[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1025 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1025

   To amend the Coastal Zone Management Act of 1972 to establish the 
       National Estuarine Reserve System, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2003

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

_______________________________________________________________________

                                 A BILL


 
   To amend the Coastal Zone Management Act of 1972 to establish the 
       National Estuarine Reserve System, 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 ``National Estuarine Reserve System 
Act of 2003''.

SEC. 2. ESTABLISHMENT OF NATIONAL ESTUARINE RESERVE SYSTEM.

    (a) Policy.--Section 303 of the Coastal Zone Management Act of 1972 
(16 U.S.C. 1452) is amended--
            (1) in paragraph (5) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (6) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) to use the National Estuarine Reserve System 
        established under section 315 to improve the understanding, 
        stewardship, and management of coastal and estuarine resources, 
        including the development, application, and transfer to local, 
        State, and Federal resources managers of innovative coastal and 
        estuarine resources management technologies and techniques.''.
    (b) Definition of Resource Stewardship.--Section 304 of such Act 
(16 U.S.C. 1453) is amended by adding at the end the following:
    ``(19) The term `resource stewardship' means the implementation of 
management, research, and public education and outreach methods and 
techniques to ensure the long-term conservation of fish, wildlife, and 
plant resources and the maintenance of biological integrity, diversity, 
and environmental health of coastal and estuarine resources.''.
    (c) National Estuarine Reserve System.--Section 315 of such Act (16 
U.S.C. 1461) is amended to read as follows:

                  ``national estuarine reserve system

    ``Sec. 315. (a) Establishment of the System.--
            ``(1) In general.--There is established the National 
        Estuarine Reserve System. The System shall consist of--
                    ``(A) each component of the National Estuarine 
                Research Reserve System established by this section, as 
                in effect immediately before the enactment of the 
                National Estuarine Reserve System Act of 2003; and
                    ``(B) each national estuarine reserve designated 
                under this section.
            ``(2) Purpose.--The purpose of the System and of each 
        reserve is to improve the understanding, stewardship, and 
        management of coastal and estuarine resources.
            ``(3) Designation of existing sanctuaries as reserves.--
        Each component of the National Estuarine Research Reserve 
        System referred to in paragraph (1)(A) is hereby designated as 
        a national estuarine reserve.
    ``(b) Designation of National Estuarine Reserves.--The Secretary 
may designate an area as a national estuarine reserve if--
            ``(1) the area--
                    ``(A) includes any part or all of an estuary and 
                any island, transitional area, and upland in, 
                adjoining, or adjacent to the estuary; and
                    ``(B) constitutes to the extent feasible a natural 
                unit;
            ``(2) the Government of the coastal State in which the area 
        is located nominates the area for that designation; and
            ``(3) the Secretary finds that--
                    ``(A) the area is a representative estuarine 
                ecosystem that is suitable for long-term research and 
                contributes to the biogeographical and typological 
                balance of the System;
                    ``(B) the law of the coastal State provides long-
                term protection for reserve resources to ensure a 
                stable environment for research, education, and 
                resource stewardship; and
                    ``(C) designation of the area as a reserve will 
                serve to enhance public awareness and understanding of 
                coastal and estuarine resources, and provide suitable 
                opportunities for education, interpretation, training, 
                and demonstration projects to improve management of 
                coastal and estuarine resources.
    ``(c) Coastal and Estuarine Research, Education, and Resource 
Stewardship Guidelines.--
            ``(1) In general.--The Secretary shall develop guidelines 
        for the conduct of research, education, and resource 
        stewardship within the System that shall include--
                    ``(A) a mechanism for identifying, and establishing 
                priorities among, the coastal and estuarine management 
                issues that should be addressed through coordinated 
                research, education, and resource stewardship within 
                the System;
                    ``(B) the establishment of common principles and 
                objectives to guide the development of research, 
                education, and resource stewardship programs within the 
                System;
                    ``(C) the identification of uniform research 
                methodologies which will ensure comparability of data, 
                the broadest application of research results, and the 
                maximum use of the System for research purposes;
                    ``(D) the establishment of performance standards 
                upon which the effectiveness of the research, 
                education, and resource stewardship efforts and the 
                value of reserves within the System in addressing the 
                coastal and estuarine management issues identified in 
                subparagraph (A) may be measured; and
                    ``(E) the consideration of sources of funds for 
                coastal and estuarine research, education, and resource 
                stewardship in addition to the funds authorized under 
                this title, and strategies for encouraging the use of 
                such funds within the System, with particular emphasis 
                on mechanisms established under subsection (d).
            ``(2) Consultation.--In developing the guidelines under 
        this section, the Secretary shall consult with State 
        representatives and prominent members of the coastal and 
        estuarine research, education, and resource stewardship 
        community.
    ``(d) Promotion and Coordination of Coastal and Estuarine Research, 
Education, and Resource Stewardship.--
            ``(1) In general.--The Secretary shall take such actions as 
        are necessary to promote and coordinate the use of the System 
        for coastal and estuarine research, education, and resource 
        stewardship purposes.
            ``(2) Required actions.--Actions under this subsection 
        shall include the following:
                    ``(A) Requiring that research, education, and 
                resource stewardship activities administered or 
                supported by the Secretary and relating to coastal and 
                estuarine resources give priority consideration to 
                activities that use the System.
                    ``(B) Consulting with other Federal and State 
                agencies to promote use of one or more reserves within 
                the System by such agencies when conducting coastal and 
                estuarine research, education, and resource stewardship 
                activities.
                    ``(C) Establishing partnerships with other Federal 
                and State coastal and estuarine management programs to 
                coordinate and collaborate on coastal and estuarine 
                research, education, and resource stewardship.
    ``(e) Financial Assistance.--
            ``(1) In general.--The Secretary may, in accordance with 
        such rules and regulations as the Secretary shall promulgate, 
        make grants--
                    ``(A) to a coastal State--
                            ``(i) for purposes of acquiring such lands 
                        and waters, and any property interests therein, 
                        as are necessary to ensure the appropriate 
                        long-term management of an area as a reserve 
                        and constructing appropriate reserve 
                        facilities;
                            ``(ii) for purposes of operating or 
                        managing a reserve; or
                            ``(iii) for purposes of conducting resource 
                        stewardship, educational, or interpretive 
                        activities at a reserve; and
                    ``(B) to any coastal State or public or private 
                person for purposes of--
                            ``(i) supporting research and monitoring 
                        within a reserve that are consistent with the 
                        research guidelines developed under subsection 
                        (c); or
                            ``(ii) conducting educational, 
                        interpretive, or training activities for a 
                        reserve that are consistent with the education 
                        guidelines developed under subsection (c).
            ``(2) Terms and conditions.--Financial assistance provided 
        under paragraph (1) shall be subject to such terms and 
        conditions as the Secretary considers necessary or appropriate 
        to protect the interests of the United States, including 
        requiring coastal States to execute suitable title documents 
        setting forth the property interest or interests of the United 
        States in any lands and waters acquired in whole or part with 
        such financial assistance.
            ``(3) Amount of assistance.--(A) The amount of the 
        financial assistance provided under paragraph (1)(A)(i) with 
        respect to the acquisition of lands and waters, or interests 
        therein, for any one national estuarine reserve may not exceed 
        an amount equal to 50 percent of the costs of the lands, 
        waters, and interests therein.
            ``(B)(i) Except as provided in clause (ii), the amount of 
        the financial assistance provided under paragraph (1)(A)(ii) 
        and paragraph (1)(B) may not exceed 70 percent of the costs 
        incurred to achieve the purposes described in those paragraphs 
        with respect to a reserve.
            ``(ii) The amount of financial assistance provided for 
        education and interpretive activities under paragraph 
        (1)(A)(iii) or research and monitoring activities under 
        paragraph (1)(B) may be up to 100 percent of any costs for 
        activities that service the System as a whole, including 
        System-wide monitoring equipment acquisition, data management, 
and data synthesis; administration and synthesis of System-wide 
research programs; and graduate research fellowship programs.
            ``(C) Notwithstanding subparagraphs (A) and (B), financial 
        assistance under this subsection provided from amounts 
        recovered as a result of damage to natural resources located in 
        the coastal zone may be used to pay 100 percent of the costs of 
        activities carried out with the assistance.
            ``(4) Donations.--(A) The Secretary may--
                    ``(i) enter into cooperative agreements or 
                contracts with any nonprofit organization established 
                to benefit a 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 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) Evaluation of System Performance.--
            ``(1) In general.--The Secretary shall periodically 
        evaluate the operation and management of each reserve, 
        including coordination with State programs established under 
        section 306, education and interpretive activities, and the 
        research being conducted within the reserve.
            ``(2) Suspension of financial assistance.--If evaluation 
        under paragraph (1) reveals that the operation and management 
        of the reserve is deficient, or that the research, education, 
        or resource stewardship being conducted within the reserve is 
        not consistent with the guidelines developed under subsection 
        (c), the Secretary may suspend the eligibility of that reserve 
        for financial assistance under subsection (e) until the 
        deficiency or inconsistency is remedied.
            ``(3) Withdrawal of designation.--The Secretary may 
        withdraw the designation of an estuarine area as a reserve if 
        evaluation under paragraph (1) reveals that--
                    ``(A) the basis for any one or more of the findings 
                made under subsection (b)(3) regarding that area no 
                longer exists;
                    ``(B) a substantial portion of the research, 
                education, or resource stewardship conducted within the 
                area, over a period of years, has not been consistent 
                with the guidelines developed under subsection (c); or
                    ``(C) the coastal State in which the area is 
                located has not complied with the requirements of any 
                guidelines developed under subsection (c).
    ``(g) Report.--Every 2 years the Secretary shall report to the 
Committee on Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate 
information regarding--
            ``(1) the designation of new reserves;
            ``(2) the expansion of existing reserves;
            ``(3) the status of the research, education, and resource 
        stewardship program being conducted within the System; and
            ``(4) a summary of the evaluations made under subsection 
        (f).
    ``(h) Definitions.--In this section:
            ``(1) Reserve.--The term `reserve' means a component of the 
        National Estuarine Reserve designated under subsection (a)(3) 
        or (b).
            ``(2) System.--The term `System' means the National 
        Estuarine Reserve System established by this section.''.
    (d) Authorization of Appropriations.--Section 318 of such Act (16 
U.S.C. 1464) is amended--
            (1) in subsection (a) by striking paragraph (2) and 
        inserting the following:
            ``(2) for grants under section 315--
                    ``(A) $35,000,000 for fiscal year 2004;
                    ``(B) $36,000,000 for fiscal year 2005;
                    ``(C) $37,000,000 for fiscal year 2006;
                    ``(D) $38,000,000 for fiscal year 2007; and
                    ``(E) $39,000,000 for fiscal year 2008''; and
            (2) by adding at the end thereof the following:
    ``(d) Limitation on Grants for Acquisition and Construction for 
Reserves.--The Secretary shall ensure that of the funds provided under 
paragraph (2) of subsection (a), no more than $15,000,000 is used for 
assistance under section 315(e)(1)(A)(i).''.
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