[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1534 Introduced in Senate (IS)]


106th CONGRESS
  1st Session
                                S. 1534

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

 Ms. Snowe (for herself and Mr. McCain) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Coastal Zone Management Act, 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 Zone Management Act of 
1999''.

SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT.

    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. FINDINGS.

    Section 302 (16 U.S.C. 1451) is amended--
            (1) by redesignating paragraphs (a) through (m) as 
        paragraphs (1) through (13);
            (2) by inserting ``ports,'' in paragraph (3) (as so 
        redesignated) after ``fossil fuels,'';
            (3) by inserting ``including coastal waters and wetlands,'' 
        in paragraph (4) (as so redesignated) after ``zone,'';
            (4) by striking ``therein,'' in paragraph (4) (as so 
        redesignated) and inserting ``dependent on that habitat,'';
            (5) by striking ``well-being'' in paragraph (5) (as so 
        redesignated) and inserting ``quality of life'';
            (6) by striking paragraph (11) (as so redesignated) and 
        inserting the following:
            ``(11) Land and water uses in the coastal zone and coastal 
        watersheds may significantly affect the quality of coastal 
        waters and habitats, and efforts to control coastal water 
        pollution from activities in these areas must be improved;''; 
        and
            (7) by adding at the end thereof the following:
            ``(14) There is a need to enhance cooperation and 
        coordination among States and local communities, to encourage 
        local community-based solutions that address the impacts and 
        pressures on coastal resources and on public facilities and 
        public service caused by continued coastal demands, and to 
        increase State and local capacity to identify public 
        infrastructure and open space needs and develop and implement 
        plans which provide for sustainable growth, resource protection 
        and community revitalization.''.

SEC. 4. POLICY.

    Section 303 (16 U.S.C. 1452) is amended--
            (1) by striking ``the States'' in paragraph (2) and 
        inserting ``State and local governments'';
            (2) by striking ``waters,'' each place it appears in 
        paragraph (2)(C) and inserting ``waters and habitats,'';
            (3) by striking ``agencies and State and wildlife agencies; 
        and'' in paragraph (2)(J) and inserting ``and wildlife 
        management; and'';
            (4) by inserting ``other countries,'' after ``agencies,'' 
        in paragraph (5);
            (5) by striking ``and'' at the end of paragraph (5);
            (6) by striking ``zone.'' in paragraph (6) and inserting 
        ``zone;''; and
            (7) by adding at the end thereof the following:
            ``(7) to create and use a National Estuarine Research 
        Reserve System as a Federal, State, and community partnership 
        to support and enhance coastal management and stewardship; and
            ``(8) to encourage the development, application, and 
        transfer of innovative coastal and estuarine environmental 
        technologies and techniques for the long-term conservation of 
        coastal ecosystems.''.

SEC. 5. CHANGES IN DEFINITIONS.

    Section 304 (16 U.S.C. 1453) is amended--
            (1) by striking ``and the Trust Territories of the Pacific 
        Islands,'' in paragraph (4);
            (2) by striking paragraph (8) and inserting the following:
            ``(8) The term `estuarine reserve' means a coastal 
        protected area which may include any part or all of an estuary 
        and any island, transitional area, and upland in, adjoining, or 
        adjacent to the estuary, and which constitutes to the extent 
        feasible a natural unit, established to provide long-term 
        opportunities for conducting scientific studies and educational 
        and training programs that improve the understanding, 
        stewardship, and management of estuaries.''; and
            (3) by adding at the end thereof the following:
            ``(19) The term `coastal nonpoint pollution control plan' 
        means a plan submitted by a coastal state to the Secretary 
        under section 306(d)(16).''.

SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

    Section 305(a) (16 U.S.C. 1454(a)) is amended by striking ``1997, 
1998, and 1999,'' and inserting ``2000, 2001, 2002, 2003, and 2004,''.

SEC. 7. REAUTHORIZATION OF ADMINISTRATIVE GRANTS.

    (a) Purposes.--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) Acquisition Criteria.--Section 306(d)(10)(B) (16 U.S.C. 
1455(d)(10)(B)) is amended by striking ``less than fee simple'' and 
inserting ``other''.

SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM.

    Section 306A (16 U.S.C. 1455a) is amended--
            (1) by adding at the end of subsection (a) the following:
            ``(3) 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) by inserting ``or other important coastal habitats'' in 
        subsection (b)(1) after ``306(d)(9)'';
            (3) by inserting ``or historic'' in subsection (b)(2) after 
        ``urban'';
            (4) by adding at the end of subsection (b) the following:
            ``(5) The coordination and implementation of approved 
        coastal nonpoint pollution control plans.
            ``(6) The preservation, restoration, enhancement or 
        creation of coastal habitats.'';
            (5) by striking ``and'' after the semicolon in subsection 
        (c)(2)(D);
            (6) by striking ``section.'' in subsection (c)(2)(E) and 
        inserting ``section ;'';
            (7) by adding at the end of subsection (c)(2) the 
        following:
                    ``(F) work, resources, or technical support 
                necessary to preserve, restore, enhance, or create 
                coastal habitats; and
                    ``(G) the coordination and implementation of 
                approved coastal nonpoint pollution control plans.''; 
                and
            (8) by striking subsections (d), (e), and (f) and inserting 
        after subsection (c) the following:
    ``(d) Source of Federal Grants; State Matching Contributions.--
            ``(1) In general.--If a coastal state chooses to fund a 
        project under this section, then--
                    ``(A) it shall submit to the Secretary a combined 
                application for grants under this section and section 
                306;
                    ``(B) it shall match the combined amount of such 
                grants in the ratio required by section 306(a) for 
                grants under that section; and
                    ``(C) the Federal funding for the project shall be 
                a portion of that State's annual allocation under 
                section 306(a).
            ``(2) Use of funds.--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.
    ``(e) Allocation of Grants to Qualified Local Entity.--With the 
approval of the Secretary, the eligible coastal State may allocate to a 
qualified local entity 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 management program.
    ``(f) Assistance.--The Secretary shall assist eligible coastal 
States in identifying and obtaining from other Federal agencies 
technical and financial assistance in achieving the objectives set 
forth in subsection (b).''.

SEC. 9. COASTAL ZONE MANAGEMENT FUND.

    (a) Treatment of Loan Repayments.--Section 308(a)(2) (16 U.S.C. 
1456a(a)(2)) is amended to read as follows:
            ``(2) Loan repayments made under 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 Appropriations 
                Acts, shall be available to the Secretary for purposes 
                of this title and transferred to the Operations, 
                Research, and Facilities account of the National 
                Oceanic and Atmospheric Administration to offset the 
                costs of implementing this title.''.
    (b) Use of Amounts in Fund.--Section 308(b) (16 U.S.C. 1456a(b)) is 
amended by striking paragraphs (2) and (3) and inserting the following:
            ``(2) Subject to Appropriation Acts, amounts in the Fund 
        shall be available to the Secretary to carry out the provisions 
        of this Act.''.

SEC. 10. COASTAL ZONE ENHANCEMENT GRANTS.

    Section 309 (16 U.S.C. 1456b) is amended--
            (1) by striking subsection (a)(1) and inserting the 
        following:
            ``(1) Protection, restoration, enhancement, or creation of 
        coastal habitats, including wetlands, coral reefs, marshes, and 
        barrier islands.'';
            (2) by inserting ``and removal'' after ``entry'' in 
        subsection (a)(4);
            (3) by striking ``on various individual uses or activities 
        on resources, such as coastal wetlands and fishery resources.'' 
        in subsection (a)(5) and inserting ``of various individual uses 
        or activities on coastal waters, habitats, and resources, 
        including sources of polluted runoff.'';
            (4) by adding at the end of subsection (a) the following:
            ``(10) Development and enhancement of coastal nonpoint 
        pollution control plan components, including the satisfaction 
        of conditions placed on such programs as part of the 
        Secretary's approval of the programs.
            ``(11) Significant emerging coastal issues as identified by 
        coastal states, in consultation with the Secretary and 
        qualified local entities.'';
            (5) by striking ``proposals, taking into account the 
        criteria established by the Secretary under subsection (d).'' 
        in subsection (c) and inserting ``proposals.'';
            (6) by striking subsection (d) and redesignating subsection 
        (e) as subsection (d); and
            (7) by striking subsection (f) and redesignating subsection 
        (g) as subsection (e).

SEC. 11. COASTAL COMMUNITY PROGRAM.

    The Act is amended by inserting after section 309 the following:

``SEC. 309A. COASTAL COMMUNITY PROGRAM.

    ``(a) Coastal Community Grants.--The Secretary may make grants to 
any coastal state that is eligible under subsection (b)--
            ``(1) to assist coastal communities in assessing and 
        managing growth, public infrastructure, and open space needs in 
        order to provide for sustainable growth, resource protection 
        and community revitalization;
            ``(2) to provide management-oriented research and technical 
        assistance in developing and implementing community-based 
        growth management and resource protection strategies in 
        qualified local entities;
            ``(3) to fund demonstration projects which have high 
        potential for improving coastal zone management at the local 
        level; and
            ``(4) to assist in the adoption of plans, strategies, 
        policies, or procedures to support local community-based 
        environmentally-protective solutions to the impacts and 
        pressures on coastal uses and resources caused by development 
        and sprawl that will--
                    ``(A) revitalize previously developed areas;
                    ``(B) undertake conservation activities and 
                projects in undeveloped and environmentally sensitive 
                areas;
                    ``(C) emphasize water-dependent uses; and
                    ``(D) protect coastal waters and habitats.
    ``(b) Eligibility.--To be eligible for a grant under this section 
for a fiscal year, a coastal state shall--
            ``(1) have a management program approved under section 306; 
        and
            ``(2) in the judgment of the Secretary, be making 
        satisfactory progress in activities designed to result in 
        significant improvement in achieving the coastal management 
        objectives specified in section 303(2) (A) through (K).
    ``(c) Source of Federal Grants; State Matching Contributions.--If a 
coastal state chooses to fund a project under this section, then--
            ``(1) it shall submit to the Secretary a combined 
        application for grants under this section and section 309;
            ``(2) it shall match the amount of the grant under this 
        section on the basis of a total contribution of section 306, 
        306A, and this section so that, in aggregate, the match is 1:1; 
        and
            ``(3) the Federal funding for the project shall be a 
        portion of that State's annual allocation under section 309.
    ``(d) Allocation of Grants to Qualified Local Entity.--
            ``(1) In general.--With the approval of the Secretary, the 
        eligible coastal State may allocate to a qualified local entity 
        amounts received by the State under this section.
            ``(2) Assurances.--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, specifically furtherance of the 
        coastal management objectives specified in section 303(2).
    ``(e) Assistance.--The Secretary shall assist eligible coastal 
States and qualified local entities in identifying and obtaining from 
other Federal agencies technical and financial assistance in achieving 
the objectives set forth in subsection (a).''.

SEC. 12. TECHNICAL ASSISTANCE.

    Section 310(b) (16 U.S.C. 1456c(b)) is amended by adding at the end 
thereof the following:
            ``(4) The Secretary may conduct a program to develop and 
        apply innovative coastal and estuarine environmental technology 
        and methodology through a cooperative program. The Secretary 
        may make extramural grants in carrying out the purpose of this 
        subsection.''.

SEC. 13. PERFORMANCE REVIEW.

    Section 312(a) (16 U.S.C. 1458(a)) is amended by adding 
``coordinated with National Estuarine Research Reserves in the State'' 
after ``303(2) (A) through (K)''.

SEC. 14. WALTER B. JONES AWARDS.

    Section 314 (16 U.S.C. 1461) is amended--
            (1) by striking ``shall, using sums in the Coastal Zone 
        Management Fund established under section 308'' in subsection 
        (a) and inserting ``may, using sums available under this Act'';
            (2) by striking ``field.'' in subsection (a) and inserting 
        the following: ``field of coastal zone management. These 
        awards, to be known as the `Walter B. Jones Awards', may 
        include--
            ``(1) cash awards in an amount not to exceed $5,000 each;
            ``(2) research grants; and
            ``(3) public ceremonies to acknowledge such awards.'';
            (3) by striking ``shall--'' in subsection (b) and inserting 
        ``may select annually if funds are available under subsection 
        (a)--''; and
            (4) by striking subsection (e).

SEC. 15. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.

    (a) Section 315(a) (16 U.S.C. 1461(a)) is amended by striking 
``consists of--'' and inserting ``is a network of areas protected by 
Federal, State, and community partnerships which promotes informed 
management of the Nation's estuarine and coastal areas through 
interconnected programs in resource stewardship, education and 
training, and scientific understanding consisting of--''.
    (b) Section 315(b)(2)(C) (16 U.S.C. 1461(b)(2)(C)) is amended by 
striking ``public education and interpretation; and''; and inserting 
``education, interpretation, training, and demonstration projects; 
and''.
    (c) Section 315(c) (16 U.S.C. 1461(c)) is amended--
            (1) by striking ``Research'' in the subsection caption and 
        inserting ``Research, Education, and Resource Stewardship'';
            (2) by striking ``conduct of research'' and inserting 
        ``conduct of research, education, and resource stewardship'';
            (3) by striking ``coordinated research'' in paragraph (1) 
        and inserting ``coordinated research, education, and resource 
        stewardship'';
            (4) by striking ``research'' before ``principles'' in 
        paragraph (2);
            (5) by striking ``research programs'' in paragraph (2) and 
        inserting ``research, education, and resource stewardship 
        programs'';
            (6) by striking ``research'' before ``methodologies'' in 
        paragraph (3);
            (7) by striking ``data,'' in paragraph (3) and inserting 
        ``information,'';
            (8) by striking ``research'' before ``results'' in 
        paragraph (3);
            (9) by striking ``research purposes;'' in paragraph (3) and 
        inserting ``research, education, and resource stewardship 
        purposes;'';
            (10) by striking ``research efforts'' in paragraph (4) and 
        inserting ``research, education, and resource stewardship 
        efforts'';
            (11) by striking ``research'' in paragraph (5) and 
        inserting ``research, education, and resource stewardship''; 
        and
            (12) by striking ``research'' in the last sentence.
    (d) Section 315(d) (16 U.S.C. 1461(d)) is amended--
            (1) by striking ``Estuarine Research.--'' in the subsection 
        caption and inserting ``Estuarine Research, Education, and 
        Resource Stewardship.--'';
            (2) by striking ``research purposes'' and inserting 
        ``research, education, and resource stewardship purposes'';
            (3) by striking paragraph (1) and inserting the following:
            ``(1) giving reasonable priority to research, education, 
        and stewardship activities that use the System in conducting or 
        supporting activities relating to estuaries; and'';
            (4) by striking ``research.'' in paragraph (2) and 
        inserting ``research, education, and resource stewardship 
        activities.''; and
            (5) by adding at the end thereof the following:
            ``(3) establishing partnerships with other Federal and 
        State estuarine management programs to coordinate and 
        collaborate on estuarine research.''.
    (e) Section 315(e) (16 U.S.C. 1461(e)) is amended--
            (1) by striking ``reserve,'' in paragraph (1)(A)(i) and 
        inserting ``reserve; and'';
            (2) by striking ``and constructing appropriate reserve 
        facilities, or'' in paragraph (1)(A)(ii) and inserting 
        ``including resource stewardship activities and constructing 
        reserve facilities.'';
            (3) by striking paragraph (1)(A)(iii);
            (4) by striking paragraph (1)(B) and inserting the 
        following:
                    ``(B) to any coastal State or public or private 
                person for purposes of--
                            ``(i) supporting research and monitoring 
                        associated with a national estuarine reserve 
                        that are consistent with the research 
                        guidelines developed under subsection (c); or
                            ``(ii) conducting educational, 
                        interpretive, or training activities for a 
                        national estuarine reserve that are consistent 
                        with the education guidelines developed under 
                        subsection (c).'';
            (5) by striking ``therein or $5,000,000, whichever amount 
        is less.'' in paragraph (3)(A) and inserting ``therein. Non-
        Federal costs associated with the purchase of any lands and 
        waters, or interests therein, which are incorporated into the 
        boundaries of a reserve up to 5 years after the costs are 
        incurred, may be used to match the Federal share.'';
            (6) by striking ``and (iii)'' in paragraph (3)(B);
            (7) by striking ``paragraph (1)(A)(iii)'' in paragraph 
        (3)(B) and inserting ``paragraph (1)(B)'';
            (8) by striking ``entire System.'' in paragraph (3)(B) and 
        inserting ``System as a whole.''; and
            (9) by adding at the end thereof the following:
            ``(4) The Secretary may--
                    ``(A) enter into cooperative agreements, financial 
                agreements, grants, contracts, or other agreements with 
                any nonprofit organization, authorizing the 
                organization to solicit donations to carry out the 
                purposes and policies of this section, other than 
                general administration of reserves or the System and 
                which are consistent with the purposes and policies of 
                this section; and
                    ``(B) accept donations of funds and services for 
                use in carrying out the purposes and policies of this 
                section, other than general administration of reserves 
                or the System and which are consistent with the 
                purposes and policies of this section.
        Donations accepted under this section shall be considered as a 
        gift or bequest to or for the use of the United States for the 
        purpose of carrying out this section.''.
    (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is amended by 
inserting ``coordination with other State programs established under 
sections 306 and 309A,'' after ``including''.

SEC. 16. COASTAL ZONE MANAGEMENT REPORTS.

    Section 316 (16 U.S.C. 1462) is amended--
            (1) by striking ``to the President for transmittal'' in 
        subsection (a);
            (2) by striking ``zone and an evaluation of the 
        effectiveness of financial assistance under section 308 in 
        dealing with such consequences;'' and insert ``zone;'' in the 
        provision designated as (10) in subsection (a);
            (3) by adding ``education,'' after the ``studies,'' in the 
        provision designated as (12) in subsection (a);
            (4) by striking ``Secretary'' in the first sentence of 
        subsection (c)(1) and inserting ``Secretary, in consultation 
        with coastal States, and with the participation of affected 
        Federal agencies,'';
            (5) by striking the second sentence of subsection (c)(1) 
        and inserting the following: ``The Secretary, in conducting 
        such a review, shall coordinate with, and obtain the views of, 
        appropriate Federal agencies.'';
            (6) by striking ``shall promptly'' in subsection (c)(2) and 
        inserting ``shall, within 4 years after the date of enactment 
        of the Coastal Zone Management Act of 1999,''; and
            (7) by adding at the end of subsection (c)(2) the 
        following: ``If sufficient funds and resources are not 
        available to conduct such a review, the Secretary shall so 
        notify the Congress.''.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    Section 318 (16 U.S.C. 1464) is amended--
            (1) by striking paragraphs (1) and (2) of subsection (a) 
        and inserting the following:
            ``(1) for grants under sections 306 and 306A,--
                    ``(A) $55,500,000 for fiscal year 2000;
                    ``(B) $59,000,000 for fiscal year 2001;
                    ``(C) $62,500,000 for fiscal year 2002;
                    ``(D) $66,000,000 for fiscal year 2003; and
                    ``(E) $69,500,000 for fiscal year 2004;
            ``(2) for grants under sections 309 and 309A,--
                    ``(A) $20,000,000 for fiscal year 2000;
                    ``(B) $21,000,000 for fiscal year 2001;
                    ``(C) $22,000,000 for fiscal year 2002;
                    ``(D) $23,000,000 for fiscal year 2003; and
                    ``(E) $24,000,000 for fiscal year 2004;
            ``(3) for grants under section 315,--
                    ``(A) $7,000,000 for fiscal year 2000;
                    ``(B) $7,500,000 for fiscal year 2001;
                    ``(C) $8,000,000 for fiscal year 2002;
                    ``(D) $8,500,000 for fiscal year 2003; and
                    ``(E) $9,000,000 for fiscal year 2004;
            ``(4) for grants to fund construction projects at estuarine 
        reserves designated under section 315, $12,000,000 for each of 
        fiscal years 2000, 2001, 2002, 2003, and 2004; and
            ``(5) for costs associated with administering this title, 
        $5,500,000 for fiscal year 2000 and such sums as are necessary 
        for fiscal years 2001-2004.'';
            (2) by striking ``306 or 309.'' in subsection (b) and 
        inserting ``306.'';
            (3) by striking ``during the fiscal year, or during the 
        second fiscal year after the fiscal year, for which'' in 
        subsection (c) and inserting ``within 3 years from when'';
            (4) by striking ``under the section for such reverted 
        amount was originally made available.'' in subsection (c) and 
        inserting ``to States under this Act.''; and
            (5) by adding at the end thereof the following:
    ``(d) Purchase of Otherwise Unavailable Federal Products and 
Services.--Federal funds allocated under this title may be used by 
grantees to purchase Federal products and services not otherwise 
available.
    ``(e) Restriction on Use of Amounts for Program, Administrative, or 
Overhead Costs.--Except for funds appropriated under subsection (a)(5), 
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.''.
                                 <all>