the funds appropriated to administer this section.
    (d) Definitions.--In this section:
            (1) Other motorized recreational vessel.--The term ``other 
        motorized recreational vessel'' means a motor vessel that is a 
        recreational vessel (as those terms are defined in section 2101 
        of title 46, United States Code), and that--
                    (A) uses an inboard motor powering a water jet pump 
                or caged propeller as its primary source of power; and
                    (B) is designed to be operated by a person sitting 
                within the vessel.
            (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) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 111. PROTECTION OF PRIVATE PROPERTY.

    The Coastal Zone Management Act of 1972 is amended by adding at the 
end the following:

``SEC. 320. PROTECTION OF PRIVATE PROPERTY.

    ``The Secretary--
            ``(1) shall not require a State, as a condition of any 
        grant of funds under this title or the approval of a State plan 
        under section 306, to take any action that would constitute a 
        use of non-Federal property for a public purpose without 
        payment of just compensation; and
            ``(2) shall not under this title take private property for 
        public use without payment of just compensation.''.

      TITLE II--AMENDMENTS RELATING TO NATIONAL ESTUARINE RESERVES

SEC. 201. POLICIES AND PURPOSES.

    (a) Declaration of Policy.--Section 303 (16 U.S.C. 1452) is amended 
by striking ``and'' after the semicolon in paragraph (5), by striking 
the period at the end of paragraph (6) and inserting a semicolon, 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; and
            ``(8) to encourage the development, application, and 
        transfer to local, State, and Federal resources managers of 
        innovative coastal and estuarine resources management 
        technologies and techniques that promote the long-term 
        conservation of coastal and estuarine resources.''.
    (b) Purpose.--
            (1) In general.--Section 315(a) of such Act (16 U.S.C. 
        1461(a)) is amended by adding at the end the following: ``The 
        purpose of each national estuarine reserve and of the System is 
        to improve the understanding, stewardship, and management of 
        coastal areas.''.
            (2) Definition.--Section 304(8) of such Act (16 U.S.C. 
        1453(8)) is amended to read as follows:
    ``(8) The term `national estuarine reserve' means an area that is a 
national estuarine reserve under section 315.''.

SEC. 202. AREAS THAT MAY BE DESIGNATED.

    Section 315(b) of such Act (16 U.S.C. 1461(b)) 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.''.

SEC. 203. DONATIONS.

    Section 315(e) of such Act (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 or contracts, with, 
        or make grants to, any nonprofit organization established to 
        benefit a national 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 a 
        national 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.''.

SEC. 204. EVALUATIONS.

    Section 315(f)(1) of such Act (16 U.S.C. 1461(f)(1)) is amended by 
inserting ``coordination with State programs established under section 
306,'' after ``including''.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    Section 318(a) of such Act (16 U.S.C. 1464(a)) is further amended 
by striking ``and'' after the semicolon at the end of paragraph (3), by 
striking the period at the end of paragraph (4) and inserting a 
semicolon, and by adding at the end the following:
            ``(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 grants for construction projects at national 
        estuarine reserves designated under section 315, $12,000,000 
        for each of fiscal years 2000, 2001, 2002, 2003, and 2004.''.